Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Services, including our websites, email notifications, applications, buttons, and widgets, (the "Services" or “Creativepool”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to your account settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms.
Top Tip: What you say on Creativepool may be viewed all around the world instantly.
You may use the Services only if you can form a binding contract with Creativepool and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Creativepool provides are always evolving and the form and nature of the Services that Creativepool provides may change from time to time without prior notice to you. In addition, Creativepool may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Creativepool on the Services are subject to change. In consideration for Creativepool granting you access to and use of the Services, you agree that Creativepool and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Top Tip: You can opt-out of most communications from Creativepool including our newsletter, hot jobs and new follower emails, etc. Please see your Settings tab for more.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, and numbers) with your account. Creativepool cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Creativepool be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Top Tip: This license is you authorising us to make your Posts available to the rest of the world and to let others do the same.
You agree that this license includes the right for Creativepool to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Creativepool for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Creativepool, or other companies, organizations or individuals who partner with Creativepool, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Creativepool will not be responsible or liable for any use of your Content by Creativepool in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License to Use the Services
Creativepool gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Creativepool as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Creativepool, in the manner permitted by these Terms.
7. Creativepool Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Creativepool and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing in the Terms gives you a right to use the Creativepool name or any of the Creativepool trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Creativepool, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Creativepool, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Creativepool’s computer systems, or the technical delivery systems of Creativepool’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Creativepool (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Creativepool (NOTE: Crawling the Services is permissible, however scraping the Services without the prior consent of Creativepool is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
Creativepool respects the intellectual property (IP) rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Creativepool will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
28 – 29 Great Sutton Street
London, EC1V 0DS
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Creativepool as follows.
You may end your legal agreement with Creativepool at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Creativepool when you stop using the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable or; (iv) you or your organiation acts in such a way that your affiliation with our Service could jeopardise our commercial appeal. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Creativepool’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Creativepool and its affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Creativepool Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS": Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CREATIVEPOOL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Creativepool Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Creativepool Entities or through the Services, will create any warranty not expressly made herein.
B. Links: The Services may contain links to third-party websites or resources. You acknowledge and agree that the Creativepool Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Creativepool Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CREATIVEPOOL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CREATIVEPOOL ENTITIES EXCEED THE GREATER OF ONE GB POUND (GBP £1.00) OR THE AMOUNT YOU PAID CREATIVEPOOL, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT THE CREATIVEPOOL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms:
A. Waiver and Severability: The failure of Creativepool to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction: These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United Kingdom, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a central, district, county or local government entity in the United Kingdom using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such central UK government entities, these Terms and any action related thereto will be governed by the laws of the United Kingdom.
We may revise these Terms from time to time; the most current version will always be at www.creativepool.com/about/terms. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Creativepool Limited, 28-29 Great Sutton Street, London, EC1V 0DS. If you have any questions about these Terms, please contact us.
Our service allows you to discover and share content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor user’s content and will not censor user content, except in limited circumstances described below.
Content Boundaries and Use of Creativepool
In order to provide the Creativepool service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with Creativepool. These limitations comply with legal requirements and make Creativepool a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
• Impersonation: You may not impersonate others through the Creativepool service in a manner that does or is intended to mislead, confuse, or deceive others.
• Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
• Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or National Identity / Social Security numbers, without their express authorisation and permission.
• Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
<strong• Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
Spam and Abuse
Creativepool strives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated on Creativepool.com and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.
• Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the Creativepool Rules is cause for permanent suspension of all accounts.
• Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
o the number of accounts created;
o creating accounts for the purpose of preventing others from using those account names;
o creating accounts for the purpose of selling those accounts;
o using feeds of third-party content to update and maintain accounts under the names of those third parties;
• Invitation spam: You may not use Creativepool.com's address book contact import to send repeat, mass invitations.
• Selling user names: You may not buy or sell Creativepool usernames.
• Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
• Pornography: You may not use obscene or pornographic images in your profile photo, header photo, or user background.
• Spam: You may not use the Creativepool service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
o If you have followed a large amount of users in a short amount of time;
o If you have followed and unfollowed people in a short time period, particularly by automated means (aggressive follower churn);
o If you repeatedly follow and unfollow people, whether to build followers or to garner more attention for your profile;
o If you have a small number of followers compared to the amount of people you are following;
o If your updates consist mainly of links, and not personal updates;
o If you post misleading links;
o If you post links of any kind in feedback or comment fields;
o The number of spam complaints that have been filed against you;
o If you post duplicate content over multiple accounts or multiple duplicate updates on one account;
o If you repeatedly post other users' Posts as your own;
o Creating or purchasing multiple accounts in order to gain followers;
o If you create false or misleading Points of Interest;
o If you create Points of Interest to name squat or spam.
Your account may be suspended for Terms of Service violations if any of the above is true. Accounts created to replace suspended accounts will be permanently suspended.
Creativepool reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.
Creativepool instantly connects people through the work they create, upload and share. Any registered user can upload a project that is public by default and can include other content like photos, videos, and links to other websites.
Top Tip: What you say on Creativepool may be viewed all around the world instantly.
Information Collection and Use
Top Tip: We collect and use your information below to provide our Services and to measure and improve them over time.
