Bright Collective

Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THIS WEB SITE.

These terms of use ("Agreement" or "Terms of Use") govern your use of the Bright Collective website (http://www.ghbrightcollective.com), its related content, functionality and services ("BC Website") as offered to you by Golin/Harris International Limited of 2 Waterhouse Square, 140 Holborn, London, EC1N 2AE ("GH").

Agreement to Terms

By using the BC Website, you agree to these Terms of Use. Each time you use the BC Website, you reaffirm your acceptance of the then-current Terms of Use and the Privacy Policy.

If you do not agree to the terms of these Terms of Use, you may not use the BC Website. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the BC Website.

GH may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting onto the BC Website and you agree to the new posted Terms of Use by continuing your use of the BC Website. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the BC Website.

You also acknowledge that you are not bound by or a party to any exclusive arrangement or agreement, whether contractual or otherwise, that would prohibit you from using the BC Website and its associated services.

Accounts

You will be required to create an account and specify a password to use certain features on the BC Website. Users must be aged 18 or older. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information. You must also maintain and promptly update your registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, it has the right to suspend or terminate your account and refuse any and all current or future use of the BC Website.

You are entirely responsible for maintaining the confidentiality of your password and your account. You are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us via email or mail at the address specified at the end of this Agreement. You agree to indemnify and hold harmless GH for losses incurred by GH or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Using this website

You agree that you are using the BC Website in your personal capacity and not in another capacity, for example as an employee, director, officer, contractor or agent for a third party.

Nothing in the BC Website or documents available through it constitutes professional advice. You should not rely on any information contained in this website as if it were professional advice. Contents are provided for general guidance only.

We cannot guarantee that the BC Website will operate in accordance with your expectations or will be error free.

Except as expressly permitted by applicable law, you may not copy, store, distribute, transmit, broadcast, modify or show in public any part of this website or extract material from this website or any document available through it, or exploit commercially all or any part of the BC Website without GH's prior written consent.

Content Posted or Submitted by You

Certain pages on the BC Websites may allow you to post videos, audio, photographs, graphics, text, or a combination of any or all of the aforementioned ("Content"). Unless otherwise specified on a particular site, you may only post Content to the BC Websites if you are eighteen (18) years of age or older. You may only post Content that you created or which the owner of the Content has given you the necessary rights and permissions (as required under these Terms of Use) to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to GH. You may not post or distribute Content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, is otherwise objectionable, or that violates these Terms of Use. You are solely responsible for anything you may post on the BC Websites and the consequences of posting anything on the BC Websites.

By submitting or posting Content to the BC Websites, you agree to assign to GH all rights to the Content, including copyright (including by way of present assignment of future copyright) in such Content. You acknowledge that GH may reproduce, display, perform, distribute, adapt, and promote your Content in any medium. You also agree to waive any moral rights you may have over the Content, although GH shall use reasonable endeavours to provide a credit to your nominated username when displaying your Content within the BC Website. You also represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the BC Websites (b) if you are an employee of another company, the Content you posted was created during your personal time, and (c) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.

Once you submit or post Content to the BC Websites, GH does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. GH owns all right, title, and interest in any compilation, collective work, or other derivative work created by GH using or incorporating Content posted to the BC Websites. All information, ideas, suggestions, or other communications you submit to the BC Website, including, but not limited to, Content posted on the BC Websites or communications sent via e-mail, will be on a non-confidential basis. GH will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation.

You cannot sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on the BC Websites in any way for any public or commercial purpose without GH's prior written consent. Unless you are otherwise lawfully entitled to do so, you cannot use any Content found on the BC Websites on any other website or any other medium, for any purpose except your own internal viewing. You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the BC Websites unless expressly permitted by law.

By agreeing to use the BC Website, you acknowledge that GH has the ultimate authority to review and select which particular submission or Content is selected for use in connection with any particular part of the BC Website (including any given project or engagement). You also acknowledge that in many cases individual submissions may be similar to, or otherwise resemble each other. In doing so, you waive any and all claims against GH related to whether any submissions selected by GH might infringe a trademark or copyright of you or a third party, whether or not that third party is affiliated with you.

