Updated on June 30, 2009
Welcome to theCreativeloft.com. These pages constitute the terms and conditions under which you may access theCreativeloft.com, (the "Site") and use the information held therein (the “Services”). Please read these terms and conditions of use (“Terms”) carefully before using this site or any applications or services available from it. This Site is owned and operated by TheWebleaf, LLC. (referred to as "Company"). "You" are the person or entity using the Site, ordering or using Applications or described in the Site registration form.
You understand that by clicking the “I Agree” button, by using the Site (including any content provided therein), Services, applications, or your account or by posting any materials on the site, you are agreeing to be bound by these terms. If you do not accept these terms in their entirety, you may not access or use the Site and its Services.
If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms and your agreement to these terms will be treated as the Agreement of the business. In that event, “you” and “your” refer herein to that business.
Subscriptions - Charges on your billing account
Your subscription will auto-renew unless you cancel online before the next billing cycle. To terminate your authorization or change your payment settings, go to “my account”.
Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
“theCreativeloft.com” will appear on your billing statement and you are aware of the charges pertaining to it. In case the transaction is not approved the company reserves the right to bill your card on a later date and terminate access to the site.
If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
The content, organization, graphics, design, compilation, and other matters related to our website theCreativeloft.com are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of our website without prior written permission from us is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the site. The posting by TheCreativeloft.com of information or materials on the site does not constitute a waiver of any right in such information and materials.
Third party services
Limitation of liability and exclusive remedy
You agree that your sole remedy for any breach of these terms by the company, or any of the company's, affiliates or agents shall be, at the company's option, (1) substitution or replacement of all or part of the application or product that gives rise to damages incurred by you in reasonable reliance on the company; or (2) refund of the amount that you paid to the company you agree that the damage exclusions in these terms shall apply even if any remedy fails of its essential purpose.
This site is controlled and operated by the company from its offices within the United States of America. The company makes no representation that the site, applications, or related information offered by the company are appropriate or available in other locations. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The site, applications, and related information are the exclusive property of the company or its suppliers. All rights not licensed herein are hereby reserved to the company or its suppliers.
Termination or cancellation of site access; modifications to site and applications
If you violate these terms, the company may terminate or cancel your access rights to the site and/or applications immediately without notice. The company reserves the right at any time to modify or discontinue the site, applications, or any part thereof and you agree that the company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site, applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the site or applications that you have paid for.
These terms shall be governed by the laws of the state of New Jersey without regard to its conflict of law provisions.
Disclaimer of warranties
The site, services, materials and applications are provided to you "as is" without warranty of any kind. The company, hereby disclaims to the maximum extent permitted by law:(a) all warranties either expressed or implied, regarding the site, services, materials and applications, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose; availability of the site, services, materials and applications; lack of viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information available on the site or through the services (including any communications between you and a potential employee or employer) or whether the use of the site, services or materials will produce any level of profit or business for you or lead to economic benefit; and (b) any duties of reasonable care, workman like effort or lack of negligence in connection with the site, services, materials or applications, or related information. The entire risk as to satisfactory quality, performance, accuracy and effort in connection with the site, services, materials, or applications, and related information is borne by you. Some states do not allow the exclusion or limitation of implied warranties, so the above limitation may not apply to you. In addition, the company disclaims any warranties of non-infringement, title in connection with the site, services, materials, applications, and related information.
Any loss incurred from interviewing, calling companies or falling prey to any 'scheme' posted on the site is not our responsibility as the company does not hold responsibility for the content or accuracy of jobs posted on its site.
Assumption of risks
You agree to assume all risks that the site, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free. Any applications downloaded or otherwise obtained through the site are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By participating in email exchanges or visiting chat rooms you may be exposed to rude, crude, indecent, or other offensive language or references. You agree that the company shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the site.
To the maximum extent allowed by law, you agree that neither the company, nor any of the company's., affiliates or agents will be liable to you and/or any other person for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site, applications or related information, or to any breach of these terms, even if the company has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability. Some states do not allow the exclusion or limitation of liability for consequential damages, so the above limitation may not apply to you.
These terms, as amended, your registration forms, and the disclosures provided by the company and the consents provided by you, constitute the entire agreement between you and the company. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The company's failure to act with respect to a breach by you or others does not waive the company's right to act with respect to subsequent or similar breaches.