Terms & Conditions

Welcome to The Creative Book, a portfolio site that aims to showcase and connect the very best (aspiring and established) models, photographers, stylists and directors talent across the world. The Creative Book and thecreativebook.com is owned and operated by The Creative Book. Please read the terms and conditions set out below carefully before becoming a member and/or using our Services. By registering to become a member, receiving our Services from this Website or otherwise using this Website you agree to be bound by these terms and conditions (“Terms and Conditions”).

1.    Definitions
“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, Listing Guidelines and any payment instructions provided to you;

“Content” is a reference to any material including but not limited to photographs, information, data, software, videos, text, music, sound, graphics, messages posted by you or other users on our Website;

“Listing Guidelines” is a reference to the guidelines issued from time to time to users as displayed on the Website and in these Terms and Conditions;

“Service(s)” is a reference to the services provided by us to you through the Website;

“you”, “your” and “yours” are references to you the person accessing this Website and receiving Services from this Website;

“user” is a reference to another person who uses the Service or visits the Website;

“we”, “us” and “our” are references to The Creative Book of 12 Ingleby Avenue, Derby DE23 8DJ;

“Website” is a reference to this website, www.thecreativebook.com, on which we offer our Services;

2.    Services
2.1  We offer a range of free and subscription based services on our Website to registered members. The exact Services are more particularly described on other pages of our Website. Our Services may be viewed by users who are not registered with us.

2.2  The Creative Book is not a talent or recruitment agency and we do not act as managers or agents in respect of any of our members. We do not receive any commission or other fees or payments for any jobs or placements offered to members by users of our Website. We do not provide any guarantees or warranties that listing on our Website will result in your securing employment or work from users.

2.3  Any contract for the supply of Service from this Website is between you and The Creative Book.

3.    Membership
3.1  To use our Services, you will need to register your details and become a member. By registering with us you agree to be bound by these Terms and Conditions and to the Listing Guidelines displayed in these Terms and Conditions and elsewhere on the Website from time to time.

3.2  You must be 18 years or over in order to receive the Services. If you are under the age of 18 years you must have consent from your parent or guardian to use the Services and your parent or guardian must authorise payment.

3.3  You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity. You must provide us with valid and complete contact details and a valid email address. Any material changes to this information must be notified to us as soon as possible.

3.4  When registering for our Services you will be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party. The username must not be offensive or obscene and must meet the requirements displayed on the Website. You may upload a profile picture which must not be offensive and must meet our requirements. 

4.    Payment and Prices
4.1  Some of our membership options require you to pay a subscription fee. The applicable subscription fees are displayed on the Website and are correct at the time of publication. We reserve the right to alter these in the future. Fees quoted are inclusive of the relevant sales tax.

4.2  Merchant charges on payments made to us for the Services will be borne by us. All other charges relating to payments made by you in a currency other than pounds sterling will be borne by you.

4.3  By making a payment you are agreeing to the immediate delivery of the Services and you will be unable to obtain a refund should you later wish to cancel your membership. No refunds will be provided for unused periods of Service. Where a refund is authorised by us at our discretion you will be paid that part of the fee which relates to the unused period of Service less any merchant charges.

4.4  We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing the Website.

5.    Listing Guidelines
5.1  All users of the Website may list job or work project postings on the Website. Members are also permitted to create a portfolio page and upload Content. Any user wishing to post a listing and/or upload Content must agree to follow these guidelines. A failure to do so may result in deletion of the listing and/or cancellation of membership. In some cases a failure to follow these guidelines could result in the user being reported to the police.

5.1.1      All listings and Content must not be used:

(a)  solicit or obtain payment for services or goods other than those services offered by the member;
(b)  for the sole purpose of selling, promoting, or advertising any product or service other than the service of the member;
(c)  to advertise jobs or work projects which are inappropriate to the Website which shall include seeking employees for work of a sexual nature;
(d)  to promote any opportunity that does not represent bona fide employment or which involves pyramid selling, franchising, distributorship or other agency relationship;
(e)  to advertise sexual services;
(f)   to advertise or promote any illegal or unlawful product or service; and
(g)  to promote any political, ethnic, racial or religious organisation or belief.

