WhosCreative, Inc.

TERMS AND CONDITIONS OF USE

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, BEFORE USING THE whoscreative.com WEBSITE (the "Site"). BY ACCESSING OR USING THE SITE, YOU ("USER") AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THIS SITE.

WHOSCREATIVE, INC. OWNS AND OPERATES THE SITE. WHOSCREATIVE, INC. RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. WHOSCREATIVE OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SITE WITHOUT NOTICE OR LIABILITY; WHOSCREATIVE MAY ALSO TERMINATE YOUR USE OF THE SITE AT ANY TIME IN ITS SOLE DISCRETION.

Use of Site; Ownership of Intellectual Property Rights

All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter "Content") constitute the sole and exclusive property of WhosCreative or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without WhosCreative's prior written approval: copying of the Site or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.

Additional User Conduct Guidelines

WhosCreative requests that the User not impede or inhibit any other User from using and enjoying the Site. Therefore, in using this Site, you agree NOT to: Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of a whoscreative.com Site; disclose or share your password with any third parties or use your password for any unauthorized purpose, and; disrupt or interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliate linked sites; upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files; use or attempt to use another's account, service or system, or link to another site, without authorization from WhosCreative, or create or use a false identity on the Site; or transmit through or on the Site spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings; post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless You own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws. The contents of this Web Site such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, "Web Site Content"), are protected under both United States and foreign copyright, trademark and other laws. All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy You make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any Web Site Content or the pages making up the whoscreative.com Site. It is also protected by the Company's copyright.

Limitation of Liability and Disclaimers

USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER WHOSCREATIVE, INC., ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SITE. THE SITE, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WHOSCREATIVE, INC., ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT WHOSCREATIVE, INC. IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES WHOSCREATIVE, INC. FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WHOSCREATIVE, INC., ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.

Disclaimer of Consequential Damages

IN NO EVENT SHALL WHOSCREATIVE, INC., ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE whoscreative.com SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE whoscreative.com SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

The User agrees to indemnify, defend and hold harmless, WhosCreative, Inc., its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by the User or any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable statements made by the user on the WhosCreative.com. WhosCreative, Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with WhosCreative, Inc. in asserting any available defenses.

Third Party Links and Sites

This Site may contain links to other Internet sites, resources and/or sponsors of the Site. WhosCreative, Inc. does not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites. Providing links to outside sites does not constitute WhosCreative Inc.'s approval of the content, policies or practices of those other sites. Be sure to review the terms of use and privacy policies posted on the outside sites after linking to them.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the WhosCreative.com site.

Changes to the Privacy Policy

If there are updates to the terms of WhosCreative Inc.'s online Privacy Policy, WhosCreative Inc. will post those changes and update the revision date on this document, so Users will always know what information we collect online, how we use it, and what choices you have. For material changes to this Privacy Policy, WhosCreative Inc. will provide notification to Site Users.

Security

Personally identifiable information is stored on our database and is not publicly accessible. All WhosCreative Inc. employees must sign non-disclosure contracts that ensure the confidentiality of all personally identifiable information before gaining access to such information. This site has security measures in place to protect the loss, misuse and alteration of the information under our control, and meets or exceeds all industry standards for the protection and confidentiality of personally identifiable information.

Testimonials

We post client and candidate testimonials, which may contain personally identifiable information such as the client or candidate's name, on whoscreative.com. We do obtain the client/candidate's consent to include their name prior to posting the testimonial.

Opt Out of Receiving Further Web Based Marketing

Every visitor to our web site can choose to be removed from our web-generated marketing lists. You can opt out at any time. To opt out of WhosCreative Inc.'s marketing e-mail or print mail, please send an e-mail with "remove" in the subject line to hello@whoscreative.com. To opt out by mail, please send your name, company, e-mail address and physical mailing address with "remove" in the subject line to WhosCreative, Inc., 2452 Black Rock Turnpike, Unit 011, Fairfield, CT 06825 or WhosCreative, Inc., 31952 Camino Capistrano, Suite C-24, San Juan Capistrano, CA 92675.

Correct/Update

If you would like to verify the data we have received from you or to make corrections to it, or to deactivate the use of your personal information you may contact us directly at the addresses provided above or log in to your account and click on the "Edit your search settings" link.

Anonymous information

IP addresses are briefly logged but discarded within a short period of time. No anonymous information that may be received from visitors is used in any of our work, promotions, or research.

