In order for you to become a Creative Member of I.A, you will need to read and agree to the following Terms and Conditions.
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- Baldric Manning
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1 TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES TO IDEAS ANONYMOUS LIMITED BY CREATIVE MEMBERS AND FOR THEIR USE OF THE IDEAS ANONYMOUS LIMITED WEBSITE: INTRODUCTION: Ideas Anonymous Limited ( I.A ) is an online advertising agency offering creative people the opportunity to gain direct access to Client Briefs and provide Creative Ideas for those Briefs. In return, the Creatives that provide the Ideas that are chosen to be presented to our Clients are paid a fee by I.A. This fee is a percentage of the Client fee to I.A and is communicated clearly by I.A to all Creative Members at the time that the Brief is posted to our Website, or soon after (usually by ). In order for you to become a Creative Member of I.A, you will need to read and agree to the following Terms and Conditions. These Terms form the basis of your relationship with I.A, so read this Agreement carefully before registering with us, providing us with your services, submitting Ideas or attempting to answer Client Briefs that are available on our website. By agreeing to I.A s Terms and Conditions or by signing up for membership of the I.A website in any capacity, you agree to be bound by these Terms and Conditions. This Agreement covers all and every future uses of the I.A Website. If you do not agree, or at some point in the future, cease to agree, with these Terms and Conditions, you must under no circumstances continue to use our Website or engage with I.A in any capacity. 1. DEFINITIONS: a) WHO WE ARE: We are a limited company registered in England and Wales under company number and have our registered office at 843 Finchley Road, London NW11 8NA. In the following terms and conditions, we will refer to our company as Ideas Anonymous Limited, I.A, we or us. b) STRATEGY DIRECTOR: Either Giselle Okin or a delegate representing her whose responsibilities include setting the strategic direction of a Brief and selecting Ideas that are relevant to the target audience and capable of solving a Client s business challenge. 1
2 c) CREATIVE DIRECTOR: Either Stuart Farquhar or a delegate representing him whose responsibilities include evaluating the creative Ideas, their ability to solve a Client s business challenge and to stand out in the market. d) WHO YOU ARE: You are an individual, company or partnership entering into this Agreement to be bound by these Terms and Conditions, referred to in these Terms and Conditions as You, the Creative, the Creative Member or Member. Creative Members of I.A are considered for membership after providing us with their contact details on the I.A Website and can be a limited company, a sole trader or employed by another company. An application for Creative membership will be accepted by I.A once, in the case of Creatives from an advertising background, we have seen evidence of a portfolio of creative work of sufficient quality (as judged by I.A); or in the case of creative people from other creative industries, after sufficient evidence (to be judged by I.A) has been provided as to the potential value of the applicant s future creative contributions to I.A. e) CLIENT MEMBERS: Client Members are individuals, companies, partnerships or individuals representing companies who have registered for membership of I.A (or who we have registered on their behalf) and who wish to engage the services of I.A and the services of its Creative Members in order to receive Creative Ideas for Briefs they submit to I.A. These Client Members are referred to in these terms and conditions as the Client or Client Member. f) BRIEF: The briefing document and any further explanations associated with that document, that set out the challenge and requirements that need to be answered by a communications idea. This is the document that will be used to evaluate the suitability of the Ideas submitted. g) PROJECT: The entire process from a Client setting a Brief to Creative Members submitting Ideas in response to that Brief until such time as the Deadline is reached. h) DEADLINE: Each Project has a limited time frame. The Deadline is the end of that time frame as dictated by a timer set on the I.A Website for each Project. 2
3 i) CLIENT MATERIAL: Any documents containing information about a Client and their business, including Briefs and all support documentation and related s containing information about a Client. j) IDEA: An original creative execution submitted by the Creative Member in response to a Brief and that has been designed for the proposed media. There are many different types of Ideas (Brand Idea, Participation Idea, Left Field Idea, etc.) all of which are defined on the Website ( and will be clearly stated on the each Creative Brief. Also referred to as a Creative Idea. k) CONTENT: All materials submitted with or to illustrate an Idea by Creative Members against a Brief, including any illustrative or supporting materials, information and links. l) SUBMISSION: Any Idea and/or Content (and associated material) uploaded onto the I.A Website, or delivered to I.A by any other means from Creative Members in response to a Brief. Also referred to as a Contribution. m) FEE: The amount of money payable to a Creative Member for each submitted Idea that is presented to a Client on a particular Brief. This will vary for each Brief and the amount will be clearly stated at the beginning of the Project. n) WEBSITE CONTENT: Any content, whether image or copy, contained on the I.A Website. o) AGREEMENT: These Terms and Conditions. p) THE WEBSITE: The Website referred to in this Agreement is the Website of Ideas Anonymous Limited that uses the domain name: ideasanonymous.co.uk at the address: This Website will hereby be referred to as the I.A Website, the Website or the Site. 3
