Terms and Conditions
The following terms and conditions are for use of the Creative Moment.com website (the Site) which is owned by Incite Publishing Limited. You may access the Site in several ways, including but not limited to the World Wide Web, PDA, mobile phone and RSS feeds. These terms and conditions apply whenever you access the Site, on whatever device.
By using the Site you are deemed to have accepted these conditions.
1. Permitted Use
Subject to what is said below, material from the Site may be downloaded, viewed, listened-to, printed, copied on the hard disk of your computer (but not photocopied) and used for: your own personal, non-commercial purposes; internal business purposes; or the non-commercial purpose of using the Site as a personal information resource in good faith ONLY. Single copies of pages from the Site may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. Any other type of use (and, in particular, any copying or distribution of material from the Site for any commercial or business purpose) requires the prior written agreement of Incite Publishing Limited.
1.2 You agree that you will not use the Site:
for the posting, uploading, emailing or other transmission of any material which infringes the rights of any person or which is unlawful in any other respect; in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person; which will compromise the privacy or data protection rights of any person; for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial exploitation; for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment; to create a database (electronic or otherwise) that includes material downloaded from the Site; to transmit or re-circulate any material obtained from the Site to any third party; or in any way that might bring Incite Publishing Limited or any of its related companies or employees into disrepute.
This Clause 2 shall apply where you register with Incite Publishing Limited for use of the Site.
2.1 You agree to provide true, accurate, current and complete information about yourself as requested by Incite Publishing Limited in the registration form ("the Registration Information"). You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You agree to keep the password for your access to Creative Moment.com confidential and agree not to permit anyone else to have access to it. Furthermore you agree to be fully responsible for all activities that occur under your password.
2.2 You agree to immediately notify Incite Publishing Limited of any unauthorised use of your password.
3. Removal of material and cancellation of access to the Site.
3.1 Incite Publishing Limited shall have the right to cancel your registration and/or refuse you access to the Site at any time and for any reason without giving you any advance notice and Incite Publishing Limited shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Incite Publishing Limited or its employees) arising from your inability to access any of the pages on the Site.
3.2 Incite Publishing Limited shall have the right at any time and for any reason to remove from the pages on the Site any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and Incite Publishing Limited shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Incite Publishing Limited or its employees) arising from the removal of such material.
3.3 Incite Publishing Limited will not view or edit or pre-screen any contribution that you or anyone else make to the interactive pages of the Site and therefore, unless Incite Publishing Limited is specifically notified of the nature of any item of content, you cannot assume that they are responsible for having made it available on the Site. Incite Publishing Limited shall have the right (but not the obligation) to refuse or remove any content that is posted to, or made available on, the forums or the website without the need to give any reasons for doing so.
3.4 If you object to the publication of any material placed on the Site please let Incite Publishing Limited know by calling +44 (0) 1962 774686 or by sending an appropriately worded email to firstname.lastname@example.org and they will take whatever action they deem appropriate.
4. Rights Clearances
The copyright, and other rights, in some of the material appearing on the Site may belong to a third party. It is your responsibility to obtain any licences or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by Incite Publishing Limited which arise as a result of your failure to obtain such licences and permissions.
5. Submitting Content
You may submit material for publication on parts of the Site, including blogs, forums and Ad of the day/week. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy. If you want to submit material to Incite Publishing Limited for publication on the Site, you may do so on the following terms and conditions:
5.1 Incite Publishing Limited may publish and make available to the public by any means any material that you submit, post, upload, email or otherwise transmit to it or to the Site at its sole discretion and it shall be entitled to make additions or deletions to any such material prior to publication.
5.2 You hereby grant Incite Publishing Limited a non-exclusive, royalty-free, perpetual and worldwide licence to republish any material you submit, post, upload, email or otherwise transmit to it or to the Site in any format, including without limitation print and electronic format.
5.3 You hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to Incite Publishing Limited or to the Site.
5.4 Publication of any material you submit to us will be at Incite Publishing Limited’s sole discretion. Incite Publishing Limited reserves the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.
5.5 You warrant to Incite Publishing Limited that any material you submit to the Site is your own original work and that you own the copyright and any other relevant rights.
5.6 You warrant that the material you submit and the language that you use is not obscene, abusive, hateful, offensive, defamatory of any person or otherwise illegal.
5.7 You agree not to post material which is deliberately intended to upset other users, to breach confidence, to compromise privacy or to process personal data in an unauthorised manner.
5.8 You agree not to post material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
5.9 You agree not to place any links on the Site where those links take users to unlawful material or material that contravenes these terms.
5.10 You agree that, except where expressly permitted by Incite Publishing Limited, you will not to place on the Site advertisements nor make commercial solicitations nor use the Site for any commercial purposes (which would include using the Site to promote or encourage the sale of your goods/services).
