THE FOLLOWING DESCRIBES THE TERMS UPON WHICH Creative Ensemble Inc. OFFERS YOU ACCESS TO OUR SERVICES. Use of this website or registration as a member constitutes acceptance of the Creative Ensemble Inc. (Creativeensemble.com) User Agreement including, without limiting same, the privacy policy and infringement Sections associated therewith.

WELCOME

Welcome to Creative Ensemble Inc.'s User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at creativeensemble.com ("the site"). If you have any questions, please contact us by e-mail at info@creativeensemble.com.

We may amend this Agreement at any time by posting the amended terms on our site. This Agreement may not be otherwise amended except in writing signed by you and Creative Ensemble Inc. This agreement was last revised on October 30, 2003.

Throughout this agreement, the word site will refer to creativeensemble.com.

1. Membership.
   
   Registration of a Résumé, Job Opportunity, or any other posting, in addition to confirming agreement with this User Agreement, constitutes an application for membership and completion and filing of same is evidence of your agreement with all provisions of this User Agreement, the terms of membership associated therewith including all fees and service charges to be paid.
   
   
2. Membership Restriction.
   
   Notwithstanding the Applicant's inclusion of material in the Creative Ensemble Inc. website, the Applicant shall abide by all agreements between the Applicant and any agency with whom the Applicant currently has professional representation or professional management ("agency"). Creative Ensemble Inc. shall not be liable in anyway for any breach of contract with such an agency or any similar contract or agreement entered into by the Applicant. Your filing the request for membership shall constitute your agreement to indemnify and save Creative Ensemble Inc. harmless in every respect in regard to any such outside relationships.
   
   
3. Membership Eligibility.
   
   Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor (this means under the age of 18 according to the laws of the Province of Ontario, Canada, your parent or guardian must accept this agreement on your behalf). If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended Creative Ensemble Inc. members.
   
   
4. Fees and Services.

   4.1   There is no charge to browse on creativeensemble.com. Our Fees and Credits Policy is available at our Fees section. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the Policy are effective fourteen (14) days after our posting the changes on the site.

   4.2   We may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the site. When you post a Résumé, or Job Opportunity, or any other posting, you have an opportunity to review and accept the fees that you will be charged for the use of our listing services.

   4.3   We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using our service and our web site and all applicable taxes.

   4.4 Overview.   Our site acts as the venue for Résumés, Job Opportunities and other information. Creativeensemble.com is only a venue. We are not involved in the actual transaction between employers and employees or anyone else using our services. We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction. We cannot ensure and do not in any way represent that the information that has been posted is accurate.

   4.5   Permission is granted to download the material contained on the website for personal non-commercial transitory viewing only. This is the grant of a license, not a transfer of title and under this license you may not:
   
   

   1. modify or copy the materials;
   2. use the materials for any commercial purposes or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on the website;
   4. remove any copyright or other proprietary notation from the materials; and
   5. transfer the material to another person or "mirror" the materials on any other server.

   4.6   This license shall automatically terminate if you violate any of these restrictions, this User Agreement or may be terminated by Creative Ensemble Inc. at any time.

   4.7 Safe Posting.   Because user authentication on the Internet is difficult, Creative Ensemble Inc. cannot and does not confirm each user's purported identity. IF YOU BELIEVE THAT SOMEONE IS IMPERSONATING YOU ON OUR WEBSITE PLEASE EMAIL US IMMEDIATELY. We encourage you to communicate directly with potential contracts. You may also wish to consider using a third party escrow service or services that provide additional user verification.

   4.8 Release.   Because we are not involved in the actual transaction or exchange between parties, in the event that you have a dispute with one or more users, you release Creative Ensemble Inc. (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) 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 ß1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

   4.9   The Applicant acknowledges and warrants that the Applicant is fully authorized to provide Creative Ensemble Inc. and the website the rights to publish the Applicant's photos and information on the world wide web ("the web") and the Applicant is responsible for obtaining any releases with respect to any copyright or other intellectual property rights. The Applicant certifies that the information on any Résumé or any other POSTING submitted is true and correct. The Applicant understands that submitting false information is considered a breach of this agreement which may result in the Résumé being deleted from the site.

   4.10   All materials on the website are provided on an "as is" basis. Creative Ensemble Inc. makes no warranties, express or implied, and hereby disclaims and negates all other warranties including without limitation, applied warranties or conditions of use, fitness for a particular purpose, or non infringement of intellectual property or other violation of rights. Creative Ensemble Inc. does not warrant or make any representations concerning the accuracy, likely results or reliability of the use of the materials on its website or otherwise relating to such materials on any sites linked to this site.

   4.11 Information Control.   We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safety when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

5. Listing and Selling.

   5.1 Listing Description.   Listings may only include text descriptions, graphics and pictures you supply to our site (or that you link to from our site) that describe your item for sale (or as appropriate, for which are soliciting offers to buy). All listed items must be listed in an appropriate category. All items must be identical (the size, color, make, and model all must be the same for each item).

