\ LEGAL

Agreements

These are the keypoints of the Membership Agreement. They are of an informative nature only. Please consult the full text of the agreement, which is a legally binding document and is subject to the law of England and Wales.

1. Anyone wishing to become a Member must indicate that they agree to the terms of the Membership Agreement by signing and returning a hard copy of the Agreement, which will be sent to them by OpenAd. A Member may not browse or access material on OpenAd unless they agree to the terms of the Membership Agreement.
    
2. Upon payment of a membership fee, the Member may browse the category or categories of creative material they have selected as part of their membership package, hold a pitch, and license creative material for use in their advertising or communications. The membership fee shall be calculated in accordance with the Membership Fee Schedule (exclusive of VAT).
    
3. A Member may not use, reproduce, distribute, display, publicly perform, exhibit, broadcast, transmit or make available any material featured on OpenAd, or design any material in any way similar to any material on the site, except in relation to material they have licensed.
    
4. OpenAd may assess, accept or reject the technical, aesthetic and commercial quality of all creative material submitted. Members (including pitch holders) may not contest such findings by OpenAd.
    
5. In order to hold a pitch, the Member must complete the briefing form, where the quality, accuracy and clarity of all information contained therein is their sole responsibility. OpenAd gives no guarantee or warranty in respect of pitch replies or entries for any pitch, or that any pitch reply complies with any brief.
    
6. The pitch holder sets the start date and deadline of his pitch. They may extend the deadline at any time.
    
7. OpenAd 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. The pitch holder may offer a cash prize of their own choosing to the winning entry, where any such offer is legally binding. The prize sum is subtracted from the licence fee paid by that pitch holder. The pitch holder is under no obligation to license the winning or any other entry.
    
8. Upon payment of a licence fee, a Member acquires rights in material for use in their advertising or communications (or those of a client if the Member is a reseller). A Member shall not receive any refund or compensation for not using the material during the licence term.
    
9. Two licences are available for purchase:
   (a) a 12-month licence for the territory or territories specified by the Member, renewable upon negotiation with OpenAd and the author
   (b) a perpetual licence for worldwide use.
    
10. The licence fee is calculated with reference to (a) the size of the Member's or Member's client's business; (b) the size of the territory; (c) the number and type of elements in the creative material; (d) the duration of the licence (a perpetual licence is twice the price of a 12-month licence); (e) any other reasonable factor that may be taken into account by OpenAd; (f) an amount that may be set by the author. The licence fee is payable by the Member prior to the delivery of the material.
     
11. All creative material is sold exclusively; it cannot be relicensed by another Member. Creative material cannot be licensed by anyone else even if a Member chooses not to extend the licence term.
     
12. Any use in products of photographs from online photostocks or libraries (e.g. Getty, Zefa, Corbis, etc.) is subject to the relevant library or stock terms and conditions.
     
13. All negotiations relating to licences or licence terms must be conducted through OpenAd. A Member shall be subject to a variety of sanctions if they attempt to circumvent OpenAd during the licence term or for 12 months after expiry of the term.
     
14. OpenAd may use any material licensed to the Member during and after the licence term for its own promotional and marketing purposes.
     
15. The identity of the author(s) of creative material will not be disclosed on the site. The author's identity may be disclosed to a Member if the work is licensed, unless the author has requested that it be withheld. However, the author's identity may be disclosed in the case of a copyright infringement claim. If OpenAd suspects a copyright or other infringement in any material, it may disclose to the author the computer records of Members who browsed the material before the infringement took place.