5.11 You acknowledge that any breach of these warranties may cause Incite Publishing Limited damage or loss and you agree to indemnify Incite Publishing Limited in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
5.12 Incite Publishing Limited reserves the right to remove your access to individual services completely if Incite Publishing Limited believes that you are abusing the services in any way.
6.1 While every effort has been taken to ensure the accuracy of the information provided by Incite Publishing Limited and its employees in these pages, the contents of the Site reflect the opinions of the writers, they do not necessarily reflect the views and opinions of Incite Publishing Limited or any of its brands, they are personal to the writer and are naturally subject to change from time to time. It is the responsibility of users to check the accuracy of relevant facts and take appropriate professional advice before entering into any commitment based upon them.
6.2 Incite Publishing Limited cannot guarantee that your use of the Site will be free from error and/or uninterrupted. Incite Publishing Limited, its directors, its employees and its representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of Incite Publishing Limited or its employees) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.
6.3 Some of the pages on the Site include material (including, but not limited to, advertisements) posted by third parties. This includes most of the material that is posted on the Jobs section of the Site which has been posted by third party employment agencies and businesses. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to Incite Publishing Limited and for ensuring that such content complies with all relevant legislation. Incite Publishing Limited accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.
6.4 On some of the pages of the Site users may be given the opportunity of entering into agreements with third parties. Incite Publishing Limited is not a party to those agreements, does not act as an agent for those third parties (who, in turn, do not act as agents for Incite Publishing Limited) and Incite Publishing Limited is not liable in relation to, and takes no responsibility for, any contract entered into by users with any third party.
7.1 Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Incite Publishing Limited is not responsible for the content of these Internet sites.
8.1 While effort has been taken to ensure that the pages of the Site are free from viruses, Incite Publishing Limited gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
8.2 Incite Publishing Limited excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of Incite Publishing Limited or its employees) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
(a) the pages on the Site or any other Internet sites; or
(b) any material downloaded from the Site or any other Internet sites.
9. Intellectual Property
The names, images and logos identifying Incite Publishing Limited or third parties and their products and services, are the proprietary marks of Incite Publishing Limited, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Incite Publishing Limited reserves all rights to enforce such rights that it might have.
These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
12.1 The Site has been created with UK users in mind and therefore its content may not be appropriate or lawful outside of the UK. Users from outside of the UK should therefore verify for themselves whether or not it is appropriate for them to access the Site.
12.2 The terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.
13. Incite Publishing Limited
Incite Publishing Limited is a company registered in England & Wales under number 6651580 whose registered office is at Oscar House, 86 St Cross Road, Winchester, S023 9PX and whose VAT Registration Number is 936100452.
Privacy and Data Protection
Incite Publishing Limited is committed to protecting and respecting your privacy.
Information we may collect from you
We may collect and process the following data about you:
• Information that you provide by filling in forms on the site. This includes information provided at the time of registration or at the time of posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by Incite Publishing Limited or when you report a problem with the site.
• If you contact us, we may keep a record of that correspondence.
• Incite Publishing Limited may also ask you to complete surveys that we use for research purposes although you do not have to respond to them.
• Details of your visits to the site and the resources that you access.
IP Addresses and Cookies
We may collect information about your computer including where available your IP address, operating system and browser type for system administration and to report aggregate information to our advertisers. These are data about our users' browsing actions and patterns and do not identify any individual.
For the same reason we may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. Cookies and the information contained in your IP address enable us:
· to estimate our audience size and usage pattern;
· to store information about your preferences and so allow us to customise the Site according to your individual interests;
· to speed up your searches;
· to recognise you when you return to the Site.
You may refuse to accept cookies by activating the setting on your browser, which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Site. If you want to find out more about how to disable cookies please see this external third party website:
The cookies used on the Creative Moment site are as follows:
Risks Involved in Transmitting Personal Data Over the Internet
Unfortunately, the transmission of information via the Internet is not completely secure. So, while Incite Publishing Limited will do its best to protect your personal data, we cannot ensure the security of data transmitted by you to the Site. Any transmission is at your own risk. Once we have received your information we will use security procedures and features to prevent unauthorised access to it.
Uses made of the information
We may use information held about you in the following ways:
· to ensure that the Site's content is presented in the most effective manner for you and for your computer;
· to provide you with information, products or services that you request from us or which we feel may interest you;
· to allow you to participate in interactive features of our service where you choose to do so;
· to notify you about changes to our service.
We may disclose your personal information to any member of our group which means our subsidiaries, our ultimate holding company and its subsidiaries as defined in section 736 of the Company Act 1985.
