Creative Federation Terms of Service
(Last Updated: August 28, 2008)
http://www.creativefed.com is managed and owned by Creative Federation.
Thank you for using Creative Federation’s website (the Website). This page states the terms and conditions on which the Website may be used (Terms). Please read these Terms carefully. By accessing the Website you agree to be bound by these Terms. If you do not accept these Terms, do not use the Website.
1. The services
1.1 Creative Federation provides the Website to enable people with original ideas to post those ideas online for others to view them, provide feedback and collaborate or participate with the creators of the ideas through processes available on the Website.
2. Users must register
2.1 To use the Website every person must register as a user (User). On registration every User is provided with a Password and agrees:
- to provide Creative Federation with current, complete and accurate information and to maintain and update this information as required to keep it current;
- to keep the User’s Password secure and confidential;
- that the User is responsible for all activities that occur through the use of that Password;
- that Creative Federation can rely on any use of that Password, including disclosure of information relating to the User’s registration and with Creative Federation;
- to notify Creative Federation immediately if the User believes that the Password is no longer secret, so that Creative Federation can cease relying on that Password; and
- not to disclose to any other person the User’s Password or any other information that may allow that other person to gain access to the User’s registration with Creative Federation.
3. User responsibilities
3.1 Every User is responsible for all material and information uploaded, published or displayed (posted) on the Website through the use of the User’s Password (User Content) and for any consequences thereof.
3.2 Every User acknowledges that use of the Website and any reliance on content posted by other Users will be at the User’s own risk.
3.3 Every User must only post User Content on the Website that is proper, honest, complete and accurate and complies with all relevant legislation.
3.4 Every User is responsible for creating backup copies of any User Content posted on the Website.
3.5 When using the Website a User must not:
- defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post any inappropriate, defamatory, untrue, offensive, malicious, infringing, obscene, indecent, threatening or unlawful content;
- post any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party;
- post any files that contain viruses, corrupted files, or other programs that may damage the operation of another's computer;
- impersonate any other person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a posted file;
- prevent any other person from using the Website;
- conduct or forward competitions, surveys or chain letters;
- hack into any part of the Website;
- send any unsolicited electronic messages (i.e. spam) or other advertisement or promotional material.; or
- commit or encourage a criminal offence.
3.6 Every User is solely responsible for all interactions with other Users and Creative Federation will not be liable for any loss or damage of any sort incurred as a result of such interactions.
3.7 Creative Federation reserves the right, but has no obligation, to monitor disputes between Users.
4. User Content and Creative Federation’s right to monitor
4.1 Creative Federation does not control or endorse and is not responsible for any User Content, and has no obligation to monitor User Content. However, Creative Federation may:
- review the Website and may delete or remove any User Content that in its sole discretion is in breach of these Terms;
- disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any User Content.
5. Proprietary Rights in Content and Confidentiality
5.1 All rights, including intellectual property rights, in User Content, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files are the property of the User who posted that User Content (the Owner). No User Content may be modified, copied, framed, reposted, transmitted, or sold in any form without the Owner’s prior written consent.
5.2 All rights, including intellectual property rights, in all other site content is the property of Creative Federation and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Creative Federation’s prior written consent.
5.3 Any User given access to an Owner’s User Content must treat that User Content as confidential and will enter into a non-disclosure agreement that relates specifically to the Owner’s User Content.
5.4 Where site content has been used to create material relating to a posted idea, the completed material will be the property of the User who created the material.
5.5 If a User provides any comments, suggestions, ideas, feedback or other information about the Website (Feedback) to Creative Federation, the User acknowledges that the Feedback will not be confidential, that it does not infringe the rights of any other person and that Creative Federation may use the Feedback in any manner.
6. Warranties and Limitation of liability
6.1 The Website is made available on an “as is” basis without any warranties of any kind, either express or implied. Creative Federation disclaims all warranties, including warranties of title, quality, accuracy, suitability, completeness, fitness for a particular purpose, freedom from viruses and non-infringement of third party rights. Creative Federation makes no warranties about the accuracy, completeness, reliability or timeliness of the Content and links presented on the Website.
6.2 Creative Federation does not warrant that the Website will operate without error or that the Website and its server are free of computer viruses or other harmful code. Creative Federation is not responsible for any costs associated with servicing or replacing equipment or data due to the User’s use of the Website. The Website contains content provided by third parties, and likewise Creative Federation will not be held responsible for any such User Content or third party content.
6.3 Every User agrees to indemnify Creative Federation against all liability, claims, losses, damages, injuries or expenses directly or indirectly arising from any breach of these Terms or any applicable law or regulation by the User.
6.4 Creative Federation will not be liable to the User for any special, consequential (even if a party has been informed of the possibility of such damages), incidental, indirect damages, losses, costs or expenses or any lost or imputed profits of any kind arising out of these Terms, however caused, and whether based in contract, tort (including negligence), regardless of whether such party has been advised of the possibility of such damages, losses, costs or expenses.
6.5 Except for liabilities resulting from Creative Federation’s wilful misconduct or recklessness, the liability of Creative Federation will not exceed the total amount of any money actually paid by a User. Creative Federation will not be liable to any User or any other person or entity for (i) any information provided to any person or entity by the User or any illegal, inappropriate act or act of misconduct by the User; (ii) system downtime of the Website; (iii) unauthorized access to User’s registration information ; or (iv) any claim attributable to errors, omissions or other inaccuracies on the Website.
7. Termination
7.1 Creative Federation may terminate the User’s access to the Website at any time for any reason without notice. Creative Federation reserves the right to cease operating the whole or any part of the Website at any time.
8. General
8.1 Creative Federation may allow third parties to provide applications and services through the Website (Third Party Services). While Creative Federation will take steps to restrict the conduct of such third parties to ensure that they comply with the Terms, Creative Federation does not guarantee that all third parties will abide by such restrictions.
8.2 Creative Federation may change, alter or modify these Terms. Any changes to these Terms will be posted on the Website and any use by the User of the Website after any such changes have been posted shall be deemed to indicate agreement to the modified Terms. If the User does not agree to the modified Terms, the User should cease use of the Website.
8.3 Nothing in these Terms will create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between Creative Federation and the User. Neither Creative Federation or the User will have the authority to act for, or to incur any obligation on behalf of, the other party, except as expressly provided for in these Terms.
8.4 These Terms are governed by and construed in accordance with the laws of New Zealand.