Content Posted by Other Users

GH is not responsible for, and does not endorse, Content or any opinion, recommendation, or advice expressed by others in any posting made by other users on the BC Websites. Under no circumstances shall GH be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the BC Websites. If you become aware of misuse of the BC Websites by any person, please contact us via email or mail at the address specified at the end of this Agreement. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Activities Prohibited on the BC Websites

The following is a partial list of the kinds of conduct that are illegal or prohibited on the BC Websites. GH reserves the right to investigate and take appropriate legal action against anyone who, in GH's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to, the following:

GH reserves the right, at its sole discretion, but is not obligated to do any or all of the following:

Intellectual Property, GH Trademarks and Copyright

All content included or available on this site, including the site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright of Golin/Harris International Limited, with all rights reserved, or is the property of GH and/or third parties protected by intellectual property rights. GH and our licensors retain all right, title and interest in and to all patent rights, trademarks, inventions, copyrights, know-how and trade secrets relating to the BC Websites. All trademarks, logos, and service marks displayed on the BC Websites are registered and unregistered trademarks of GH and/or third parties who have authorized their use (collectively the "Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way.

GH neither warrants nor represents that your use of materials displayed on the BC Websites will not infringe rights of third parties not owned by or affiliated with GH. Use of any materials on the BC Websites is at your own risk.

If third party software is required in order for you to use the BC Website, you will at your expense obtain a licence of such software.

Third-Party Copyrighted Material

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us via email or mail at the address specified at the end of this Agreement with the following information:

Hyperlinks

The BC Websites may contain hyperlinks to third-party websites. GH does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may not be available, or may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that GH is not responsible or liable for any content or other materials on these third party websites.

Limitation of Liability

Subject to applicable law, the entire liability of GH, its subsidiaries and affiliate entities and their agents, clients, representatives and service provider to you under or in connection with the BC Website shall be to take such actions as are reasonably required at our sole and exclusive discretion in order to remove or delete data entered in error, remove or delete data that is the subject of dispute, or to correct data entered in error.

GH, its subsidiaries and affiliate entities, their agents, clients, representatives and services providers shall not be liable for any loss of profit or opportunity, or any indirect, special, incidental, consequential or exemplary damages arising from your use of the BC Website or for any other claim related in any way to your use of the BC Website.

Indemnification

You agree to indemnify, defend, and hold GH, its subsidiaries and its affiliate entities, and each of their agents, representatives, and service providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys' fees arising out of, or in connection with, your violation of these Terms of Use.

Termination

GH has the right to terminate your account and access to the BC Website for any reason, including, without limitation, if GH, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. GH may, but shall be under no obligation to, provide you a warning prior to termination of your use of the BC Websites.

GH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently any or all websites, services, features, Content (or any part thereof) in the BC Website with or without notice. You agree that GH shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

Competitions

The BC Website may hold competitions, sweepstakes, or other games of skill or chance from time to time, which may involve the chance to win a prize or prizes ("Competition"). You are only eligible to enter into a Competition if you are registered as a user on the BC Website. There may be additional eligibility requirements such as a restriction based on the user's place of residence. By agreeing to enter into any Competition, you warrant that your entry into the Competition complies with the law of your residence and their full agreement to the terms and conditions to the Competition and these Terms of Use. Any entry is void where prohibited by law.

The entry method, entry and winning criteria and prize details (if any) of Competitions shall be announced from time to time on the BC Website. Each Competition, unless specifically stated otherwise, will contain the following terms:

General Provisions

These Terms of Use constitute the entire agreement between you and GH regarding the use of the BC Website.

Nothing in these Terms of Use shall be deemed to constitute a partnership between us, nor constitute either of us as the agent of the other.

A person who is not a party to these Terms of Use may not enforce any of the terms under this Agreement.

These Terms of Use shall be governed by and interpreted in accordance with the laws of England and Wales. You submit irrevocably to the exclusive jurisdiction of the courts of England and Wales.

Notices

Unless you otherwise tell us in writing, we will communicate with you by email (using the email you provided to us during the registration process, as amended by you) or by posting communications on the BC Websites. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication 24 hours after we send it to the email address you have provided to us (unless the sender is notified that the email address is invalid), or when we post such communication on the BC Websites. You must keep your email address updated, and you must regularly check the BC Websites for postings. We may also give you legal notice to the address provided during the registration process (as amended by you). In such case, notice shall be deemed given three days after the date of mailing.

We prefer all notices sent to us concerning this Agreement via email to creators@golin.com. Alternatively, you may send notices via mail to Bright Collective, Golin/Harris International Limited, 2 Waterhouse Square, 140 Holborn, London, EC1N 2AE.

Last Updated March 2013