Terms and Policies

Candidate or  Employer  Profile and Use of Creative Careers South Africa Jobs Listing Service

Last updated May 28, 2019

Terms of Use

Your Acceptance

BY USING AND/OR VISITING THISWEBSITE (collectively, including all Content available through theCREATIVECAREERS.CO.ZA domain name, the “Creative Careers Website”, or“Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the“Terms of Service”) AND THE TERMS AND CONDITIONS OF CREATIVE CAREERS’ PRIVACY NOTICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any ofthese terms, then please do not use or sign up to Creative Careers Jobs NoticeBoard.

These Terms of Service apply to all usersof Creative Careers Website, including users who are also contributors ofphotographs, video content, information, and other materials or services on theWebsite. Creative Careers Website may contain links to third party videos,photographs and material that are not owned or controlled by Creative Careers.Creative Careers has no control over, and assumes no responsibility for, thecontent, privacy policies, or practices of any third party contents orwebsites. In addition, Creative Careers will not and cannot censor or edit thecontent of any third-party site. By using the Website, you expressly relieveCreative Careers from any and all liability arising from your use of anythird-party website. Accordingly, we encourage you to be aware when you leaveCreative Careers Website and to read the terms and conditions and privacypolicy of each other website that you visit.

Creative Careers hereby grants youpermission to use the Website as set forth in this Terms of Service, providedthat: (i) your use of the Website as permitted is solely for commercialuse;(ii) you will not copy or distribute any part of the Website in any mediumwithout Creative Careers prior written authorization;(iii) you will not alter or modifyany part of the Website other than as may be reasonably necessary to use theWebsite for its intended purpose; and (iv) you will otherwise comply with theterms and conditions of these Terms of Service.

You agree not to use or launch anyautomated system, including without limitation, “robots,” “spiders,” “offlinereaders,” etc., that accesses the Website in a manner that sends more requestmessages to Creative Careers servers in a given period of time than a human canreasonably produce in the same period by using a conventional on-line webbrowser. Notwithstanding the foregoing, Creative Careers reserves the right torevoke these exceptions either generally or in specific cases. You agree not tocollect or harvest any personally identifiable information, including accountnames, from the Website, nor to use the communication systems provided by theWebsite for any commercial solicitation purposes. You agree not to solicit, forcommercial purposes, any users of the Website with respect to their UserSubmissions.

Intellectual Property Rights

The content on Creative Careers Website,except all User Submissions (as defined below), including without limitation,the text, software, scripts, graphics, photos, sounds, music, videos,interactive features and the like (“Content”) and the trademarks, service marksand logos contained therein (“Marks”), are owned by or licensed to CreativeCareers, subject to copyright and other intellectual property rights under SouthAfrica and foreign laws and international conventions. Content on the Websitesprovided to you AS IS for your information and personal use only and may not beused, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,licensed, or otherwise exploited for any other purposes whatsoever without theprior written consent of the respective owners. Creative Careers reserves allrights not expressly granted in and to the Website and the Content. You agreeto not engage in the use, copying, or distribution of any of the Content otherthan expressly permitted herein, including any use, copying, or distribution ofUser Submissions of third parties obtained through the Website for anycommercial purposes. If you download or print a copy of the Content forpersonal use, you must retain all copyright and other proprietary noticescontained therein. You agree not to circumvent, disable or otherwise interferewith security related features of Creative Careers Website orfeatures that prevent or restrict use or copying of any Content or enforcelimitations on use of the Creative Careers Website or the Content therein.

The Creative Careers Website may now or inthe future permit the submission of videos or other communications submitted bayouand other users (“User Submissions”) and the hosting, sharing, and/or publishingof such User Submissions. You understand that whether or not such UserSubmissions are published, Creative Careers does not guarantee anyconfidentiality with respect to any submissions. Creative Careers Website isavailable to those businesses who choose to use the uploading service. Thoseusers may choose to share uploaded content with their peers or clients. Inorder to view uploaded content the end user must first enter a user name andpassword. Creative Careers assumes no responsibility for the misuse of anuploaded file nor can guarantee the security of the files or folders a userpublishes.

