Terms of use

1. www.conceptcupboard.com (the "Site") is operated by Concept Cupboard Limited, a company registered in England and Wales, with registered number 07121688 and registered office at East House, 109 South Worple Way, London, SW14 8TN ("we", "us"). CONCEPT CUPBOARD is a trade mark.

2. These Terms of Use, and our Privacy Policy govern your use of the Site. If you do not agree with any provision in these Terms of Use and/or our Privacy Policy, please do not use this Site.

3. We reserve the right to amend these Terms of Use from time to time and at our discretion. It is your responsibility to review this page for updates to these Terms of Use. We also reserve the right to change, modify, suspend or discontinue all or any part of the Site at any time.

4. In these Terms of Use:
(i) "Project Owner" means an individual or organisation that posts a request for creative services;
(ii) "Fee" means the award noted in the Project Brief to be paid to the winning Response;
(iii) "Project" means a requirement for marketing services;
(iv) "Project Brief" means the form detailing the requirements of the Project;
(v) "Response" means a response to a Brief; and
(vi) "Creative" means an individual or organisation that responds to a post for creative services.

5. All intellectual property rights that may subsist in the Site belong to us and/or our licensors and to the extent permitted by law, you may not reproduce all or part of the Site without our prior written consent.

6. To register and use this website you must be at least 18 years old and legally able to enter into a contract in the United Kingdom. If you are registering with the Site as a business entity, you represent that you have the authority to bind that entity legally.

7. When you register with the Site you will create a username and password to access and use certain areas of the Site. You shall provide us with accurate account information. You are responsible for keeping your username and password confidential and you are responsible for any activity under your account and password. You shall immediately notify us of any unauthorised use of your password or account and we strongly advise that you exit from your account at the end of each session. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

8. You may not transfer your Concept Cupboard account (including feedback) and/or user name to another party without our consent.

9. Once registered, a Project Owner may draft a Project Brief to publish on the Site with details of the work required, the Fee on offer to the winning submission and the closing date. From March 1st 2011 there will be a charge for listing a Project Brief on the Site. Details can be seen below. We reserve the right to change the calculation of fees at any time. Any change in the calculation of the fees will not affect fees payable by a Project Owner or Creative for any project that has already been added to the Site prior to the fees changing.

Charges to Project Owners

* £25 is the minimum charge for listing a project on Concept Cupboard.
** £300 is the maximum charge for listing a project on Concept Cupboard.

Project Briefs may not contain any personal identifiable data (such as name, address and/or email). Please note that once the Project Brief is published on the Site, no changes can be made. Creatives may ask questions about the Project Brief which the Project Owner should respond to promptly.

10. Creatives should respond to Project Briefs through the Site and may change or update their Response up to the closing date. Responses may not contain any personal identifiable data (such as name, address and/or email) and all content in the Responses must be original to the Creative and not contain any third party content without the consent of such third party. This means that you must have the permission or pre-purchased the right to use any third party image, photo or other material in your Response. Your Response must give full details of the usage rights you have purchased in relation to any such third party materials. By submitting a Response, the Creative agrees that if their Response is selected by the Project Owner, they are entering into a binding agreement to deliver that Response in the format requested and for the Fee detailed in the Project Brief.

11. Following the closing date set out in the Project Brief, the Project Owner shall review all Responses and may ask Creatives questions in relation to their Reponses provided that the Project Owner may not materially change the scope of the Project Brief. Project Owners must treat as confidential all of the content in all of the Responses. All intellectual property rights that may exist in the Responses remain vested in the Creative. Accordingly, Project Owners have no rights to use and/or disclose to any third party the Responses except to consider them as set out above unless and until they select the winning Response and pay the Fee to the Creative.

12. We ask that the Project Owner acting fairly and reasonably rates all the Responses it receives on a scale of 1 to 10. They are also required to submit appropriate comments. The Project Owner should select the winning Creative based on the Reponses received within 7 days of the closing date and the winning Creative will be notified accordingly. At this point a contract is deemed formed between the Project Owner and the Creative for the supply of services. The Creative must carry out its obligations under the Project Brief except in the following limited circumstances: the Project Owner materially changes the scope or the Project after selecting the winning Creative and/or the Creative is unable to communicate with the Project Owner. The Project Owner must pay the Fee, save where no services are performed by the Creative. We advise Project Owners to check all assets supplied carefully.

13. Save where otherwise agreed between the Creative and the Project Owner, the Project Owner shall pay the Fee to the Creative within 7 days of receipt of the assets in the agreed medium as detailed in the Project Brief. The Project Owner should notify the Creative through the Site when payment of the Fee has been made. When the Fee is received by the Creative in full and cleared funds, all intellectual property rights in the Response shall be assigned to the Project Owner and the Creative agrees that, at the request of the Project Owner, it shall execute all documents necessary to effect such an assignment. You agree that we are not responsible for the fulfilment of any Project or for the payment to any Creative of any fees due from a Project Owner.

