By using Cream you agree to be legally bound by these
Terms. These Terms may be updated from time to time without
notice to you. You should review these Terms periodically for any
changes - accessible via www.creamglobal.com (the
In these Terms:
'Contract' means the contract for the provision of
access to Cream to You on the basis of these Terms;
'C Squared' means C Squared Communications
Limited, incorporated in England and Wales under registered number
4381130, whose registered office is 115 Southwark Bridge Road,
London, SE1 0AX;
'Cream' means an online product of C Squared
Communications Limited, hosted at www.creamglobal.com
'DPA' means the Data Protection Act 1998 and
all regulations under that Act and codes of practice and guidance
issued by the Information Commissioner;
'Effective Date' means the date on which the
Contract is made and is the date when You agree to these Terms and
'Force Majeure' means any event affecting the
performance of any provision of this agreement arising from or
attributable to acts, events, omissions or accidents which are
beyond the reasonable control of a party including, without
limitation, any abnormally inclement weather, flood, lightning,
storm, fire, explosion, earthquake, subsidence, structural damage,
epidemic or other natural physical disaster, failure or shortage of
power supplies, war, military operations, riot, crowd disorder,
strike, lock-outs or other industrial action, terrorist action,
civil commotion and any legislation, regulation, ruling or omission
(including failure to grant any necessary permission) of any
relevant government, court or competent national authority;
'Intellectual Property Rights' means patents,
trade marks, service marks, rights (registered or unregistered) in
any designs, applications for any of the foregoing, trade or
business names, copyright (including rights in computer software)
and topography rights, know-how, secret formulae and processes,
lists of suppliers and customers and other proprietary knowledge
and information, internet domain names, rights protecting goodwill
and reputation, database rights and all rights and forms of
protection of a similar nature to any of the foregoing or having
equivalent effect anywhere in the world and all rights under
licences and consents in respect of any of the rights and forms of
protection mentioned herein;
'Password' means the password selected by you
in the registration process to gain access to Cream;
'Individual Subscriber' means a person that has
purchased access to Cream for individual use;
'Corporate Subscription' means access to Cream
purchased by a company on behalf of its employees;
'Standard Charge' means C Squared's standard
charge for the provision of access to Cream to Individual
Subscribers, as set out on the Site or as varied from time to
'Case Studies' means the case studies of
various examples of media and marketing strategy and executions
including an analysis and commentary written by C Squared;
'User Content' means any content, information,
graphics, audio, images, and links You submit to Cream
'Week' means each period of seven (7) days
beginning on or after the Effective Date and ending on a
'You' or 'Your' means the person
for whom C Squared has agreed to provide Cream in accordance with
these Terms, and includes any individual who uses Cream on behalf
of that person.
In these Terms, unless otherwise stated:
a reference to a statute or statutory provision includes that
statute or provision as amended, extended, re-enacted or
consolidated from time to time and all statutory instruments or
orders made under it;
words denoting the singular include the plural and vice versa,
words denoting one gender include the others, and words denoting
persons include firms, corporations or other legal entities;
'these Terms' means the terms and conditions set
out in this document, as amended or extended from time to
'writing' or any cognate expression includes a
communication by fax or similar means (but not e-mail, text message
or similar means).
The headings in these Terms are for convenience only and shall not
affect their interpretation.
2.1 To use Cream, You must first complete the
registration process on the Site.
2.2 If You register with the Site on behalf of
another individual, firm, company or other person, You must ensure
that the other person is aware of and agrees to these Terms, and
You warrant that You have done so and are authorised to bind that
2.3 Each registration is for a single user only. In
order to access Cream, You will be required to enter the Password
in the appropriate place on the Site. You are not permitted to
share your Password with any other person or access through a
single Password being made available to multiple users on a
network. C Squared may cancel or suspend your access to Cream if
you do this without further obligation to you.
2.4 You may change Your Password at any time. You
are responsible for the security and proper use of the Password and
must take all necessary steps to ensure that the Password is kept
confidential, and is used properly and not disclosed to
2.5 You must inform C Squared immediately if You have any
reason to believe that a Password has become known to someone not
authorised to use it or if a Password is being or is likely to be
used in an unauthorised way. C Squared will not be liable if
a Password is disclosed or used improperly.
2.6 If C Squared has reason to believe that there is
likely to be a breach of security or misuse of Cream, C Squared may
change Your Password and notify You accordingly.
2.7 If You forget a Password, You will be given a
new Password once You contact C Squared and satisfy the security
checks which C Squared operates.
2.8 You confirm that all the information supplied by
You during the registration process is true, complete and accurate
in all respects. You agree to notify C Squared immediately of
any changes to Your registration information. If C Squared believes
that You have provided false information or that You have
intentionally failed to notify C Squared of any changes to this
information, C Squared reserves the right to terminate Your access
to Cream immediately and without notice.
