Terms & Conditions
1.1 creativeminds.art (the “Site”) is a website operated by Creative Minds Art Network Ltd. We are registered in the UK and our company registration number is 08290215. To contact us please email firstname.lastname@example.org
1.2 Throughout these terms, Creative Minds Art Network Ltd are referred to as “we”, “our”, “us”, or “Creative Minds”. We use the terms “you”, “your” and “user” to mean any person using the Site, and any organisation or person using the Site on an organisation’s behalf.
2. By using our Site you Accept the Terms and Conditions
2.1 By using this Site, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to the Terms and Conditions, please do not continue to use the Site.
2.2 We may update these Terms and Conditions from time to time. Should we do so, the new terms will become effective from the moment they are uploaded onto the Site. You should check the Terms and Conditions when you visit the Site to confirm the most recent Terms and Conditions that apply.
3. Data Privacy and Cookies
4. Linking to the Site
4.1 You may link to our Site homepage from your website, as long as it is done in a way that is both fair and legal, this includes, but is not limited to the sharing of social media content.
4.2 You must not link to our Site if doing so may damage our reputation or where you suggest any form of association, approval or endorsement on our part where none exists.
5. User Agreed Terms
5.1 We are the owner of all intellectual property rights in the Site and the material published on it, including, among other things, all trade marks, logos, service marks and service names, whether they are registered or not. These works are protected by, among other things, copyright laws and treaties around the world. We reserve all such rights.
5.2 Our status (and that of any contributors identified on the Site) must be acknowledged. You must not in any way use any part of the materials on our Site for commercial purposes without obtaining a licence from us or the author to do so.
5.3 Any content you submit which is published via our Site remains your property and you may use, reproduce, adapt, publish, translate and distribute your content on any other website or in any other form. In submitting your content via our Contact Form, Get in Touch Form or Franchise Application Form you are granting us the moderation of that content and we therefore reserve the right to use, publish or reject your submission.
5.4 In using our Site you agree to our strict terms stated below. You MUST NOT:
(A) copy, republish or modify any material from this Site (including republication on another website);
(B) sell, rent or sub-licence material from the Site;
(C) reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial, non-commercial or public purpose;
(D) redistribute material from this Site (except for content specifically and expressly made available for redistribution);
(E) submit irrelevant materials (text and images) via our form(s) that are unrelated to our services;
(F) use the Site in any way that causes, or may cause damage to the Site or impair the availability or accessibility of the Site to others;
(G) use this Site or act in any way that is unlawful, illegal, fraudulent or harmful or relates to such activity (including attempting to host/transmit computer viruses);
(H) be involved in any legal activity that infringes our or any third party legal rights;
(I) submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;
(J) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting); or
(K) use the Site for any purposes related to marketing without our written consent.
7. No Warranties
7.1 Creative Minds is provided “as is” without any representations or warranties, express or implied and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Creative Minds does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials published on the Site.
7.2 To clarify we do not warrant that:
(A) this Site will be constantly available, or available at all;
(B) the information on this Site is complete, true, accurate or non-misleading; and
(C) nothing on this Site constitutes, or is meant to constitute, advice of any kind.
7.3 At times the Site may link to other websites. These links are solely for your convenience or information, and may be subject to their own terms and conditions. We cannot verify the accuracy of any information contained in third party websites, nor does the inclusion of these links represent an endorsement or a recommendation of the third party websites. Creative Minds accepts no liability for the content of any website to which the Site links.
7.4 Creative Minds operates channels, pages and accounts on some social media, which can be accessed via links on the Site. We may monitor and record comments and posts made on these channels. We are not responsible for any information posted on those social media sites other than information we have posted ourselves. We do not endorse the social media sites themselves, or any information posted on them by third parties or other users.
8. Limited liability and Indemnity
8.1 Creative Minds will not be held liable for damages in relation to the contents of, or use of, or otherwise in connection with the Site, and these Terms and Conditions exclude or limit our liability arising out of the use of, or relating to, the Site to the extent that the law permits us to do so including (but not limited by);
(A) for any indirect, special or consequential loss;
(B) for loss of data or damages to you or your business; or
(C) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill.
We do not exclude or limit our liability for death or personal injury arising from our negligence, or for our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the laws of England or Wales.
8.2 While we endeavour to ensure that the Site is free from any viruses or other malicious or harmful content, we do not accept any liability for errors, delays, or damage to your computer or device as a result of using the Site. It is your responsibility to ensure that you have up to date antivirus software, or any other necessary equipment in order to use the Site safely and to avoid anything that may damage or harm your computer or device.
8.3 You hereby agree to indemnify Creative Minds and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
8.4 In using the Site you agree to indemnify us against losses, damages, costs, liabilities and expenses as a result of clicking on or visiting any external links or websites that are published on the Site.
8.5 In using this Site, you agree with and exclude us from liability and indemnify us against losses as set out in the above.
9. Term and Termination
9.1 These Terms and Conditions will apply to you as soon as you access the Site and will continue to have effect until they are terminated or if you are no longer interacting with Creative Minds.
9.2 We may terminate your right to use the functions of our Site at any time, including if you violate or breach these Terms and Conditions or if allowing you to access and use the Site or its related functions would violate any applicable local, state, provincial, national and other laws, rules and regulations, or would expose Creative Minds to any legal liability whatsoever.
9.3 If the Terms and Conditions are terminated or you are no longer interacting with Creative Minds, these Terms and Conditions may no longer apply. However, any provisions of the Terms and Conditions that by their nature should continue to apply after termination of these Terms and Conditions will do so. This includes, without limitation, all limitations on liability, choices of law and judicial forum and intellectual property protections and licences.
10. Entire agreement
The Terms and Conditions stated constitute the entire agreement between you and Creative Minds (Creative Minds Art Network Ltd) in relation to your use of this Site.
11. Additional Provisions
11.1 If, for any reason we fail to enforce any provision of these Terms and Conditions, this will not constitute a waiver of our right to later enforce that or any other provision. Any waiver, amendment or modification of these Terms and Conditions must be in writing in order for it to be effective.
11.2 If any provision of these Terms and Conditions is found to be unenforceable, that provision will be limited to the minimum extent necessary in order that the other provisions of these Terms and Conditions remain in full force and effect.
11.3 Under no circumstances is any independent contractor, agency, partnership, joint venture or other such relationship created by these Terms and Conditions.
12. Governing Law & Jurisdiction
These Terms and Conditions, the Site and any information contained in it will be governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction.