RiseCreatives Terms & Conditions

1. Introduction

RiseCreatives, owners of this site, provide services to you subject to the following Terms and Conditions of Use. Please read the Terms and Conditions of Use carefully before using this site. By using this site, you agree to be bound by these Terms and Conditions of Use. If you do not agree to these terms and conditions of use, please do not use this site or any of the services.

2. Description of Services

RiseCreatives is a site, which offers graduates and established artists, designers and crafts people from a variety of disciplines the opportunity to exhibit their work. RiseCreatives provides online portfolio web space (both managed and self-managed), support PR, information and the online Studio for its members. To access these services you will have to become a member of RiseCreatives.

3. Becoming a member of RiseCreatives

When you become a member you agree that all the information you provide is true and complete. You agree to pay the annual membership fee and abide by the Terms and Conditions like any other user. The fee for this service is outlined on the Join Rise, How Rise can help? and FAQ pages of the site. RiseCreatives reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide and to institute new fees, charges or terms upon prior notice to members. We reserve the right to terminate any account at any time for any reason. You are solely responsible for providing at your own expense all equipment including a computer and modem and your own Internet access.

You can register to become a member of RiseCreatives online by completing an online registration form and paying for your subscription using a credit card namely Visa or Mastercard through PayPal. RiseCreatives have no liability for any loss caused by technical errors or faults by PayPal. It is important that you read PayPal’s Terms and Conditions and PayPal’s Privacy Policy. If you encounter any difficulties during the payment process contact PayPal directly at www.paypal.ie

To pay offline please send a cheque payable to RiseCreatives to the address in the Contact Details at the end of this document.

Posted articles (information and images) will only be returned on request. It is up to you to organise a courier service to collect your posted articles or they can be collected from the address in the Contact Details at the end of this document.

Do not send any pieces of work to RiseCreatives. It is up to you to organise your images for your web space according to the following specifications.

Still Images
All images should be a jpeg, gif or png file format at 72dpi. Landscape images should be no more than 20 cm wide and portrait images should be no more than 15 cm wide. Presently, we do not specify a maximum length but keep in mind the greater the height the longer it will take to display to viewers. If we feel that an image is too large we will reduce its size so that it can be viewed without excessive scrolling.

Movie Files
These can be either .mov or .mpeg files. Each file should be under 5MB each. Shockwave/Flash files should be saved as .swf files and each file should be under 5MB. Director files should be saved as .dcr files and each file should be under 5MB.

PDF Files
PDF files should be under 1MB each.

Before becoming a member of RiseCreatives you must submit at least 3 images of your work and information about you and your work for consideration. Once your work has been approved we will forward details regarding joining and payment options. One of the objectives of RiseCreatives is to provide a highly professional website. Therefore, you are not guaranteed web space on RiseCreatives upon payment of the fee and submission of the application form.  Once we have received all content and images they must be approved by the RiseCreatives team before each individual is given a web space. If we feel your work does not reflect the image we want to portray you will be fully refunded the fees already paid by you and we will not proceed with your web space.  Our right to refuse to post any work on our website is absolutely at our sole discretion.

In the case of managed web spaces (Plan C), if your content is approved and payment has been received, we will use all reasonable endeavours to have your web space generated within 14 days of such approval. When your web space is online you will be contacted by telephone and/or email and you will have 7 days (“the 7 day period”) from the date contact is made with you to review your web space. The only changes that can be made during that period will be to your personal data. We will not make any changes to the layout, colour or typeface of your web space during the 7-day  period. We strongly recommend that you select your template carefully from the sample templates provided for you on our website prior to submitting your application to join RiseCreatives.

If you want to terminate your contract within the 7-day period your subscription fee will be refunded. If, however, you cancel your membership after the 7-day period no refund will be made.

Self-managed web spaces will be activated within 1-2 days once content and images are approved and payment has been received.Within the members area you will be able to change the template but not the version number of your web space. We strongly recommend that you select your version number carefully from the sample versions provided for you on our website prior to submitting your application to join RiseCreatives.

When completing the online registration form you will select an individual password which you will use to access the members' area. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions. In the event of any failure or error in the operation of a password, you shall cease using the password and and notify RiseCreatives of such failure or error.

When becoming a member of RiseCreatives your email address is automatically added to our mailing list for our newsletter. If you do not wish to receive our newsletter you can opt out.

4. Updating images on your web space

Managed web space (Plan C)
Once your web space has been created you can update the images 12 times in a year for free (once a month) after which €3 will be charged for any additional change made. (This charge is subject to change however members will be informed of such change). For example, if a member contacts RiseCreatives and requests to change three images, that is equivalent to one free update. All requests for image updates must be made in writing (letter or email) to the address in the Contact Details at the end of this document.
Self-managed (Plan A & B)
Self-managed web spaces can be updated by the member at any time and there is no additional charge for updating.

