1. About the Website
1. 1. Welcome to https://eranthomson.com (‘Website’). The Website is the digital domain of Eran Thomson and provides original content, portfolios, writing samples, links to other interesting content, and more.
1. 2. The Website is operated by Eran Thomson. Access to and use of the Website, or any of its associated Products or Services, is provided by Eran Thomson. Please read these terms and conditions (‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1. 3. Eran Thomson reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Eran Thomson updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Eran Thomson in the user interface.
3. Copyright and Intellectual Property
3. 1. The Website, the content and all of the related products of Eran Thomson are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Eran Thomson or its contributors.
3. 2. All trademarks, service marks and trade names are owned, registered and/or licensed by Eran Thomson, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Eran Thomson does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Eran Thomson.
3. 3. Eran Thomson retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
3. 4. You may not, without the prior written permission of Eran Thomson and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
4. Privacy
Eran Thomson takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Eran Thomson’s Privacy Policy, which is available on the Website.
5. General Disclaimer
5. 1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5. 2. Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Eran Thomson will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5. 3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Eran Thomson make any express or implied representation or warranty about the content or any
products or content (including the products or content of Eran Thomson) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the products of Eran Thomson; and
(d) the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
6. 1. Eran Thomson’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
6. 2. You expressly understand and agree that Eran Thomson, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6. 3. You acknowledge and agree that Eran Thomson holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Contract
7. 1. If you want to terminate the Terms, you may do so by providing Eran Thomson with 11 days’ notice of your intention to terminate by sending notice of your intention to terminate to Eran Thomson via the ‘Contact Us’ link on our homepage.
7. 2. Eran Thomson may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Eran Thomson is required to do so by law;
(c) Eran Thomson is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Eran Thomson, is in the opinion of
Eran Thomson, no longer commercially viable.
7. 3. Subject to local applicable laws, Eran Thomson reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Eran Thomson’s name or reputation or violates the rights of those of another party.
7. 4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Eran Thomson have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Indemnity
8. 1. You agree to indemnify Eran Thomson, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
9. Dispute Resolution
9. 1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
9.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 11 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 11 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
9. 4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If 11 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by Eran Thomson is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
11. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
13. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
14. Folio Reviews
14.1 Whisky Guarantee
All reviews come with my Lifetime money-back “whisky guarantee.” This means, if, after working together you wouldn’t gladly help me move house, invite me to Christmas dinner, or loan me your Ferrari – and you haven’t taken any of my feedback on board – I will give you your money back minus the cost of a good bottle of whisky or tequila. Yes, I will get a receipt. See the official Refund Policy.
If we collaborate on work that gets entered into any/all award shows you agree to give me a credit (Copywriter, Creative Director, etc. as agreed on a per-entry basis) and spell my name correctly.
14. 2 Employment
My goal with every review is to help you improve the quality of your work and how you present it to possible clients and employers. I cannot guarantee that you will get the gigs you want and no guarantee should be inferred despite my best efforts and intention to help you do so. You understand that working with me and paying for a review is not a guarantee of future employment.
14.3 a. Creative Disclaimer:
It takes courage to share your creative work with an internet stranger so they can give you honest feedback. And I am grateful to everyone who has sent me theirs. I do this because I want to see all creative professionals succeed. And because it makes me better at what I do too. Every review is a first and authentic reaction to the work and how people present themselves. Just like you’d get if you’d get from a recruiter or CD if you were interviewing for a job. The difference is I don’t hold anything back. This is especially important for people whose folios still need work before they’re great. In an agency interview, if the CDs don’t love your work they won’t always tell you. Often they’ll just thank you for coming in and never speak to you again. Over the course of my career, I’ve always asked everyone who showed me their work if they wanted feedback or not. If they said yes, I’d ask how they wanted it: gentle or harsh truth. In my opinion, hearing the harsh truth is the fastest way to make your work better, and that’s what I promise to always give you here. “It’s never personal. It’s always about the work.” I don’t have to love everything. Nobody ever will. And you may not agree with everything I say, and that’s OK. But if things aren’t clear and don’t seem well-crafted to me, there’s a good chance you could be dismissed by others. “I am absolutely confident I can help you create a well-crafted and curated portfolio.” If you booked a free Bronze Boomerang the conversation is one-way. If you’d like to have more of a collaborative conversation about your work and how to make it better, then check out my other review levels. The Bronze Boomerang and Silver Skillet will make your portfolio better. The Gold Gull and Titanium Torch reviews will make you better with skills and coaching to progress your career – not just your folio. The goal is to get you to a place where you won’t get dismissed and are more likely to make it to the next round. And get the gigs you really want. Every review comes from a place of love and respect and a desire to see you succeed. I don’t take you, or the time, energy, and focus it takes to build a great portfolio for granted. Remember, good is the enemy of great, and I want you to be great. And lastly, these are my opinions only. Do with them what you will. If you don’t like my feedback, I highly recommend you get other people’s. But if you start hearing the same notes over and over, it’s time to listen. As the saying goes, if people keep telling you that you have a tail…Sooner or later you gotta turn around and look.
