1. Introduction
Rise Creatives, 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. It is also important that you refer to the Terms and Conditions of each Seller on their Rise Creatives shop policies page or product page before making an order. 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 - Customers
Our site Rise Creatives has a dedicated shopping area which allows you (‘Customer’) to order products from our Sellers through us. We accept orders as agents on behalf of our Sellers. When an order is placed the resulting legal contract is between you and the Seller and is subject to these terms and conditions and to the terms and conditions of the Seller, which they will advise you of on their individual shop policies page or product page. You should review all terms and conditions applying to the transaction.
We cannot give any undertaking, that goods or services you purchase from Sellers through the Site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the Seller. Where you order goods through the Site we may disclose your customer information related to that transaction to the relevant Seller.
We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale through the Site. You use the Rise Creatives service at your own risk.
3. Description of Services - Members/Sellers
Rise Creatives is a site, which offers emerging and established artists, designers and crafts people from a variety of disciplines the opportunity to exhibit their work in a portfolio web space and to sell their work in the Rise Creatives shop. To access these services you will have to become a member of Rise Creatives.
4. Buying Art, Design and Craft Work
Placing an Order
Each order you place shall be deemed to be an offer by you to purchase the goods specified within it subject to these Terms & Conditions and any additional terms and conditions notified to you by the Seller.
When a Customer purchases an item/item(s) in the shop, Rise Creatives the Customer and the Seller each receive an email outlining the item(s) purchased. The Seller will dispatch the item(s) directly to the Customer. Customers must inspect any item(s) purchased from a Seller immediately upon receipt to ensure that it accords with any description given by the Seller in the item's listing.
Payment
All payment transactions are carried out using PayPal only, our online payment facility. All prices are in euro (€), and are payable in euro (€), plus any applicable taxes.
The Rise Creatives site uses PayPal (http://www.paypal.com/ie), a secure payment processor for the safe collection of your payment details.
In order to check that your card is not being used fraudulently, PayPal carries out a series of security checks with your bank to verify your details and authorise your purchase. The authorisation of the transaction will only last for a set period of time, and your account will be debited immediately if successful. Therefore, for pre-ordered and made-to-order items your account may have been debited well in advance of you receiving your goods. However, please remember that any orders can be cancelled during our 7-day cooling off period, and that in such instances a full refund is guaranteed subject to the terms described in our Returns and Refunds Policy (which you can read on our site) and the Returns and Refunds policy for each Seller (which you can read in their shop policy pages). There may be exceptions to the Returns policies for made-to-order items.
All records of orders are automatically kept within the Customer Account area. If you have any queries regarding your order please contact the Seller directly in the first instance. If you are still not satisfied you can contact Rise Creatives support through our contact form or by telephone. All details can be found on our site.
All orders placed through our website will be subject to our acceptance of the order, and all goods are sold subject to availability. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
Delivery
Your shopping bag on the Site displays the goods you have chosen. When you proceed to the checkout, details of your purchases will be listed together with post and packing costs and any applicable discounts. The delivery costs for each Seller will vary according to the delivery methods they offer. Any delivery times quoted are estimates only, based on availability and normal delivery time in working days. All orders are shipped by the Sellers.
Returns
Rise Creatives and our Sellers would like you to be happy with your purchase(s) however, in circumstances where a Customer wishes to cancel an order or return a product the following points will guide you through the process.
If you change your mind you can cancel the order within 7 working days by emailing orders[at]risecreatives[dot]ie. (For more information on our 7 day cooling off period see below). If the item has already been dispatched you can return it to the Seller in accordance with the Seller’s returns policy.
We offer a 30-day returns policy, whereby you have up to 30 days from receipt of your goods to return item(s) for any reason.
Exceptions do apply where items are personalised, custom-made or commissioned at point of sale. We are sorry but made-to-order items, earrings and personal items are non-refundable unless faulty. Please refer to individual Seller’s returns policy before ordering if you are unsure.
Exchanges can only be made with the Seller who made the item being returned and are subject to stock or material availability.
The cost of returning the item will be at your expense. Where an item is agreed to be faulty, the cost of this returns postage will be refunded along with the value of the item returned and the delivery charge. You must obtain proof of postage in order to receive a refund for the postage cost for a faulty item.
Where a return is acceptable, a full refund (including p&p fees if the product is deemed faulty) will only be made via our payment provider PayPal to the credit or debit card used to place the order. Refunds can only be made by Rise Creatives via our online payments system, PayPal.
