Terms and Conditions for using the All Our Best Work Website


Terms of Use
1. Your Acceptance
By using and/or visiting the All Our Best Work website (the Website), you hereby agree to these terms and conditions. If you do not agree to these Terms, then please do not use the Website.
These Terms shall remain in full force and effect while you are using the Website or have an account on the Website. The IPA may terminate your account or restrict your use of the Website at any time, without notice is you breach any of these Terms.
2. Website
These terms apply to all users of the Website, including contributors of video content. The Website may contain links to third party websites that are not owned or controlled by the IPA. The IPA takes no responsibility for the content or privacy policies of any third party websites.
3. Website Access
The IPA hereby grants permission to use the Website provided that you do not copy any part of the Website in any medium without the prior written consent of the IPA, that you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and that you comply fully with the terms and conditions of use of this Website.
The Website is available free to IPA member agencies and their employees. The Website is available to non IPA member advertising agencies and their employees for a fee which shall be notified on the Website from time to time, the level of which remains at the sole discretion of the IPA. The Website is not available to individual users: all users must be employees of an advertising agency. The IPA may, in its sole discretion, limit the amount of material that may be uploaded or published by any agency. If a limit is introduced, the limit will be notified on the Website.
In order to access the Website, you will have to create an account. You may not use another user´s account without permission from that other user. When creating your account, you must provide accurate and complete information. You are solely responsible for all the activity that occurs on your account, and we recommend that you keep your account password secure. The IPA will under no circumstances be liable for any losses caused by any unauthorized use of your account. Please note that you may be liable for any losses suffered by the IPA or others due to such unauthorized use.
Any employee of an IPA member agency may upload material onto the Website, although agencies may choose to restrict this right to specific named individuals. Uploaded material may not be published on the Website unless and until it has been approved by a designated representative of the advertising agency (the Approver). The Approver has the absolute discretion whether to approve and publish uploaded material on the Website, taking into consideration the content of these Terms.

Subject to the remainder of these terms, uploaded material can include, but is not limited to, online, offline, above-the-line and below-the-line creative works produced by the agency or by its employees, either on behalf of the agency or not. The Website is designed to showcase creativity, and users are requested to consider this when deciding whether to upload material. All material uploaded onto the website must have been published.
Any material uploaded on to the Website which is not unique and original to the owner, must be cleared by the copyright owner of the material, and all and any third party rights must be cleared. Advertising frequently includes third party rights, such as music, artworks and performances by actors. It is imperative that any employee uploading material and all Approvers ensure that these third party rights have been cleared prior to publishing the material on the Website. If an agency intends to upload material produced for clients and paid for by them, the client’s permission must also be obtained prior to publishing content.
4. Intellectual Property Rights
With the exception of all user submissions, the content of the Website including the text, software, scripts, graphics, photos, sounds, music, videos and interactive features, and the trademarks, service marks and logos are owned by or licensed to the IPA, and the content is subject to copyright and other intellectual property rights which belong exclusively to the IPA or its partner, Kinship. The content of the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the IPA. You hereby agree not to use, copy or distribute any of the content of the Website other than as expressly permitted under these terms. You further agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict the use or copying of any content or enforce limitations on use of the Website or the content thereof.
5. User Submissions
The IPA hereby permits employees of advertising agencies to submit videos or other material and agrees to allow the hosting, sharing and/or publishing of such submissions. You understand that whether or not such submissions are published, the IPA does not guarantee any confidentiality with respect to any submissions.
The employee, the Approver and the agency shall be wholly responsible for their own submissions and the consequences of posting or publishing them. In connection with these submissions and in order to allow the IPA to host and use the materials in the manner contemplated by the Website, you hereby confirm and warrant that:
(i) the agency owns the copyright in all the material submitted to the Website; or
(ii) the agency has obtained all necessary licences, rights, consents and permissions from the owners of the copyright in the materials submitted, and from any third party rights holder, such as music companies and/or actors, whose works or performances appear in the material submitted.
For the avoidance of doubt, there is no assignment to the IPA of any intellectual property rights in any submitted material. However, by submitting the materials to the Website, you hereby grant the IPA a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, distribute and display the material on the Website, including without limitation for promoting and redistributing part, or all, of the Website in any media. You also hereby grant each user of the Website a non-exclusive licence to access your submitted material through the Website. This licence granted by you terminates when you remove or delete any material from the Website.

