Terms and Policies - Creative Careers South Africa

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 THIS WEBSITE (collectively, including all Content available through the CREATIVECAREERS.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 of these terms, then please do not use or sign up to Creative Careers Jobs Notice Board.

These Terms of Service apply to all users of Creative Careers Website, including users who are also contributors of photographs, video content, information, and other materials or services on the Website. 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, the content, privacy policies, or practices of any third party contents or websites. In addition, Creative Careers will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Creative Careers from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave Creative Careers Website and to read the terms and conditions and privacy policy of each other website that you visit.

Creative Careers hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for commercial use;(ii) you will not copy or distribute any part of the Website in any medium without Creative Careers prior written authorization;(iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to Creative Careers servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Creative Careers reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the-website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

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 marks and logos contained therein (“Marks”), are owned by or licensed to Creative Careers, subject to copyright and other intellectual property rights under South Africa and foreign laws and international conventions. Content on the Websites provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Creative Careers reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Creative Careers Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Creative Careers Website or the Content therein.

The Creative Careers Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Creative Careers does not guarantee any confidentiality with respect to any submissions. Creative Careers Website is available to those businesses who choose to use the uploading service. Those users may choose to share uploaded content with their peers or clients. In order to view uploaded content the end user must first enter a user name and password. Creative Careers assumes no responsibility for the misuse of an uploaded file nor can guarantee the security of the files or folders a user publishes.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Creative Careers to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. You also hereby grant each user of Creative Careers Website anon-exclusive license to access your User Submissions through the password protected Website, and to use, reproduce, distribute, prepare derivative works of,display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove, request to remove or delete User Submission from Creative Careers Website.

You understand that when using the Creative Careers Website, you will be exposed to User Submissions from a variety of sources, and that Creative Careers is not responsible for the accuracy,usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable,and you agree to waive, and hereby do waive, any legal or equitable rights or remedies 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 licencors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

It is not a requirement that you have a Candidate or Employer Profile on Creative Careers to be considered for commercial work and you may cancel it any time. Your Candidate or Employer Profile is free of charge. Your Candidate or Employer Profile will remain active for as long as you choose and the information shared or uploaded will remain subject to these Terms Of Use. Any dispute may be addressed in writing to Creative Careers South Africa.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE CREATIVE CAREERS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BYLAW, CREATIVE CAREERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CREATIVE CAREERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CREATIVE CAREERS WEBSITE. CREATIVE CAREERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CREATIVE CAREERS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CREATIVE CAREERS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL CREATIVE CAREERS,ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CREATIVE CAREERS WEBSITE, WHETHER BASED ON WARRANTY,CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CREATIVE 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 OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Creative Careers from its facilities in South Africa. Creative Careers makes no representations that the Creative Careers Website is appropriate or available for use in other locations. Those who access or use Creative Careers Website from other jurisdictions do so at their own volition and are responsible for compliance 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 hold harmless 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 to attorney's fees) arising from: (I) your use of and access to Creative Careers Website; (ii) your violation of any term of these Terms of Service;(iii) your violation of any third party right, including without limitation any copyright,property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Creative Careers Website.

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions,obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Assignment

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

General

You agree that: (I) Creative Careers Website shall be deemed solely based in South Africa; and (ii) Creative Careers Website shall be deemed a passive website that does not give rise to personal jurisdiction over Creative Careers, either specific or general, in jurisdictions other than South Africa. These Terms of Service shall be governed by the internal laws of the South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and Creative Careers that arises in whole or in part from Creative Careers Website shall be decided exclusively by a court of competent jurisdiction located in South Africa. These Terms of Service, together with any other legal notices published by Creative Careers on the Website, shall constitute the entire agreement between you and Creative Careers concerning Creative Careers Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Creative Careers failure to assert any right or provision under these Terms of Service shall not constitutes waiver of such right or provision. Creative Careers reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Creative Careers Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CREATIVE CAREERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CREATIVE CAREERS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

AUTOMATIC RENEWAL: We (or our third party payment processor) will begin billing your designated payment method on recurring basis for your Membership Packages (plus any applicable taxes and other charges) for as long as your Membership continues.  All Memberships 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 TRIAL PERIODS: Once your free trial ends, we (or our third party payment processor) will begin billing your designated payment method on a recurring basis for your Premium or Premium Plus Membership (plus any applicable taxes and other charges) for as long as your Membership continues, unless you cancel your 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 business days from the above date or the date on which you commence utilizing the services under the contract, whichever is longer. For purposes of this section,business days are Monday through Friday. To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to Creative Careers at money@creativecareers.co.za. NOT LATER THAN MIDNIGHT OF (date). If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to money@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.