REVOLUTION CREATIVE is not a for profit’ social enterprise, administered by Depot Artspace. Our website www. revolutioncreative.co.nz (the “Site”) is operated and provided by Depot Artspace Ltd (“We,” “Us,” or “REVOLUTION CREATIVE”).
REVOLUTION CREATIVE provides a platform only.
These terms and conditions set out below (“Terms”) apply to your use of the REVOLUTION CREATIVE website and the services we provide. By using this website (including by setting up an account), you confirm that you agree to these Terms, and to any amendments we make from time to time. Please read them carefully. Whilst we believe you will do the right thing at all times, our lawyers, and hence we, require you to accept these terms and condition.
We aspire to do the right, ethical and legal thing in bringing you this site, and we ask that you use the same judgment as you read, use, link to, and share the content hosted on REVOLUTION CREATIVE. If we’ve made an error, please let us know. You can reach us at email@example.com
We may need to update these Terms from time to time to reflect changes in law or the services that we provide. You are encouraged to regularly check these Terms for any updates. If we make any material changes that may affect you, we will try to notify you by email or by means of a notice on this site prior to the change becoming effective. If you do not agree to those changes you can terminate your REVOLUTION CREATIVE account at any time.
DISCLAIMER & DISCLOSURE
IMPORTANT: BY COMPLETING THE REGISTRATION PROCESS, OR USING REVOLUTION CREATIVE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
This website has been developed in an effort to help keep you informed about the jobs market and industry news, to provide you with information on available jobs and give you the ability to apply for jobs. However, in presenting you with this information and job opportunities from advertisers and other service providers (together “Advertisers”), REVOLUTION CREATIVE is not recommending that you choose or respond to a particular opportunity or Advertiser – it is a platform to facilitate engagement between independent third parties.
While every effort will be made to ensure the advertisements and information contained within our websites is accurate and up to date, we make no warranty as to the accuracy, completeness, or usefulness of the information, nor do we assume any legal liability or responsibility for this. This includes the truth about availability of any job opportunity.
‘Call Outs’ are not pre-screened for content and REVOLUTION CREATIVE reserves the right to change the contents or remove any advert (‘call out’) at any time without notice.
We are not a party to any recruitment facilitated through our websites. REVOLUTION CREATIVE will only present you with job opportunities from selected Creative Seekers. All subsequent interactions are conducted at the parties’ own risk and we accept no responsibility or liability for the quality or fitness of any job opportunity, any representations made, or a Creative Seekers right to recruit for any particular job.
CREATIVE REVOLUTION provides access to industry information and tools on the website. These are intended as a guide only and should not be your only source of information. Use these as a starting point and then seek professional advice (particularly before entering into any agreement with any of the Advertisers).
The automated tools may not take into account your complete personal situation or objectives and are indicative only. We do not guarantee that any Creative Seeker will accept your application for any job opportunity. Creative Seeker will assess your application and decide whether or not you meet their criteria in its discretion. REVOLUTION CREATIVE is not involved in that process.
REVOLUTION CREATIVE makes no representations about, and accepts no responsibility for, the suitability or quality of any job opportunity, product or service that is advertised on this website. If you have a dispute in relation to any application you make, or product or service that you take up after using REVOLUTION CREATIVE, then you will need to resolve that dispute with the Creative Seeker directly.
REVOLUTION CREATIVE is not the agent of any Creative Seeker in relation to any job opportunity or the provision of any product or service, nor the agent of either party to any transaction that between you and any Advertiser.
We are the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. We collect information from the Sites visitors at several different points on our website.
In order to use our Site, it is necessary for you to disclose personal information, including your name, email address, phone number and other any other information reasonably requested in order for us to process orders and provide you customer service.
For information about the New Zealand Privacy Act and how it protects all personal information in New Zealand, click here.
DESCRIPTION OF SERVICE
REVOLUTION CREATIVE provides Users with a variety of online services, including but not limited to:
- USER-GENERATED CONTENT – Uploaded or entered multimedia content developed and owned by creative professionals across industries.
- CONTENT STORAGE – REVOLUTION CREATIVE does not store your up-loaded original files e.g. Image, Video and Audio assets. All media is converted and optimized for your profile, then deleted.
- CALL OUTS – A directory of jobs in the creative professional community.
- TOOLS – A collection of detailed and down-loadable tools to guide the creative industry.
- NOTIFICATIONS – Emails to Creatives of Call Outs, invitations for Creative Seekers to provide feedback and latest News and Resources.
- OTHER FEATURES – You may also conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free REVOLUTION CREATIVE account.
REVOLUTION CREATIVE is not for use by anyone under the age of 13.