5.1.2      You are not permitted to do the following when uploading Content or posting a listing:
(a)  provide any inaccurate, false or misleading information;
(b)  post Content which is illegal, defamatory, obscene, abusive, offensive or otherwise unlawful or objectionable;
(c)  post Content for a competitor of The Creative Book;
(d)  impersonate any person or entity including The Creative Book or any representative of The Creative Book or misrepresent your relationship with any person or entity;
(e)  disguise the origin of any Content or develop restricted or password only access pages or hidden pages or images;
(f)   collect, gather or store personal data on other users of the Website;
(g)  use any names, logos and trademarks unless owned by you or used by you under licence; and
(h)  infringe any copyright, trademark, patent or any other intellectual property right of any third party or breach any obligation of confidentiality owed to a third party.

5.1.3      You must ensure that all Content posted by you is not false, inaccurate or misleading and complies with the British Code of Advertising Practice in all respects.

5.2  We reserve the right to review and approve all Content uploaded to our Website at any time. We may decide, without notice to you, to remove or delete any Content or listing where we consider at our sole discretion that such Content or listing is either bogus or in breach of these Terms and Conditions.

5.3  When using our Website and our Services you shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our servers or networks; (iii) attempt to gain unauthorised access to the Website or its related systems or networks or to any other computer system or website; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system. 

5.4  You must not use the Website or the Service for spamming, unsolicited or unauthorised advertising, “chain letters” or sending unsolicited, abusive or threatening emails to users. You are not permitted to sell or place advertising on your portfolio page or any other page of our Website.

5.5  You cannot publish the contact details of another user on the Website.

5.6  You may only modify or add Content to the Website where specifically permitted. Under no circumstances may you block, obscure, overwrite or modify any content or pages generated by us. All other site locations or components of TheCreativeBook.com pages are strictly for our use.

5.7  Your personal security and welfare is important to us. We strongly recommend that you exercise the usual safeguards when arranging and agreeing to meet another member or prospective employer you have been introduced to through the Website for the first time.

6.    Our Website
6.1  The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.

6.2  We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible. 

6.3  You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

7.    Content
7.1  We cannot be held liable for any Content posted on our Website, whether it is publically or privately submitted. All Content is the responsibility of whoever published such Content.

7.2  You may come across Content that you may not agree with, or which you consider to be indecent, sexual or offensive. You may report any such Content to us and we will use our reasonable endeavours to investigate and rectify the situation. If we consider the Content is justifiable then we will explain our position to you and take no further action.

7.3  We will use our reasonable endeavours to monitor Content uploaded to our Website to ensure the quality of work remains high and we reserve the right to remove, amend or delete any Content that we consider in our sole discretion is not suitable.

7.4  Due to the nature of the Website we cannot verify all Content and the validity of postings or portfolios displayed on the Website. The Content displayed on the Website is displayed on an “as is” basis and, in some cases, may not be suitable for this Website. Users posting content are solely liable for the consequences of any Content posted. We therefore cannot represent or warrant the validity or otherwise of any Content including portfolio pages displayed on our Website. Users must exercise the usual caution when responding to adverts or other invitations from users.

7.5  Users posting portfolio Content to the Website do so in the knowledge that this will be on public display and that their information will be viewed and distributed by or to third parties.

7.6  In order to enable The Creative Book to operate the Service, we must obtain from you certain license and other rights to the Content you submit (so that our processing, maintenance, storage, technical reproduction, back-up and distribution, and related handling of your Content doesn't infringe applicable copyright and other laws). Accordingly, by using the Service and posting Content, you grant The Creative Book a license to display, perform and distribute your Content, and to modify (for technical purposes) and reproduce such Content to enable The Creative Book to operate the Service. You agree that these rights and licenses are royalty free, irrevocable and worldwide, and include a right for The Creative Book to make such Content available to, and pass these rights along to, others with whom The Creative Book has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to your Content to third parties if The Creative Book determines such access is necessary to comply with its legal obligations.

As indicated above, you retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. Other than the limited license and other rights you grant in these Terms of Service, The Creative Book acknowledges and agrees that it obtains no right, title or interest from you under these Terms of Service in or to any Content that you submit, post, store, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that The Creative Book has no obligation to do so on your behalf. You warrant that you are the legal owner of the intellectual property rights in any Content that you display on our Website, or have been assigned such rights.

8.    Email and Business Cards
8.1  Where your membership entitles you to a personalised email address, you are required to use the email address in a professional and courteous manner as you will be representing us. We reserve the right to monitor any accounts we suspect of abusing the Service. “Abuse” of the Service may include sending abusive, or spam messages to other users and external third parties.