4 2. THESE TERMS AND CONDITIONS: a) These Terms and Conditions are the Terms on which I.A contracts with the Creative Members and any submissions made to I.A will be dealt with on these terms. b) Sections of these Terms and Conditions also govern your use of the I.A Website. c) I.A may change these Terms and Conditions at any time and at its sole discretion. The modified Terms and Conditions will be effective immediately upon posting on our Website and you will be notified of those changes via the address supplied by you at or after sign up. You will then be required to agree to the new Terms and Conditions when you next sign in to the I.A Website. 3. PROJECTS: By participating in I.A Projects you acknowledge that you have read understood and agree to these Terms and Conditions. If you do not agree to the Terms and Conditions, you should not participate in our Projects. 4. SUBMISSIONS: We take a Brief from a Client and translate that Brief into an I.A Creative Brief, which we then make available to all our Creative Members. Should you voluntarily choose to participate in that Project (answering that Brief by submitting Creative Ideas to our Website), there are conditions that you should be aware of regarding our legal relationship and your submitted work: a) Should the Creative Member have uploaded an Idea or Ideas on a Project prior to the changes being made to the Terms and Conditions, then the Terms and Conditions that were in place at the time that the Creative Member uploaded those Ideas shall apply to that Creative Member for the purposes of that Project and any existing or further submissions of Ideas on that Project. b) The text of the Idea you provide must be in English. c) Any file uploaded to the I.A Website to illustrate a Creative Idea must be by means of a photo, video, word document or other electronic file no larger than 50 MB in one of the following formats: jpg, jpeg, pdf, ppt, pptx, doc, docx, mpg, mpeg, mov, avi, psd or ai. 6. YOUR RELATIONSHIP WITH I.A: To become a Creative Member of I.A, you must create an account with us through our online registration process. 4
5 a) You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. b) 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. c) You are entirely responsible for maintaining the confidentiality of your password and your account. d) And you are entirely responsible for all activity made by you or anyone that uses your account. e) If you believe that your account has been compromised, you must immediately contact I.A via using the contact details available on the Website. f) When you sign up for membership to I.A and/or interact with I.A in any way or capacity, including submitting Ideas, or by participating in any Project, you agree that you are acting voluntarily and using your own free time and resources. You agree that nothing establishes an employer/employee relationship between you and I.A or between you and any of our clients. g) You agree that you are not an agent of I.A and unless otherwise agreed in writing, you shall have no right to make contracts or enter any engagements on I.A s behalf. h) Nothing in these Terms and Conditions are intended to, or shall be deemed to, establish any partnership, joint venture or agent and principal between any of the parties, nor authorise any party to make or enter into any commitments for or on behalf of any other party. These Terms and Conditions are personal to you, and you shall not be entitled to assign any of your rights or obligations without our prior written consent. 7. MEMBERS EMPLOYED BY COMPANIES: If you are a Creative Member of I.A employed by another organization, you warrant that you are not in breach of your contract of employment as regards to the Ideas you submit to I.A. You agree to take full responsibility and to indemnify I.A for any consequences or damages resulting from any breach of contract with your employer as a result of supplying your services, Idea(s) and / or Content to I.A. 5
6 8. WARRANTIES REGARDING THE ORIGINALITY OF YOUR SUBMISSIONS: a) You warrant that all and any Ideas submitted by you to the Website (or to I.A through any other means) in connection with any Project, are original to you and not taken from anyone or anywhere else. b) You warrant that all and any Ideas submitted by you to the Website (or to I.A through any other means) in connection with any Project, have not, to the best of your knowledge, been used or submitted previously to us or to anyone else, or exhibited or displayed publicly through any means. c) You also warrant that, to the best of your knowledge, you are not aware of any past, present or future presentation or production of any Idea that you submit to the Website (or to I.A by any other means) in connection with any Project, to, for or by any brand, client or agency. d) We do not accept or condone plagiarism of any kind or degree. 