It is your responsibility to keep your login information and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must notify us as soon as possible. You must also change your password immediately. You agree to indemnify CREATIVE REVOLUTION against any and all liability we suffer arising out of your failure to maintain the confidentiality of your username and password.
You confirm that the information you provided to us on registering as a registered user was at the time you provided it current, complete and accurate, and you agree to maintain and update the information as required to keep it so.
You will own all the content and information that you submit to your account.
You can end this right by deleting content from your account, or by closing your account, except where (a) you shared it with others and they used, copied, or stored it, (b) we shared it with others and they used, copied, or stored and (c) we are required to retain such content as part of our client records, as required by law and/or as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
You agree you will only provide content or information that is truthful, complies with the law and does not infringe anyone’s rights (including intellectual property rights).
You agree that we have no obligation to maintain copies of any content or information that you or others provide.
If you use any communication tools available through the REVOLUTION CREATIVE website (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the REVOLUTION CREATIVE website, including (without limitation) offers of goods or services for sale, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the REVOLUTION CREATIVE website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the REVOLUTION CREATIVE website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the REVOLUTION CREATIVE website are legitimate as we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: firstname.lastname@example.org.
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (“Content”) which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. REVOLUTION CREATIVE does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will REVOLUTION CREATIVE be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
USER CONDUCT & CONTENT
The Site and the Services are provided to you solely for information, linking you directly to creative seekers and organizational purposes. You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, REVOLUTION CREATIVE reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services. There is no obligation on us to test the accuracy of your content
b. without limitation of the foregoing, not to use the Site or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of REVOLUTION CREATIVE, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of the Site is also prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in REVOLUTION CREATIVE. Appropriate legal action will be taken for any unauthorized use of REVOLUTION CREATIVE.
d. that REVOLUTION CREATIVE is not responsible for material submitted to REVOLUTION CREATIVE or posted to the Site by Users. REVOLUTION CREATIVE does not pre-screen, monitor, review or edit the Content posted by Users. However, REVOLUTION CREATIVE and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. REVOLUTION CREATIVE is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to REVOLUTION CREATIVE You agree to immediately notify REVOLUTION CREATIVE of any unauthorized use of the Service or any other breach of security that you know or suspect.
To the extent permitted by law, we (and our officers, employees, agents and related companies and other bodies corporate) exclude all liability (including in contract, for negligence or otherwise) for any loss, damage (whether direct, indirect or consequential and including loss of data, opportunities, reputation or profits), costs or expenses suffered by you or in respect of claims made against you, however caused, in connection with:
- your use of our website (and its materials and services) or any other website that you access via the REVOLUTION CREATIVE website;
- any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to our website or any other website that you access via the REVOLUTION CREATIVE website;
- any fraudulent or unauthorised use of your REVOLUTION CREATIVE account; and
- your use of any products, goods or services supplied or offered on the website or communicated to you by any one or by any advertisement via the REVOLUTION CREATIVE website.
These Terms must be read subject to our obligations to you to guarantee the quality and fitness for purpose of our services under relevant consumer legislation including Consumer Guarantees Act 1993 and the Fair Trading Act 1986 and the Contract and Commercial Law Act 2017. Nothing in these Terms overrides or restricts those obligations. However, we emphasize that we do not provide those guarantees in relation to products or services supplied to you by any advertiser.
CHANGES TO OUR WEBSITE
We may change or discontinue any of the services we provide through the website at any time. We are not obligated to store or display any information, articles or content on our website and can remove it in our sole discretion, with or without notice to you.
ADVERTISERS & SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that REVOLUTION CREATIVE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
This Site is not intended for use by children under thirteen (13) years of age, and REVOLUTION CREATIVE does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. REVOLUTION CREATIVE may, at its discretion, require Users under 18 to obtain the consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
You may be able to link to third parties’ Sites (“Linked Sites”) from the REVOLUTION CREATIVE Site. Linked Sites are not, however, reviewed, controlled, or examined by REVOLUTION CREATIVE in any way and REVOLUTION CREATIVE is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply REVOLUTION CREATIVE’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall REVOLUTION CREATIVE be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. REVOLUTION CREATIVE reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
Linked sites may contain content and graphics that may be offensive, including but not limited to sexually explicit material unsuitable for minors. If you enter these linked sites, you assert that you are of legal age in your jurisdiction to view such materials and that the viewing, reading, and/or downloading of content from these linked sites does not violate NZ community standards.
THIRD PARTY CONTENT
Articles, reports or content on the website provided by a named third party express their views, and do not necessarily reflect the views of REVOLUTION CREATIVE.
