Terms for Creatives

1. Our Offering

1.1

Zealous provides a creative network via Our website at zealous.co (the “Site”) for registered users (“Creative Talent”) to showcase their work for free, and a simple and quick way for registered users looking for Creative Talent (“Organisers”) to submit opportunities for Creative Talent to respond to (“Opportunities”). Organisers collect submissions of work (“Submissions”) together with payments from Creative Talent where appropriate, (collectively the “Services”).

1.2

Registered users offering one or more Opportunities are deemed Organisers; registered users who are responding to Opportunities are deemed Creative Talent and a registered user can be deemed to be both an Organiser or Creative Talent depending on the

1.3

These Terms relate to “Creative Talent”, For terms of service that apply to You as an Organiser, please see Organiser Terms here.

2. Our contract with you

2.1

These are the Terms on which We shall supply services to You together with our Terms of use which you have already accepted upon registration on the Site.

2.2

If You wish to respond to an Opportunity You can do so by submitting an online application form with the relevant fee if appropriate (see 2.3 below) (“Application Form”).

2.3

Where an Opportunity requires a fee to be paid (“Submission Fee”) submitting an Application Form constitutes an offer by You to purchase the Services as specified in the Opportunity in accordance with these Terms.

2.4

A contract will come into force between Us when We accept Your Application Form by notifying you in writing by email and are in receipt of payment of any relevant fee in full (the “Contract”).

2.5

Please read these Terms carefully, and check that the details on any Opportunity and in these Terms are complete and accurate before You respond to any Opportunity. If You believe that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to You.

3. The Services

3.1

As Creative Talent, You may visit the Site, create a portfolio, add projects, tag collaborators (all of which are more specifically set out on the Site), interact with other users and have recommended Opportunities sent to You directly, all for free.

3.2

As Creative Talent You may also submit Your work to Opportunities which may, or may not be subject to a Submission Fee as set by the Organiser.

3.3

You also have the ability to create Opportunities. If you do so, You will be recognised on the Site as both Creative Talent and an Organiser. As Creative Talent offering Opportunities, You will also have to abide with the terms for Organisers here.

3.4

Users may also be invited to judge a selection for an Opportunity and should they accept, they will become judges for that Opportunity (“Judges”).

3.5

Submissions to Opportunities will close at the expiry of the deadline for Submissions set by the Organisers.

3.6

Organisers have full responsibility for:

3.7

Zealous will not at any time bear any responsibility to any party in respect of the Organisation’s compliance with the Online Schedule and obligations in respect of the offer to Creative Talent of any prize or reward offered, at the end of the relevant Opportunity or at any point.

4. Price and Payment

4.1

The value of Submission Fees is set by the Organiser of that Opportunity and may attract VAT as appropriate.

4.2

Fees charged by Zealous shall be set out in our price list in force at the time that we accept the Opportunity (“Price List”) and shall be subject to VAT at the prevailing rate (the “Zealous Fee”).

4.3

Should your payment for a Submission not be processed for any reason, your Submission will not be accepted until the necessary fee is paid in full. Once paid, the Submission will be made available to the Organisers for selection.

4.4

Payment terms:

4.5

Payments made through our Site are all transacted through third party payment service methods, such as Stripe, (collectively, “Payment Gateways”). When using a Payment Gateway, users are bound by the applicable terms of use governing that specific Payment Gateways’ service.

4.6

Zealous will not at any time bear any responsibility to any party in respect of services provided by any Payment Gateway.

4.7

Please see also the terms relating to additional charges set out in clauses 5.3 and 10.3.

5. Providing Services, Additional Charges And Suspension Of Services

5.1

Subject to these Terms, We shall supply the Services to You for the duration of time You are registered on the Site.

5.2

We will make every effort to complete the Services on time. We warrant to You that the Services will be provided using reasonable care and skill.

5.3

If We suspend any of our Services, You do not have to pay for the Services while they are suspended, but this does not affect any Charges You have already paid to Us.

5.4

We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between You and Us in writing to the Services. We will contact You to let You know in advance where this occurs, unless the problem is urgent or an emergency.

6. Cancellation

6.1

If You are acting in the capacity of a consumer (which is defined in Regulation 4 of Consumer Contracts Regulations 2013 as ‘an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession’ by, You have certain additional rights as set out in this section.

6.2

If You are a consumer and have made payment of a Submission Fee which is £42 or more, you may be entitled to a refund during the 14-day period after You have entered a Submission (“Cooling-Off Period”). However, once we have completed the Services You cannot change Your mind, even if the Cooling-Off Period is still running.

6.3

You are not entitled to a refund within the Cooling-Off Period if the Submission Fee is less than £42.

6.4

For the avoidance of doubt, if you are using the Site as Creative Talent the Services will be deemed to have been fully performed as soon as You receive an email from Us acknowledging receipt of Your Submission. This means that by sending Us Your Submission, You accept that We will provide the Services to You immediately and You agree to waive Your right to the Cooling-Off Period. You will be required to specifically confirm this when you send in your Submission.

6.5

To end the Contract, please let Us know as soon as possible as follows:

6.6

If You are entitled to a refund under these Terms We will refund you the relevant Submission Fee paid for the Services by the method You used for payment. We will make any refunds due to You as soon as possible.

