Terms and Conditions
The term ‘Creativebrief’ or ‘us’ or ‘we’ refers to the owner of the website, Creativebrief UK Limited whose registered office is Carrington House, 126-130 Regent Street, London W1B 5SE. Our company registration number is 03804236. The term ‘you’ refers to the user or viewer of our website. The term ‘you’ and ‘your’ means any user of the services on this website. As well as visiting this website to access the information on it, users may register with us for special benefits and access to our services. Registered users fall into two categories, namely:
The services available to each category (and any sums due for those services) are detailed elsewhere on this website (see hypertext links above). The terms and conditions applicable to all users are immediately below. Separate provisions applicable to each of the above categories only are found at the end of this document.
(A) USE OF THIS WEBSITE AND RULES FOR MEMBERS
Use of and status of website material
- The content of this website is intended to assist you with learning, marketing exposure and the facilitation of a briefing process between brand users and agency users. The general formatting is subject to change without notice and the content of this website is updated from time to time.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us or which has been uploaded onto this website by registered users. This material includes, but is not limited to, the design, layout and appearance and may include graphical images, text, video clips, reprographics, sounds, demos, patches and other files. Reproduction, use or dissemination of all such material without the owner’s consent is prohibited.
- You have limited permission to display, print or download extracts from this website for your personal use only. This right is not transferable or sub-licensable. If you are an organization then such use must remain within your organization.
- Any copies of the pages of the website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for such personal OR internal use.
- You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from this website without our prior written consent save as expressly authorized by an agreement in writing between us and you.
- Unless with our prior permission no part of this website may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
- Linking to the home page of this website is greatly appreciated but written permission for using our name, logo and linking to this website is required. Please contact email@example.com for this permission. No deep linking or framing will be permitted without prior written agreement. We reserve the right to revoke such permission at any time. If we do so you must promptly comply with our request to cancel such linking or framing.
- You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on this website or use any of the materials for public performance or otherwise make commercial use of this website or any materials located on it without our prior written consent.
- Any permission granted above terminates automatically if you breach any of these terms and conditions or if you cease to be a subscribed user of this website for whatever reason.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites in question. We have no responsibility and accept no liability for the content of any such website or any other website it may link to.
Scope of our liability
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose, including material uploaded by any user. You acknowledge we incorporate information and material supplied by third parties in good faith and that, while we will not knowingly incorporate inaccurate or incomplete information, such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- We will not be liable for any damages (including, without limitation, damages for any indirect or consequential loss, loss of business opportunities or projects, loss of profits, administrative costs or disaster recovery costs, even if we have been informed of the likelihood of any of the aforesaid arising) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the website, or any of its contents and materials, or from any action or omission taken as a result of using the website or any such contents. In any event our liability for all damages and losses (including negligence) shall not in any circumstances exceed the amount paid by you, if any, for accessing and using the services on this website.
- All users agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from their use or misuse of this website. If such action is taken against you as a result of using this website then you must notify us immediately.
- Although we make all reasonable efforts to ensure freedom from viruses using a reasonably up to date virus detector, we make no warranty that the contents of the website are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
- Nothing in these terms or conditions should be construed as limiting or excluding or liability for death or personal injury caused by our negligence or fraud. All limitations of liability in this section and in these terms and conditions generally should be read subject to this proviso.
User rules of conduct
- All communications you upload to or make via this website must be courteous and professional. Furthermore, you cannot upload to this website or otherwise distribute or publish through this website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, misleading, inaccurate, in breach of advertising codes or standards or which is otherwise unlawful or designed to cause disruption to any computer systems or network.
- You are fully and solely responsible for your use of this website and accept liability for any resulting actions.
- Any opinions expressed by individuals using this website do not necessarily reflect our opinions or those of their employer.
- We will enforce appropriate sanctions against any users who are responsible for abuse of this website or who breach any of its terms. Such sanctions may include, but are not limited to, (a) a formal warning, (b) suspension of access through this website, (c) termination of any registered user status along with attendant rights and benefits
- We shall be entitled without liability to you and at our discretion to remove any content in breach of these terms and conditions from our server immediately.
- You agree to indemnify and undertake to keep us indemnified against any costs or expenses (including the cost of any settlement) arising out of any claim, action, proceeding or demand that may be brought, made or prosecuted against any of them arising out of or as a consequence of an unlawful or negligent act or omission or an infringement of any third party rights which arise out of or are connected in any way with this website and/or arising out of a breach of this acceptable use policy.
(B) REGISTERED USERS’ MEMBERSHIP AND BILLING
- The Order Confirmation forms set out the key criteria for each type of membership available and you will only be entitled to the services specified for your category of membership. By filling out the applicable form (whether manually or electronically) you warrant that you meet the criteria specified on this website for that category of user. We may contact you at any time to verify any information that you have submitted either by email, post, fax or telephone and reserve the right not to process any membership application at our sole discretion. Your membership and your rights and obligations under these terms and conditions may not be transferred or delegated.