14. If acting fairly and reasonably and the Project Owner is not happy with any of the Responses, the Project Owner can refuse to select a winning Creative. This means that the Project Owner shall have no rights to use the information contained in any of the Responses in anyway and in these circumstances there is no refund of the listing fee.

15. If the winning Creative fails to deliver the assets as in accordance with the Brief, then the Project Owner is under no obligation to pay the Fee.

16. For 12 months following acceptance of a winning Response, if the Project Owner instructs the winning Creative to carry out further marketing services, the Project Owner shall notify us accordingly and pay a further sum equal to 20% of the fee for such services.

17. The Project Owner and Creative are each responsible for any and all tax obligations (including but not limited to value added, income and corporation tax) that may arise in relation to these Terms of Use.

18. These Terms of Use do not and are not intended to create any relationship of employer/employee, partnership and/or principal/agent.

19. You acknowledge and agree that the Site is designed for use by businesses and not consumers. When you add a Project Brief to the Site or enter into a Project agreement you are acting as a business and the Consumer Protection (Distance Selling) Regulations 2000 (as may be amended , updated or replaced) do not apply. There is no “cooling off” period.

20. From time to time, there may be interruptions to your use of the Site so that we can upgrade or otherwise maintain the Site and server. We may also remove the Site as a whole or any sections or features of the Site at any time.

21. When you upload content onto the site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right, together with the right to sub-license, to reproduce any and all copyright, trade marks, database rights and other intellectual property rights you have in all content you post on the Site, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

22. The Site may contain links to third party sites. You agree that we are not liable for any content contained in such third party sites, and that a link to a third party site does not imply any endorsement of that site or its content.

23. Whilst using the Site, you shall not:
(i) upload any content that is defamatory, offensive, vulgar, malicious, obscene or otherwise unlawful material, would cause offence to others on grounds of race, religion, creed or gender, infringes another party’s intellectual property rights or is false, inaccurate or misleading.
(ii) register under a false name or use an invalid or unauthorized email or physical address;
(iii) use another’s account without permission or transfer your account to another party;
(iv) distribute or post spam, chain letters, or pyramid schemes;
(v) take any action that may undermine the ratings system;
(vi) distribute viruses or any other technologies that may harm us, or the interests or property of our Site users;
(vii) copy, modify, or distribute content from the Site;
(viii) harvest or otherwise collect information about users of the Site, including email addresses, without their consent and ours; and/or
(ix) attempt to contact a Project Owner or Creative except through the Site.

24. Our site may include links to other websites. You understand that we have no control over such sites nor do we endorse such sites. You acknowledge and agree that we are not responsible for the availability of or the content of such sites and that we are not liable for any damage or loss caused by or in connection with the use or reliance on any such content of any such site.

25. Without prejudice to any other rights or remedies available to us, we may issue you with warnings, restrict, suspend or terminate your access to the Site and/or your ability to use any of the services on the site if:
(i) we believe that you are infringing the rights of third parties;
(ii) we believe that you are in breach of these Terms of Use;
(iii) we cannot verify or authenticate any information you provide to us;
(iv) your ratings and/or the comments noted by your responses are, in our reasonable opinion inappropriate for the service standards of the Site.

26. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions.

27. The Site is an online venue where Project Owners post Project Briefs, Creatives submit Responses and Project Owners select the winning Response. Unless otherwise agreed, we do not source or deliver projects or entries (including but not limited to Briefs and/or Responses). We do not endorse any user submitted content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users.

28. THE SITE IS PROVIDED "AS IS," AND YOUR USE IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF QUALITY, FITNESS FOR PURPOSE, PERFORMANCE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

29. TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE.

30. Notwithstanding the provisions of Clauses 27, 28 and 29, our total liability to you under these Terms of Use, whether based on contract, tort, breach of statutory duty or otherwise, shall be limited to the total fees that you have paid to us in the last 6 months.

31. You shall indemnify and keep indemnified Concept Cupboard Limited and its directors from and against all costs, claims, demands, liabilities, expenses, damages or losses arising out of or in connection with any act, omission, default, breach of statutory duty, negligence or breach of the Terms of Use on your part or the part of your employees.

32. These Terms of Use, including our Privacy Statement, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us.

33. The failure by us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

34. If any provision of the Terms of Use is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

35. We may assign or otherwise transfer our rights and obligations in terms of these Terms of Use to third parties.

36. These Terms of Use, including the Privacy Policy and any matter relating to the Site, shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

37. Essential Cookies - We use a number of cookies to allow you log in and remain logged in to the service. This allows you access and use of the services provided by Concept Cupboard.

38. Performance Cookies - Cookies are also in use to help us continually improve the website and therefore your experience on Concept Cupboard. This ranges from tracking how many daily visitors we have to the site through to what content is most popular. We use this data to ensure these resources are always accessible.

39. Preferential Cookies - Concept Cupboard will record certain choices you make on the site to make a record for future reference. For example, whether you opt into our newsletters or want to trial new functionality before other users.

40. Third party cookies - Our trusted partners will sometimes need to use cookies in order to track things such as the number of visitors we've had to the site, record if you've got to Concept Cupboard through clicking an advertisement.

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