1 ABOUT US
1.1 Welcome to our website, www.creation.io (the “Website”). The Website is provided by Creation in respect of its global operations headquartered out of London. England. Creation in the UK is a trading division of Fox IPL Ltd a company registered under number 1343808 in England with its principal place of business at 2 Waterhouse Square, 140 Holborn, London, EC1N 2AE and its registered office at 3 Grosvenor Gardens, London, SW1W 0BD (“us”, “we” or “our”). Creation is an agency of The Interpublic Group of Companies, Inc. (NYSE:IPG)
1.2 “You” and “Your” means you as the user of our Website.
2 USE OF THIS WEBSITE
2.1 These terms and conditions (“Terms and Conditions”) set out the terms and conditions upon which You may use our Website. By accessing and then continuing to use the Website, You agree to these Terms and Conditions.
2.2 You should read all these Terms and Conditions prior to using the Website. If You do not agree to these Terms and Conditions, You should not use the Website.
We may from time to time vary these Terms and Conditions without notice. Where we make any changes we will notify all users that a change has occurred on the Website homepage. If You continue to use this Website after changes are made to these Terms and Conditions and notified in this manner, You will be deemed to have accepted such changes. If You do not agree to such changes, You should not continue to use this Website.
4 ACCESSING OUR WEBSITE
Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. To the maximum extent permitted by law, we will not be liable if for any reason the Website or any part of it is unavailable at any time or for any period. You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through Your internet connection are aware of these Terms and Conditions. We have no liability to you for your inability to access and/or use the Website or any part of it by reason of any incompatibility of your device or connection with the requirements of the Website or any part of it.
5 RELIANCE ON INFORMATION POSTED
The Website introduces You to the Creation agency and informs You of its work. The Materials on it showcase the work of Creation in the UK and overseas, our approach, our tools and thought leadership in areas we hope You will find of interest. Commentary and other Materials posted on our Website are not however intended as advice and should not be relied upon as such. To the maximum extent permissible by law, we disclaim all liability and responsibility arising from any reliance placed on such information. Should You see anything of interest about which You wish to learn more or which You would like to see applied to your business’ particular circumstances, please do not hesitate to contact us.
6 LINKING TO OUR WEBSITE
You may link to our home page only, provided You do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Where You are entitled by express agreement with us to suggest an association our approval or endorsement, You must only act in accordance with the terms of that agreement. You must not link us to any unlawful, pornographic, offensive, or otherwise objectionable content. You must not remove or obscure by framing or otherwise, any information published on the Website. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
7 YOUR PERSONAL INFORMATION
7.1 We do not gather, define or use individual personal information, such as Your name, email address, address and other contact details (“Personal Information”) through this Website, unless You choose to send us such information in connection with a query.
7.2 If You choose to correspond with us via the Website, You consent to us retaining and/or sharing the content of Your correspondence for the purpose of responding to Your query.
8 WEBSITE USE INFORMATION AND “COOKIES”
8.1 Cookies are small text files that are placed on your computer by websites that You visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
8.3 Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
8.4 To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
9 VIRUSES, HACKING AND OTHER OFFENCES
9.1 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
9.2 By breaching this provision, You may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our Website will cease immediately.
9.3 To the maximum extent permissible by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of our Website or to Your downloading of any material posted on it, or on any website linked to it.
10 THIRD PARTY SITES AND CONTENT
10.1 Our Website and/or the Materials published or available for download on the Website may contain links to third party websites. These links are provided for Your information only, and if You decide to visit any third party site, You do so at Your own risk. We have no control over the content of those sites, and we are not responsible for the content, accuracy or opinions expressed in any third party websites linked from our Website, including, without limitation, any material that may be defamatory or unlawful or illegal in any way. Links do not imply that we or our Website is affiliated to or associated with such sites.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 We are the owner or licensee of all intellectual property rights in our site, and in all information, images and other content published on it (“Materials”). Those Materials are protected by copyright laws and treaties around the world. All such rights are expressly reserved to us or the respective licensors or ultimate copyright owners. Our right to use the Materials or any of them on the Website does not mean those same rights extend to any users of the Website.
11.2 Unless stated to the contrary in respect of any Material, if you wish to use any of our content you should contact us so that any licensing issues can be managed. Any use of the Website or any Materials is conditional upon you giving an appropriate acknowledgement to Creation. You are not permitted to seek to exploit the Website, the Materials or any of them for your commercial or personal gain; or to use the Website or Materials to the detriment of us or any of our directors, staff or anyone featured in any Materials. Any permitted use of the Website and Materials is subject to the following restrictions. You must not:
(a) remove any copyright or other proprietary notices contained in or on any Materials;
(b) use any Materials from the Website in any manner that may infringe any copyright or other intellectual property or other property or proprietary right of us or any third party owner or licensor; or
(c) copy, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials for any commercial purpose, without our prior written consent.
11.3 You must not modify the paper or digital copies of any Materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4 Our status (and that of identified contributors) as the authors of Material on our site must always be acknowledged.
11.5 If You print off, copy or download any part of our Website in breach of these Terms and Conditions, Your right to use our Website will cease immediately and You must, at our option, return or destroy any copies of the Materials You have made.
12 TRADE MARKS
We expressly reserve all rights in and to the Creation name, the Creation logo, the domain name www.creation.io and all related and sub domains and all other of our names, marks, taglines, or those relating to our products and services. Other trade marks, products and company names mentioned on the Website may be trade marks of their respective owners or licensors and the rights in such marks are expressly reserved to their respective owners or licensors.
13 OUR LIABILITY
13.1 Nothing in these Terms and Conditions shall affect Your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:
(a) death or personal injury arising through our negligence;
(b) our fraudulent misrepresentation; and/or
(c) anything else that cannot be excluded or limited by us under English law.
13.2 To the fullest extent permissible by law:
(a) we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website, the Materials and/or all products or services supplied by us in connection with this Website. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take Your own precautions in this respect;
(b) we do not accept liability for any failure to maintain the Website and/or late or failed posting or maintaining of any Materials. We may suspend access to the Website periodically to carry out emergency or scheduled maintenance or for any other reason at any time;
(c) we shall not be liable under these Terms and Conditions for any indirect, special, incidental or consequential damages or otherwise, even if advised of the possibility of such damages;
(d) we shall not be liable under these Terms and Conditions for any technical malfunction in respect of any use of the Website or permitted use of any Materials, and cannot be held liable to provide any kind of technical support or advice in case of any such malfunction;
(e) the Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials;
(f) we shall not be liable for any loss caused as a result of Your actions or inactions based on the Materials available on this Website.
14 LEGAL COMPLIANCE AND APPLICABLE LAW
The English Courts will have exclusive jurisdiction over any claim arising from or related to this Website. English Law will apply to these Terms and Conditions.
15 CONTACT US
15.1 If You have any concerns or queries about Material which appears on our Website please contact: email@example.com
15.2 Our postal address for correspondence is 2 Waterhouse Square, 140 Holborn, London, EC1N 2AE. Correspondence should be marked for the attention of George Coleman, President