You also agree that, in submitting material to the Website, you will not include any material which may damage the IPA or any third party or that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
The IPA allows advertising agencies or individual empl0yees from such agencies to upload content onto the Website. Any submission may be “tagged” with any number of search terms which are representative of the material being submitted. You hereby agree that you will not include any tags which do not relate to your material. Failure to adhere to this term may mean that your material will be removed and you and/or your agency will be prohibited from using the Website.
The IPA does not in any way endorse any submission or any opinion, recommendation or advice expressed therein, except insofar as any opinion, recommendation or advice is clearly expressed to be by representatives of the IPA. To the extent that it is able, the IPA disclaims all and any liability in connection with submissions uploaded onto the Website. The IPA does not permit any material which infringes copyright or any other intellectual property rights from being uploaded onto the Website. If the IPA is notified by any person that any material on the Website is infringing any other person’s rights, the IPA will remove all that infringing material and/or submissions forthwith, without notice. The IPA also reserves the right at any time to remove any material or submissions which it deems to be unlawful, indecent, dishonest or in anyway detrimental to the IPA without prior notice.
In the event that the IPA considers that any user has continually failed to adhere to these terms and conditions, despite being notified of such failings, the IPA may, in its sole discretion, terminate that user´s access to the Website. Although the IPA does not pre-vet material prior to it being uploaded onto the Website, the IPA reserves the right to monitor the submissions and to decide whether material in the submissions is appropriate and complies with these terms.
If you are a copyright owner and you believe that any material hosted on the Website infringes your copyright, please notify the IPA as soon as possible and we will remove the material immediately. To the extent that it is able, the IPA disclaims any liability whatsoever for any copyright infringement or any other breach of third party rights, and will not be responsible for any claims, costs, damages or actions in respect of any alleged or actual infringement. Rights holders are asked to contact the users who uploaded the material directly if they wish to discuss any claims.

Notifications of infringement must include the following:
(i) A physical or electronic signature of the copyright owner (the Claimant) of the work that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material on the Website that the Claimant is claiming infringes his/her copyrighted work and any information which is sufficient to allow the IPA or its service provider to locate the material;
(iv) Information sufficient to allow the service provider to contact the Claimant, such as an address, telephone number, and electronic mail address;
(v) A statement that the Claimant believes in good faith that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate.
The IPA reserves the right to discontinue any aspect of the Website at any time and, in its sole discretion, to reject, refuse to publish or to remove any material submitted by any user, or to restrict, suspend or terminate any user’s access to all or any part of the Website at any time, for any or no reason, with or without notice, and without any liability.

6. Warranty Disclaimer
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, the IPA, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. The IPA makes no warranties or representations about the accuracy or completeness of this Website´s content or the content of any sites linked to this site and assumes no liability or responsibility for:
(i) any errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Website, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(iii) any interruption or cessation of transmission to or from the Website;
(iv) any bugs, viruses, or the like which may be transmitted to or through the Website by any third party; and/or
(v) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.
7. Limitation of Liability
Nothing in these terms shall exclude or in any way limit the IPA’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law. The IPA will not be liable for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. Subject to the aforesaid, the IPA’s maximum aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed £100.
For the avoidance of doubt, the IPA shall not be liable in any way for user submissions or for the defamatory, offensive or illegal conduct of any user or other third party.
The Website is controlled and offered by the IPA in the United Kingdom. The IPA makes no representations and gives no warranties that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with any local laws.
8. Indemnity
You agree to defend, indemnify and hold harmless the IPA, its directors, employees and agents, from and against any and all claims, damages, losses, liabilities, costs or expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Website; (ii) your breach of any of these terms; (iii) your breach of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any one of your submissions caused damage to a third party. This indemnity shall survive your use of the Website.
9. Ability to Accept Terms of Service
You hereby confirm that you are more than 18 years of age, an employee of an advertising agency and fully able and competent to enter into these terms and conditions, and you hereby agree to abide by and comply with these terms and conditions.

10. Assignment
These terms and any rights and licences granted hereunder may not be transferred or assigned by you.
11. General
This Agreement shall be governed by the laws of England and Wales. Each party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of England and Wales over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.
These terms, together with any other legal notices published by the IPA on the Website and any additional terms and conditions notified on the Website, shall constitute the entire agreement between you and the IPA concerning use of the Website. The IPA may modify these terms from time to time and such modification shall be effective upon posting on the Website. You agree to be bound by any changes to these Terms when you use the Website after such modification is posted. It is therefore important to review these Terms regularly to ensure you are updated as to any such changes.
If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term, and the IPA’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. The IPA reserves the right to amend these terms at any time without notice, and it is your responsibility to review these terms from time to time to check whether there have been any changes. Your use of the Website following any amendment of these terms will signify your assent to and acceptance of the revised terms.