   5.2 Fraud.   Without limiting any other remedies, Creative Ensemble Inc. may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

   5.3 Manipulation.   No user may manipulate any other user's listings or sales.

6. Your Information.
   
   "Your Information" is defined as any information you provide to us or other users in the registration, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:

   6.1 Your Information (or any items listed therein):
   
   

   1. Shall not be false, inaccurate or misleading;
   2. Shall not be fraudulent or involve the sale of counterfeit or stolen items;
   3. Shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
   4. Shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
   5. Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
   6. Shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section (if applicable) and shall be distributed only to people legally permitted to receive such content;
   7. Shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
   8. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
   9. Shall not link directly or indirectly to or include descriptions of goods or services that:
      (aa) are prohibited under this Agreement;
      (bb) are concurrently listed for sale on a web site other than creativeensemble.com; or
      (cc) you do not have a right to link to or include. Furthermore, you may not list any product on our site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items list (see Infringement Section).

   6.2   Solely to enable Creative Ensemble Inc. to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Creative Ensemble Inc. will only use Your Information in accordance with our Privacy Policy.

   6.3   Information supplied by the Applicant is assumed to be accurate and the owner therefore assumes no responsibility or liability of any kind regarding any choices made or not made by website users, the actions of any services used or not used by the website users or any change in the nature, business status or any other characteristic of the individual service or information provided.

   6.4   The software and website design is owned by Creative Ensemble Inc. or its licensors and is protected by Canadian Copyright Laws and International Treaty provisions. You are not permitted to copy the software for archival or any other purpose.

   6.5   As information on the website is protected by copyright and other intellectual property laws, all rights, including but not limited to copyright (title and interest in information) are reserved to and owned by the information providers or their licensors.

   6.6   You may not modify, translate, reverse, engineer, decompile, disassemble or recreate derivative works based upon the software or contents of the website or remove any proprietary notices or labels it contains. All applicable rights to patents, copyrights, trademarks and trade secrets in the software, website or any modifications shall be and remain in the Owner.

7. Access and Interference.
   
   Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Creative Ensemble Inc. site or any sale being promoted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Creative Ensemble Inc. by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our web site without the prior expressed written permission of Creative Ensemble Inc. or the appropriate third party.
   
   
8. Breach.
   
   Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you:
   (a)   if you breach this Agreement or the documents it incorporates by reference;
   (b)   if we are unable to verify or authenticate any information you provide to us; or
   (c)   if we believe that your actions may be detrimental to Creative Ensemble Inc., creativeensemble.com or cause legal liability for you, our users or us.
   
   
9. Privacy.
   
   We may be trustee certified at some time in the future without notice to you. Any organization, or organizations of like nature to which we may subscribe, will be dedicated to building trust in the Internet by having member organizations such as Creative Ensemble Inc. disclose information practices. Our policy on privacy would be held to high standards by these independent third party organizations. Our current Privacy Policy is available and can be reviewed at Privacy Policy.
   
   
10. No Warranty.
    
    We and our suppliers provide our web site and services "as is" and without any warranty or condition, express, implied or statutory. We and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some States and Provinces do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Notwithstanding this disclaimer you may have you specific legal rights and may also have other legal rights which vary from province to province and state to state.
    
    
11. Liability Limit.

    11.1   Creative Ensemble Inc. shall not be liable for any matter, thing, premise, offer, service, benefit, representation or otherwise arising from the posting of a Résumé or Job Opportunity or any other posting on the site.

    11.2   In no event shall Creative Ensemble Inc. or its suppliers be liable for any damages (including without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on the website for any reason whatsoever, even if Creative Ensemble Inc. or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. This limitation shall apply in all circumstances including where, for any reason whatsoever, the website fails to operate.

    11.3   In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).

    11.4   Our liability, where not prohibited by law, and the liability of our suppliers, if any, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) $100.

12. Indemnity.
    
    You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal costs, including solicitor-client fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
    
    
13. Legal Compliance.
    
    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your purchase, solicitation of offers to purchase, and sale of items.
    
    
14. No Agency.
    
    You and Creative Ensemble Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
    
    
15. Notices.
    
    Except as explicitly stated otherwise, any notices shall be given by postal mail to Creative Ensemble Inc. Inc. Attn: 9200 Dufferin Street, PO Box 20014, Concord, Ontario, Canada L4K 0C8 (in the case of Creative Ensemble Inc.) or to the email address you provide to Creative Ensemble Inc. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to Creative Ensemble Inc. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
    
    
16. Arbitration.
    
    Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the Arbitration Act of the Province of Ontario as amended from time to time. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ontario, Canada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Creative Ensemble Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Ontario, Canada necessary to protect the rights or property of you or Creative Ensemble Inc. pending the completion of arbitration.
    
    
17. Additional Terms.

    17.1   The following documents are incorporated by reference: Our Privacy Policy is available at Privacy Policy. We may change our Privacy Policy from time to time and our changes are effective from the time the changes first appear on the site.

    17.2   Our Prohibited, Questionable & Infringing Item Policy is available at Infringement. We may change the Prohibited, Questionable & Infringing Item Policy from time to time and our changes are effective after we post the changes on the site.

    17.3   Our Fees and Credit Policy is available at Fees Section.

18. General.

    18.1   This Agreement shall be governed in all respects by the laws of the Province of Ontario, Canada as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario, Canada residents.

    18.2   We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.

    18.3   If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

    18.4   Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    18.5   Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

    18.6   This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

19. Disclosures.
    
    The services hereunder are offered by Creative Ensemble Inc., located at 9200 Dufferin Street, PO Box 20014, Concord, Ontario, Canada L4K 0C8
    
    If you can't find an answer to your question here, Ask Creative Ensemble Inc. at info@creativeensemble.com.