These Terms and Conditions were last revised and are effective as of June 16, 2011.
Publicisdallas.com Terms and Conditions
Publicis Dallas, through publicisdallas.com, ("Publicis Dallas", "we", "our" or "us") provides a Website that offers and promotes advertising and marketing services (collectively, the "Services") and these terms and conditions ("Terms and Conditions") represent a legally binding agreement between you and us regarding your use of our Website. Our Website includes all web pages within our Website and also includes backup, mirror, replacement or substitute sites or pages we make available as part of the Services we provide. We will refer to each and every feature, function, Service, activity, promotion and content on our Website, individually and/or collectively as "Content" and when we use the term "Website" it also includes Content unless we specifically say otherwise.
We will refer to users of our Website, our features, functions and Services individually and/or collectively as "users", "you" or "your" to make reading these materials easier. When you see the word "use" or "using," we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, Service, activity, promotion or content in, on or available through our Website, for any purpose, or if you try to do any of these things.
By using our Website you are acknowledging you have read and understand the legal agreement you have with us, and unless you immediately stop using or trying to use our Website, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms and Conditions.
Terms and Conditions and Website Changes
We reserve the right to add to, delete or modify these Terms and Conditions as well as all or part of our Website at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use our Website after the changes become effective, it means you are agreeing to be bound by the changes. We encourage you to check back here frequently so you remain aware of the current Terms and Conditions that apply to you.
Ownership and Use of Website and Content
Our Website and, except as described below, all Content, is either the property of Publicis Dallas or our parent, affiliates, clients, licensors, suppliers, operational service providers, advertisers, or promotional partners (collectively, "Publicis Dallas Entities"), and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when the word "Content" is used it includes, but isn"t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, "look and feel" and arrangement of items and all copyrightable or otherwise legally protectable elements of our Website.
You keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms and Conditions do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us, you are giving us and the Publicis Dallas Entities an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content ("license") and you are representing and warranting to us you have the right to give us and the Publicis Dallas Entities such license. If you do not have the right to license Content as set forth in these Terms and Conditions (or if you are not sure), do not submit or provide Content.
You may only use our Content for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Right to Terminate
In addition to any other rights and remedies we may have under these Terms and Conditions, we have the right to: (a) discontinue, suspend or terminate your use of our Website at any time, including any time we determine, in our sole judgment, that you or your use of our Website may violate these Terms and Conditions; and (b) use any technological, legal, operational or other means available to enforce these Terms and Conditions.
Links to Other Websites
This Website may contain links to other websites. We encourage our users to be aware when they leave our Website and to read the privacy statements of each website that collects personally identifiable information. This privacy statement applies solely to information collected by publicisdallas.com.
Limitation of Liability
OUR WEBSITE AND ALL CONTENT IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE OUR WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING OUR WEBSITE OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITE, CONTENT, THESE TERMS AND CONDITIONS AND/OR YOUR OR ANYONE ELSE'S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you ("Claim") and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
Choice of Law
Claims of Copyright Infringement
If you are a copyright owner (or the owner's authorized agent) and have a good-faith belief that material on our Website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to our Designated Agent below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Written notification must be submitted to the following Designated Agent:
Service Provider: Publicis Dallas
Name of Designated Agent to Receive Notification of Claimed Infringement: ___________________
Full Address of Designated Agent to Which Notification Should be Sent:
7300 Lone Star Drive
Plano, TX 75024
Telephone Number of Designated Agent: _______________
Facsimile Number of Designated Agent: _______________
Email Address of Designated Agent: firstname.lastname@example.org
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
- Your name, address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you have any questions about our Terms and Conditions, please contact us at: email@example.com.
Copyright © 2011 Publicis Dallas. All Rights Reserved.
What Information Do WE Collect?
When you access or visit any our Website, we collect certain non-personally identifiable information, and we may also collect certain personal information as described in more detail below. We use any information our Website collects to improve your experience on our Website, including personalizing and enhancing the experience we provide to you on our Website. We use the term "personal information" to refer to any information you provide in connection with your use of any of our Website and/or Services by which you can be personally identified. Personal information may include such things as your name, street address, telephone number, date of birth, e-mail address and any other information which might reasonably be used to identify you. We only obtain personal information from you when you submit it to us or provide it to us.