14.3 b. Legal Disclaimer
Eran Thomson shall not be liable to you or any third party for any loss, damage, or injury arising out of or related to your use or reliance on the portfolio review videos or any information contained therein. You acknowledge that the portfolio review videos are provided for educational and informational purposes only and are not intended to be a substitute for professional advice or guidance. You agree to use the portfolio review videos at your own risk and to independently assess any recommendations or suggestions made therein. Eran Thomson shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to the use or inability to use the portfolio review videos.
14.4 Public Visibility of Reviews
All reviews are public by default and may be shared on this and other sites and publications without limitation. By agreeing to a review you grant an irrevocable right, in perpetuity, worldwide for the content of the review, including your work, website and any/all other supplied materials to be used by Eran Thomson for educational and promotional purposes under “fair use.” If you paid for a private review and asked for and received a refund your review may become public.
14.4 Anonymity
Every effort will be made to prevent the identity (names) of review customers from being indexed and showing up in search engine results. This includes only using initials instead of full or partial names in headings, titles, or SEO tools. First names may be used in the body of the review and can be removed by written request using the contact form on this site.
14.5 Public Links/URLs
Links to submitted portfolios will be made public for educational purposes under fair use.
14. 6 Indemnity
Eran Thomson shall not be liable for any claims, damages, or expenses arising out of or related to the public review of your portfolio under fair use. You agree to indemnify and hold Eran Thomson/Notice Pty Ltd harmless from any claims, demands, suits, or actions, including attorney’s fees and costs, arising out of or related to your portfolio and the public review of such portfolio under fair use.
By submitting your folio for a review you agree to waive and release any and all claims, demands, suits, or actions, including any right to pursue legal action or seek damages against Eran Thomson/Notice Pty Ltd, arising out of or related to the public review of your portfolio.
14.7 Copyright
Eran Thomson/Notice Pty Ltd shall only use the work of portfolio review customers in the portfolio review videos under fair use or with the permission of the owner of the work. By submitting your folio for review you represent and warrant that you have the right to grant Eran Thomson permission to use the work as part of the portfolio review videos. Eran Thomson shall not be held liable for any copyright infringement arising out of the use of the work in the portfolio review videos with the permission of the owner.
14. 8 Defamation
Eran Thomson shall provide constructive criticism in the portfolio review videos and shall not make any false statements about the customer or their work that could be considered defamatory. By submitting your portfolio for a review you acknowledge that Eran Thomson is entitled to express their opinion about the work, but such opinions shall be made in good faith and without malice. Eran Thomson shall not be held liable for any claims, damages, or expenses arising out of or related to any defamatory statements made in the portfolio review videos
14.9 Privacy
Eran Thomson shall respect every customer’s privacy and shall not share any personal information about you that they have not consented to share. You acknowledge that Eran Thomson may use your name and work in the portfolio review videos and agrees to such use. However, Eran Thomson shall not be held liable for any claims, damages, or expenses arising out of or related to any unauthorized disclosure of your personal information.
14. 10 Publicity
You hereby grant to Eran Thomson the right to use your name, likeness, and work in connection with portfolio reviews and videos. You acknowledge that such use may include publication on Eran Thomson’s website, social media channels, and other promotional materials. You represent and warrant that you have the right to grant such use and that it will not infringe on the rights of any third party. You hereby release and dischargesEran Thomson from any and all claims, demands, or causes of action that they may have against Eran Thomson arising out of or in connection with the use of their name, likeness, or work in the portfolio review videos
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