01 Jan 2007

This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at www.creativepool.co.uk (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services.

By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Creativepool.co.uk (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.


venue
creativepool.co.uk is not an employment site. We do not facilitate in the placement of individuals in jobs beyond bringing both parties to our website. We do not ultimately participate in the transaction between the employer and the candidate, other than to provide a forum for them to meet.


use of material
creativepool.co.uk authorises you to view and download a single copy of the Material on www.creativepool.co.uk (the "Web Site") solely for your personal, noncommercial use.
All contents of this Web Site, including such things as text, graphics, images, logos etc. are all the property of creativepool.co.uk and are not to be used by any individual or organisation without the express agreement of the company. All Material is the property of the Company or its content suppliers or clients. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without consent. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. The same shall apply to any of the programming and HTML code that the Company uses to generate its pages.


site use
Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.


specific prohibited uses
The Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

Posting any incomplete, false or inaccurate information.
Deleting or revising any material posted by any other person or entity other than your own.
Posting any business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately large load on this Web Site'.
Disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer. Mozilla, Safari).
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.

It is the user or member's responsibility that no posting, profile or portfolio contains any data, image or other material which;
Is illegal or designed to incite any illegal behaviour or act.
Is offensive, obscene, indecent, defamatory, libellous, threatening or is racially, ethnically, religiously, sexually or otherwise objectionable.
Infringes on the rights or intellectual property rights of another or any copyright laws.
Images of unclothed children.
Images of children being used without the prior written consent from the parent or guardian.
Any content which can be defined as libellous, slanderous or plagiarism.

user information
When you register with creativepool.co.uk, you will be asked to provide the Company with certain information including, without limitation, a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.


user submissions
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduct for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.


feedback
The feedback section of the Web Site, is an area where companies who have worked with individuals have an opportunity to leave a quick summary of their experience. It is akin to an online reference. The Company cannot substantiate the truth or accuracy of the references listed in this section,
they should be used as a guide only for prospective employers. In the event of a piece of feedback has been left that the candidate is unhappy with or believes it to be unfair or inaccurate The Company will act as a mediator between the two parties in order to disclose why the feedback was left and to the nature of the disagreement. We will in most cases be able to resolve the dispute in this manner. If a company has left feedback and would like this to change, this can only be done in very rare occasions and generally only due to mistaken identity or mistaken input, please contact us in this instance.
Companies are not allowed to leave any feedback that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing. The feedback section is to give an honest view of the individuals practical ability at fulfilling the tasks given to him/her.


registration and password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify the Company of any unauthorised use of your registration or password.


the company's liability
creativepool.co.uk is a venue. This Web Site acts as a venue for employers to post job opportunities and candidates to post CV's, profiles and portfolios and does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or CV's, profiles, portfolios or other data posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site.

Because user authentication on the Internet is difficult, creativepool.co.uk cannot and does not confirm that each user is who they claim to be. This also extends to any "feedback" left for any individual or company. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on creativepool.co.uk, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using this Web Site.

The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV or material contained therein placed by you on the Web Site. Employers are solely responsible for their postings on the Web Site.

The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site.

The Company cannot warrant that the web site will either operate error free or be completely free of computer viruses and other software that may be harmful. While all due care is taken, the company is not responsible for any associated costs for replacing damaged equipment or data.

The Web Site www.creativepool.co.uk is provided on an "as is" basis without any warranties of any kind, and disclaims all warranties whether express or implied.

creativepool.co.uk will not be liable for any offence, annoyance, inconvenience, anxiety or distress caused by the images and material posted either by ourselves in any posting or by any user or member. It is the user or member's responsibility that no posting, profile or portfolio contains any data, image or other material which;
Is illegal or designed to incite any illegal behaviour or act.
Is offensive, obscene, indecent, defamatory, libellous, threatening or is racially, ethnically, religiously, sexually or otherwise objectionable.
Infringes on the rights or intellectual property rights of another or any copyright laws.
Images of unclothed children.
Images of children being used without the prior written consent from the parent or guardian.
Any content which can be defined as libellous, slanderous or plagiarism.