Information Collected Upon Registration: When you create or update a Creativepool account, you provide some personal information, such as your name, username, password, and email address. Some of this information, for example, your name and username, is listed publicly on our Services, including on your profile page and in search results. Some Services, such as search, public user profiles and online magazine, do not require registration.
CVs: If you upload your CV to the Service any registered employer with CV search privileges will have access to your CV and the information therein. You have control over how much of your personal contact information is available for viewing. A valid email address is the minimum contact information you must display. We use our best efforts to grant access to this database only to hiring employers. You may remove your CV from our searchable database at any time. However, recruiters who have paid for access to the database may have retained a copy of your CV in their own files or databases and may contact you independently. We are not responsible for the retention, use, or privacy of CV’s in these instances.
Reviews: You can submit reviews and comments against work and projects that other users upload to the Service. Reviews are public and become the property of Creativepool. As such we reserve the right to use this information as we see fit, including for marketing and promotion of the Service. Reviews containing web links, spam, offensive language, threats or profanity will be removed. Accounts used to post web links, spam, offensive language, threats or profanity will be permanently suspended.
Additional Information: You may provide us with profile information to make public, such as a short biography, your location, your website, or a picture. You may provide information to customise your account, such as a mobile phone number for the delivery of SMS messages. We may use your contact information to send you information about our Services or to market to you. You may use your account settings to unsubscribe from notifications from Creativepool. You may also unsubscribe by following the instructions contained within the notification or the instructions on our website. We may use your contact information to help others find your Creativepool account, including through third-party services and client applications. Your account settings control how others can find and contact you. You may choose to upload your address book so that we can help you find Creativepool users you know. We may later suggest people to follow on Creativepool based on your imported address book contacts. If you email us, we may keep your message, email address and contact information to respond to your request. If you connect your Creativepool account to your account on another service in order to cross-post between Creativepool and that service, the other service may send us your registration or profile information on that service and other information that you authorise. This information enables cross-posting, helps us improve the Services, and is deleted from Creativepool within a few weeks of your disconnecting from Creativepool your account on the other service.
Posts, Following, Lists and other Public Information:Our Services are primarily designed to help you share your creative work with the world. Most of the information you provide us is information you are asking us to make public. This includes not only the comments, feedback, press releases, news and articles you post, and the metadata provided with Posts, such as when you Posted, but also projects you create, the people you follow, the Posts you mark as favourites or add to your Pools, and many other bits of information that result from your use of the Service. Our default is almost always to make the information you provide public for as long as you do not delete it from Creativepool, but we generally give you settings to make the information more private if you want. Your public information is broadly and instantly disseminated. For instance, your public user profile information and public Posts may be searchable by search engines and are immediately delivered via email and our APIs to a wide range of users and services, with one example being the United States Library of Congress, which archives Posts for historical purposes. When you share information or content like photos, videos, and links via the Service, you should think carefully about what you are making public.
Links: Creativepool may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Cookies: Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as searching and looking at public user profiles or lists. A cookie is a small data file that is transferred to your computer's hard disk. Creativepool may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customise and improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies.
Log Data: Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your Creativepool account to authenticate to a third-party website or application, or visit a third-party website that includes a Creativepool button or widget. Creativepool uses Log Data to provide our Services and to measure, customise, and improve them. If not already done earlier, for example, as provided below for Widget Data, we will either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months.
Third-Party Service Providers: Creativepool uses a variety of third-party services to help provide our Services, such as hosting our various blogs and wikis, and to help us understand the use of our Services, such as Google Analytics. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address.
Information Sharing and Disclosure
Top Tip: We do not disclose your private personal information except in the limited circumstances described here.
Your Consent: We may share or disclose your information at your direction, such as when you authorise a third-party web client or application to access your Creativepool account.
Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public Posts, the people you follow or that follow you, or the number of users who clicked on a particular link (even if only one did).
Modifying Your Personal Information
If you are a registered user of our Services, we provide you with tools and account settings to access or modify the personal information you provided to us and associated with your account.
You can also permanently delete your Creativepool account. When your account is deactivated, it is not viewable on Creativepool.com. For up to 30 days after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated. After 30 days, we begin the process of deleting your account from our systems, which can take up to a week.
Our Child Policy
Our Services are not directed to persons under 18. If you become aware that your child has provided us with personal information without your consent, please contact us at email@example.com. We do not knowingly collect personal information from children under 18. If we become aware that a child under 16 has provided us with personal information, we take steps to remove such information and terminate the child's account.
EU Safe Harbour Framework
Creativepool complies with the EEA Data Protection Act Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the EEA Data Protection Act, please visit the Information Commissioner’s Office website.
Changes to this Policy
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON CREATIVEPOOL, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR CREATIVEPOOL AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. CREATIVEPOOL DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY CREATIVEPOOL OR ANYTHING RELATED TO CREATIVEPOOL, YOU MAY CLOSE YOUR CREATIVEPOOL ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 10. ("ENDING THESE TERMS") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
CREATIVEPOOL IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH CREATIVEPOOL TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
CREATIVEPOOL DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CREATIVEPOOL DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
CREATIVEPOOL DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CREATIVEPOOL DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CREATIVEPOOL DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE CREATIVEPOOL SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.