The types of information we may collect about you include:
- Information You Give Us. We receive and store any information, including personal information, that you enter on our Website and contact page or give us in any other way. For instance, if you email us with a question or for more information we will use your contact information (which includes personal information such as an email address) to help us respond and for customer service purposes.
- Information from Other Sources. We may receive information about you from other sources. If you provide personal information to us, we may collect additional personal information about you, including personal information about you from our clients, parent, affiliates and other sources.
What Are Cookies and How Do We Use Them?
WHAT DO WE DO WITH THE INFORMATION WE RECEIVE? AND DO WE Share IT?
We may use the personally identifiable information we collect to contact you about our products and services or those of our clients or other third parties from time to time. Except for the parties described below, we do not share any personal information with third parties without prior consent. We will always let you know if we intend to provide any of your personal information to a third party other than those listed below and we will ask you to consent ("opt-in") whenever we intend to do so.
We may share your personally identified information with our clients, parents and/or subsidiaries (if they have agreed to comply with similar privacy protections as found in this policy). In addition, we always have the right to disclose your personal information to any third party we engage for the purpose of administering, operating, configuring site design, maintaining and providing internal support for our Website and Content. These third parties are called "operational service providers" and provide internal support to operations and activities and/or for Website design, development, hosting and operations. We always request that our operational service providers protect your privacy and not disclose your personal information to third party marketers that are not associated with our Website, nor are they permitted to use your personal information for their own marketing or promotional purposes.
We also reserve the right to make your personal information available:
- When we are compelled by a governmental agency, law, regulation, a court or other legal process;
- If we believe you are, have or may violate any law, regulation, our Terms and Conditions;
- If we believe you are or may be a threat to safety, property, interests or rights of us or others;
- In order to investigate, respond to or resolve problems or inquiries or defend our interests;
- In a merger, acquisition, change of control, joint venture or other business combination.
CAN I OPT-OUT OF COMMUNICATIONS?
If you sign-up or register with our Website to receive additional communications from us, we may send you service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them and any other communications from us, you have the option to completely remove yourself from our mailing list all together by sending us an email entitled "URGENT -- Website Opt-out" to firstname.lastname@example.org and we will remove you from our database of active users. You will also always have the option to opt-out of promotional emails you may receive from us. This opt-out messaging will appear at the bottom of every promotional email that is sent out to you by us in relation to this Website.
Notwithstanding the foregoing, if we have shared your information with third parties as permitted by this policy, then we are not responsible for removing your name from any third party databases.
Can I Access AND Correct My Personal Information?
If you would like to update your information please go to the Contact Us page and submit a new form with updated contact information. To request access to the information we have about you, please send a request via email. We will respond within 30 days.
How Is Information About Me Kept Secure?
We protect information we collect about you by maintaining commercially reasonable physical, electronic and procedural safeguards. All information is secure and may be accessed only by our key staff members. We do not request sensitive information (such as a credit card number and/or social security number). The servers on which we store data are kept in a secure environment. The Internet, however, and communications cannot be guaranteed to be secure and it is possible that others may unlawfully intercept or access information, transmissions or communications to, from or within our Websites. If you have any questions about security, click here to send an email.
Additional Privacy Information
EU Safe Harbor
The collection of personal information in the European Union is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995. This Directive addresses the protection of individuals with regard to the processing of personal information and on the free movement of such information, as well as the national legislation of European Union Member states (EU). For more information, see http://europa.eu.int/comm/internal_market/privacy/index_en.htm.
Links to Other WebSites
This Website may contain links to other third party websites. Please be aware that we are not responsible for the privacy practices of other websites. We encourage our users to be aware when they leave our Website and to read the privacy statements of each website that collects personally identifiable information. This privacy statement applies solely to information collected by publicisdallas.com.
Copyright © 2011 Publicis Dallas. All Rights Reserved.