9. OWNERSHIP OF SUBMITTED CREATIVE IDEAS: The copyright of all and any Idea, of whatsoever type, that you produce and submit in response to an I.A Client Brief will remain yours up to the point that it is selected for presentation to Client. On being informed (via the address supplied by you to the Website) that your Idea is to be presented to Client, a consideration becomes due to you and, at that point, the Idea and the associated Content provided by you, is deemed to be the property and copyright of I.A and it may be used and disposed of at I.A s sole discretion and you agree that all Intellectual Property Rights to that Idea and associated Content shall be assigned by you to Ideas Anonymous Limited. 10. CREATIVE IDEAS THAT ARE NOT CHOSEN FOR CLIENT PRESENTATION: a) You accept that after completion of a Project, I.A shall keep a record of any Creative Idea submitted by you in connection with that Project, should I.A deem that Idea to have any future potential value to any existing or potential I.A Client or Project. b) Should I.A decide that such a Creative Idea has become worthy of presentation to any Client for any future Project, I.A will contact you for your permission to present that Creative Idea to an I.A Client. c) In such circumstances outlined in clause 10(b) above, you warrant that you will immediately inform I.A (prior to any such presentation to an I.A Client) should you be aware that the Creative Idea in question has been subsequently used, presented, proposed or produced, or 6
7 is intended to be used, presented, proposed or produced to, for or by any brand, client or agency. 11. OWNERSHIP OF SUBMITTED CONTENT: a) By agreeing to these Terms and Conditions you warrant that any Content created or supplied for or with the Idea that you are submitting, whether Ideas, footage, designs, image, illustrations, graphics, text, voices, comments, descriptions, statements, photographs, videos, audios, data, files, downloads or anything else that you submit to I.A, is original to you and created solely by you and does not infringe the copyright or any other right, of any other person or entity, and that you have not previously granted any rights to such Content to any other person or entity. This does not apply to any reference material that you supply with your Idea, provided that the purpose of such reference material is solely to add context to your Idea and is not intended for commercial use. b) You warrant that you will make known to I.A any copyrighted material that you have provided to us for the purposes of illustrating or providing context for an Idea. c) You also agree that use of the Idea or Content supplied by you in connection with your Idea, by I.A or an I.A Client in any way, including, without limitation, for the purposes of advertising, marketing and/or promoting of any product or service whatsoever, is not in violation of any third party rights, with the exception of any contextual reference material supplied with the Idea. d) In the event that two Creative Members submit the same Idea or Ideas that demonstrate similarities enough as to effectively be the same Idea during the duration of a Project and that Idea is deemed by I.A to be worthy of presentation to the Client, then the Idea that was submitted first shall be the Idea presented and therefore the Creative Member who submitted the Idea first shall receive the Fee for that Idea. e) You accept that, in all matters of dispute by, amongst or between Creative Members or between Creative Members and I.A, over ownership of Intellectual Property Rights or copyright to or of submitted Ideas and Content submitted to our Website, the decision of I.A is final. 12. OWNERSHIP OF IDEAS DURING & AFTER AMENDMENTS OR REVISIONS: a) You accept that Creative Ideas submitted by you that I.A decide to be worthy of consideration for Client presentation, but that are not submitted in a form or to a degree that I.A deem to be immediately presentable to the Client unchanged, are subject to I.A requiring changes in the form of edits, alterations, modifications, adaptations or revisions to the Creative Idea for the purposes of making the Creative Idea presentable to the Client. 7
8 b) Should such changes be required, I.A shall inform you of the changes required and offer you the option of making those changes yourself. I.A warrants that we will contact you via the address you have supplied to our Site with details of the changes that we consider necessary. c) However you accept that any changes, edits, alterations, modifications, adaptations or revisions to the Creative Idea may be made by I.A on your behalf at any time. d) You agree that such changes may be made to the Creative Idea without your consent to or approval of those changes and are such changes are at the sole discretion of I.A. e) Should it become necessary for I.A to makes changes to your Creative Idea prior to it being submitted to the Client such changes made on your behalf will not affect your ownership of the Intellectual Property Rights to the Creative Idea you have submitted, until such time as that Idea is presented to the Client (at which time the Intellectual Property Rights to the Idea transfer to I.A). f) You accept that the judgment and decision of I.A as to whether a Creative Idea exists in a form that is presentable to Client is final. g) In all circumstances, the decision made by I.A as to the Ideas that are presented to a Client and therefore eligible for a Fee is final and that we reserve the right to refuse Contributions or to prevent you from participating in any of our Projects at any time. 13. EARNINGS & PAYMENT TERMS: a) I.A pays a Fee to Creative Members who submit Creative Ideas that are chosen by I.A to be presented to a Client. In cases of Submissions that are not chosen to be presented to a Client, you will not be paid a Fee for your Submissions. b) If a Creative Member makes a Submission that is chosen and presented to an I.A Client, that Creative Member will be due the Fee for that Idea as set out at the time of the Brief being posted. c) Payment of Fees due to the Creative Member is subject to I.A. receiving full payment from I.A s Client for the Project. 