Use of cookies

WhosCreative, Inc. uses cookies to identify your browser as you visit pages on the whoscreative.com site. The cookies are used to present dynamic content so that you are not presented with identical content on every visit. No information from the cookies is used in any of our work, promotions or research. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

Links to external pages

This site may contain links to other Web sites. Please note that when you click on one of these links, you are entering another site. WhosCreative, Inc. is not responsible for the privacy practices or the content of such Web sites.

Legal Disclaimer

We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with legal process served on WhosCreative, Inc.

Changes to this privacy policy

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

WhosCreative, Inc.’s Liability

Whoscreative.com is only a forum. The whosecreative.com Web Site acts as a forum for employers to post job opportunities and candidates to post resumes, portfolios, demo reels and additional information pertining to their skills and interact with other users. Whoscreative.com does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or user information posted, and does not represent or guarantee the truthfulness, accuracy or reliability of the listings; the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. Nor does Whoscreative.com endorse any opinions expressed by users or the companies posting jobs. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Whoscreative.com Web Site. Users acknowledge that any reliance on any material posted by other users will be at the users’s own risk.

Because User authentication on the Internet is difficult, WhosCreative, Inc. cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on the whoscreative.com site, and in the event that You have a dispute with one or more Users, You release WhosCreative, Inc. (and its agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." The whoscreative.com site may contain inaccuracies or typographical errors. WhosCreative, Inc. makes no representations about the accuracy, reliability, completeness, or timeliness of any whoscreative.com Content. The use of the WhosCreative site and WhosCreative Content is at your own risk. Changes are periodically made to whoscreative.com, and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material placed by You on the whoscreative.com site. Employers are solely responsible for their postings on the whoscreative.com site, and WhosCreative, Inc. is not to be considered to be an employer with respect to your use of the whoscreative.com site. WhosCreative, Inc. shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the whoscreative.com site. Further, WhosCreative, Inc. cannot guarantee and does not promise any specific results from use of the whoscreative.com site. No advice or information, whether oral or written, obtained by a User from WhosCreative, Inc. or whoscreative.com shall create any warranty not expressly stated herein.

Other

WhosCreative will commence providing services for which there is a charge, only upon the receipt of the amount for services has been paid up-front either from subscriber or from a third party on behalf of the subscriber, and all sales are considered final once the job request is posted or when the credit card has been charged for the posting or service to be provided. There are no exceptions.

WhosCreative reserves the right to reject or delete any user-submitted information entered into the whoscreative.com site that in its sole discretion violates WhosCreative, Inc., Terms and Conditions, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the whoscreative.com site. WhosCreative, Inc., reserves the right to expel Users and prevent their further access to the whoscreative.com site and/or use of WhosCreative, Inc. services for violating the Terms or applicable laws, rules or regulations. WhosCreative, Inc. may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for WhosCreative, Inc., damage WhosCreative’s brand or public image, or cause WhosCreative to lose (in whole or in part) the services of its ISPs or other suppliers.

WhosCreative appreciates hearing from our Users and welcomes your comments regarding our services and the Whoscreative.com site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those, which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of WhosCreative, Inc. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. WhosCreative, Inc. shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the State of California and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of California for any disputes arising from or related to this Site or these Terms and Conditions of Use. These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with WhosCreative, Inc. or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of this Site. Should any provision in these Terms and Conditions be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect validity or enforceability of the remaining provisions. These Terms and Conditions may not be altered by action, inaction or course of dealing between the parties. These Terms and Conditions may only be altered by (a) prior written mutual agreement between WhosCreative, Inc. and User; or (b) WhosCreative, Inc. posting revisions on the Site. Failure by WhosCreative, Inc. to object to a User's behavior, conduct or action does not constitute a consent, ratification or waiver of objection.

Foreign Access

WhosCreative, Inc. makes no claims that the whoscreative.com Content may be lawfully viewed or accessed outside of the United States. Access to the whosecreative.com Content may not be legal by certain persons or in certain countries. If You access the whoscreative.com site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the Sate of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the State of California. If any provisions of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, WhosCreative, Inc.’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect WhosCreative’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for use of the whoscreative.com web site; a particular "Legal Notice," or software license or material on particular whoscreative.com web pages, these Terms constitute the entire agreement between You and WhosCreative, Inc. with respect to the use of whoscreative.com. Changes to these Terms shall not be made unless by a revised posting on this page.

WhosCreative, Inc. may change the terms in this agreement at any time

If you have any questions or concerns about our Terms and Conditions of Use, please write to WhosCreative, Inc. at:

2452 Black Rock Turnpike
Fairfield, CT 06825
feedback@whoscreative.com