Membership Agreement

This section offers information about our Membership Agreement, which covers the terms and conditions of your browsing ideas on the gallery and their confidentiality, as well as the terms and conditions of holding pitches for ideas on OpenAd.net. All Buyers are to sign this agreement before they start to take advantage of OpenAd.net's great services. Please also note that there are some things that are not covered by our Membership Agreement. For example, it's not always possible to purchase all components in an idea with a single licence fee. Many Creatives use additional elements to help express their ideas and these elements (photographs, music suggestions, etc) may well require separate licensing. Bite-size guide to Membership Agreement There are a lot of important elements to the Membership Agreement. But to help you get a good idea of the important details quickly, we've compiled a bite-size list of the key points for you:

1. Members are not allowed to browse or access material on OpenAd.net unless they agree to (and sign) the terms of the Membership Agreement.
2. When you've paid your membership fee, you can then:
   1. browse the categories you have selected
   2. hold pitches
   3. licence ideas (or rather expressions of ideas) for use in your advertising or communications.
3. Your membership fee is calculated in accordance with the Membership Fee Schedule (VAT will be added, where applicable).
4. Members can only use materials that they have licensed. You are therefore not allowed to use, reproduce, distribute, display, publicly perform, exhibit, broadcast, transmit or make available any material featured on OpenAd.net (or design any material in any way similar to any material on the site) unless already licensed by you.
5. OpenAd.net maintains the quality of our site by constantly reviewing all content. We therefore assess and subsequently accept or reject the technical and commercial quality of all ideas submitted.
6. When Members hold a pitch, you must complete a briefing form. The contents of this form including the quality, accuracy and clarity of all the information are solely your responsibility.
7. When you hold a pitch you set the start date and deadline. You may also extend this deadline at any time.
8. All ideas submitted in reply to your pitch will be available for you to view within 48 hours of the deadline.
9. OpenAd.net subjects all pitch replies to pre-selection quality control. Once a pitch reply has been assessed and accepted, it is published on the pitch holder's account as an entry. Also, all pitch replies should be in the pitch-holder's portfolio within 48 hours from the deadline, and will remain in the Buyer's account for 30 days from the pitch deadline. However, it's important to note that OpenAd.net gives no guarantee or warranty in respect of pitch replies or entries for any pitch, and similarly can't guarantee that any pitch reply complies with any brief.
10. As a pitch holder you may offer a cash prize to the winning entry. If you have offered a cash prize, you must award it. The prize sum is then subtracted from any licence fee you pay to the winner. Please note that you are under no obligation to license the winning entry (although you must grant the award/prize if you have offered one).
11. Once you've paid the licence fee, you acquire rights for material for use in your advertising or communications (or those of a client if you are a reseller). You will not receive any refund or compensation for not using the material during the licence term.
12. Licences may last for:
    
    1. 12 months (renewable upon negotiation with OpenAd.net and the author)
    2. perpetuity
    Licences may cover:
    1. one territory
    2. multiple territories
    3. the world.
13. OpenAd.net's Standard Pricing System calculates licence fees according to:
    1. the size of the Member's (or Member's client's) business
    2. the territory of use
    3. the number and type of elements in the idea
    4. the duration of the licence (a perpetual licence is twice the price of a 12-month licence)
    5. any other reasonable factor that may be taken into account by OpenAd.net.
    N.B. However, Creatives may decide not to use this system and set the price themselves.
14. The licence fee is payable by the Member prior to the delivery/use of the material.
15. All ideas are sold exclusively. This means that no idea can ever be re-licensed by another Member at a later date, even if the Member who licensed the idea chooses not to extend the term of the original licence.
16. Some concepts will include photographs from online photo stocks or libraries (e.g. Corbis and Photolibrary). Your OpenAd.net licences do NOT cover these images, and so use of them is subject to the relevant library or stock terms and conditions.
17. You can only buy OpenAd.net ideas from OpenAd.net and only extend your licences through OpenAd.net. Action will be taken if a Member attempts to bypass OpenAd.net during the licence term or after the term has come to an end.
18. OpenAd.net may use any material licensed to the Member during and after the licence term for its own promotional and marketing purposes.
19. The identity of Creatives is not revealed on the site. Their identity is disclosed to Members who license their ideas, but Creatives can request it is not. (This doesn't apply in the case of a copyright infringement claims.)
20. If OpenAd.net suspects a copyright or other infringement in any material, it may show the Creative the computer records of Members who browsed the material before the infringement took place.

Of course, in the unlikely event that you don't find what you're looking for here, then please feel free to submit your questions about membership to us at legal@openad.net.