Returns Procedure
- If returning an item(s) under the 30-day returns guarantee, please complete our Return Request form prior to sending the item back to the Seller. This form needs to be completed before a refund can be authorised and processed. By completing the form Rise Creatives can locate your order details and contact the Seller. It also allows us to understand your reasons for returning the goods and to monitor quality and Customer service.
- Once the form has been completed and we have contacted the Seller regarding the return and the return does not breach the Returns Policy of the site or the individual Seller’s Returns Policy, you need to return the item(s) in their original condition, with labels still attached and with original packaging intact and in resaleable condition.
- Please return the goods appropriately packed and securely to the Seller. The Seller’s address will be sent to you.
- When the Seller has received and checked the item(s), and there has been no error on our part we will refund only the cost of the item. The refund will only be made via our payment provider PayPal to the credit or debit card used to place the order. Refunds can only be made by Rise Creatives via our online payments system PayPal. We will send you confirmation of the refund via email. The cost of returning the item will be at your expense.
- Where an item is agreed to be faulty, the cost of the returns postage will be refunded along with the value of the item returned and the delivery charge for that item. You must obtain proof of postage in order to receive a refund for the postage for a faulty item.
- Refunds or exchanges will be made to you within 28 days of receipt of the returned goods, as long as you have followed all of the procedures and timeframes above, and conditional upon stock availability.
Seven-day cooling off period – EU Customers only
By law Customers located in the European Union (including UK) purchasing goods from Sellers located in the European Union have the right to withdraw from the purchase of an item within seven working days.
Where you are withdrawing from your purchase within the seven working day cooling-off period, and there has been no error on our part, we will refund the cost of the item as follows:
- Where you are returning an item that was part of a larger order, we will refund the cost of the item and the delivery charge for that item.
- Where you are returning an entire order, we will refund the cost of the order and delivery charge that you incurred.
- We will not refund the cost of gift-wrapping, your cost in returning the item to us or any other additional charges unless you return the item because it is deemed faulty or defective.
Note: We do not warrant or guarantee that the information set out above will apply to the goods you have purchased. Therefore, it is important that you check individual Sellers’ returns policies.
TerminationEither you or Rise Creatives may terminate your customer account with or without cause at any time. You agree that Rise Creatives may at our sole discretion, terminate or suspend your account for any reason including, but not limited to, a breach of the Terms and Conditions.
5. International Buying and Selling
If purchasing or selling from this site from locations outside of the Republic of Ireland, or for delivery outside of Republic of Ireland, then you are responsible for compliance with all applicable local laws. You, or the addressee, may be required to pay import duties on receipt of your goods anywhere outside of Republic of Ireland. Please be aware that these are the responsibility of you the customer. Additionally, we would like our international customers, and sellers dispatching products internationally, to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. We will not be liable for any breach by you of any such laws.
6. Site Use
By using and accessing this site and using its services you agree to the following basic rules of conduct.
- You will abide by these Terms and Conditions of Use and all applicable laws.
- You will not use this service to interfere with others’ use and enjoyment of the site.
- You will not use the service to harass, threaten, stalk or abuse users of the site.
- 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.
- 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.
- You will not use this service to harm minors in any way.
- You will not use this service to impersonate another person or create a false identity.
- 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.
- 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 user’s equipment or software.
- 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.
- You must not modify or adapt or hack Rise Creatives sites or seek to create another website or communication to users that implies it is associated with Rise Creatives.
- Rise Creatives does not sell products for purchase by children. If you are under 18, you may use Rise Creatives only with the involvement of a parent or guardian.
7. Members’/Sellers’ Content
Rise Creatives provides a service for Members/Sellers to exhibit and sell their work. By using the service provided by Rise Creatives you acknowledge that Rise Creatives has a fixed upper limit on the amount of space that may be used. 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 or shop. Members/Sellers should not use the web space or shop as their only storage facility.
By submitting content to the site (images, data and other content and materials) you grant Rise Creatives 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 and shop as well as the general operation of the site. In connection with the promotion and operation of the site, you agree that Rise Creatives has 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 Rise Creatives 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.
Rise Creatives does not endorse or assume any liability for the content submitted by third party users of the site. Rise Creatives does not confirm that each user is who he or she claims to be. Rise Creatives does 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 and/or shop, the use of your email address and password will be at your own risk. To protect against misuse of your web space and/or shop account, it is important to keep your password safe. You are responsible for keeping your password confidential. You agree to immediately notify Rise Creatives of any unauthorised use of your web space and/or shop accounts.
Rise Creatives 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. Rise Creatives disclaims any and all liability for the accessing of any data or communications by unauthorised persons or entities (hackers).