5. Site Use

By using and accessing this site and using its services you agree to the following basic rules of conduct.

  1. You will abide by these Terms and Conditions of Use and all applicable laws.
  2. You will not use this service to interfere with others’ use and enjoyment of the site.
  3. You will not use the service to harass, threaten, stalk or abuse users of the site.
  4. You will not use the service to send unsolicited emails, bulk mail, spam or other materials to users of the site or any other individual.
  5. You will not use the service to post any content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds or is defamatory, libellous or invades another person’s privacy or proprietary rights.
  6. You will not use this service to harm minors in any way.
  7. You will not use this service to impersonate another person or create a false identity.
  8. You will not use this service to upload, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  9. You will not use this service to upload, transmit or otherwise make available any content that contains viruses, or any computer code, files or programs which are designed to interrupt, destroy or disrupt the site or any other users equipment or software.
  10. You will not use this service to invade the privacy of others or to collect, compile and use an individual’s personal and private information or to gain or attempt to gain unauthorised access to other computer systems via the site.

6. Content

RiseCreatives provides a service for members to store and exhibit their work. By using the service provided by RiseCreatives you acknowledge that RiseCreatives have a fixed upper limit on the amount of disk space that may be used, these limits are set out in the FAQ and application form of the website. It is important for members to be aware that they should always keep a back-up copy of all information and work uploaded on to their web space. Members should not use the web space as their only storage facility.

By submitting content to the site (images, videos, animation, files, data and other content and materials) you grant RiseCreatives an irrevocable, nonexclusive, transferable, royalty free world wide right (including any moral rights) and license to use the content submitted to promote and advertise the site, and your web space as well as the general operation of the site. In connection with the promotion and operation of the site, you agree that RiseCreatives have the right to copy, cache, modify, compress or use other technical processing methods, publish, display, distribute, translate, create derivative works from and store submitted content, regardless of the medium, technology, or form in which it is used. Such use of submitted work by RiseCreatives may include using samples of members’ work in the creation of screen shots, in the search results page, brochures and any other promotional material.  By accepting these Terms and Conditions of Use it is acknowledged by you that such use does not infringe your intellectual property rights in such content or any of it.

RiseCreatives do not endorse or assume any liability for the content submitted by third party users of the site. RiseCreatives do not confirm that each user is who he or she claims to be. RiseCreatives do not represent or guarantee the truthfulness, accuracy or reliability of any content submitted. You acknowledge that any reliance on submitted content to your web space, the use of your email address and password will be at your own risk. To protect against misuse of your web space account, it is important to keep your password safe. You are responsible for keeping your password confidential. You agree to immediately notify RiseCreatives of any unauthorised use of your web space account.

RiseCreatives will take the necessary steps to ensure that submitted content is not misused by us and will take reasonable security precautions when using the Internet, telephone and any other means to transmit data or other communications. You acknowledge that transmissions to and from the site are not confidential and your communications may be read or intercepted by others. RiseCreatives disclaim any and all liability for the accessing of any data or communications by unauthorised persons or entities (hackers).

RiseCreatives have the right to refuse content submitted by a member if we deem the content objectionable, unsuitable or if it does not comply with the Terms and Conditions.

This site features the creative work of upcoming and established artists, designers and crafts people. While artistic merit is a matter of opinion we endeavour to ensure all work shown on the site is of the highest quality and in good taste. However, some of the artists’ work may be construed as unsuitable for children.

7. Buying and Selling Art, Design and Craft work.

RiseCreatives does not take responsibility for any transactions carried out between individual artists and buyers on the RiseCreatives site or RiseCreatives online Studio shop site. Members are soley responsible for sales, shipment, deliveries and returns and for making buyers aware of these details.

8. Termination

Either you or RiseCreatives may terminate membership with or without cause at any time. You agree that RiseCreatives may at our sole discretion, terminate or suspend your membership for any reason including, but not limited to, a breach of the Terms and Conditions. In the event that RiseCreatives terminate your membership due to your breach of the Terms and Conditions of Use, you will not be entitled to a refund of any membership fees paid by you.

If you choose to terminate your membership such termination request must be made in writing (letter or email) to the address in the Contact Details at the end of this document.

This will be confirmed with a return telephone call or email from a member of the RiseCreatives team.

If membership is terminated after the 7-day period membership fees are not refundable and any outstanding fees must still be paid by you. Upon termination your web space will be taken down.