14. TAXATION ON PAYMENTS: We pay Creative Members gross of tax. You are responsible for paying the tax due on any payments you receive from us. 8
9 15. CONSENT TO COMMUNICATION: a) I.A will communicate with you by (using the address you provided during the registration process or as amended by you) or by posting communications on the I.A Sites. You also consent to I.A contacting you by telephone if you have supplied I.A with a telephone number. b) You consent to receive communications from I.A electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. c) You will be considered to have received a communication 24 hours after I.A sends it to the address you have provided to I.A (unless the sender is notified that the address is invalid), or when I.A posts such communication on the I.A sites. d) You must keep your address updated, and you must regularly check the I.A Sites for postings. e) I.A may also send you legal notices to the address you provided during the registration process (or to any address subsequently amended and notified to us by you). In such case, notice shall be deemed to be given three days after the date of mailing. f) I.A prefers all notices to be sent to I.A concerning these Terms and Conditions via to the contact details on the I.A Website. 16. CONFIDENTIALITY AND NON-SOLICITATION: All information and material relating to an I.A Client or Brief is confidential. a) You shall keep confidential and shall not disclose to any third party any information or material relating to the Client or I.A Projects which comes to your knowledge as a result of your participation in I.A Projects or which was given to you before such confidential information was made public. b) You promise not to give to any person for publication in any media, any interview, or make or release any statement, or disclose any material similar to your contribution, or relating to a similar subject matter without our prior written approval. c) You shall destroy all printed copies of the Project Brief connected to the Ideas you submit to the I.A Website for any Brief and that you shall remove the Brief from shared computers. d) Any material provided to you, by us or the Client, for example material containing the Client s brands, proposed brands, products, service names and marketing plans, are the 9
10 trademarks or trade names and intellectual property of the Client or their trading partners unless otherwise stated ( Client Material ). Your use of the Client Material is limited to use within the Project and such permission may be withdrawn at any time and you may not use, adapt, edit or reproduce any of the Client Material other than for the purposes of the Project. After the end of the Project you undertake not to use the Client Material for any purpose and to delete or destroy all Client Material, including Client Material contained within your Contribution that is still in your possession. e) In addition you acknowledge that damages alone would not be an adequate remedy for the breach of the confidentiality obligation set out above. Accordingly, without prejudice to any other rights and remedies it may have, we may be entitled to the granting of equitable relief (including without limitation injunctive relief, concerning any threatened or actual breach of any provisions of these Terms. f) You consent to I.A transferring any information supplied by you in the course of participation in any I.A Project to I.A employees and I.A Client Members. g) The protection of I.A s confidential information and legitimate business interests is crucial to us, especially as one of I.A s founding principles is anonymity for all our Client and Creative Members. h) Subsequently, you agree the following, during your engagement with I.A and within 6 months of your engagement with I.A: i) You shall not approach an I.A Client, or a Client whose identity has been revealed to you via the I.A Website or by I.A employees in any form or by any means, with any commercial intentions, especially to solicit business for yourself or the organisation you may be employed by, with a view to supplying the Client with services in competition with I.A or any of I.A s employees. ii) iii) You agree never to contact any I.A Client directly without the express permission of I.A, which you will need to request in writing using the addresses available on the Website. If you are employed by or acting on behalf of a marketing communications agency, an advertising agency, or any similar company, you agree to keep the names, requirements, Briefs, requests or any details of I.A Clients confidential and you agree never to solicit or attempt to solicit any business or Client contact for the agency that you work for. 10