Rise Creatives has 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.
Registering as a Member/Seller
Before becoming a member of Rise Creatives 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 Rise Creatives is to provide a highly professional website. Therefore, you are not guaranteed portfolio web space or a shop account on Rise Creatives. Our right to refuse to post any work on our websites is absolutely at our sole discretion.
When you become a member you agree that all the information you provide is true and complete. You agree to pay the commission fees and annual membership fee (where applicable) and abide by the Terms and Conditions like any other user. Rise Creatives reserves 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 Rise Creatives online by completing an online registration form and paying for your subscription using a credit card namely Visa or Mastercard through PayPal. Rise Creatives has 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. Alternatively, membership fees can also be paid by cheque.
If you want to terminate your contract within the 7-day period your subscription fee and any other applicable fees will be refunded. If, however, you cancel your membership after the 7-day period no refund will be made.
Self-managed portfolio 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 Rise Creatives.
When you become a member of Rise Creatives you also have the option to sell your work in our shop. A commission fee is charged on the sale of each item in the shop. Once you become a member of Rise Creatives your shop is automatically created. You will be notified by email of how to log into the Sellers Administration area to upload your images and to make changes to the set-up of your shop e.g. set post and packaging fees and destinations, shop name and welcome message etc.
When completing the online registration form for a portfolio and shop account you will select different individual passwords which you will use to access the members' area and your shop account. You must keep your passwords confidential at all times, and must not disclose the passwords or permit anyone else to use your passwords. Any breach of any of these terms by anyone to whom you disclose the passwords 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 notify Rise Creatives of such failure or error.
You may not transfer or sell your Rise Creatives account to another party. If you register as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Shop Policies
All Sellers are urged to outline shop policies for their Rise Creatives shop. These policies may include, for example, delivery charges and methods, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Rise Creatives site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Rise Creatives reserves the right to request that a Seller modify a shop policy.
8. Selling Art, Design and Craft Work
When a Buyer makes a purchase of items listed on the Site for Sale through PayPal, the amount ("Payment Transaction") is deposited to a dedicated Rise Creatives PayPal Account, and funds are periodically transferred to the Seller's designated PayPal Account ("Seller's Payment Account"). A buyer may authorise a Payment Transaction with any major credit or debit card accepted by PayPal. Payment Transactions can only be deposited into PayPal accounts. Rise Creatives is not the purchaser of the Seller's goods. The Seller will resolve any dispute directly with the Buyer or with the assistance of an official Rise Creatives Representative. Sellers must provide us with true and accurate information when registering and must maintain and update that information as applicable. Sellers must not impersonate any person or use a name he or she is not legally authorised to use.
The Seller is responsible for shipping orders to a customer. Once payment has been received by Rise Creatives the seller will be contacted by a member of the Rise Creatives team instructing the Seller to post the order to the customer. Once the order has been shipped the Seller must log into the Sellers Administration area and mark the order as complete so the customer is made aware that the item has been dispatched.
The Rise Creatives site is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can transfer earnings only on a Business Day. For purposes of this Agreement, a Business Day is a Monday through Friday, excluding bank holidays in the Republic of Ireland. For each order transaction the Seller receives an Order Invoice from Rise Creatives.
All balances for a given 30-day period will be reflected in Rise Creatives monthly Payment Notification document to the Seller, sent via email. Rise Creatives will initiate a transfer to the Seller's Account on each Payment Date for the total amount of Payment Transactions received from buyers' authorised credit or debit card transactions for the Seller, less any refunds or fees incurred, or for funds otherwise received for the Seller since the last Payment Date. The amount of the fees for Payment Transactions will be confirmed in a Payment Notification, which is emailed to the Seller, each month.
Transfers to the Seller's Account will generally be made within five Business Days of the date we initiate the transfer.
As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to any Seller: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
If we reasonably conclude, based on information available to us, that a Seller's actions and/or performance in connection with the Services may result in a significant number of buyer disputes, chargebacks or other claims, we reserve the right to delay initiating the transfer of Payment Transaction credits to a Seller's Bank Account (or sending paper cheques) for the shorter of either 30 days following the initial date of suspension or completion of an investigation regarding Buyer disputes, chargebacks or other claims.
We reserve the right to delay initiating the Payment Transaction transfer to a Seller's bank account (or sending paper cheques) pending an investigation if we, in our sole discretion, believe the buyer or the Seller may have breached this Agreement or terms and conditions. We may refuse to transfer any Payment Transactions to the Seller and may instead maintain such amount in a trust account or may return such amount to the buyer. We will not be liable to the Seller if we act in accordance with the provisions of this Section.
