Creative Circle, LLC

Terms of Use

1. 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 Circle") in accordance with these Terms of Use. The "Service" refers to your use of the Website and does not refer to the staffing or recruiting services we provide to you.

2. These Terms of Use Form a Contract

By using the Service, you electronically agree that the following terms govern your use of the Service (the “Terms of Use”). You should not use the Service if you do not agree to these Terms of Use. Please review these Terms of Use carefully since it constitutes a legally 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 Privacy Policy 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 Service and such Content only in accordance with these Terms of Use.

3. Usage Rules

(a) You must be 18 years or older to use the Service.

(b) You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

(c) 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.

(d) 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 liability.

(e) 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, with the Privacy Policy posted on the Website, and with any other privacy promises made by Creative Circle on the Service.

(f) 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.

(g) 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 purpose, and subject to these Terms of Use.

(h) 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.

(i) 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 other means.

(j) Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including any new Service, shall be subject to these Terms of Use.

(k) 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 or these Terms of Use. You agree not to post any such content or information on the Service.

(l) 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.

(m) 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.

4. Ownership of the Content and the Website

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.

5. License

We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Service subject to the terms of these Terms of Use. You may not use the Service in a 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 believe you are in violation of these Terms of Use.

6. 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 other parties.

7. Amendments

We may make changes to these Terms of Use at any time without notice to you. You can review the most current version of our Terms of Use at any time at: www.creativecircle.com/termsofuse. If you disagree with the changes to these Terms of Use, you should cancel your Service. Your ongoing use of any Service after 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.

8. Remedies; Termination of Service

(a) We may take any legal and technical remedies to prevent the violation of and to enforce these Terms of Use, including without limitation, immediate termination of your account or access to the Service, if we believe in our discretion you are violating these Terms of Use.

(b) 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.

9. Disclaimers and Limitations

(a) 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.

(b) 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.

10. Indemnification

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.

11. Electronic Contracting And Notices

Your affirmative act of using or registering for our Service constitutes your electronic signature to these Terms of Use and your consent to enter into Terms 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.

12. Choice Of Law And Location For Resolving Disputes

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 controversy or claim arising out of or relating to these Terms of Use, or the 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.

13. Miscellaneous

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 you under these Terms of Use. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and the Privacy Policy 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 any part of these Terms of Use is held invalid or unenforceable, that portion 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.

14. How to Contact Us

Questions or comments about these Terms of Use or the Website may be directed to TermsofUse@creativecircle.com.