11 iv) You agree that you shall not encourage or try to encourage any individual, company or other organisation that is a Client of I.A to withdraw its custom from I.A or any employee of I.A. 17. DATA PROTECTION: a) We are committed to ensuring that your information is secure and will never intentionally impart your personal information to any third party. Nonetheless, due to the inherent risks of the Internet we cannot guarantee the protection of such information against loss, misuse or alteration. b) I.A shall never knowingly reveal the identities of our Creative Members to any third party unless the Creative Member has given us their express permission to do so or I.A. is required to do so by law. At I.A, we are committed to preserving your anonymity until such time as you decide otherwise. c) You consent to the publication via , of your I.A membership number to all I.A. Creative Members for the purposes of informing all Creative Members of the Ideas that were deemed worthy of presentation to a Client. 18. TERMS AND CONDITIONS OF YOUR USE OF THE I.A WEBSITE: The following Terms and Conditions of section 18 govern your use of the I.A Website. a) LIMITED LICENSE: i) I.A grants you a limited license to access and make personal use of the I.A Website, but not to download (except for I.A Creative Idea Templates, I.A Client Briefs and files associated with your own Ideas) or modify any portion of the I.A Website, except as specifically authorized on the I.A Website or otherwise with our express written consent. ii) iii) This license does not include any resale or commercial use of the I.A Website, or the contents of the I.A Website; any derivative use of the I.A Website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by us; or any use of data mining, robots, or similar data gathering and extraction services. The I.A Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 11
12 b) COOKIES: i) By agreeing to these Terms, you agree to the use of cookies on our Website. When you sign up as a Creative Member, you will need to consent to the use of cookies by agreeing to these Terms and Conditions. ii) For transparency and clarification, the cookies we use on the I.A website are displayed in our separate Cookie Policy available on the I.A website. c) WEBSITE CONTENT POSTED BY OTHER USERS: i) I.A is not responsible for, and does not endorse, Website Content posted by any other user, or any opinion, recommendation, or advice expressed by others in any posting made by other users on the I.A Website. ii) Under no circumstances shall I.A 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 I.A Website. d) WEBSITE CONDUCT: The following is a partial list of the kinds of conduct that are illegal or prohibited on the I.A Website. I.A reserves the right to investigate and take appropriate legal action against anyone who, at I.A's sole discretion, engages in any of the prohibited activities and will terminate your membership. Prohibited activities include - but are not limited to - the following: i) Criminal or tortuous activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, sending-of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; Circumventing or modifying any security we have in place for the website. Using viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of or access to a computer or a computer network; Modifying, copying, distributing, downloading, scraping or transmitting any content on the website other than information you have submitted; Providing or using tracking or monitoring functionality in connection with the website, including, without limitation, to identify other member s views, actions or other activities; Using the I.A Website for any purpose in violation of laws or regulations; posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party. Posting telephone numbers, street 12
13 addresses, or last names of any person. Impersonating another person when posting Content; Harvesting or otherwise collecting information about others, including addresses, without their consent; Allowing any other person or entity to use your identification for posting or viewing comments; Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the I.A Website, or which, in the sole discretion of I.A, exposes I.A or any of its customers, suppliers, or any other parties to any liability or detriment of any type; Encouraging other people to engage in any prohibited activities as described herein. ii) I.A reserves the right, at its sole discretion, but is not obligated to do any or all of the following: Investigate an allegation that any Content posted on the I.A Website does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the Content. Remove Content that is abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions; terminate a user s access to the I.A Website upon any breach of these Terms and Conditions. Monitor, edit, or disclose any Content on the I.A Website; Edit or delete any Content posted on the I.A Website, regardless of whether such Content violates these standards. e) HYPERLINKS: The I.A Website may contain hyperlinks or references to third party websites other than the I.A Website. Any such hyperlinks or reference are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any thirty party website does not constitute an endorsement of such third party s website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website. f) WARRANTIES: i) You warrant that, to the best of your knowledge and belief, that all information supplied to I.A in relation to I.A projects and dealings with I.A before and during the period of engagement of your services will be accurate and not in any way contrary to the laws of England and Wales. ii) The I.A Website is provided on an "as is" basis. To the fullest extent permitted by law, I.A, and each of its agents, clients, representatives and service providers, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of mercha ntability, noninfringement of third parties' rights, and fitness for particular purpose. 13
