At Creativ.es we are very trusting, but our lawyer made us say this…
By using the Site or Services, You agree to by bound by these Terms. If You do not agree to the Terms, You should not access, view, download or otherwise use the Site or Services.
OWNERSHIP AND USE
We like to be clear; this spells out what is Ours, what is Yours, and what may be shared with the general public:
A. Site and Services. Creativ.es offers Services to Users through its Site that allow creative professionals and companies in the advertising, design or development industries to share information related to job opportunities. To be eligible to use the Site and Services, You must be at least eighteen (18) years old, have access to equipment and software necessary to use the Site, and not be our competitor. We hope You will find our Site and Services to be useful. However, once You leave our Site, we are not responsible for the practices of that third party. You are responsible for evaluating the terms and policies to decide whether You want to access or use a third party site.
B. Material. The contents of the Site, including but not limited to the look and feel, text, graphics, images, logos, button icons, software and other data available through the Site (“Material”), are owned or licensed by Creativ.es, its advertisers and/or its authorized content providers. The Materials are subject to copyright, trademark, and other intellectual property or ownership rights under US (and perhaps foreign) laws. To the extent You are allowed to download, copy, redistribute or otherwise use Material or Company Content (defined below), You must maintain the Material or Company Content as originally posted without modification or deletion of proprietary rights notices (if any).
C. Contributions. To the extent You provide ideas, suggestions or other feedback ("Contributions") to Creativ.es on its feedback web page on the Site, via Twitter, on Facebook or in any other manner, you acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) You irrevocably assign to Creativ.es all rights to Your Contributions; (iii) Creativ.es may use or republish Your Contributions for any purpose in any media worldwide; and (iv) You will not receive payment or anything else of value from Creativ.es for Your Contributions.
D. Company Content. Job announcements, company information and/or branded advertisements posted by authorized Users (“Company Content”) is and shall remain the property of the User authorized by Creativ.es to post such Company Content. By posting Company Content, You acknowledge and agree that: (i) You have all rights and authorization required to publish the Company Content on the Site and by doing so, neither You nor Creativ.es (or its Users) will be in violation of any law or contractual obligations of any third party; (ii) all company information is accurate; (iii) all job announcements relate to the creative industry or are for a creative specific job related to the advertising, design and/or development industry or professionals; (iv) all job announcements are for actual open positions for traditional, W-2 or 1099 workers and NOT for multi-level marketing opportunities or positions requiring a monetary investment, the purchase of materials, attendance at a paid seminar, or the like; (v) You authorize Creativ.es and other Users to (a) access, view, download, print, copy and store Your job announcements and related Company Content for non-commercial purposes, (b) distribute and/or republish Your job announcements and related Company Content via other media, such as Twitter, Facebook, or email, and (c) contact You through the email address or URL for Your company website provided when You posted the job announcement and related Company Content; (vi) Creativ.es may remove Your job announcements after 30 days if you signed up for a free account, after 60 days if you signed up for a premium account, or immediately upon discovering any Company Content which violates the Terms or is otherwise offensive or inappropriate; and (vii) if You provide a URL with a job announcement, You grant Creativ.es the right to include a link to Your company website; and (viii) if You provide an email address with a job announcement, You authorize Creativ.es and its Users to distribute, store and otherwise use that email address for the purpose of contacting You about the job announcement (and further, if that email address is considered personally identifiable information under privacy laws, You represent that the individual identified by the email address has authorized its use in this manner for this purpose).
RIGHTS, RESTRICTIONS AND OBLIGATIONS
Every game has rules. Here are ours.
General Rules for Employers and Recruiters
If You are authorized to use areas of the Site or specific Services that require setting up an account, You may be required to access those protected areas of the Site or Services with a unique password. Your password cannot be distributed to others, and as the registered User You are responsible for any and all damages to Creativ.es resulting from the distribution of Your password. You agree to immediately notify Creativ.es of any unauthorized use of Your registration or password.
All information contained in job announcements must be true and accurate, and should include sufficient detail for job seekers to understand the requirements for applicants and how to contact Your company directly to apply for the job.
Creativ.es has no obligation to monitor job postings on theSite. You are responsible for the Company Content You post to the Site. However, we do randomly monitor job announcements and advertisements to ensure compliance with the Terms and reports of potential abuse.
If, in its sole discretion, Creativ.es determines that Company Content violates the Terms or the law, such Company Content may be removed without warning.
Prohibited Actions for All Users
In connection with Your use of the Site, no User shall:
Post, transmit, distribute, store, upload, or destroy Material knowingly (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the intellectual property rights or violate other personal rights of others.
Post or transmit any message, information, data, text, software or images, or other material (“Content”) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, or obscene, tortious otherwise objectionable or that may invade another's right of privacy or publicity.
Misrepresent Yourself as any other person or entity, including without limitation a Creativ.es employee or agent, an authorized user of Creativ.es's services, a candidate, or an employer.
Post or transmit any Content that You do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationship.