Use of Cream
3.1 C Squared shall provide access to Cream to You as from
the Effective Date, subject to these Terms and You having paid the
Standard Charge or being an authorised employee of a company that
has a Corporate Subscription
3.2 C Squared hereby grants to You a non-exclusive licence
to access Cream only for the purposes of Your business of which You
have notified C Squared as part of the
3.3 You shall be entitled to store the Case Studies and
other content available on Cream in electronic form on Your own
computer system and keep copies for Your own business purposes, but
shall not be entitled to publish, sell, reproduce, upload,
transmit, license, distribute or otherwise deal with the Case
Studies and other content available on Cream or any part thereof,
except as expressly permitted by these Terms.
3.4 You shall be entitled to reproduce extracts from the
Case Studies and other content available on Cream for incorporation
into a presentation to Your colleagues or clients provided that an
acknowledgement of Cream as the source of the information
3.5 You may occasionally use 'e-mail' service to
distribute Case Studies and other content available on Cream to a
maximum of five individuals per month. You are not permitted to
distribute content to a larger number of individuals or use this
service for the purpose of regularly providing others with Case
Studies and other content from Cream.
3.6 You shall not adapt or convert or authorise others to
adapt or convert the Case Studies or any part of the Case Studies
into any other form.
3.7 You shall comply with all applicable laws and
regulations in using Cream
3.8 It is Your responsibility to ensure that:
3.8.1 Your computer
hardware and software, networking, telecommunications systems,
Internet access, e-mail and all other necessary facilities have the
necessary functionality and are in proper working order, and You
have all necessary consents and licences to use Cream; and
You have in place all necessary industry standard safeguards to
restrict third party access to Cream.
3.9 You agree to indemnify C Squared and any of its
officers, employees and agents against any loss, liability,
damages, costs or expenses of any kind incurred or suffered and any
claims or legal proceedings which are brought or threatened, in
each case arising from Your use of Cream, or any breach of
Squared reserves the right to make changes to Cream from time
Squared reserves the right to inspect the use made of Cream by You
and Your compliance with these Terms at any time. You will
permit a representative of C Squared to visit Your premises and to
have access to any computer equipment on request at reasonable
notice for these purposes.
You register with the Site using two or more email addresses
any special terms applying to such registration, including without
limitation, promotional offers and special rates, will apply only
to one of such registrations.
understand and agree that any User Content includes information,
views, opinions, and recommendations of many individuals and
organisations. We do not endorse any recommendation or opinion made
by any user. We do not routinely screen, edit, or review User
Content. You are responsible for properly analyzing and verifying
any information you intend to rely upon.
you submit any User Content on Cream, you represent to us that you
have all the necessary legal rights to submit such User Content and
it will not violate any law or the rights of any person. You agree
that upon uploading information on Cream, you grant C Squared a
non-exclusive, transferable, worldwide, fully paid-up,
royalty-free, perpetual, irrevocable right and license to use,
distribute, publicly perform, display, reproduce, and create
derivative works from your User Content in any and all media, in
any manner, in whole or part, without any duty to
4.1 In consideration of the provision of access to Cream
and the right to use the Case Studies and other content available
on Cream, You agree to pay to C Squared the Standard Charge or you
must be an authorised employee of a company that has a
4.2 If you are an employee of a company that has a
Corporate Subscription to Cream, but you were not authorised by
your company to access Cream as part of its subscription, you must
become an Individual Subscriber by paying a Standard Charge to
4.3 If you are already an Individual Subscriber and
your company authorises you to access Cream as part of its
Corporate Subscription, your Standard Charge will not
4.4 C Squared shall, at its sole discretion, be entitled
to vary the Standard Charge from time to time without notice
4.5 Payment of C Squared's Standard Charge by You for the
use of Cream shall be made by either debit or credit card.
4.6 You warrant that You are authorised to use the
debit or credit card for the payment of C Squared's Standard Charge
for the use of Cream.
4.7 If we do not receive payment authorisation or any
authorisation is subsequently cancelled, we may immediately
terminate or suspend your access to Cream without notice.
4.8 Unless we state in writing otherwise, the Standard
Charge is nonrefundable.
5.1 Except as expressly provided in these Terms, C Squared
reserves to itself the entire worldwide copyright, database right
and all other rights, title and interest in and to Cream, the Case
Studies and all the other content available on Cream.
5.2 You will not remove any notice of copyright, database
right, trade mark or proprietary marking on the Site or on any Case
Studies or any part of Cream.
6.1 C Squared is registered and complies with the Data
6.2 C Squared will collect and hold any personal
information given by You, including email address, password, full
name, job title, company name, telephone number and postal address.
C Squared does not hold your card details. When You visit
www.creamglobal.com, we automatically collect non personal
information such as IP addresses and web site usage information
processes; collect usage information; determine our total audience
size and traffic; and help us improve Cream by measuring which
areas are of greatest interest to users.
