IMPORTANT NOTICE
CREATIVEHUB, LLC
CREATIVEHUB.COM
TERMS OF SERVICE
USE OF CREATIVEHUB.COM WEB SITE (THE “SITE”) IS SUBJECT TO THE FOLLOWING TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY POSTED BY CREATIVEHUB (COLLECTIVELY, THIS DOCUMENT AND THE PRIVACY POLICY ARE THE “TERMS”).
CLICKING THE “ACCEPT” BUTTON BELOW OR OTHERWISE USING THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT EXPRESSLY ACCEPT THESE TERMS BY CLICKING THE “ACCEPT” BUTTON, YOU ARE NOT AUTHORIZED TO USE THE SITE AND YOU WILL NOT BE PROVIDED ACCESS TO THE SECURE AREAS OF THE SITE.
CREATIVEHUB, LLC (“CREATIVEHUB”) MAY REVISE THESE TERMS, INCLUDING THE PRIVACY POLICY, AT ANY TIME WITH OR WITHOUT NOTICE BY POSTING THE REVISED TERMS ON THE SITE, OR BY SENDING THE REVISED TERMS TO YOU. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND THE PROVISIONS OF ANY APPLICABLE WRITTEN AGREEMENT BETWEEN YOU AND CREATIVEHUB, LLC, THE TERMS OF THE WRITTEN AGREEMENT SHALL CONTROL.
CreativeHub.com also acts as a venue where Advertisers and/or Members may post job or other project opportunities (collectively, the “Opportunities”) to the Site and where Members may post resumes, and search and respond directly to such Opportunities. CreativeHub acts as a passive conduit for the online distribution and publication of the Ad Contests and the Opportunities and is not an employer. CreativeHub is not responsible for any employment or other decisions made by any person or entity posting Opportunities to the Site nor is it responsible for the truthfulness or accuracy of Member’s resumes or Profiles (defined below).
The Site may also include a system alert and notice service. Requests to unsubscribe from a system alert and notice service will be honored when a Member’s subscription has been terminated.
The term “You” or “User” as used herein refers to Members and any other person or entity accessing CreativeHub.com for any reason. Members are responsible for obtaining access to the Site and that access may involve third-party fees (such as ISP charges). In addition, Members must provide and are responsible for all equipment necessary to access the Site.
During registration, You will be asked to provide certain personal information, including a valid email address, and create an individual profile (“Profile”). You are required to provide accurate, complete and current information about yourself in all required fields. Should any such information change after submitting it to the Site, You are required to update that information as soon as possible. Should CreativeHub suspect that your personal information is not complete, current or accurate, your account may be subject to suspension or termination at CreativeHub’s sole discretion. Information You submit will be used in accordance with CreativeHub’s Privacy Policy [insert link].
You are responsible for maintaining the confidentiality of your password and your other confidential information. You agree: (a) not to provide your password to any third party; (b) not to allow any third party to access your account, other than as provided for herein; (c) to immediately notify us of any unauthorized use of your account or any other breach of security; and (d) that You will establish and maintain only one CreativeHub account or Profile for each individual at a time.
You represent and warrant that You will not use the Site to:
You shall not disclose, directly or indirectly, to any third party any portion of any confidential information provided to you by CreativeHub (“Confidential Information”), including without limitation the confidential information posted by other Members of the Site or the Sites, without the prior written consent of CreativeHub. You shall not use or exploit such Confidential Information in any way except as permitted in writing by CreativeHub. You shall promptly return or destroy all materials containing such Confidential Information upon request of CreativeHub and shall take all necessary precautions to protect the confidentiality of such Confidential Information and exercise at least the same degree of care in safeguarding such Confidential Information as You would with your own confidential information, but in no event less than a reasonable standard of care. For purposes of this Section D, Confidential Information shall not include any information that is in the public domain prior to its disclosure to You by CreativeHub, or that enters the public domain through no breach by You of any implied or express confidentiality agreement or provisions, nor any breach of any fiduciary duties.
CreativeHub respects the privacy of all information that Members provide to CreativeHub and shall use such information solely for the operations of CreativeHub. Specific policies regarding the use of such information are set forth in the CreativeHub Privacy Policy.