Delete or modify any Material other than Company Content posted by You or Your own personal data.
Use any device, software, or routine to mechanically "spider", "scrape" or otherwise extract data posted to Creativ.es, including job extraction data programs.
Use any personal data about candidates or company representatives obtained on the Site or through Your use of the Site or Services for purposes other than consideration of the candidates for potential employment by your company, in the case of an employer, or for presentation of your resume to a company in the case of a job seeker.
Communicate, send, or place unsolicited e-mail (SPAM), telephone calls, mailings or other contacts to companies who post job announcements on the Site. Any e-mail address included in Company Content must be one for which You have the express permission of the owner to use and republish for this purpose. Creativ.es does not tolerate unsolicited commercial email (SPAM).
Knowingly violate or attempt to violate the security of the Site, including, without limitation accessing Material not intended for Your use or logging into a server or account that You are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any User, host or network, including, without limitation, submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mail bombing" or "crashing"; sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. Creativ.es will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Knowingly take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
Aggregate, copy or duplicate in any manner any of the Company Content, personal data or other Materials available on or through the Site without prior written consent from Creativ.es.
Creativ.es is in Limited Field Trial (Beta Release)
Things may not always work as intended. By setting up an account or otherwise using the Site or Services, You agree that we may contact You to ask for feedback about the Site and Services. We hope You will use the feedback feature to let us know of any problems or irregularities.
Just in case.
Creativ.es reserves the right, at its sole discretion, to terminate Your access to the Site and Services which may include the deletion of any Company Content or User registration information (if any) from the Site should You violate the Terms or if we are unable to verify Company Content or other information You provide. Additionally, Creativ.es intends to continue improving its Site and Services, but reserves the right, at its sole discretion, to change, modify, replace, suspend access to, or discontinue the Services or the Site at any time and/or adjust pricing for use of the Services or Site.
Just in case.
Surely you are professional and responsible, but for any rule-breakers out there, take note.
You indemnify and hold Creativ.es harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) Your failure to comply with the Terms, (2) any Company Content or other information or data You submit to the Site or Services, and (3) any activity in which You engage on or through the Site.
Enter at your own risk! We don’t want to scare you away. We’re just saying that we cannot create a perfect world on the internet (wish we could... internetopia sounds like a nice place to visit).
TO THE EXTENT ALLOWED BY THE LAWS IN YOUR JURISDICTION, THE FOLLOWING DISCLAIMER APPLIES TO YOU:
DO NOT RELY ON CREATIV.ES, ANY INFORMATION ON THE SITE, OR ITS CONTINUATION. THE SITE AND ALL INFORMATION AND SERVICES ARE AVAILABLE FOR YOUR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CREATIV.ES DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE ARE NOT RESPONSIBLE FOR THIRD PARTY SPAMMERS THAT ABUSE THIS SITE AS NEW TECHNOLOGIES AND ANY INFORMATION OPEN TO THE PUBLIC INTERNET MAY RESULT IN SUCH OCCURRENCES; HOWEVER, WE HAVE TAKEN EXTENSIVE MEASURES TO LIMIT THIS.
WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. ALSO, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CREATIV.ES DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY CREATIV.ES OR ANYTHING RELATED TO CREATIV.ES, YOU MAY CLOSE YOUR CREATIV.ES ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
CREATIV.ES DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CREATIV.ES DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR PERSONAL DATA. IF YOU SUSPECT ANOTHER USER IS VIOLATING THE TERMS OR THE LAW, PLEASE CONTACT US AND WE WILL INVESTIGATE.
CREATIV.ES DOES NOT GUARANTEE THAT THE SITE OR SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SITE OR SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CREATIV.ES DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CREATIV.ES DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE CREATIV.ES SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
LIMITATION OF LIABILITY
Since the Site and Services are intended as a communal experience for Your convenience to use at Your discretion, Your rights against Creativ.es are limited.
TO THE EXTENT ALLOWED BY THE LAWS IN YOUR JURISDICTION, THE FOLLOWING DISCLAIMER APPLIES TO YOU:
IN NO EVENT SHALL CREATIV.ES BE LIABLE TO ANY USER OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND FUNCTIONS OF THE SITE OR SERVICES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABLITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THIS LIMITATION OF LIABILITY IS NOT ALLOWED BY THE LAWS IN YOUR JURISDICTION, THE LIABILITY OF CREATIV.ES FOR ANY DAMAGES AS SET FORTH ABOVE IS THE ANNUAL AMOUNT PAID BY YOU TO CREATIV.ES FOR YOUR USE OF THE SITE OR SERVICES.
Order in the court.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to the conflicts of law principles, and any claim or suit arising out of or relating to these Terms may be brought and maintained only in a court of competent subject matter jurisdiction in the State of Colorado, USA, with each party voluntarily submitting to the personal jurisdiction thereof. Only to the extent Your jurisdiction prohibits this choice of law provision, the Terms shall be governed by and construed in accordance with the laws of the jurisdiction where You reside.