6.4 We may use your personal information to enable us to
process Your subscription; to send You information about Your
relationship with us, to notify You about our products, services,
and other information that we believe will be of interest to You;
to enhance Cream based on Your usage information; to provide
advertisers and other third parties with aggregate information
about Cream usage; to provide companies that have a Corporate
Subscription with usage statistics of their authorised employees;
to allow other select companies to send You promotional materials
about their products and services (unless You've opted out of this
6.5 We use commercially reasonable measures to safeguard
Your personal information in our possession against loss, theft and
unauthorized use, disclosure or modification.
7.1 C Squared warrants to You that Cream has been compiled
using reasonable care and skill, however, C Squared does not give
any warranty, guarantee or other representation or term as to the
quality, fitness for purpose or otherwise of Cream.
7.2 You acknowledge that all implied warranties and
conditions are excluded to the maximum extent permitted by law and
7.2.1 a Case Study is
not intended to constitute a definitive and complete representation
of the campaign to which it relates;
7.2.2 Cream includes
archived information and resources, which may be incorrect or out
of date; and
7.2.3 Cream and C
Squared's means of delivering it may be incompatible with Your
software or computer configuration.
7.3 You hereby acknowledge that You have no interest or
rights in or to any Intellectual Property Rights associated with
Cream, all of which belong to C Squared.
7.4 C Squared shall use reasonable endeavours to ensure
that all information contained on Cream is true
7.5 You acknowledge that C Squared makes no warranty,
assurance or representation as to the quality, accuracy or
completeness of any information or material contained on Cream, to
the extent that such information or material was created by a
8.1 Nothing in this Contract shall exclude or restrict
either party's liability for death or personal injury resulting
from the negligence of that party or of its employees while acting
in the course of their employment, or for fraud or for any other
liability that cannot be excluded or limited by
8.2 Subject to Clause 7.1, C Squared will not be liable to
You, in contract, tort (including negligence) or otherwise for any
indirect loss or damage, or any economic loss including direct or
indirect loss of profits, business, contracts, revenues, goodwill,
production and anticipated savings of every description, of any
kind arising under this Contract, howsoever caused and even
8.3 Neither party shall be liable to the other under this
Contract for any loss, damage, cost, expense or other claim for
compensation arising as a direct or indirect result of breach or
non-performance of this Contract due to Force Majeure.
9.1 The term of the Contract shall commence on the
Effective Date and shall continue until terminated in accordance
with the following provisions.
9.2 For Individual Subscribers the contract will terminate
12 calendar months after the Effective Date, unless we state in
9.3 For any authorised employees of companies that
have a Corporate Subscription, the contract will terminate when the
company terminates its Corporate Subscription.
9.4 If you are no longer an employee of a company
that has a Corporate Subscription, your contract is
9.5 C Squared may forthwith terminate the Contract by
giving written notice to You if You commit any material or
persistent breach of the Contract.
9.6 On termination of the Contract for any reason You will
forthwith cease to use Cream.
Squared may assign its rights under the Contract to any person and
upon any such assignment C Squared will be relieved of any further
obligation under the Contract, but the Contract is personal to You
and may not be assigned by You.
Nothing in the Contract shall constitute or be deemed to
constitute a partnership between C Squared and You or create or be
deemed to create a relationship of principal and agent between C
Squared and You.
Squared's failure to exercise any particular right or provision of
these Terms shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by C Squared to You
person who is not a party to the Contract has no right under the
Contracts (Rights of Third Parties) Act 1999 or otherwise to rely
upon or enforce any term of the Contract.
Contract shall be construed in accordance with and governed by the
laws of England and Wales. You irrevocably agree to submit to
the non-exclusive jurisdiction of the English Courts, and waive any
right to object to that jurisdiction on the grounds that it is an
inconvenient forum or otherwise.
Contract (together with the details of Cream on the Site) contains
the entire agreement between the parties with respect to its
subject matter, to the exclusion of any other terms or conditions
which You may put forward, and may not be modified except by an
instrument in writing signed by the duly authorised representatives
of C Squared and You.
acknowledge that, in entering into the Contract, You do not do so
in consideration of or in reliance on any representation, warranty
or other provision except as expressly provided in the Contract and
all conditions, warranties or other terms implied by statute or
common law are excluded to the fullest extent permitted by law, but
nothing in the Contract shall affect the liability of either party
for fraudulent misrepresentation.
any provision of the Contract is held by any Court or other
competent authority to be invalid or unenforceable in whole or in
part, the Contract shall continue to be valid as to its other
provisions and the remainder of the affected provision.
notice to be given under the Contract shall be in the English
language and sent by personal delivery, first class post or
facsimile transmission to C Squared at its registered office, or to
You at the address given by You as part of the registration
process, unless a change of such address has been notified in
writing to C Squared or You as appropriate. Notices sent by
personal delivery or facsimile transmission shall be deemed
received no later than the time of delivery or transmission and
notices sent by registered post shall be deemed received on the
second working day following dispatch, Saturdays, Sundays and
Public Holidays in each case excepted. A notice will not be
valid if given by email, text message or similar means.