All notices will be sent by e-mail or will be posted on the Site. We will send notices to the Seller at the e-mail address maintained in the Rise Creatives records for the Seller, which the Seller can update using their Seller Account. The Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us, and ensure that such messages are not caught by the Seller's junk-email filters. The Seller will send notices to us at our current e-mail address published on our Site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice may be provided in writing and posted to the address at the contact details at the end of these Terms and Conditions. Posted mail is deemed received three Business Days after it is posted.
We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a Buyer and our payment of the Payment Transaction to the Seller from our bank account. We reserve the right to seek reimbursement from the Seller if we, in our sole discretion, decide to reimburse a buyer, provide a refund to the buyer if the Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from the buyer's credit card issuer for the amount of the buyer's purchase from the Seller. We may obtain such reimbursement by deducting from future payments owed to the Seller, reversing any transfer to the Seller's bank account, charging the Seller's credit card, or seeking such reimbursement from the Seller by any other lawful means.
Sales
Products are offered by Sellers for sale at a fixed price ("Sales"). The Seller is obliged to sell the items at the listed price to Buyers who meet the Seller's terms. Unless otherwise agreed by us with the Seller in advance in writing, the price of any items sold (including the applicable delivery charge) are displayed inclusive of any VAT and other taxes which may be applicable and Sellers may not charge or seek to charge the buyer for any VAT or other taxes which are additional to the price displayed for the item on the Site.
Customers may purchase an item for Sale by clicking on the "Add to Bag" button on the relevant item's page. When a Customer has finished browsing the Buyer must then follow the necessary "Checkout" procedure in order to purchase the item. Multiple items can be added to the Buyer's "Bag" and purchased in one single checkout procedure.
The Seller's listing of an item for Sale constitutes an offer to each participant to purchase the item at that price and the act of clicking on the "Add to Bag" button by a participant constitutes acceptance of that offer. Such acceptance will become effective on receipt by the Site of such act. A Seller may retract an item listed for Sale at any time but is bound by any offers accepted prior to the retraction.
Shipping/Delivery charges must be set by the Seller in the seller’s administration area in the Shipping Charges section. Rise Creatives is not responsible if shipping charges are not set correctly by the Seller. For items listed for sale, Sellers may only charge Buyers a pre-determined delivery charge, which they set in the Shipping Charge section of their shop. They must also specify said Shipping/Delivery charge on the Delivery charge policy page and each product page in their shop area, whereby this information is provided solely for the customers' information.
By listing an item for sale you represent a warrant to prospective buyers that you are the true owner of the item or are properly authorised to sell the item by the true owner and are able to transfer good title to the item free from any third party claims, liens or encumbrances; and the listing is accurate, current and complete and is not misleading or otherwise deceptive; and the item is made to a high quality and is safe.
Sellers will determine the purchase price for each of their items offered for sale on the Site; all Sellers will ensure that the purchase price and any other type of offer offered for sale on the Site are at least as favourable to consumers as the terms of sale upon which the Seller offers or sells such items through its own or any of its other online sales channels other than the Site, after taking into consideration all discounts, sales, rebates and other promotional offers or business practices.
You further warrant that the sale or distribution of the item is not in breach of applicable law.
Sellers’ Fees
By listing an item on the Site for Sale, you agree to pay the fees as set-out by Rise Creatives. Fees include commission fees and membership fees (where applicable). These fees are paid in euro (€) and are subject to change. However, the fees in effect on the date of listing the relevant item for Sale will govern the transaction.
By listing an item for Sale on the Site, you authorise Rise Creatives to deduct the amount from the funds owed to you from your completed Sales, for all and any amounts due in the manner and at the times set out by Rise Creatives.
VAT on Seller Fees
The Seller fees are subject to VAT where applicable and will be paid by the Seller at the time of payment of the corresponding fees.
Images
Do not send any pieces of work to Rise Creatives. It is up to you to organise your images for your web space and your shop according to the following specifications.
Web Space and Shop
All images should be a jpeg or png file format at 72dpi, where possible images should be square - 567px (20cm). They should be sharp and in focus; blurry images will not sell your products. Place your images in context for example a necklace should be either on a person or a bust. Take the image on a light background to ensure all detail is visible.
Termination
The Seller may terminate its participation at any time by giving notice to us in writing, and we may terminate the Seller's participation in the Service at any time by giving notice to the Seller in writing. Upon termination, the Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be cancelled.