· We will not sell your personal information to third party advertisers
· if substantially all of Incite Publishing Limited 's assets are acquired by a third party, in which case personal data held by us about our customers will be transferred to such third party;
· if we are required to disclose or share your personal data in order to comply with any legal obligation or in order to enforce or apply our Terms and Conditions or any other agreement; or protect the rights, property, or safety of Incite Publishing Limited, our customers, or others. This includes exchanging information with other companies and organisations for protection against credit risk and fraud.
You have the right to request us not to disclose any of your personal data or information or to pass information to third parties. We will usually inform you before collecting your data, if we intend to disclose your information to any third party and you can exercise that right by checking certain boxes on the forms we use to collect your data. You can also notify us by contacting us at bensmith@Creative Moment.com
Access to information
Creative Moment.com aims to provide advertising, marketing, media and PR information that is accessible to all user groups. The following features aim to enhance navigation for screen reader users, keyboard navigation and users of text-only browsers.
1.1 If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')) it is your responsibility to ensure that any Job Advertisements you place on the Site comply with your obligations under the Act and Conduct of Employment Agencies and Employment Businesses Regulations 2003. You agree to comply with the Act and these Regulations as they affect the conduct of Your business and the Job Advertisements that You place on the Site.
1.2 Incite Publishing Limited has rules regarding the content and format of Job Advertisements whose purpose is to ensure that users who search the Site jobs database get results which are presented as clearly and informatively as possible. You agree that Incite Publishing Limited may, at its discretion and without liability to You, remove from the Site any Job Advertisement which is posted in breach of these rules. The rules may change from time to time and You are advised to refer to them regularly.
The rules are:
1. No duplicating of jobs at the expense of other clients' jobs.
2. No gratuitous use of keywords in job descriptions or job titles. Gratuitous means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
3. Job Advertisements placed must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment.
4. URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link.
1.3 Job Advertisements which appear to discriminate on grounds of age, sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. If Incite Publishing Limited believes that a Job Advertisement may be discriminatory it may at its discretion either amend the advertisement or remove it from the Site without liability to You to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
1.4 You agree to deal fairly and professionally with individuals who may respond to Job Advertisement that You have posted and Incite Publishing Limited does not guarantee any response to your Advertisements or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
1.5 Job Advertisements that You post may also appear on third party recruitment websites pursuant to agreements from time to time between Incite Publishing Limited and the proprietors of such websites.
Content of All Advertisements
2.1 All Advertisements must comply with the following terms and conditions:
1. You warrant to Incite Publishing Limited that any Advertisement is your own original work and that you own the copyright and any other relevant rights;
2. You warrant that any Advertisement that you submit and the language that you use in it is not obscene, abusive, hateful, obscene, offensive, defamatory of any person or otherwise illegal or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
3. You agree not to post any Advertisement which is deliberately intended to upset other users, to breach confidence, to compromise privacy or to process personal data in an unauthorised manner;
4. You agree not to post any Advertisement which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
5. You agree not to place within any Advertisement any links where those links take users to unlawful material or material that contravenes these terms;
6. You agree not to post any Advertisement which contravenes the relevant codes of conduct imposed by the Advertising Standards Authority;
7. You agree not to post, upload or otherwise transmit any Advertisement which:
a. infringes the rights of any person or which is unlawful in any other respect;
b. will compromise the privacy or data protection rights of any person; or
c. may bring Incite Publishing Limited into disrepute.
8. You agree not to use the Service for:
a. the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", affiliate schemes, or any other so called business opportunity or any other form of solicitation or commercial exploitation;
b. for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment.
2.2 You acknowledge that any breach of the terms/warranties given above may cause Incite Publishing Limited damage or loss and You agree to indemnify Incite Publishing Limited in full and permanently against any third party liabilities, claims, costs, loss or damage that it incurs as a result of publishing material that You submit to it, including consequential losses.
2.3 Incite Publishing Limited may publish and make available to the public by any means any Advertisement that you submit, post, upload, email or otherwise transmit to it at its sole discretion and it shall be entitled to make additions or deletions to any such material prior to publication.
2.4 If your Advertisement links to another website via our external apply online option or otherwise, You are responsible for maintaining the links and for the content of Your Advertisement and the linked website. Incite Publishing Limited may remove from the Site any Advertisement which contains content or links to a website which, in Incite Publishing Limited’s opinion, is defamatory, illegal or objectionable or will bring Incite Publishing Limited into disrepute. You will indemnify Incite Publishing Limited from and against any claims or liability arising from the content of websites that are linked to from Your Advertisement.
2.5 Incite Publishing Limited reserves the right to remove your Advertisements completely if Incite Publishing Limited believes that you are abusing the Service in any way.