CREATIVE CIRCLE, LLC
Welcome to our Website/Portal.
Welcome to the website identified by the domain name
www.creativecircle.com or the time
management portal identified by the domain name creativecircle.backofficeportal.com
(such website and portal, individually and collectively, the "Website"),
and the content and services available at the Website (the Website and such
content and services are, collectively, the “Service”).
The Service is provided by Creative
Circle, LLC and its affiliates ("we," "us," "our" or "Creative
the Website and does not refer to the staffing or recruiting services we provide
By using the Service, you electronically agree that the following terms govern
binding contract between you and us. By
using the Service, you consent to receive notices and updated terms from us
electronically, and you consent to the terms of our
which are published on the Website. You agree that all content offered
through the Service (the "Content") is licensed and not sold to you, and
are subject to copyright and trademark protection. We grant you permission to use the
You must be 18 years or older to use the Service.
You must be a human. Accounts
registered by "bots" or other automated methods are not permitted.
In order to access certain portions or features of the Service, we may
require that you register with us and establish an account. You will not use the account of
another person without permission.
When you create an account, you agree to provide accurate and complete
information. You are solely
responsible for any activity on your account and for maintaining security of
your password. You will notify us
immediately after you become aware of any unauthorized use of your account. We will have no responsibility for
any loss or expense you incur by reason of the use of your account, whether
authorized or unauthorized, and you agree to hold us harmless for any expenses
or losses we may incur by reason of the use of your account.
Your use of the Service is at your sole risk.
The Service is provided on an "as is" and
"as available" basis. The
information and features on the Service only indicate potential job postings or
candidate availability and do not constitute binding offers of employment and no
guarantees are made that they are currently available. Creative Circle does not assume any
responsibility for the accuracy, completeness, timeliness, or authenticity of
information included on the Service. Creative Circle is under no obligation to
use or distribute any information and/or material available from the Service. Creative Circle reserves the right,
without prior notice, to remove or alter positions at any time without
You may use personal information available on this Site only if you are
an authorized user and only for the purposes for which it was provided,
including job placement and similar, employment-related purposes.
If you refer a friend or colleague to the
Service by providing their contact information, you represent that you have
their permission to do so. If you do not have their permission to share their
contact information, then please do not refer your friend or colleague to the
Service. Any use of personal information
obtained from the Service by any user must be consistent with these purposes,
promises made by Creative Circle on the Service.
Your use of the Service is limited to your personal, non-commercial use. You may not copy or download any part
of the Service. Your use of these
features is limited to your personal, non-commercial use, and you may not
otherwise copy or distribute any portion of the Website or the Content or
otherwise use any portion of the Website or the Content for any other purposes.
You will not attempt to alter or modify any part of the Website or
Content or use the Website or Content for any purpose other than its intended
You will not attempt to collect or harvest any personally identifiable
information, including account names of other users of the Service. You will not solicit any users of the
Service for any purpose. You will
not use the Service to communicate with other users or for any purpose.
You will not use the Service in any way that may damage, disable,
overburden, or impair our servers or networks or interferes with any other
party's use and enjoyment of the Service.
You will not try to gain unauthorized access to any services, user
accounts, computer systems or networks, through hacking, password mining or any
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including any new Service, shall be subject to
We may, but have no obligation to, remove any information or content
provided by you (“Your Content”) that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual property
to post any such content or information on the Service.
Verbal, written or other abuse (including threats of abuse or
retribution) of any Creative Circle customer, employee, member, or personnel
will result in immediate account termination.
You understand that the technical processing and transmission of the Website,
including Your Content, may be transferred unencrypted and involve transmissions
over various networks and changes to conform and adapt to technical requirements
of connecting networks or devices, and you assume all associated risks.
Ownership of the Content and the
The Content and the Website are protected by copyright, trademark, patent, trade
secret, international treaties, laws and other proprietary rights, and also may
have security components that protect digital information. We, our vendors, licensors and
suppliers who provide the Content on the Service own the property rights to the
Content. All rights in such Content are
reserved with the owners of such Content.
We grant you a personal,
non-exclusive, non-transferable, limited and revocable license to use the
manner that exceeds the rights granted for your use of the Service and its
Content, which includes unauthorized copying or distribution of the Content or
creating an unauthorized derivative work. You
may access, transfer or use the Service on such software, personal computers
and/or devices as authorized by us and verified by us or our content delivery
providers. You may not circumvent any
mechanisms for preventing the unauthorized reproduction or distribution of the
Content or the Service. Your license
terminates immediately upon cancellation or termination of your Service or if we
Your Dealings with Third Parties.
