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The following Terms and Conditions of Service apply to all products and services provided by Creation Booth Limited.
All work is carried out by Creation Booth Limited on the understanding that the client has agreed to Creation Booth Limited's terms and conditions.
Copyright is retained by Creation Booth Limited on all design work and resource files including pictures, ideas, visuals and illustrations. No resource files will be shared with the customer, only the agreed final print-ready pdf and promotional jpg's, or, the actual printed project delivered to your supplied delivery address. Should any iStock (or similar stock images) be purhcased and licensed to use, obviously the image will belong to the author and a copy will be sent if requested.
If a choice of designs are presented, only one solution is deemed as fulfilling the contract with Creation Booth Limited. All other designs and idea's remain the property of Creation Booth Limited.
If an author withdraws from their publishing agreement with us prior to the publication of their book, we reserve the right to retain all fees paid to cover cancellation charges and work completed by us and/or commissioned on the author's behalf.
Project Acceptance
At the time of proposal, Creation Booth Limited will provide the customer with a written or verbal estimate or quotation. A copy or email of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Creation Booth Limited before any work is carried out. Alternatively, the client may send an official order or email in reply to the estimate or quotation which binds the client to accept Creation Booth Limited's terms and conditions. No work on a project will commence until either document has been received by Creation Booth Limited.
Design Charges
Charges for design services to be provided by Creation Booth Limited, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due for work to commence. Once the final 'signed off' artwork is reached an invoice will be created including all remaining costs and any additional work received. Once the final invoice amount is paid the final high resolution artwork will be sent via email or printed and delivered to the agreed address. The final product is what has been printed and/or the final high resolution artwork released after full payment is received. Any resource files or programmes that have been used to create and reach the final product will remain the property of Creation Booth Limited and not part of the final production.
Charges for Other Services
Charges for any additional work or services over and above the initial quotation will be agreed first and then added to the final invoice, additional to the original agreed quote. Should an initial meeting require work to be undertaken by Creation Booth Limited prior to a formal contract being exchanged, such work will be liable for charge at cost for materials, time and any itemised expenses incurred, regardless of whether the customer subsequently decides to enter into a formal contract with Creation Booth Limited or otherwise.
Copyright, authors' rights and database rights
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads is the property of Creation Booth Limited, its affiliates or its content suppliers and is protected by Luxembourg and international copyright, authors rights and database right laws.
The compilation of all content on this website is the exclusive property of Creation Booth Limited and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Creation Booth Limited, our affiliates or our software suppliers and is protected by Luxembourg and international copyright and authors rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Creation Booth Limited express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Creation Booth Limited's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Creation Booth Limited's express written consent.
Trademarks
Creation Booth Limited, the Creation Booth logo and other marks indicated on our website are trademarks or registered trademarks of creationbooth.com. or its subsidiaries (collectively "Creation Booth Limited "), in the European Union and/or other jurisdictions. Creation Booth Limited graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade address of Creation Booth Limited. Creation Booth Limited trademarks and trade dress may not be used in connection with any product or service that is not Creation Booth Limited i, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Creation Booth Limited. All other trademarks not owned by Creation Booth Limited that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Creation Booth Limited.
Customs
When ordering goods from Creation Booth Limited for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Creation Booth Limited, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Electronic communications
When you email Creation Booth Limited, for contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications cover. This condition does not affect your statutory rights.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City.
This website is owned and operated by Creation Booth Limited.
Notice and Procedure for Making Claims of Infringement
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Creation Booth Limited and its affiliates the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Creation Booth Limited and its affiliates for all claims brought by a third party against Creation Booth Limited or its affiliates arising out of or in connection with the submission of a Notice Form.
Important Warning: giving false, misleading or inaccurate information in the Notice to Creation Booth Limited may result in civil liability. You should contact a solicitor should you have any questions.