14 Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. iii) I.A, its agents, Clients, representatives and service providers cannot and do not guarantee or warrant that: (a) the I.A Website will be reliable, accurate, complete, or updated on a timely basis; (b) the I.A Website will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the I.A Website will be free of infection by viruses, worms, trojan horses, or other codes that manifest contaminating or destructive properties; (d) any content you post on the I.A Website will remain on the I.A Website; or (e) the functions or services performed on the I.A Website will be uninterrupted or error-free or that defects in the I.A Website will be corrected. g) LIMITATION OF LIABILITY: i) I.A, its agents, clients, representatives' and service providers entire liability and your exclusive remedy with respect to any dispute with respect to your use of the I.A Website or any submission or revised submission you may make in connection with any project is to discontinue your use of the I.A Website. ii) iii) I.A, its agents, clients, representatives and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the I.A Website, any submission or revised submission you may make in connection with any project, or for any other claim related in any way to your use of the I.A Website. These exclusions for indirect, special, incidental, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if I.A, its agents, clients, representatives and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. I.A s, its agents', clients, representatives' and service provider's liability shall be limited to the extent permitted by law. h) INDEMNITIES: i) You agree to indemnify and hold I.A harmless for losses incurred by I.A or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password. 14
15 ii) iii) iv) You agree to indemnify, defend, and hold I.A, and each of its 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 legal fees arising out of, or in connection with, your use of the I.A Website, interaction with I.A as a company whether online or offline, or your violation of these Terms, or your violation of any rights of another person or entity. I.A endeavours to ensure to the best of its ability that all Ideas delivered do not infringe or encroach upon the copyrights, trademarks or intellectual property rights of any third party, however you agree that you will indemnify, defend and hold I.A and each of its 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 legal fees arising out any breach of copyright, trademark or intellectual property rights ownership infringement. Should either party or its employees sustain any loss or liability, costs (including legal costs) or damages as a result of the other s breach of this agreement, the party in breach shall indemnify the other subject to the provisions set out in the limitation of liability clauses above. 19. TERMINATION: I.A has the right to terminate your account, membership and access to the I.A Website for any reason, including, without limitation, if I.A, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and Conditions. I.A may, but shall be under no obligation to, provide you a warning prior to, or explanation for termination of your use of the I.A Website. 20. GOVERNING LAW, SEVERABILITY AND WAIVER: a) Exclusively the laws of England and Wales shall govern these Terms and Conditions and the courts in these territories will have exclusive jurisdiction. b) If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. c) No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision. 15
16 21. ASSIGNMENT: Neither party shall assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it without the prior written consent of the other party. 22. THIRD PARTY RIGHTS: It is not intended that any third party should acquire any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. 23. ENTIRE AGREEMENT: a) This Agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this agreement. b) The parties agree that neither of them have been induced to enter into any contractual documentation in reliance upon any warranty, representation, statement, agreement or undertaking of any kind (whether negligently or innocently made) of any person other than as expressly set out in this agreement as a warranty. The only remedy available to the parties for breach of the warranties shall be for breach of contract under the terms of this agreement and the parties unconditionally and irrevocably waive any other claims, rights or remedies that may otherwise be available. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud. c) No variation of this Agreement or of any of the documents referred to in it shall be valid unless it is in writing and signed by or on behalf of each of the parties. Ideas Anonymous Limited. 16
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