- Regardless of membership status or user type, your login and password information may not be shared with third parties, even within your organization. We reserve the right to cancel your membership at any time if login and password information is shared more widely and/or if multiple IP addresses are used to access the password holder’s account.
- In connection with the sharing of information under the Projects section of the website registered users must execute a confidentiality agreement in our required form before such information is shared. An individual accepting any such agreement on behalf of a registered user which is an organization will be legally binding that organization so must be authorized to sign contracts on its behalf.
- You agree to pay all fees payable for your membership and all associated services within 30 days of the date of the invoice. If the payments are to be made in installments, the agreed payment dates will be specified on your invoice. If such fees remain outstanding after the date on which they become due and payable then, without prejudice to any other right or remedy available to us, we shall be entitled to terminate our agreement with you and your use of this website immediately without notice, the entire sum for that 12 month membership period shall become immediately due and payable and you shall pay interest on all outstanding sums at the rate of 8% per month above the base rate of the Bank of England at the prevailing time, calculated annually but accruing on a daily basis. You also agree to indemnify us against all costs (including reasonable attorneys’ fees) incurred by us pursuing sums due under these terms and conditions. Furthermore, in such event your profile and showcase will be frozen and not displayed until payment in full (plus interest accrued) is received.
- If membership has been paid for on-line, an automatic email renewal reminder will be sent one month before the renewal date. Renewal will then automatically take place (and payment will be taken) unless you expressly notify us of cancellation of your membership before the renewal date. Cancellations received after that date will result in the entire membership fee for the following year being charged.
We reserve the right to adjust pricing for our services in any manner and at any time as we may determine in our sole and absolute discretion. Such price changes will take effect following email notice to you. Price changes will only be implemented at renewal date.
- These terms and conditions shall be interpreted, construed and enforced in all respects in accordance with English law and you and we each irrevocably agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with these terms and conditions. The place of performance of the contract between you and us which they govern is England.
- All notices given under these Terms and Conditions of Use shall be sufficiently served by email and deemed validly served when downloaded on to the recipient’s server. Our email address for such purposes is firstname.lastname@example.org.
- If any provision of these Terms and Conditions is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.
- No failure by us to exercise any of our rights under these terms and conditions shall operate as a waiver of our rights.
- The contract formed on these terms and conditions between you and us is for the sole benefit of you and us and is not intended to confer any benefit upon any third party whether under the Contract (Rights of Third Parties) Act 1999 or otherwise and no third party shall have any right to enforce it.
- Your rights under these terms and conditions are personal to you and us and you shall not assign, transfer, delegate, sub-license or subcontract them. We shall be able to assign, transfer, delegate, sub-license or subcontract our rights under these terms and conditions at will.
- You undertake not during the term of any contract formed on these terms and conditions between you and us or for twelve months thereafter to solicit from our employment any of our agency sales staff, client sales staff or account management staff. If you breach this provision on any occasion you shall, promptly on being invoiced for the same, pay to us a sum equal to the total of (i) our costs incurred recruiting a replacement staff member and (ii) the first three months’ gross salary of that replacement on the basis he or she will take that period to become fully productive. You acknowledge that this sum is not penal or excessive but a fair and reasonable pre-estimate of the expense and inconvenience which we will incur due to any such breach. We acknowledge that the above restriction will not be breached if any of our staff approach you unsolicited or respond to an advertisement for a vacancy not specifically targeted at them.
(D) REGISTERED USER-SPECIFIC TERMS
The following terms apply solely to that category of registered user as indicated below:
- Membership is on an annual basis and payment is annually in advance or monthly in equal payments. Membership will automatically be renewed and payment automatically taken via electronic means unless you cancel membership more than 2 weeks before the next automatic renewal date.
- If membership has been paid for, a notice of renewal will be automatically issued and sent via email to you 4 weeks before the automatic renewal date, followed by an invoice if cancellation is not received 2 weeks before the automatic renewal date. Cancellation received after that date will result in the full membership fee for the next year being charged.
- If you refer any new, paid, registered users to us you will receive an additional one month’s free membership at the end of your current membership year and the user you refer to us will receive an additional one month’s free membership at the end of its first membership year, subject to annual payment in advance.
- If you register as a brand on this website as a paying user, you will be entitled to view events posted by agency users on this website. You will be able to RSVP or request an invite to these events online. The ticketing for such events may be run either by the agency or by a third party ticket provider. In either event, we shall be in no manner liable for the provision of this ticketing or any failure in connection with it.
- You have the right to upload content on this website. You confirm that either you own the rights to the content that you upload to this website, or that you have received the permission of the owner to do so.
- We reserve the right to use any content uploaded to this website regardless of whether or not you continue to be a user, unless otherwise instructed by the agency.
- Membership is on an annual basis. However, where payment by instalments is agreed, if any instalment payment is overdue, the entire sum becomes immediately payable.
- If membership has been paid for, a notice of renewal will be automatically issued and sent via email to you 4 weeks before the automatic renewal date, followed by an invoice if cancellation is not received 2 weeks before the automatic renewal date. Cancellation received after that date will result in the entire membership fee for the next year being charged.