Business Meetings
Creation Booth Limited trades through email or other agreed online services. Should a business meeting be needed to discuss a project, an appropriate venue and time will be agreed with the client and the meeting arranged. Creation Booth Limited does not hold Client or Customer meetings at its registered office and is therefore unable to participate in any unscheduled or impromptu meetings arising from a client or customer calling at the Creation Booth Limited registered office.
Payment
The customer will be provided with an Invoice prior to a final publication. At this time either the full cost, or the remainder of the amount due will become payable. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount. Payments may be made by BACS either at your local bank over the counter, or using your own online banking service. Publication and/or release of work completed by Creation Booth Limited on behalf of the client, may not take place before cleared funds have been received. Creation Booth Limited reserves the right to consider an account to be in default in the event of a returned cheque and all costs and consequences arising therefrom shall be the liability of the customer.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Creation Booth Limited shall be considered entitled to remove Creation Booth Limited and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid invoices due for services, including, but not limited to, domain name registration, website hosting, design and maintenance, sub-contracted work, printers, photographers and libraries. Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay Creation Booth Limited reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Creation Booth Limited for inclusion in the customer's website or other projects, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Creation Booth Limited on behalf of the customer, will remain the property of Creation Booth Limited's and/or it's suppliers. The customer may request in writing from Creation Booth Limited, the necessary permission to use materials (for which Creation Booth Limited holds the copyright) in forms other than for which it was originally supplied, and Creation Booth Limited may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the content, artwork, images, text, or other data to be used. By supplying images, text, or any other data to Creation Booth Limited, the customer grants Creation Booth Limited permission to use this material freely in the pursuit of the design. Should Creation Booth Limited, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Creation Booth Limited's to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Creation Booth Limited free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the design proof will be liable to additonal charges. The customer also agrees that Creation Booth Limited holds no responsibility for any amendments made by any third party, before or after a design is published.
Proofs
On all jobs, proofs will be emailed or posted and require a 'final sign off' before production continues, this will ensure that what you sign off is what you will receive.
Printing
For printed jobs and projects, full payment of final invoice will need to be paid in full before printing can proceed including any delivery costs that may occur. Every effort will be made to reproduce the best possible colours of the customer's final work (as all monitor's display differently). It is accepted that in the printing process, colour variation may occur. A huge range of media's are available in many variations, with many different coatings and finishes which can effect the final printed job. Although everything will be done to ensure the closest match possible, Creation Booth Limited cannot guarantee any exact colour match to the final signed off 'on-screen' proof or matching anything previously printed due to stock, ink, temperature variations that occur. Depending on the needs of the printing Creation Booth Limited will outsource printwork to other companies to produce the best value, printing, finishing and delivery possible.
Any design, copy writing, drawing, idea or code created for the customer by Creation Booth Limited, or any of it's contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Creation Booth Limited and any of it's relevant sub-contractors. All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Creation Booth Limited will not be held responsible for any and all damages resulting from such claims. Creation Booth Limited is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Creation Booth Limited responsible for any such loss or damage. Any claim against Creation Booth Limited shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Creation Booth Limited's definition of acceptable means of supplying data to the company. Text is to be supplied to Creation Booth Limited in electronic format as standard text (.txt), MS Word (.doc), DVD, CD-ROM or via email. Images which are supplied in an electronic format, are to be provided in a format as prescribed by Creation Booth Limited via email, DVD, CD-ROM or email. Images must be of a quality suitable for use without any subsequent image processing, and Creation Booth Limited will not be held responsible for any image quality which the client later deems to be unacceptable. Creation Booth Limited cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by Creation Booth Limited of a design project's duration is to be considered by the customer to be an estimation. Creation Booth Limited cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Creation Booth Limited for the initial payment or by date confirmed in writing by Creation Booth Limited.
Rights of Access for Website Construction
The client agrees to allow Creation Booth Limited all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Creation Booth Limited access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions. The customer agrees to supply Creation Booth Limited with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Creation Booth Limited considers the design project complete upon receipt of the customer's approval form, email or verbal conversation. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.
