Terms and Conditions

Creative Archive is an online service for the creative community. Users can create their own profile pages displaying their creations in picture, text , audio or visual format. Throughout this Terms and Conditions document Creative Archive will be referred to as ‘we’. The services include the website itself as well as any message boards, forums or other applications that Creative Archive Services may offer. Creative Archive is hosted in the United Kingdom.

Users of Creative Archive are legally bound to these Terms and Conditions. The term user refers to either a browsing visitor to the site or a subscribed member. Use of this website is only permitted by agreeing to these Terms and Conditions. Users should not use this website of they do not agree with the terms set out in this agreement. By registering with this website you will indicate acceptance by agreeing to comply with the Terms and Conditions during the subscription process. Browsing visitors should read the agreement by clicking on Terms and Conditions accessed from the homepage of the site.

This agreement holds the terms which state the website’s policy to do with what is acceptable with regards content on the site, what is permitted, what is restricted and how users should conduct themselves while using this site. Any new software required to be downloaded will fall under the terms of this agreement unless stated otherwise. This policy may be changed over time, any such changes will be stated on the homepage of the site and will remain there for one month. Any user who does not agree should immediately their registration to Creative Archive. Users should regularly check the terms of use in order to keep up to date with any changes made.

Information displayed by members of this site should be selected carefully. Users home address or contact number should not be displayed unless they are willing to be contacted by anyone who may use this website. Any obscene, lewd or excessively explicit content is not permitted. As this is a creative / art based website some users may find some of the content offensive. Anything that users find offensive or inappropriate should be reported to info@creativearchiveonline.co.uk, if they want they can also immediately cancel registration to the site and should not browse the site again if offended by its contents. Some art may contain nudity such as life drawing, photography or illustrations. Users will be made aware of this on the homepage. In retrospect Creative Archive assumes no responsibility or liability for this material or the viewing of it. Users who believe someone has misused the site or breached the Terms and Conditions should contact info@creativearchiveonline.co.uk.

Creative Archive retain the right to cancel, temporarily suspend user’s profiles or remove any
content which the site deems inappropriate, at any time.

A. All registered information must be accurate and maintained in this manner. This website does not impose any age restrictions. However in order to contact any person under the age of 16, the user will be asked to comply with various security procedures. While we go to substantial lengths to ensure safety and security we cannot accept liability for any breaches in these areas.

B. Users must comply with this agreement for as long as they use this site and/or are secured members. The user has the right to cancel their membership at any time. The procedure for doing this can be found by following the terms laid out on the website. We retain the right to cancel membership for any reason.

C. We retain the right to alter any membership fees at any time. Any changes will be stated on the homepage for one month. It will then be the choice of the user as to whether or not they want to continue as a member of this site. Once paid for there will be no refunds given on any membership fees or any money paid to Creative Archive services.

D. Any passwords used on the site must be carefully selected and we should differ from the user name or the name of the member for security purposes. Users should not give out passwords at anytime. If you think there has been unauthorised access to your profile page please contact Creative Archive straight away and immediately change your password. We cannot accept any liability for unauthorised access of user’s accounts. Users alone are responsible for their own personal account.

E. Creative Archive must not be used in affiliation with any companies or commercial projects without specific consent from Creative Archive. Unauthorised use of the site or name will result in legal action.

F. Creative Archive hold no ownership or copyright over photographs, text, sound, video, music / songs, lyrics, files or any other content uploaded by users to their profile pages. Users should take the relevant steps to copyright their own work. Copyright will be retained by the original artist/owner if for example cover
versions of songs are performed by musicians. Videos uploaded to the site and posted for example through www.youtube.com will use and must comply with the terms and conditions set out by www.youtube.com. Users agree to pay for any fees encountered by infringement of copyright from content posted on their profile. If you believe copywritten work of yours has been infringed please contact info@www.creativearchiveonline.co.uk with evidence to substantiate your claim. Creative Archive is protected by copyright, trademark, patent and other laws. Users may not use the name without consent first from Creative Archive.

G. Creative Archive accept no responsibility or liability for the content posted on the site. We may remove content deemed inappropriate, offensive or excessively explicit, however we accept no responsibility to monitor or remove such images. Users alone are responsible for the content they post on the site.

H. Below is a list of some of what is deemed unacceptable:

You:

• Will not post content of an illegal nature under U.K law.
• Will not post content promoting/endorsing harassment, racism or bigotry.
• Will not post content known to be inaccurate, misleading or false.
• Will not post copy of others person’s copyrighted creation.
• Will not post information of a commercial nature, including competitions etc without the consent of Creative Archive.
• Will not be involved in the transmission of junk/spam email.
• Will not use the service to harm/exploit minors.
• Will not use the service to promote excessive violence/hardcore pornography anything deemed excessively explicit by this site or anything causing offense to others.
• Will not post content to advertise websites or products which are competition to Creative Archive.
• Will not use the service to invade other’s privacy or collect others private/personal information.
• Will not use the service to create profiles of anyone other than yourself. Impersonation of others is not permitted.
• Will not use the service for fraudulent activity, gambling, drug dealing, stalking, child pornography, or anything of an illegal nature under UK law.
• Will not block any advertising Creative Archive have on the website.
• Will not accept money from third parties for advertising on user’s profile pages.

You are liable to pay compensation to Creative Archive for any breach of the terms and conditions. Users will be liable for a fee of at least £30 in damages, dependant on circumstance fees may be higher.

I. Creative Archive is governed by the site’s privacy policy, also displayed on the website.

J. Users are responsible for all interaction with others through the site. We are not liable for any harm, loss or problems encountered as a result of using this site.

K. We are not responsible for any problems caused by this site being on the internet
such as traffic or system breakdown, viruses etc.

Disclaimer – see Privacy Policy. We accept no responsibility or liability for any content on this site, behaviour of users on or offline or any problems encountered when using the site or third party sites accessed through Creative Archive.

L. Warranty : there is no warranty with this site that it will comply with your requirements, that the site will be secure, timely, free from interruptions and guarantees no particular result.

M. Any disputes regarding Creative Archive will be governed by Scottish Law (Scotland, United Kingdom).

N. By accepting this agreement you agree to aquit and indemnify Creative Archive and all those associated with the site from any liability, responsibility or loss including lawyers fees, compensation etc made by any third party.

O. This agreement operates in as legally binding a way as lawfully possible. Any error in a specific section will disqualify that section only but not the others in this Terms and Conditions, it will not become void.

P. As users of this site have the option of paying an annual fee in return for having a membership offering more in the way of incentives, the user will be required to input the bank account information. We go to significant lengths to ensure this information is kept safe and secure however Creative Archive can not be held accountable and therefore not liable for any security breach, system failure or error in dealing with this information which might lead to it becoming insecure.

Q. Creative Archive holds various information about users, and from time to time deals with ad partners when running competitions or contests. Such activities may require additional information such as an address or contact number, it is the users choice whether or not to participate in such activities and by agreeing to these Terms and Conditions you agree to information held on yourself to be transferred as far as law permits, to any ad partners if deemed necessary by Creative Archive. We are not liable for the result or transfer of any information. We can not be held accountable for information held on users. System error, unauthorised access to the site, result of information transferred to ad partners and error may result in the information held on users becoming insecure. By accepting this agreement you acknowledge Creative Archive is not responsible or liable for the information held and the result of it possible becoming insecure.