9. Modifications

You will be informed of any modifications made to the Terms and Conditions of Use and the RiseCreatives website, through email and by posting a notice on this page and on the RiseCreatives homepage. You acknowledge and agree that these are appropriate and reasonable methods of notifying you of such changes and to be bound by such changes.

Modifications to the Terms and Conditions of Use

RiseCreatives reserve the right to change, modify, add or remove any part of the Terms and Conditions of Use. Changes to the Terms and Conditions of Use will be effective immediately and RiseCreatives will make every reasonable effort to inform you of such changes either by email or by posting a notice indicating that changes have been made at the top of this page and on the RiseCreatives homepage. You agree to review these Terms and Conditions of Use periodically and be aware of any changes made. Your continued use of the site after changes to the Terms and Condition of Use have been posted will be considered as acknowledgement and acceptance of the modified Terms and Conditions of Use.

Modifications to the Website

RiseCreatives reserve the right to modify, suspend or discontinue the website including any services, features or hours of availability at any time with or without notice to you. RiseCreatives may change the attributes and pricing structure of membership as well as file type and size of submitted content. However, RiseCreatives will not make changes to conditions for which you have specifically paid. RiseCreatives will not be liable to you or any third party should RiseCreatives exercise such rights.

RiseCreatives will make every reasonable effort to inform you of such changes either by email or by posting a notice indicating that changes have been made at the top of this page and on the RiseCreatives.ie homepage.

10. Third Party websites

Users of the site may gain access from the site to third party sites on the Internet through hypertext or other computer links. RiseCreatives are not responsible for the content of these third party websites. If you decide to access these third party websites you do so at your own risk.

11. Privacy Statement

Please review the RiseCreatives Privacy Statement, which governs the use of personal data, publicly available information on your web space and non-personal data on the site. By using this site, you agree to be bound by the Privacy Statement.

Intellectual Property Rights Website

All copyright materials including, but not limited to, text, images, web pages, sound, software (including code interface and website structure) designs, logos, graphics, the selection, presentation and arrangement of materials (including information in the public domain) and the overall design and layout of this website are the copyright of RiseCreatives, associated logos and marks indicated on this website are trade marks of RiseCreatives or associated companies or our licensors. All intellectual property rights and any other rights of whatsoever nature in or to our website are and shall remain our sole property and we reserve all our rights in relation to same.

Artists’ Copyright

1. You will retain ownership of all intellectual property rights in any works (or depictions thereof) submitted to RiseCreatives (subject to the Terms and Conditions contained herein).   
2. Potential members should refer to section 6 of the Terms and Conditions of Use regarding RiseCreatives’ use of their work for promotional purposes.

13. Indemnity

You will indemnify RiseCreatives and keep us indemnified against any and all loss, damage cost, claim, liability and expense which we may suffer or incur arising out of or in connection with your use of the Site, any of our services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify us and keep us indemnified against any loss, damage, cost, claim, liability or expense that we may suffer or incur arising our of or in connection with any claim or allegation that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control the defence of any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences.

14. Disclaimer and Liability

Our website and the materials and information contained in it are made available by RiseCreatives on an “as is” basis and are made available without any warranty or representation of any kind, whether express or implied.  We expressly disclaim to the fullest extent permitted by applicable law any and all warranties of merchantability and fitness for a particular purpose of our website or of any works, materials, information, products or services contained or accessible via our website.  In particular, no representation or warranty, whether express or implied, is made in relation to the accuracy, reliability or otherwise of any services, information or materials contained on our website or that they will meet your requirements or expectations or that they do not infringe any rights of third parties.

Reliance upon any such services, information or materials or use of our website and the Internet generally is at your sole risk and we are not liable for any loss of data, lost profits, consequential loss, or any other damages or losses howsoever occasioned including, without limitation, losses resulting from the use of or from the inability to use this website or the Internet.

All implied terms and conditions are hereby excluded to the fullest extent permitted by law.

RiseCreatives do not warrant that our website will be uninterrupted, secure or error free, that messages, information, use of emails (including any attachments thereto) or requests will be delivered, that our website will be available or that our website, emails (including any attachments thereto) or server are free of viruses or other harmful components.

We cannot accept any liability or responsibility for and no warranty or representation of any kind, whether express or implied, is given in relation to, any information viewed on our website or downloaded or saved or otherwise dealt with by you.  

We cannot warrant the success or otherwise of your web space on RiseCreatives.