7. Your Obligations

7.1

To be a registered user of Zealous you agree to:

7.2

Due to the nature of some of the content and materials on the Site you must be at least 16 years old, or the legal age of majority of the jurisdiction in which you reside if this is higher than 16 years old, in order to register and use the Site.

7.3

You are responsible for maintaining the confidentiality of your password for your account, and are fully responsible for all activities that occur under your account. Zealous will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

7.4

Zealous reserves the right to suspend or terminate your account at our discretion and without notice should we have reasonable grounds that you have breached any clauses in 7.1 and 7.2.

7.5

We also reserve the right to suspend or end the Services at any time at our discretion and without notice if You cause Us legal liability, disrupt the Services or disrupt others’ use of the Services.

7.6

Should any dispute arise between Organisers or Creative Talent as to ownership of their Zealous account, you agree that Zealous shall be the sole arbiter of such dispute in its sole discretion and that Zealous’s decision shall be final and binding for all parties.

8. Content

8.1

As a Creative Talent you may upload, submit, post or share on the Site images, video, text, music, sound, audio file or other content (“Content”).

8.2

Any Content uploaded to our Site by You will be considered non-confidential and non-proprietary.

8.3

For the purposes of these Terms, intellectual property includes: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in good will or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for a renewals or extension of such rights, and all similar or equivalent rights or forms of protection in any part of the world (“Intellectual Property”).

8.4

Subject to clause 8.5 below, You retain all of your ownership rights in Your Content. By using the Site you do not grant Zealous or any third parties including Organisers any ownership to your Intellectual Property. You retain all copyright and ownership to your Intellectual Property.

8.5

You are however required to grant Us a limited licence to use, store and copy such Content and to distribute and make it available to third parties including Organisers. By adding Content to the Site, whether by uploading, embedding, pasting or otherwise, You grant to Zealous a worldwide, non-exclusive, royalty free, transferrable right and licence to use, reproduce, distribute, display, transfer and form Your Content in connection with the Services, and to us the Content to promote You and the Services.

8.6

We do not review or screen any Content that You upload, submit, post, or share on the Site, although We do reserve the right to do so. You understand that by using the Services You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Services at Your own risk.

8.7

We do not endorse any content or views expressed in any Content and We are not responsible or liable in any manner for any conduct by any Creative Talent or for any Content.

8.8

Whenever You upload Content to the Site or use a feature that allows You to make contact with other users of the Site You must comply with the content standards set out in Our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and You will be liable to Us and indemnify Us for any breach of that warranty.

8.9

You shall indemnify Us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all and other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with any claim made against Us for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services.

9. Your Personal Information

9.1

We will use the personal information You provide to Us to:

9.2

We will only use your personal data as set out in our privacy policy.

9.3

We will not give Your personal data or information to any third party, save as where required in connection with the Services and in line with our Privacy Policy. For the avoidance of doubt, this includes sharing your information with Organisers who have offered Opportunities you have responded to. Data shared in this instance includes, but is not restricted to Your contact details, Your Profile and Your Content submitted in respect of any such Opportunity.

10. Our Liability To You

10.1

If we fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.

10.2

We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.

10.3

We give no warranty to You as to the availability of any Payment Gateways to which We provide links on the Site (including, without limitation, Stripe) or their suitability for payments for the Services purchased, and We disclaim any liability for any losses that You suffer as a result of or arising from using any such payment gateway.

10.4

Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

11. Information About Us And How To Contact Us

11.1

We are a company registered in England and Wales. Our company registration number is 07612253 and Our registered office is at Zealous Solutions Ltd, No.6, 1 Stannary Street, SE11 4AD, London, U.K. Our registered VAT number is 225291128.

11.2

We greatly appreciate any feedback on Your use of the Services. Your feedback is important to us and will help us to identify improvements to our Services. If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at +44 (0) 20 8142 8874 or by e-mailing Us at [email protected].

11.3

In the unlikely event that You are unhappy with the Services:

11.4

If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing, You can send this to Us by e-mail, by hand, or by pre-paid post to Zealous Solutions Ltd, No.6, 1 Stannary Street, SE11 4AD, London, U.K. and/or [email protected]. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us in Your Application Form or Profile as appropriate.

12. Other Important Terms

12.1

Subject to clause 12.2, the Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

12.2

We may transfer Our rights and obligations under these Terms to a third party, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.

12.3

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If any invalid, unenforceable or illegal provision of these terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

12.4

If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

13. Dispute Resolution

13.1

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We hope that we would be able to resolve any complaint you may have internally. However, if you are not happy with how we have handled any complaint, we would seek to resolve this matter with you through an independent third party. Under current law we are obliged to provide you with details of an alternative dispute resolution provider. The provider that we would refer any matter to is CEDR whose details can be found at http://www.cedr.com/.

13.2

Online Dispute Resolution. If you enter into an online Contract with us, including an email Contract, you may wish to use the European Commission’s Online Dispute Resolution (ODR) platform to resolve any disputes that may arise between us. The ODR platform can be found at https://webgate.ec.europa.eu/odr/.

14. Governing Law And Jurisdiction

14.1

These Terms and any dispute or claim arising out of or in connection with our Contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14.2

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or our Contract its subject matter or formation (including non-contractual disputes or claims).