8.2  We have the right to remove the email service at any point and you will be notified in advance of such action taking place. 

8.3  In some cases, membership entitles members to a business card with The Creative Book name and logo displayed on the card. Changes to the design of the business card may only be made with our express permission.

9.    Your Information
9.1  Where we have requested information from you to provide the Services, you agree to provide us with accurate, up to date and complete information.

9.2  We reserve the right to verify with third parties the accuracy of information that you provide to us.

9.3  We take our obligation to hold and store your personal information securely seriously and comply with the Data Protection Act 1998. We are registered as a data controller under the Data Protection Act (number [insert number]).

9.4  You authorise us to use, store or otherwise process your personal information in order to provide the goods or services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Service to you.

9.5  You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

10.  Cancellation
10.1       You may cancel your membership at any time by notifying us in writing. You will not be entitled to a refund for unused periods of Service.

10.2       We reserve the right to cancel or suspend your membership or authority to use the Services or our Website at any time should we reasonably consider or suspect that you have acted in breach of these Terms and Conditions or the Listing Guidelines.

11.  Intellectual Property Rights
11.1       Ownership in, and all rights created in relation to the contents of this Website vest in us absolutely unless otherwise indicated. The collection, arrangement and assembly of all content on the Website is the exclusive property of The Creative Book and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except in the circumstances set out in clause 11.2 below, where expressly invited to do so or indicated on our Website.

11.2       You are permitted to temporarily download one copy of the materials (information or software) on our Website for personal, non-commercial transitory viewing only. This is the grant of a licence which is personal to you, non-transferable, for a limited period only and which may be revoked by us at any time. It is not a transfer of title. Under this licence you may not:

(a)  modify or copy the materials;

(b)  use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

(c)  attempt to decompile or reverse engineer any software contained on our Website;

(d)  remove any copyright or other proprietary notations from the materials; or

(e)  transfer the materials to another person or "mirror" the materials on any other server.

This licence shall automatically terminate if you violate any of these restrictions and may be terminated by The Creative Book at any time. Upon terminating your viewing of these materials or upon the termination of this licence by us, you must destroy any downloaded materials in your possession whether in electronic or printed format.

11.3       All content on the Website including the portfolios and any job postings are protected by copyright.

11.4       You are not permitted or licensed to reproduce, copy or use in any way the trade marks, logos and other intellectual property rights that we own except as expressly set out in these Terms and Conditions.

12.  Linked Sites
There may be a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

13.  Complaints
We take complaints very seriously and aim to respond to your complaints within 5 working days. All complaints should be addressed to hello@thecreativebook.com.

14.  Limitation of Liability and Indemnity
14.1       Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

14.2       Your use of the Service is without any warranty or guarantee and is entirely at your own risk. We do not vet the Content posted on the Website by users and we disclaim all liability for Content posted on the Website by users. We are under no obligation to approve, check or monitor any Content posted or their users. We cannot accept any liability whatsoever for the conduct of other users.

14.3       We disclaim any and all liability to you for the supply of the Service to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

14.4       We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.

14.5       We shall not be held liable for any failure or delay in performing the Services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.

14.6       We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for your use of the Service.

14.7       We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

14.8       Disclosing personal information to users is entirely at your own risk and we accept no liability for any loss, damage, cost or expense you may incur as a result. 

14.9       You hereby agree to fully indemnify us on demand against any losses, damages, costs (including all reasonable legal and administrative costs) and expenses, including all consequential losses such as loss of profit, loss or damage to goodwill or reputation, and/or loss from claims of third parties suffered or incurred by us as a result of your breach of these Terms and Conditions or any other person accessing the Website using your personal information with your authority.

15.  General
15.1       We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

15.2       We may alter or vary the Terms and Conditions at any time.

15.3       We reserve the right to terminate or suspend your use of our Website if we reasonably believe that you are acting in breach of these Website Terms.

15.4       Payment must be made at the time of listing an Item with us. Failure to pay on time will result in either the cancellation of your order or a late payment charge which shall be calculated as interest on the amount due at a rate of 5% over our bank's lending rate. Interest will be charged on a daily basis from the date of invoice to the date of actual receipt of payment in cleared funds.

15.5       The Terms and Conditions together with the Privacy Policy, Listing Guidelines and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

15.6       If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

15.7       These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

15.8       No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

15.9       It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.