Terms & Conditions

1. Definitions

Helmer Comm V.: the natural person or legal entity owning the domain name Website: the website and all related Creative Network web pages and subpages.
Visitor: anyone visiting and/or using the Website by any medium whatsoever.
Member: every natural person or legal entity providing material to the Website after having registered to that end.
The Service or Account: a sub-environment for Members that continues to be the property of Creative Network and in which those Members can add material to the Website.

2. Scope

These Terms and Conditions apply to every visit made to the website and all related Creative Network web pages and subpages by anyone or anything whatsoever.
By visiting the Website, you accept that these General Terms and Conditions apply to your visit to and use of this Website and to the services made available by Creative Network via this Website.
Creative Network reserves the right to unilaterally amend these General Terms and Conditions. Each amendment always takes immediate effect and will be published separately on the web page.

3. Service description

Creative Network is a website offering creative professionals a platform to promote their own work. Creative Network’s object is to promote those professionals and their work. Creative Network offers the following Service as part of the Website: an Account with which the Member can publish his own work. This Service is under development and will only be maintained in so far as the Service is financially feasible for Creative Network. This feasibility is determined at Creative Network’s sole discretion.

4. Registration

Prospective Members must register. As part of this registration, they must submit the following true and faithful information:

Natural person

  • given names in full
  • surnames
  • date of birth
  • address
  • telephone number
  • e-mail address
  • VAT number
  • web page (URL)

Legal entity

  • name of legal entity
  • registered office address
  • telephone number
  • e-mail address
  • VAT number
  • web page (URL)

All this information must be given truthfully and in its entirety. Members must also ensure that the information provided is true. If any of this information proves to be untrue or to be no longer true, or if Creative Network reasonably suspects that the information provided is not true, the Account will be blocked immediately. Article 15 (Blocking) applies mutatis mutandis.
The information serves only to enable registration, verification and communication with the Member, including all actions related to the Member’s payment obligation vis-à-vis Creative Network and performance thereof. The information will not be used for any other purpose.
Members must be at least 18 years of age. If a Member is not yet 18 years old, the parents who have custody must each separately give their consent to the membership. This request will be communicated to Creative Network by a separate e-mail. Each parent is jointly and severally liable for payment.

5. Using the Account

The Member chooses his own user name and password.
The Member is personally and fully responsible for keeping the password and the contents of the Account assigned to him secret. The Member is also personally and fully responsible for proper use of the Account and for all actions performed using the password or the Account.
The Member is obliged to log off every time he ends his session on the Website. The Member is not permitted to end the session without logging off.

6. Unauthorised use

The Member shall immediately notify Creative Network by e-mail if the Account is used in any way whatsoever without the Member’s consent. Creative Network will then block the Account.

7. End

Termination takes effect immediately upon the Member’s termination of his membership. After termination, the Member can no longer access his Account and all data that the Member had added to that Account at any time will be deleted immediately. Creative Network is not liable for the deletion of the deleted information.

Creative Network shall notify the Member by e-mail if it intends to terminate the membership. Creative Network will terminate the membership in the event of (for example) breach of one or more provisions of these General Terms and Conditions or the spirit and/or purport thereof or Account inactivity lasting more than six months. Creative Network may also terminate the membership for commercial reasons, determination of which is entirely reserved for Creative Network and at its sole discretion.

The Member will be given the opportunity to delete the data made available by him via the Account within seven days of submission of the notification. After the end of the aforementioned period, the Account will no longer be accessible by definition. The Member will thus no longer have access to the Account. Further, the Account and the data added by the Member at any time whatsoever will be immediately deleted upon termination.

Creative Network is not liable for the deletion of the Account and the data that was added earlier to that Account by the Member.

Upon membership termination, all agreements in any form whatsoever between the Member and Creative Network will be terminated with immediate effect. Payments already made by the Member will not be refunded.

8. Data, rules of conduct and obligations

The Member shall ensure and warrants that the data that he adds to his Account is his intellectual property and does not infringe other parties’ rights in any way. The Member is personally responsible for the data added by him.

Creative Network is not responsible for the added data in any way, including vis-à-vis third parties. The Member indemnifies Creative Network against any liability in any form whatsoever that may rest with Creative Network or the Member and/or a third party as a result of the unauthorised use of the Member’s Account, in any form whatsoever. The Member is obliged to lend his full cooperation – in the broadest sense of the word – if Creative Network is sued by a third party on account of an alleged infringement of the rights of that third party or any other party (for the benefit of which that other party is taking action).