Website Design
Once website design is complete, Creation Booth Limited will provide the customer with the opportunity to review the resulting work. Creation Booth Limited will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Creation Booth Limited by email. Creation Booth Limited will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.
Hosting for Websites
Creation Booth Limited does not offer in-house hosting services but does offer website hosting and maintenance packages on outsourced servers and cannot guarantee a continuous service and will accept no liability for loss of service or loss of earnings, whatever the cause. Creation Booth Limited may request that clients change the type of hosting account used if that account is deemed by Creation Booth Limited to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.
Domain Registration
Creation Booth Limited cannot guarantee the availability of any domain name. Where Creation Booth Limited is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration. The Client's full contact details will be needed to register the domain name against.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site's ranking, Creation Booth Limited cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Design Credits
The customer agrees to allow Creation Booth Limited to place a small credit on printed material exhibition displays, advertisements and/or a link to Creation Booth Limited's own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The customer also agrees to allow Creation Booth Limited to place websites and other designs, along with a link to the client's site on Creation Booth Limited's own website for portfolio purposes and to use any designs in its own publicity.
Rights of Refusal
Creation Booth Limited will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Creation Booth Limited also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Creation Booth Limited does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Creation Booth Limited to remove the contravention without hindrance, or penalty. Creation Booth Limited is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by email. The client will be invoiced for all work completed to date and the balance of the invoice due must be paid on presentation. After a website domain name has been registered and/or hosted, it cannot be cancelled until the year, or agreed amount of years has expired and is still subject to the total invoice being paid. Any cancellation of design, design or print work which is not formally confirmed in writing and received by Creation Booth Limited pre the first visuals or proofs will still be liable for the full agreed cost of the project.
Disclaimer
Creation Booth Limited makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Creation Booth Limited will not be held responsible for any and all damages resulting from products and/or services it supplies. Creation Booth Limited is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Creation Booth Limited responsible for any such loss or damage. Any claim against Creation Booth Limited shall be limited to the relevant fee(s) paid by the customer. Creation Booth Limited reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Creation Booth Limited will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Creation Booth Limited and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Creation Booth Limited recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Creation Booth Limited reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Creation Booth Limited and validated by the customer's signature or email on the estimation or quotation, constitutes acceptance of the estimation or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Creation Booth Limited.
Privacy Policy
This privacy policy is for this website www.creationbooth.com and served by Creation Booth Limited and governs the privacy of its users who choose to use it.
The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.
Access to creationbooth.com
We will do our utmost to ensure that the availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Creation Booth Limited grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Creation Booth Limited. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Creation Booth Limited and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Creation Booth Limited or its affiliates' names or trademarks without the express written consent of Creation Booth Limited. Any unauthorised use terminates the permission or license granted by Creation Booth Limited.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Creation Booth Limited as long as the link does not portray Creation Booth Limited, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Creation Booth Limited logo or other proprietary graphic or trademark as part of the link without our express written consent.
The Website
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.
By using our web site, you consent to the collection and use of this information by Creation Booth Limited. If we decide to change our terms and conditions, they will be updated on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.
If you continue to browse and use this website you are agreeing to comply with and be bound by the terms and conditions, which govern Creation Booth Limited's relationship with you in relation to this website.
Cookie Policy
This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.
Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Creation Booth Limited, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
Creation Booth Limited aims to offer a professional service to it's clients. However, as with any activity relying on human action, mistakes can and do happen. Should you find an error within any of the services provided by Creation Booth Limited , please contact us as soon as possible and Creation Booth Limited shall undertake to correct same as quickly as possible.
Note that abusive emails (ie the use of foul language) from clients will not be responded to, and should such actions be taken against any member of staff of Creation Booth Limited, we reserve the right at such point to remove all services provided without recourse or refund.
You must not use the website for any of the following:
For fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety.
Contact & Communication
Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.
This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
External Links
Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites, similar to; www.kingstrains.co.ukor Kings Trains Models.)
The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo).
Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
Defamation claims
Creation Booth Limited operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content. Once this procedure has been followed, Creation Booth Limited will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time. |