Attention: Copyright Agent CreativeHub, LLC 1530 Locust Street, Suite #9b Philadelphia, PA 19102 Phone: 215-746-6512 Fax: 215-746-6503 Email address: webmaster@creativehub.com
CreativeHub.com also provides a venue for Members to network for personal and professional purposes and CreativeHub does not screen or censor Profiles or Member content on the Site. CreativeHub is not involved in the actual communications among Members. As a result, CreativeHub has no control over the accuracy, reliability, completeness, or timeliness of the information or Member content submitted on the Site and makes no representations about any information or Member content on the Site.
In addition, there are risks, including but not limited to, the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Members with whom you come in contact through CreativeHub.com. By its very nature, other people’s information may be offensive, harmful, or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using CreativeHub.com.
Because authentication on the Internet is difficult, CreativeHub cannot and does not confirm that each Member is who they claim to be. Because we do not and cannot be involved in Member-to-Member dealings or control the behavior of Members on the Site, in the event that You have a dispute with one or more Members, You release CreativeHub (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The Site may contain inaccuracies or typographical errors. CreativeHub makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or any content, including without limitation any CreativeHub content, Member content, Advertiser content, or other materials. The use of the Site is at your own risk. Changes are periodically made to the Site and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by you on the Site. Members, Advertisers and Companies are solely responsible for their postings on the Site. CreativeHub is not to be considered an employer with respect to your use of the Site and CreativeHub shall not be responsible for any hiring decisions, for whatever reason, made by any individual or entity posting Opportunities on the Site.
CreativeHub cannot guarantee and does not promise any specific results from use of CreativeHub.com. No advice or information, whether oral or written, obtained by a Member or User from CreativeHub or through or from CreativeHub.com shall create any warranty not expressly stated herein.
CreativeHub makes no claims that the Site or its content may be lawfully viewed or accessed outside of the United States. Access to the Site or its content may not be legal by certain persons or in certain countries. If You access the Site from outside of the United States, You do so at your own risk and are responsible for the compliance with the laws of your jurisdiction.
You shall defend, indemnify and hold harmless CreativeHub, its affiliates, and their respective officers, directors, employees and agents from and against all losses, claims, suits and expenses of any kind and description, including, without limitation, losses, claims, suits and expenses arising out of or in connection with property damage, or bodily injuries or death sustained by any person or persons whatsoever, which may result from or arise in connection with (i) your use of the Site or (ii) your breach of the Terms of this agreement. CreativeHub will provide notice to You of any such claim, suit or proceeding.
In the event of a dispute between You and CreativeHub, such dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules and auspices of the American Arbitration Association by one arbitrator in Philadelphia, Pennsylvania. The foregoing shall not prevent either party from seeking preliminary injunctive relief in a court of competent jurisdiction. Any decision of the arbitrator shall be final and binding on the parties, and enforceable in any court of competent jurisdiction.
These Terms shall be governed for all purposes by the laws of the Commonwealth of Pennsylvania, excluding choice of law provisions. Subject to the provisions of the foregoing Section K, any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms may be brought against You or CreativeHub in the Federal or State Courts in and for Philadelphia, Pennsylvania. You and CreativeHub each consent to the exclusive jurisdiction and exclusive venue of such courts in any such action or proceeding and waive any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on either party to these Terms anywhere in the world.
CreativeHub may amend these Terms at any time by posting the amended terms on www.CreativeHub.com or by providing You with a copy of the amended terms by email or otherwise. All amended terms shall automatically be effective once they are posted on www.CreativeHub.com and shall apply to your activities regarding the Site beginning on the date of such posting. Failure to comply with the current version of the Terms may result in account suspension or revocation.
If any provision of these Terms is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms shall not be affected. Your rights and obligations under these Terms may not be assigned, in whole or in part, without prior written consent of CreativeHub and such other restrictions as set forth herein. No waiver by either party of any rights under these Terms will be effective unless such waiver is in a writing signed by the party against whom enforcement is sought. Any notices relating to these Terms should be sent via receipted delivery to CreativeHub, LLC, [1530 Locust Street, Suite 9b. Philadelphia, PA 19102].