Creative Network has no influence on the data added to the Account and in no way guarantees the data’s accuracy, quality or integrity. Creative Network does not check the data’s contents, either before the data is added or afterwards, except in the event of indications of a breach of these General Terms and Conditions.

It is explicitly prohibited to add any data that violates the law, including but in no way limited to data that is in violation of the law, including criminal law; is offensive, inciting, improper or objectionable in any other way; violates another person’s privacy; violates another person’s intellectual property rights; harms or may harm minors in any way whatsoever; may be considered spam or any other unsolicited commercial e-mail; contains viruses or any other data, programs and/or codes that harm another person’s/entity’s (including Creative Network’s) network and/or computer.

In the event of contravention of the above, the Account will be blocked upon discovery without delay and then terminated.

9. International

The Member accepts that when using the Website, the web pages and subpages and the products and services provided by Creative Network, he will observe both the rules of the country from which he uses the Service at that time and the rules applicable to internet usage in the country in which Creative Network is established.

10. Contents

Creative Network will not become the owner of the data added by the Member. However, by adding the data to the Account, the Member does give permission/a licence, without there being any obligation to pay a fee, to publish, reproduce, change and modify the data across the globe for purposes of displaying, distributing and promoting the Service. The permission/licence applies for as long as the Member is ** within the meaning of these General Terms and Conditions.

Creative Network is the owner of the data published by it. The Member acknowledges and accepts that the products and services offered and/or supplied by Creative Network are subject to intellectual property rights that the Member may not violate in any way.

The Member likewise acknowledges and accepts that the products, services and/or information offered by third parties on Creative Network’s web page are likewise the property of those third parties and that these rights may not be infringed either by the Member or by someone else on his behalf.

11. Costs

The Member owes Creative Network an amount of € ten Excl. VAT for every paid Freelancer Pro Account that he creates per month.

That amount must be paid upon registration, without which no Account will be created for the Member.

The amount is owed for each calendar year. If the Member creates an Account during a calendar year, he will owe a proportionate part of the aforementioned amount. The amount will be charged for each full month. If, for example, the Member registers on 16 April 2013, he will owe 8/12 of the amount charged per calendar year in that calendar year.

The Member is not entitled to any full or partial refund of the amount paid by him for that calendar year, unless the membership is terminated by Creative Network for the commercial reason that the target set by Creative Network for the development of the Service is not achieved.

Creative Network reserves the right to unilaterally amend the amount at any time. The amendment will take effect immediately for each new Account (!). With regard to existing Accounts, the amendment will take effect as from the first calendar year following publication of the amendment. The amendment will be communicated separately on the Website.

12. Advertising

The Member accepts that he may be offered advertisements of Creative Network, its affiliated website/services and/or third parties. These advertisements are necessary to enable Creative Network and the Service provided.
Creative Network only facilitates publication of the advertisements. Creative Network is not responsible or liable in any way with regard to the content of those advertisements and the corresponding (legal or other) acts by the Member and/or the party offering the advertisement.
The above also applies with regard to the links offered by third parties to the Member.

13. Exoneration

Creative Network, its staff and its representatives are not liable in any way for any damage a Member may incur as a result of using the Website and/or the products and services supplied via the Website by itself or its affiliates and the products and services of third parties.
The Website, services and products may not be sold, resold, used, reproduced, duplicated, copied and/or exploited in any way without the express written consent of Creative Network.

14. Amendments

Creative Network has the right to temporarily or permanently amend and/or terminate the Website and the products and services offered on it without the Member’s consent and without any prior notification or prior consent being required.

15. Blocking

The published intellectual property must be the Member’s property. It is explicitly prohibited to publish another person’s/entity’s intellectual property or to add, use, publish and/or facilitate the publication of intellectual property that is unlawful vis-à-vis another person/entity.
In the event of a notification of infringement, the Member’s Account will be blocked pending the subsequent investigation. The Member will be notified by e-mail of the blocking, will receive a copy of the notification of infringement and will be given the opportunity to communicate his viewpoint within one week of the complaint being forwarded.
Creative Network will subsequently decide whether to make the Account available again or to continue blocking the Account. The criterion that Creative Network applies for that decision is whether another person’s/entity’s intellectual property right is likely to have been infringed. No appeal can be lodged against Creative Network’s decision. Creative Network will only make the Account available again if a final and conclusive court judgment establishing that the intellectual property right was not violated has been made available to Creative Network.

16. Law

The agreement is governed by the laws of Belgium. The competent court is the court within the territory of Belgium, for foreign Members: the court of Antwerp.

30 August 2013