If you feel you have viewed any content on the site which you feel may contravene the above please contact us at admin@creativepool.co.uk and a decision will be made regarding the specific content. If it is deemed by us to be in contravention of any of the above mentioned details creativepool.co.uk will endeavour to remove the posting, profile, portfolio or any other data from the site.

Users should be aware that if they join creativepool.co.uk their name, profile details and portfolio may be viewed by their current employers or other interested parties. creativepool.co.uk accepts no liability for any matter arising from such an occurrence.

As a result of included but not limited to said factors, The Company offers the service as is. No refunds, partially or wholly, regardless of performance of either the website, it's hosting, connection, content, recruitment tools, onoline profiles, or the claims made by individuals using this service will be entertained.

disclaimer of consequential damages
Under no circumstances shall The Company, its suppliers, or any party related with this web site be liable for any damages whatsoever resulting from the use or inability to use this Web Site and whether or not the company has been advised of the possibility of such damages.


links to other sites
The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.


no resale or unauthorised commercial use
You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorised commercial use of the Web Site.


limitation of liability
The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to £0.01.


invoicing
The Company reserves the right to remove from the site any job advertisement or access to the employee/CV search if the invoice issued remains unpaid 7 days after due date. We also reserve the right to place on hold any account that has monies outstanding.
Removing the job or access to the employee/CV Search does not negate the invoice and all monies set out will still be payable.
Once payment has been received the job can be reinstated at the debtors request.

The Company operates a policy of charging clients for late payment of invoices.

If a payment remains outstanding after a period of 1 months from the date the invoice is due then the invoice will attract an additional administrative charge of £20
as well as accrue interest on the late payment at a rate of 20% from the date of invoice.

If an invoice remains unpaid for 15 days after this period a final letter before action will be produced and if monies remain outstanding after a further 15 days then The Company will under it's discretion either take the matter to the small claims court or
pass the debt over to a third party, who will act on The Companies behalf to retrieve the outstanding debt.
Additional charges may be levied at this stage to help with the cost of recovery of said monies, as is seen fit by the collection agency.


contracts
On occasion The Company will offer long-term contracts to users. Using the site within the time period of a Contract presented constitutes clear acceptance of our Terms and Conditions presented within the Contract. At no point does the level of activity engaged in by a User under Contract with The Company reflect on the validity of the Contract.

Unless expressly indicated in the contract issued - all contracts are Minimum Term.

termination
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.

You can end the agreement during your Minimum Term by giving written notice at least 30 days before the date you want to end the agreement. However, you must pay us all the Charges you owe in order to settle the contract.

You can end the agreement if the contract is outside the Minimum Term. With all monies paid as set out in the terms of this Contract, the Customer is entitled to terminate the Contract wholly with the Company by providing at least 30 days written notice to the Company of their intention to do so. After this time should the Customer not exercise the right to terminate the contract then the Customer is bound to the full terms of this agreement. (A Cancellation Fee will not be charged.)

indemnity
You agree to defend, indemnify, and hold harmless the Company, is officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.


general
This site is targeted toward United Kingdom companies. If you access the Web Site from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site.


additional terms of use

Certain areas of this Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.


job management service
This allows employers and recruiters to post a job advertisement, for our users to view and registered individuals to apply for.
Job postings include all the information inserted in the job management add a job tab.
Registered individual members can then apply for the posting and have their CV and/or portfolio link sent to the posting client. Their full contact details for the individual will be made available in the email. All correspondence should then be made between the applicant and the company who has posted the job.
creativepool.co.uk is not liable in any way for the commitment of the applying member's application.
creativepool.co.uk will not divulge an applicants full contact details unless the information has been entered in by the user in fields other then those denoted as not being shown.
If for any reason creativepool suspects that a Client is abusing said service then creativepool reserves the right to delete the Client's membership, and bar the Client and possibly their IP address from using creativepool.co.uk again.