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Book Details
Portfolio
Hardcover, 256 pages
$25.95
ISBN: 978-1591842415

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Terms and Conditions


GSD&M Idea City, LLC, a Delaware limited liability company

TERMS AND CONDITIONS

GSD&M Idea City, LLC, a Delaware limited liability company, (along with its affiliates and related companies, “GSD&M”) maintains the GSD&M Web Sites found at http://www.gsdm.com, https://vendors.gsdm.com, https://ideacity.gsdm.com, http://www.itsnotwhatyousell.com and other web sites as may be modified from time to time (collectively, the “Sites”). Your access to and use of the Sites is subject to these following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the any of the Sites, you accept, without limitation or qualification, the Terms and Conditions.

1. You may have entered into a separate agreement with GSD&M governing your access to and use of certain functions and features of particular Sites. If so, these Terms and Conditions will still apply, but that separate agreement will control in the event of any inconsistencies with any provisions of these Terms and Conditions.

2. You should assume that everything you see or read on the Sites is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Sites without the written permission of GSD&M. Without the prior written consent of GSD&M, you may not create a link to any page of this Sites in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by GSD&M; (ii) cause confusion, mistake, or deception; (iii) dilute GSD&M’s Trademarks (as defined herein); or (iv) otherwise violate state or federal law.

3. You may use material displayed on the Sites for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on any generated materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Sites for public or commercial purposes, including the text, images, audio, and video without GSD&M’s written permission.

4. While GSD&M uses reasonable efforts to include accurate and up-to-date information in the Sites, it makes no warranties or representations as to its accuracy. GSD&M assumes no liability or responsibility for any errors or omissions in the content of the Sites.

5. GSD&M is unable to accept, watch, listen to, read, or otherwise evaluate any unsolicited advertising ideas presented for clients or for any other intention that comes to us through the Sites, e-mail, mail, or by any other means of delivery, personal or corporate. Sorry. It’s for everyone’s protection.

6. Your use of and browsing in the Sites are at your own risk. GSD&M, its affiliates, and subsidiaries shall have no responsibility to provide you access to the Sites. Neither GSD&M nor any other party involved in creating, producing, or delivering the Sites is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Sites. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. GSD&M also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Sites or your downloading of any materials, data, text, images, video, or audio from the Sites. THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

7. You shall release, discharge, and relinquish and shall defend and shall indemnify and hold harmless GSD&M and its affiliates, subsidiaries, and vendors, and each of their members, shareholders, directors, employees, agents, representatives, and contractors of whatever tier from and against all losses, claims, demands and causes of actions of whatever kind or character, including, without limitation, costs, reasonable attorneys’ fees, and expenses incurred in connection with any claim brought by any persons or entities arising from, in connection with, or relating to your access and use of the Sites, including your use of the information obtained through the Sites. THE OBLIGATIONS TO RELEASE, TO DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES TO THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES.

8. Images of people or places displayed on the Sites are either the property of, or used with permission by, GSD&M. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Sites. Any unauthorized use of the images may violate copyright, trademark, privacy, publicity, or communications laws, regulations, or statutes.

9. Record of your use of the Sites is the property of GSD&M and is protected by and subject to the U.S. Electronic Communications Privacy Act. The collection and use of personal information and aggregated data shall be in accordance with the GSD&M Privacy Policy also available on this site.

10. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Sites, including but not limited to “GSD&M,” “GSD&M Advertising,” “GSD&M Idea City,” “Purpose-based Branding” and “the Uninvited Guest” are registered and unregistered Trademarks of GSD&M and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the written permission of GSD&M or such third party that may own the Trademarks displayed on the Sites. Your misuse of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that GSD&M will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

11. GSD&M has not reviewed all of the third party Web sites linked to the Sites and shall not be held liable for any loss or damage caused, directly or indirectly by your use of any external sites linked to the Sites, or any information, products or services available from such external sites. Your linking to any other Web pages or other sites is at your own risk.

12. Although GSD&M may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Sites, GSD&M is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, infringe upon the intellectual property or other rights of third parties, give rise to civil liability, or otherwise violate any law. GSD&M will fully cooperate with any law enforcement authorities or court order requesting or directing GSD&M to disclose the identity of anyone posting any such information or materials. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from your use of the Sites.

13. The laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Terms and Conditions. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Sites as contemplated by these Terms and Conditions must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Austin, Travis County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the state or federal courts of Travis County, Texas are an inconvenient forum.
You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of GSD&M. Any assignment other than as provided for in this Section shall be null and void.

14. The materials on the Sites are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of GSD&M’s proprietary rights in them.

15. GSD&M may terminate or suspend your use of the Sites for any reason. Termination or cancellation of your use of the Sites shall not affect any right or relief to which GSD&M may be entitled, at law or in equity. Upon termination of these Terms and Conditions, all rights granted to you will terminate and revert to GSD&M.

16. GSD&M may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.

Copyright © 1999, 2005 GSD&M Advertising. All rights reserved.