Terms of Use
These
terms of use govern your use of this website. It’s good to know the rules, so
have a sit down, a nice cup of tea and take 5 to read them in peace. Then you
can wander through our website to your heart’s content, at one with the world
and amazed at the great creatives out there in Adland. For simplicity we’ve
defined the following terms (in alphabetical order):
“Content” means the content on this Website, which includes,
without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features, trade marks, service marks, logos,
Submissions and User Comments on this Website;
“DoubleClick” means DoubleClick, a division of Google Ireland
Limited;
“Innovation
Gallery” means the online gallery made
available by Us through the Website to showcase some
of the best campaigns produced in TABS;
“Submission” means a creative campaign or creative submitted by a
DoubleClick customer to Us, via the Website or
otherwise, for inclusion in the Innovation Gallery;
“Terms
of Use” means these terms of use;
“We”, “Us” and “Our” means DoubleClick;
“User
Comments” means comments on the Website
provided by users in respect of any Submission or other Content;
“Website” means this website at http:\\innovation.doubleclick.com,
the functionality made available through this website and the Content; and
“You” and “Your” means you or the company, agency
or other entity.
- Your Acceptance of These Terms
By using or visiting this Website
You agree to these Terms of Use and Our Privacy Policy at http://www.doubleclick.com/privacy/index.aspx,
which is incorporated by reference, even if you think they do not apply to You. If You do not agree to any of
these Terms of Use then please do not use this Website, because these Terms of
Use will apply anyway and then we risk falling out. We may, in Our sole discretion, modify or revise these Terms of Use and
policies at any time, to stay current and keep it real, and You agree to be
bound by all such changes. Smashing.
- General Permissions, Restrictions and Exclusions
- We grant You permission to access and use this
Website, provided that:
- You do not distribute any Content or other
aspect of this Website, unless We explicitly authorise You in writing in
advance (although You can of course send people links to this Website to
spread the word); AND
- You comply with these Terms of Use and all
applicable local, national and international laws and regulations in Your use of this Website.
- We
reserve the right to discontinue any aspect of this Website at any time.
- You
use this Website at Your own risk. It’s probably not a big risk, but in
any event We disclaim all warranties that may
otherwise exist in connection with the Website and Your use of it. We are
not liable for any harm or damage that happens as a result of You using this Website, although We are liable for
anything that the law says we cannot exclude.
- This Website may contain links to third party
websites (i.e. websites not owned or controlled by Us).
We will not and cannot censor or edit the content of any third party
websites. We assume no responsibility for the content, privacy policies,
or practices of third party websites, which are many and various, and We have no liability in relation to Your use of third
party websites. You expressly waive any rights You
may have to the contrary. Nothing in these Terms of Use gives benefits or
rights to any third parties, but certain Content is subject to third
party restrictions.
- You indemnify us at all times for all
third party claims and damages (which includes all losses, liabilities,
costs, expenses and reasonable legal fees) arising against Us in
connection with: (A) Your use of the Website; (B) breach of any of
Your representations, warranties or obligations in these Terms of
Service; (C) Your infringement of any third party right; or (D) any third
party claims against Us relating to Your Submissions. This indemnity
continues after these Terms of Use terminate, so You
are always liable for Your actions in relation to them.
- You
may not assign or transfer these Terms of Service, or any rights and
licenses granted to You by them. We may assign
them without restriction.
- Content
- Content is owned by or licensed to Us and remains subject to Our copyright, other
intellectual property rights and legal rights and those of Our licensors.
Content is provided to You ‘as is’ including any errors, solely for Your
information and personal use and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever (yup, that’s comprehensive enough), unless
the applicable owner gives You written consent in advance.
- You shall not use, copy, or distribute any
Content except as expressly allowed to by these Terms of Use. We reserve
all rights that are not expressly granted to You
in these Terms of Use, even those we can’t think of.
- You
shall not circumvent, disable or otherwise interfere with security-related
features of this Website, including with pliers or gum foil, or features
that enforce limitations on use of this Website or any Content or that
prevent or restrict use or copying of Content or any aspect of this
Website.
- Submissions
- If You are a DoubleClick customer You may
make Submissions. In fact we hope you will. We do not promise to publish
all Submissions and do not guarantee any confidentiality with respect to
any Submissions, whether or not they are published.
- You
and Your licensors retain all ownership of Your Submissions. You are
responsible at all times for Your Submissions and the consequences of
posting or publishing them. Do not send Submissions that are copyrighted,
protected by trade secret or otherwise subject to third party proprietary
rights unless You own them or You have the
necessary permission from their owner to submit them and grant Us the
rights required by these Terms of Use.
- By
sending a Submission:
- You represent and warrant that You have all the
rights You need to send it and to allow Us to use it as intended under
these Terms of Use, either as the owner or the licensee of the necessary
licences, rights, consents and other permissions;
- You
agree that You are solely responsible for that Submission and Google is
not liable to You or third parties in relation to it;
- You
grant Us a worldwide, non-exclusive, fully paid up, royalty-free,
sublicensable, transferable, perpetual and irrevocable licence for Us to
use, reproduce, distribute, prepare derivative works of, display and perform
that Submission on this Website or otherwise in connection with
DoubleClick's business; amongst other things this enables Us to promote
and redistribute Submissions and this Website in whole or part and
derivative works in any format through any media to anyone (like the
public); and
- You
grant to each user of this Website (friends, peers and strangers alike)
a non-exclusive, perpetual and irrevocable licence to access Your
Submission through this Website and to use, reproduce, distribute,
display and perform that Submission solely as permitted to end users
through the functionality of this Website under these Terms of Use.
- You can tell Us to
remove or delete any of Your Submissions from the Website at any time and
We will do so. We are allowed to retain server copies of Submissions that
have been removed or deleted, but are not allowed to display, distribute
or perform them.
- We do not endorse any Submission or any product,
service, opinion, recommendation, or advice expressed in any Submission,
nor do we endorse any User Comments. In fact, We
expressly disclaim any and all liability in connection with Submissions
and User Comments.
- We do
not permit copyright infringing activities or other infringement of
intellectual property rights on the Website and We
will remove all Content and Submissions that We are notified infringe
another's intellectual property rights. It’s like that and that’s the way
it is. We reserve the right to remove Content and Submissions without
prior notice.