15. Third party disclaimer and third party links

RiseCreatives in no way endorse or vouch for any advertisements, persons, companies, organisations, materials, products or other services which may be referred to by us, either on our website, or any other website, to which you are referred to by us or accessible via our website or by any other means howsoever.  We shall not be liable or responsible for any loss or damage suffered, whether direct or indirect, special, incidental, punitive or consequential, arising out of any arrangement you enter into as a result of any advertisements or any information or any materials provided, listed or supplied by us on our website or arising out of the use of postal or other distribution services or e-mail or otherwise.

You may access the RiseCreatives website via links provided by other websites and we may provide you with links to other websites via our website.  The linked sites are not under our control and have not been independently authenticated in whole or in part by us and we are not responsible for the contents of any linked sites including, without limitation, any link in a linked website, or any changes or updates to a linked website.  We are providing these links as a convenience and the provision of any links via our website, or otherwise, does not imply an endorsement by us of the linked website or any association with its operators.

16. Unauthorised Access

While RiseCreatives take reasonable precautions in relation to use and access to our website, you accept all risk of information or instructions being given by an unauthorised person and the possibility of hacking, cracking, viruses and any and all manner of unauthorised access, use, activity or purpose which may occur on or in relation to our website and you agree to fully and effectively indemnify and keep indemnified and hold us harmless against all actions, claims, demands, liabilities, payments, losses, costs, charges, damages and expenses which you may suffer or incur directly or indirectly in connection with or arising out of such activity.

RiseCreatives shall not be liable or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or failure to perform, any of our obligations in relation to our website if the delay was due to any cause beyond our reasonable control including and without limitation, equipment malfunctions or periodic maintenance, computer viruses or unauthorised access of our website or other systems of ours.  If our ability to make our website available is impaired by you or by circumstances beyond our control, we may choose to discontinue making our website available to you or in general without any recourse by you against us.

17. Force Majeure

RiseCreatives shall not be liable to you for any loss or damage arising due to our failure to perform our obligations under this Agreement due to any cause beyond our reasonable control including, without limitation, any act of God, inclement weather, failure, outage or shortage of power supplies, acts of terrorism, non-availability or material reduction in the performance of the Internet, flood, drought, lightning or fire, strike, lock‑out, trade dispute or labour disturbance, the act or omission of Government, highways authorities, public telecommunications operators or administrative or other competent authority, war, military operations, riot, or difficulty, delay or failure due to any such case in manufacture, production or supply by third parties of any goods or services required by us.

18. Waiver of Claims

In no event shall RiseCreatives be liable to you for any special, incidental, indirect or consequential damages of any kind or any damages whatsoever, including without limitation, those resulting from loss of use, data, profits, or hardware or software damage, whether or not advised of the possibility of such damage, and on any theory of liability arising out of or in connection with the use or performance of the information or services provided by us including any information or services in connection with our website, whether obtained with or without charge.

19. User Responsibilities and Conditions

Prior to using the RiseCreatives website, you have sole responsibility for adequate protection and backup of data and/or equipment used in connection with accessing our website or any information provided by us and you will not make a claim against RiseCreatives for any reason, including, but not limited to, you providing inadequate registration information, inadequate or misleading information or omission of information, or improper use or maintenance of software, hardware or peripherals, lost data, re-run time, inaccurate output, work delays, lost profits or salary resulting from our website. 

20. Access and Interference

You agree that you will not use any robot, spiders, other automatic device, or manual process to monitor or copy our website or web pages or the content contained herein.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of our website and you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

21. Severability

Any term or provision of these Terms and Conditions of Use which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions or affecting the validity or enforceability of the terms and provisions in any other jurisdiction.  If any provision is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.

22. Waiver

Our failure to enforce any provision of these Terms and Conditions of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

23. Interpretation

Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all gender and words denoting persons shall include bodies corporate, unincorporated associations and partnerships. 

The headings in these terms and conditions are for convenience only and are not intended to have any legal effect.

Terms such as 'RiseCreatives.ie', 'RiseCreatives.com', RiseCreatives.net', 'RiseCreatives.co.uk', ‘RiseCreatives’,  ‘us’, ‘we’ and ‘our’ refer to RiseCreatives unless the context otherwise permits.

References in these terms and conditions to "our website" shall include the services made available by us to you via our website.  References contained herein to 'these Terms and Conditions' or “these Terms and Conditions of Use” refer to the terms, conditions and provisions set out in this Agreement and include our privacy statement.

24. Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of Ireland and the parties hereto submit to the non-exclusive jurisdiction of the Irish courts.

25. Miscellaneous

Your acceptance of these terms and conditions shall not imply any joint venture, partnership, employment or agency relationship between us.

26. Electronic Signatures

You accept and consent to the use of electronic signatures.

27. Contact Details

RiseCreatives
Tom Crean Business Centre
Technology Park
Tralee
Co Kerry
Ireland

+353 (0) 872703890