You acknowledge that all content on the website is our exclusive property or is used with the express permission of the copyright and/or trademark owner. No content featured here may be reproduced, published or transmitted without our prior written consent. Copyright, trade mark or other intellectual property right infringement will result appropriate legal action being taken against you for any such infringement
‘REVOLUTION CREATIVE’ is our trademark. All rights in this trade mark are expressly reserved. Unless otherwise indicated, all other trademarks appearing on the website are the property of their respective owners and may not be used by you without obtaining the owners’ express permission.
By providing feedback to us regarding our website, you agree we can (but do not have to) use and share such feedback for any purpose without compensation to you.
a. You acknowledge and agree that all information including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Thus, all Content is either the copyrighted property of REVOLUTION CREATIVE, or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors. As between REVOLUTION CREATIVE and you, REVOLUTION CREATIVE is the sole owner of all REVOLUTION CREATIVE -generated content on the Site, including without limitation, all applicable copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participants, being either of professional creatives or Creative Seekers, in REVOLUTION CREATIVE retain all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant’s Content), subject to the non-exclusive rights in the licenses granted to REVOLUTION CREATIVE under this agreement. The Participant is free to grant similar rights to others during and after the Term of this Agreement.
c. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
d. Unless expressly permitted by REVOLUTION CREATIVE or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service.
e. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark that has not been expressly authorized by us.
You agree to indemnify and hold REVOLUTION CREATIVE its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including all legal fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Content infringes the rights of any third party).
CONTRIBUTIONS / DONATIONS
You acknowledge and agree that REVOLUTION CREATIVE may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of REVOLUTION CREATIVE, its Users or the public.
a. You understand that the technical processing and transmission of the Site, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. REVOLUTION CREATIVE assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other Users to REVOLUTION CREATIVE.
b. Any or all Content on the Site may be purged periodically at REVOLUTION CREATIVE’s sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by REVOLUTION CREATIVE or submitted to REVOLUTION CREATIVE. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of REVOLUTION CREATIVE, and REVOLUTION CREATIVE does not support or endorse Content posted or submitted by you or any User.
c. In operating this site, REVOLUTION CREATIVE does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to REVOLUTION CREATIVE, will be deemed not to be confidential or secret. By submitting or sending information or other material to REVOLUTION CREATIVE you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above (“User Conduct and Content”).
You acknowledge that your use of the website and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, REVOLUTION CREATIVE and its service providers do not make any warranty that the website or services will be error free, without interruption or delay or free from defects in design or engineering.
USING OUR WEBSITE
You agree that when using the website, you will not
1. Develop, support or use software or any other means to scrape the website or otherwise copy data from the website;
2. Bypass or circumvent any access controls or use limits;
3. Copy, distribute or use any information obtained from the website without our consent;
4. Violate the intellectual property rights or other right of REVOLUTION CREATIVE or any others;
5. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the website or any related technology;
6. Access the website except through the interfaces expressly provided by REVOLUTION CREATIVE;
7. Use the website for tasks that it is not intended for;
8. Override any security feature of the website; and/or
9. Interfere with the operation of, or place an unreasonable load on, the website.
If you make contact with a person or company through the website and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the website without the prior consent of that person.
To the maximum extent permitted by law, you specifically agree to indemnify and hold REVOLUTION CREATIVE and its affiliates, employees, agents, representatives and third-party service providers, harmless from any and all claims and liabilities we suffer relating to your use of the website, the services REVOLUTION CREATIVE provides or their use by any person on your behalf, or your failure to comply with these terms and conditions.
Upon termination of your account you will be restricted from accessing any member restricted area of the website and submitting any material to us. Any material or information previously submitted by you or other information held by us in relation to your use of the website or services may be deleted and if this occurs it cannot be returned to you.
APPLICABLE LAWS / JURISDICTION
a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data.
b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of New Zealand shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with REVOLUTION CREATIVE or relating in any way to your use of the Site shall be in the courts located in New Zealand, and you further agree and expressly consent to the exercise of jurisdiction in such courts in connection with any such dispute, including any claim involving REVOLUTION CREATIVE or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
If any dispute arises between you and us, we both agree in good faith to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any formal legal action.
Please note that any dispute which arises in relation to any product or service you access or are introduced to via REVOLUTION CREATIVE must be resolved between you and the relevant Advertiser. You agree that REVOLUTION CREATIVE has no responsibility for the quality, suitability or any other aspect of any product or service that is advertised on this website and you will not involve us in any dispute or in the resolution of disputes that arise between you and an Advertiser.
The illegality, invalidity or unenforceability of any part of the Terms will not affect the legality, validity or enforceability of the remainder.
These Terms are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms.
Updated: January 2019