Terms of Service
Effective Date: December 2022
1. Scope of Use
The Site is provided for promotional and informational purposes only, and Company does not provide any client services through the Site. You may only use the Site if you are a current or prospective customer of Company, or otherwise interested in learning more about Company for a legitimate business purpose. The Site may not be used for any unlawful, fraudulent, harassing, objectionable, or other non-legitimate business purpose.
Our Site is intended for use only by those who can access it from the United States of America. If you choose to access our Site from locations outside United States of America, you are responsible for compliance with local laws.
2. Accuracy and Availability of Our Site
We do our best to make sure that our Site is accurate, up-to-date, and free from bugs, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures.
Our Site is provided free of charge and has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes.
Materials posted on our Site are provided for general information purposes only and to inform you about us and our news, features, products, and services. This information is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the information on this Site is at your own risk.
Access to our Site is permitted on a temporary basis and we reserve the right to suspend or terminate access to any part of it at any time without notice.
We update our Site regularly and reserve the right to add, remove, and otherwise change its content at any time without notice.
3. Intellectual Property Rights
4. Use of the Site and Content
You are responsible for making all arrangements necessary to access our Site (and for any costs of doing so). In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Site.
We want you and others to enjoy using our Site. When doing so, we ask that you observe the following rules:
(b) You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Site for commercial purposes;
(c) You agree not to use our Site for any illegal or unauthorized purpose and you agree to comply with all laws and regulations applicable to your use of our Site, including copyright and other intellectual property laws;
(e) You must not interfere with our Site or any servers or networks connected to our Site, including by transmitting any worms, viruses, malware, spyware, or any other code of a destructive, malicious, or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of our Site is rendered or displayed in a user’s browser or device;
(f) You must not change, modify or alter our Site or change, modify, or alter another Site so as to inaccurately imply an association with our Site or with us;
(g) You must not access our Site via a means we have not authorized in writing in advance, including automated devices, scripts, bots, spiders, crawlers, or scrapers (except for standard search engine technologies); and
(h) You must not use, or cause others to use, any automated system or software to extract content or data from our Site except where you or any applicable third party has entered into a written agreement with us that permits such activity.
5. Linking to Our Site
You may link to any page of our Site, provided that you do so for non-commercial purposes and in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. We reserve the right to withdraw linking permission at any time and without notice.
You must not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part where none exists and you must not remove, obscure, or modify in any way any advertisements, copyright notice, or other information on our Site. Our Site must not be framed on any other Site.
6. Third Party Websites
8. DMCA Notice
If you believe that any content on the Site (including any content posted by you) has been copied or otherwise used in a manner that constitutes copyright infringement, you may notify Company’s designated agent pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”). The name and contact information for Company’s designated agent for purposes of DMCA are set forth in Section 15. For your notice to be valid under DMCA, you must provide the following with respect to your claim of copyright infringement:
(a) a physical or electronic signature of a person authorised to act on behalf of the copyright owner;
(b) identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Company to locate the material;
(c) information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and if available, an e-mail address;
(d) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SITE OR ANY CONTENT (A) WILL ALWAYS BE AVAILABLE FOR USE, (B) ARE FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS, OR OTHER MALICIOUS CODE, (C) WILL MEET YOUR REQUIREMENTS, (D) DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR (E) ARE ERROR-FREE OR THAT ANY DEFECTS THEREIN WILL BE CORRECTED.
10. Our Liability to You
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT HAVE ANY LIABILITY FOR (A) ANY PERSONAL INJURY; (B) LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, OR COMPUTER CRASHES OR OTHER DENIALS OF SERVICES; OR (C) ANY OTHER INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, IN EACH CASE ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, OR ANY CONTENT THEREON, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR OTHER), AND EVEN IF COMPANY KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.
11. Your Liability to Us
12. Information Provided by You
You grant to Company a non-exclusive, perpetual, and fully-paid license to copy, distribute, modify, and create derivative works of all information and other content submitted by you to Company through the Site. All information provided to you through the Site must be accurate and complete in all respects, unless by its nature such information is not intended to be accurate or complete. In addition, you must at all times immediately update any such information to maintain its accuracy and completeness.
13. Applicable Law
15. Entire Agreement
18. Additional Information
General Counsel and Secretary
TBWA Worldwide Inc.
220 East 42nd Street
New York, NY 10017