You shall be solely responsible for yourown User Submissions and the consequences of posting or publishing them. Inconnection with User Submissions, you affirm, represent, and/or warrantthat:(i) you own or have the necessary licenses, rights, consents, and permissionsto use and authorize Creative Careers to use all patent, trademark, tradesecret, copyright or other proprietary rights in and to any and all UserSubmissions to enable inclusion and use of the User Submissions in the mannercontemplated by the Website and these Terms of Service; and (ii) you have thewritten consent, release, and/or permission of each and every identifiableindividual person in the User Submission to use the name or likeness of eachand every such identifiable individual person to enable inclusion and use ofthe User Submissions in the manner contemplated by the Website and these Termsof Service. For clarity, you retain all of your ownership rights in your UserSubmissions. You also hereby grant each user of Creative Careers Websiteanon-exclusive license to access your User Submissions through the password protectedWebsite, and to use, reproduce, distribute, prepare derivative works of,display and perform such User Submissions as permitted through thefunctionality of the Website and under these Terms of Service. The foregoinglicense granted by you terminates once you remove, request to remove or deleteUser Submission from Creative Careers Website.

You understand that when using the CreativeCareers Website, you will be exposed to User Submissions from a variety ofsources, and that Creative Careers is not responsible for the accuracy,usefulness, safety, or intellectual property rights of or relating to such UserSubmissions. You further understand and acknowledge that you may be exposed toUser Submissions that are inaccurate, offensive, indecent, or objectionable,and you agree to waive, and hereby do waive, any legal or equitable rights orremedies you have or may have against Creative Careers with respect thereto,and agree to indemnify and hold Creative Careers, its Owners/Operators,affiliates, and/or licensors, harmless to the fullest extent allowed by lawregarding all matters related to your use of the site.

It is not a requirement that you have a Candidateor Employer Profile on Creative Careers to be considered for commercial workand you may cancel it any time. Your Candidate or Employer Profile is free ofcharge. Your Candidate or Employer Profile will remain active for as long asyou choose and the information shared or uploaded will remain subject to theseTerms Of Use. Any dispute may be addressed in writing to Creative Careers SouthAfrica.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THECREATIVE CAREERS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENTPERMITTED BYLAW, CREATIVE CAREERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, ANDAGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THEWEBSITE AND YOUR USE THEREOF. CREATIVE CAREERS MAKES NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THECONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITYFOR ANY (I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURYOR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN,(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROMOUR WEBSITE, (IV)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORSOR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURREDAS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISEMADE AVAILABLE VIA THE CREATIVE CAREERS WEBSITE. CREATIVE CAREERS DOES NOTWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ORSERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CREATIVE CAREERS WEBSITEOR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, ANDCREATIVE CAREERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS ORSERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR INANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL CREATIVE CAREERS,ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANYDIRECT,INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTINGFROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURYOR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANDUSE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STOREDTHEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OURWEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,WHICH MAY BETRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR(V) ANY ERRORSOR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS ARESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,TRANSMITTED, OR OTHERWISEMADE AVAILABLE VIA CREATIVE CAREERS WEBSITE, WHETHER BASED ON WARRANTY,CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY ISADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OFLIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLEJURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THATCREATIVE CAREERS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY,OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM ORDAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by CreativeCareers from its facilities in South Africa. Creative Careers makes norepresentations that the Creative Careers Website is appropriate or availablefor use in other locations. Those who access or use Creative Careers Websitefrom other jurisdictions do so at their own volition and are responsible forcompliance with local law. Foreign creatives who reside in South Africa.Must have a Valid Work Permit. Nonresidents are not eligible.

Indemnity

You agree to defend, indemnify and holdharmless Creative Careers, its parent corporation, officers, directors,employees and agents, from and against any and all claims, damages, obligations,losses, liabilities, costs or debt, and expenses (including but not limited toattorney’s fees) arising from: (I) your use of and access to Creative CareersWebsite; (ii) your violation of any term of these Terms of Service;(iii) yourviolation of any third party right, including without limitation any copyright,property, or privacy right; or (iv) any claim that one of your User Submissionscaused damage to a third party. This defense and indemnification obligationwill survive these Terms of Service and your use of Creative Careers Website.