Your correspondence or business
dealings with parties other than Creative Circle, including, without limitation,
our affiliates and third party service providers, are solely between you and
such other party. You agree that we
shall not be responsible or liable in any way for any loss or damage of any sort
incurred as the result of any such dealings or the acts or omissions of any such
We may make
www.creativecircle.com/termsofuse. If you disagree with the changes to
the changes take effect signifies your agreement to the new terms. We may waive any of our rights, but
such waiver shall apply only in the specific instance to which the waiver
relates and will not constitute a permanent waiver or a course of dealing.
Remedies; Termination of Service.
We may take any legal and technical remedies to prevent the violation of
termination of your account or access to the Service, if we believe in our
We may cancel or suspend access to the Service at any time, without cause
and/or without notice. Your right to use
the Service will end once the Service is cancelled or terminated, and any data
you have stored on the Service may be unavailable later.
Disclaimers and Limitations.
You use the Service at your own risk.
We provide the Service “as is”, “with all faults” and “as available.”
We, our content providers and other
suppliers (“Service Providers”) make no express warranties or guarantees
about the Service. TO THE EXTENT
PERMITTED BY LAW, WE AND THE SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES THAT
THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A
PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
NEITHER WE NOR THE SERVICE PROVIDERS GUARANTEE THAT THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE
EFFECTIVE, RELIABLE, ACCURATE, MEET YOUR TASTES, OR MEET YOUR REQUIREMENTS. NEITHER WE NOR THE SERVICE PROVIDERS
GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR
THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A
WARRANTY. You may have additional
consumer rights under your local laws that this contract cannot change.
NEITHER WE NOR THE SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM
YOUR USE OF THE SERVICE. THESE
EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES, EVEN IF WE OR THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE
POSSIBILITY OF SUCH DAMAGES. THE
SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR ANY OF THE ABOVE CLAIMS OR ANY
DISPUTE WITH CREATIVE CIRCLE RELATING OT THE WEBSITE OR THE SERVICE TO
IMMEDIATELY DISCONTINUE USE OF THE SERVICE. BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, AND IF FOR ANY REASON CALIFORNIA LAW IS NOT APPLICABLE, THE
SERVICE PROVIDERS’ LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE
EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to defend, indemnify, and hold harmless
Creative Circle and our subsidiaries, owners and other affiliates, and our and
their employees, licensees, Service Providers, and our and their respective
owners, representatives, employees, contractors, officers, and directors from
all liabilities, claims, and expenses, including attorney's fees that arise from
your use or misuse of the Service.
We reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with us in asserting any available defenses.
Electronic Contracting And Notices.
affirmative act of using or registering for our Service constitutes your
of Use with us electronically. We
may send to you in electronic form any privacy or other notices, disclosures,
reports, documents, communications or other records regarding the Service
(collectively, “Notices”). We may
send you electronic Notices (1) to the e-mail address that you provided to us
during registration, (2) to any e-mail account you open with a Service, or (3)
by posting the Notice on the applicable Service.
The delivery of any Notice from us is effective when sent by us,
regardless of whether you read the Notice when you receive it or whether you
actually receive the delivery. You
can withdraw your consent to receive Notices electronically by canceling or
discontinuing your use of the applicable Service.
Choice Of Law And Location For Resolving
The laws of the State
of California governs this contract and any claim or dispute that you may have
against us, without regard to California's conflict of laws rules, and the
United Nations Convention on Contracts for the International Sale of Goods shall
have no applicability. Any
breach hereof, will be settled by binding arbitration administered by the
American Arbitration Association under its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. The
arbitration will take place in Los Angeles County, California before a single
arbitrator. Notwithstanding the
foregoing, you or Creative Circle may seek injunctive relief from an appropriate
court located in Los Angeles County, California prior to or during the
arbitration. Enforcement and/or any
action related to the decision of the arbitrator or enforcement of these Terms
of Use are governed by the jurisdiction of courts located in the State of
California, County of Los Angeles.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT
OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF JURISDICTIONS OTHER THAN
CALIFORNIA, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE
JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF
CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; (3) SUBMITTING YOURSELF
TO BINDNG ARBITRATION IN LOS ANGELES, CALIFORNIA FOR THE PURPOSE OF RESOLVING
ANY SUCH DISPUTES OR CLAIMS AND (4) ARE KNOWINGLY AND WILLINGLY WAIVING ANY
RIGHT TO A JURY TRIAL OR TRIAL BY JUDGE.
We may assign this contract at any time without notice to you. You may not assign this contract to
anyone else. Our subsidiaries, owners and
other affiliates, and our and their employees, licensees, Service Providers, and
our and their respective owners, representatives, employees, contractors,
officers, and directors are express third party beneficiaries of these Terms of
Use and may (subject to our agreements with them) enforce their rights against
not constitute a waiver of such right or provision.
and the policies, rules and guidelines posted on the Website constitute the
entire contract between you and us regarding the Service and supersede all
previous written or oral contracts. If
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
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