Welcome to The creative floor, a free web service for the creative community The creative floor and The creative floor.net (each a ‘Site’) are operated and provided by The creative floor (“We,” “Us,” or “The creative floor”).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at www.the creative floor.com, The Creative Floor Terms of Service (“BTOS”), and any operating rules or policies that may be published by The Creative Floor at the URL: www.the creative floor.com and affiliated sites (the “Service”). BY COMPLETING THE REGISTRATION PROCESS, OR USING THE CREATIVE FLOOR, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be sixteen or older to register as a member of The Creative Floor. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. GENERAL TERMS AND CONDITIONS
The Creative Floor may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on The Creative Floor.com. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
5. DESCRIPTION OF SERVICE
The Creative Floor provides Users with a variety of online services, including but not limited to:
THE CREATIVE FLOOR-GENERATED CONTENT. Interviews, articles and tips on how creative professionals manage their ideas and increase productivity.
USER-GENERATED CONTENT. Uploaded or entered multimedia content developed and owned by creative professionals across industries.
JOB LIST. A directory of jobs in the creative professional community.
COMPETITIONS. Awards and competitions for members to submit their past and latest projects for others to admire.
TIP EXCHANGE. A directory of user-generated tips for creative professionals.
6. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. BY USING THE CREATIVE FLOOR YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. THE CREATIVE FLOOR HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING THE CREATIVE FLOOR, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE THE CREATIVE FLOOR FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS THE CREATIVE FLOOR, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (“Content”) which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. The Creative Floor does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will The Creative Floor be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
8. USER’S GRANT OF LIMITED LICENSE
(Note: The Creative Floor does not claim any permanent ownership of Content you submit or make available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host and display this content, as specified below, which lasts as long as you chose to host your work on the service. For example, one purpose for this limited license is to enable The Creative Floor to stream and present your work across the The Creative Floor Network and partner sites that present your work professionally – linking back to your portfolio. This day in age, we require a limited license for your content in order to present it in the many places and various forms across the The Creative Floor Network sites.)
The Creative Floor does not claim ownership of the Content you submit (“Your Content”) or make available for inclusion on the Service. By submitting Content to The Creative Floor for inclusion in the The Creative Floor Network and associated sites, you grant The Creative Floor – for the period of time your portfolio of content is published in The Creative Floor’s systems – a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Service, serving search results, and propagating the Content throughout the service. This license exists only for as long as you continue to be a The Creative Floor member and shall be terminated at the time your membership is terminated.
Such limited license also includes incorporating a Contribution, in whole or in part, into a The Creative Floor feature or in promotional or marketing materials (attributed properly to the artist).
The Creative Floor will NEVER assume ownership of your work, and the artist’s copyright settings, as selected by the artist, will remain associated with each published project. This limited license is required for the nature of The Creative Floor Network’s platform. Work submitted to The Creative Floor remains owned by the artist, under the artist’s selected copyright settings, and artists decide whether or not to sell their work to third parties – The Creative Floor does NOT act as an intermediary in selling creative work.
You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Content. You acknowledge and agree that the display or inclusion of Your Content shall be in the sole discretion of The creative floor and Your Content may or may not be included on the The Creative Floor website for any reason or no reason at all.
BY UPLOADING CONTENT TO THE CREATIVE FLOOR’S WEBSITES YOU AGREE NOT TO VIOLATE ANY LAW, REGULATION OR AGREEMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHT WHICH MAY APPLY, AND YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE CREATIVE FLOOR, IT’S OWNERS, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT ASSOCIATED WITH YOUR USE OF THE WEBSITE.
9. USER CONDUCT
Each site and the Services are provided to you solely for entertainment and organizational purposes. You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, The creative floor reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services.
b. without limitation of the foregoing, not to use the Site or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of The Creative Floor, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of The Creative Floor and The Creative Floor.net is also prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in The Creative Floor. Appropriate legal action may also be taken for any unauthorized use of The Creative Floor.
d. that The Creative Floor is not responsible for material submitted to The Creative Floor or posted to the Site by Users. The creative floor does not pre-screen, monitor, review or edit the Contribution posted by Users. However, The creative floor and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Contribution, in whole or part, that in The Creative Floor judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. The Creative Floor is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to The Creative Floor. You agree to immediately notify The Creative Floor of any unauthorized use of the Service or any other breach of security that you know or suspect.
10. MODIFICATIONS TO SERVICE
The Creative Floor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Creative Floor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including but not limited to Contributions (“Content”), including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Thus, all Content is either the copyrighted property of The Creative Floor, or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors or, in some cases, the content is assigned a license under the Creative Commons licensing system (when specified). As between The Creative Floor and you, The Creative Floor is the sole owner of all The Creative Floor-generated content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participant in The Creative Floor retains all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant’s Content), subject to the non-exclusive rights in the licenses granted to The Creative Floor under this agreement. Participant is free to grant similar rights to others during and after the Term of this Agreement.
c. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
d. Unless expressly permitted by The Creative Floor or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service. You may download Content for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. In addition, these files may not be used to construct any kind of database.
e. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that has not been expressly authorized by us.
Upon a request by The creative floor, you agree to defend, indemnify and hold The Creative Floor, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). The Creative Floor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The creative floor in asserting any available defense.
13. YOUR CONTRIBUTIONS
You acknowledge and agree that The Creative Floor may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of The creative floor, its Users or the public.
a. You understand that the technical processing and transmission of the Site, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The Creative Floor assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other Users to The Creative Floor.
b. Any or all Content on the Site may be purged periodically at The Creative Floor sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by The Creative Floor or submitted to The creative floor .You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of The Creative Floor, and The Creative Floor does not support or endorse Content (including any Contribution, whether or not edited by The Creative Floor ]] or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
c. In operating this site, The Creative Floor does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to The Creative Floor, will be deemed not to be confidential or secret. By submitting or sending information or other material to The Creative Floor you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above (“User Conduct”).
14. COPYRIGHTS AND COPYRIGHT AGENT
We respect the intellectual property rights of others, and require that the people who use the The Creative Floor Site do the same.
a. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
(i) Your name, address, telephone number, and e-mail address;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the alleged infringing material is located;
(iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(vi) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Agency £9.99 a month and Unlimited Storage £3.99 a month packages have a Minimum Term of 12 months, you agree to The Creative Floor for that Minimum Term. If you decide to cancel the contract, you must immediately pay all charges you owe up to the date the agreement ends.
We may end this agreement in the following ways:
a. Because of your conduct. In the following cases, we may end your agreement immediately and you have to pay all the charges you owe up until we disconnect you:
(i) If we have the right to suspend your subscriptions on any of the grounds in that we believe that the grounds are serious and have not been, or are unlikely to be, rectified;
(ii) If we believe that your communications with The Creative Floor or any of our retailers or agents, or your use of our services, are jeopardising the operation of the site, or are of an unacceptable nature;
(iii) If we reasonably believe you will not be able to pay your bill. This could result from a failure to pass one of our credit assessments; or (iv) in the event of your bankruptcy, insolvency or death.
b. If we are no longer able to provide services due to factors beyond our control or because we cease business.
For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.