9. Modifications to the Terms and Conditions of Use
Rise Creatives reserves 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 Rise Creatives 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 in the Rise Creatives members’ area. 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.
Rise Creatives reserves the right to modify, suspend or discontinue the websites including any services, features or hours of availability at any time with or without notice to you.
10. Third Party websites, Linking and Prohibition on “Framing”
Users of the site may gain access from the site to third party sites on the Internet through hypertext or other computer links. Rise Creatives 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. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not take any action, or assist, authorise or encourage any third party to take any action that would cause the appearance or presentation of the Site as seen by users linking to the Site to be different from that seen by users who access the Site by manually entering the applicable URL into a generally commercially available browser. You must not, at any time frame our site on any other website, use advertisements, pop-up windows or other similar items or techniques in connection with any link to or on the Site. We reserve the right to withdraw linking permission without notice.
11. Privacy Statement
To register with or purchase from our site, we need to collect certain information and personal data about you. Please review the Rise Creatives Privacy Statement, which governs the use of personal data. By using this site, you agree to be bound by the Rise Creatives Privacy Statement.
12. 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 Rise Creatives, associated logos and marks indicated on this website are trademarks of Rise Creatives 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.
13. Members’ copyright (Artists and Designer-Makers)
You will retain ownership of all intellectual property rights in any works (or depictions thereof) submitted to Rise Creatives (subject to the Terms and Conditions contained herein). Potential Members/Sellers should refer to section 6 of the Terms and Conditions of Use regarding Rise Creatives’ use of their work for promotional purposes.
14. Indemnity
You will indemnify Rise Creatives 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 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.
15. Third Party Disclaimer and Third Party Links
Rise Creatives 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 websites, or any other websites, to which you are referred to by us or accessible via our websites 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, information, products or any materials provided, listed or supplied by us on our websites or arising out of the use of postal or other distribution services or e-mail or otherwise.
You may access the Rise Creatives websites via links provided by other websites and we may provide you with links to other websites via our websites. 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 websites, or any changes or updates to a linked websites. We are providing these links as a convenience and the provision of any links via our websites, or otherwise, does not imply an endorsement by us of the linked websites or any association with its operators.
16. Feedback, Reviews, Comments, Communication and Other Content
Users of our websites may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Rise Creatives reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you grant Rise Creatives a non-exclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media and the right to use the name that you submit in connection with such content, if we choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Rise Creatives the content and material is accurate; use of the content and material you supply does not breach any applicable Rise Creatives policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
17. Unauthorised Access
While Rise Creatives takes 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 websites 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.
Rise Creatives 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 websites 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 websites or other systems of ours. If our ability to make our websites available is impaired by you or by circumstances beyond our control, we may choose to discontinue making our websites available to you or in general without any recourse by you against us.
18. Children
Rise Creatives does not sell products for purchase by children. If you are under 18, you may use Rise Creatives only with the involvement of a parent or guardian. 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.
19. Force Majeure
Rise Creatives 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.
Where a Seller is prevented from or delayed in the carrying on of its business due to circumstances beyond its 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 restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials the date of delivery shall be postponed for the period that the circumstances continue.
20. User Responsibilities and Conditions
Prior to using the Rise Creatives websites, you have sole responsibility for adequate protection and backup of data and/or equipment used in connection with accessing our websites or any information provided by us and you will not make a claim against Rise Creatives 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 websites.
If you use the websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your accounts or passwords. You should take all necessary steps to ensure that the passwords are kept confidential and secure and should inform us immediately if you have any reason to believe that your passwords have become known to anyone else, or if the passwords are being, or are likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in Your Account area of the website.
Rise Creatives reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion.
21. Access and Interference
You agree that you will not use any robot, spiders, other automatic device, or manual process to monitor or copy our websites 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 websites and you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
22. 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.
23. 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.
24. Interpretation
Unless the context otherwise requires words denoting the singular thus shall include the plural and vice versa and words denoting any one gender shall include all genders 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 'Rise Creatives.ie', 'Rise Creatives.com', Rise Creatives.net', 'Rise Creatives.co.uk', ‘Rise Creatives’, shoponrise.com ‘us’, ‘we’ ‘our’ and ‘websites’ refer to Rise Creatives unless the context otherwise permits.
References in these terms and conditions to "our websites" shall include the services made available by us to you via our websites. 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.
25. 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.
26. Miscellaneous
Your acceptance of these terms and conditions shall not imply any joint venture, partnership, employment or agency relationship between us.
27. Electronic Signatures
You accept and consent to the use of electronic signatures.