You affirm that you are either more thanyears of age, or an emancipated minor, or possess legal parental or guardianconsent, and are fully able and competent to enter into the terms, conditions,obligations, affirmations, representations, and warranties set forth in theseTerms of Service, and to abide by and comply with these Terms of Service.

Assignment

These Terms of Service, and any rights andlicenses granted here-under, may not be transferred or assigned by you, butmaybe assigned by Creative Careers without restriction.

General

You agree that: (I) Creative CareersWebsite shall be deemed solely based in South Africa; and (ii) Creative CareersWebsite shall be deemed a passive website that does not give rise to personaljurisdiction over Creative Careers, either specific or general, injurisdictions other than South Africa. These Terms of Service shall be governedby the internal laws of the South Africa, without respect to its conflict oflaws principles. Any claim or dispute between you and Creative Careers thatarises in whole or in part from Creative Careers Website shall be decidedexclusively by a court of competent jurisdiction located in South Africa. TheseTerms of Service, together with any other legal notices published by CreativeCareers on the Website, shall constitute the entire agreement between you and CreativeCareers concerning Creative Careers Website. If any provision of these Terms ofService is deemed invalid by a court of competent jurisdiction, the invalidityof such provision shall not affect the validity of the remaining provisions ofthese Terms of Service, which shall remain in full force and effect. No waiverof any term of this these Terms of Service shall be deemed a further orcontinuing waiver of such term or any other term, and Creative Careers failure toassert any right or provision under these Terms of Service shall not constitutea waiver of such right or provision. Creative Careers reserves the right toamend these Terms of Service at any time and without notice, and it is yourresponsibility to review these Terms of Service for any changes. Your use ofCreative Careers Website following any amendment of these Terms of Service willsignify your assent to and acceptance of its revised terms. YOU AND CREATIVECAREERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CREATIVECAREERS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTIONACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

AUTOMATIC RENEWAL: We (or our thirdparty payment processor) will begin billing your designated payment method on arecurring basis for your Membership Packages (plus any applicable taxes andother charges) for as long as your Membership continues.  AllMemberships renew automatically for monthly, 6 (six) months or 1 (one)year periods, depending on the type of membership purchased, until you cancel.

AUTOMATIC RENEWAL FOR TRIALPERIODS: Once your free trial ends, we (or our third party paymentprocessor) will begin billing your designated payment method on a recurringbasis for your Premium or Premium Plus Membership (plus any applicable taxesand other charges) for as long as your Membership continues, unless you cancelyour Membership prior to the end of your free trial.

CANCELLATION POLICY: You may cancel yourMembership at any time prior to the end of the trial period by emailing usat money@creativecareers.co.za. Please note that you may not receivea notice from us that your free trial has ended or that the paid portion ofyour subscription has begun. We reserve the right to modify or terminate freetrials at any time, without notice and in our sole discretion.

YOUR RIGHT TO CANCEL

(enter date of transaction)

You may cancel this contract and obtain a full refund, without any penalty or  obligation, if notice of cancellation is given, in writing, within 10 businessdays from the above date or the date on which you commence utilizing theservices under the contract, whichever is longer. For purposes of this section,business days are Monday through Friday. To cancel this contract, mail ordeliver or send by facsimile transmission a signed and dated copy of thefollowing cancellation notice or any other written notice of cancellation to CreativeCareers at money@creativecareers.co.za. NOT LATER THANMIDNIGHT OF (date). If the contract was executed in part or in whole throughthe Internet, you may cancel the contract by sending the notification tomoney@creativecareers.co.za 


CANCELLATION NOTICE

I hereby cancel this contract.

Dated:

Artist Signature.

If you cancel, all fees you have paid must be refunded to you within businessdays after delivery of the cancellation notice to the job board’s service.