These are the Terms and Conditions of Use for the Safer Gambling Week logo and associated logo devices and artworks, in which Safer Gambling UK has copyright, design rights and trade mark rights. You may only use the logo and associated logo devices and artworks if you accept the terms of this agreement in full and comply with them. If you do not agree to these conditions, you cannot use any of the Safer Gambling Week logo and associated logo devices and artworks. Please read these Terms and Conditions in full before downloading any logo or artwork files for Safer Gambling Week materials, as such action will be taken as full acceptance of this Terms and Conditions of Use agreement.
The Licensor: Safer Gambling Week UK and owner of Safer Gambling Week and certain rights in associated Trade Marks, branding and materials.
The Licensee: The individual or organisation who wishes to use the Trade Marked branding and materials of Safer Gambling Week.
(a) “Effective Date” means the date on which the electronic files for the Logo and/or Artworks were downloaded from www.safergamblinguk.org / www.safergamblingweek.org and/or the date on which any electronic transfer of the same took place and shall be the date upon which the Terms and Conditions of Use takes effect.
(b) “Term” means the period for which the Agreement shall remain in force.
(c) “Logo” or “Logos” means Trade Marked branding device for Safer Gambling Week or replacement logo(s) as Safer Gambling Week UK may provide from time to time under this Agreement.
(d ) “SG Week Promotional Material” means the items designed expressly for the promotion of Safer Gambling Week, using the Brand Identity for the same owned by the Licensor.
(e) “Artwork” or “Artworks” means the original electronic files for the Logo and any SG Week Promotional Material owned by the Licensor.
(f) “Safer Gambling Week” means the awareness and promotional campaign created, owned and managed by Safer Gambling Week UK.
(g) “Safer Gambling Week Brand Identity Guidelines” the document produced by Safer Gambling Week UK detailing the conditions, specification and manner in which the visual identity and Logos for Safer Gambling Week must be implemented and deployed.
(h) “Agreement” means the Terms and Conditions of Use agreement between Licensee and Licensor under which the Licensee is granted permission to use the Logo, SG Week Promotional Material and Artworks.
2.1 Safer Gambling Week UK hereby grants to the Licensee, a nonexclusive, nontransferable,
royalty-free, personal license to use the Logos, SG Week Promotional Material and Artwork in England, Scotland, Wales, Northern Ireland and the Republic of Ireland under the terms of this Agreement and solely in connection with Safer Gambling Week. All rights not expressly granted herein are reserved by Safer Gambling Week UK.
2.2 This Agreement does not grant by implication, estoppel, or otherwise, any proprietary rights other than the permitted use of the Logos, SG Week Promotional Material and Artwork.
Explanatory Note: “non-exclusive” means that others may also have this right. “royalty-free” means that you do not have to pay Safer Gambling Week UK for using the logo in this way, but you do have to comply with this Agreement.
2.3. The Licensee is not granted any form of licence or permission to use the main Safe Gambling corporate logo or other trademarks.
Explanatory Note: This licence only applies to the SG Week Logo, SG Week Promotional Material and Artworks for Safer Gambling Week, not any other logos.
2.4. The Licensee may only use the Safer Gambling Week Logo, SG Week Promotional Material and Artworks if they have obtained the original computer graphics files comprising it directly from the Safer Gambling Week website or from an authorised
individual or organisation.
Explanatory Note: The files we have on our website are the correct size, resolution and colour. If people start copying the logo from elsewhere, the logo may be of lower quality or have been altered in some way.
2.5. The Licensee may not sub-licence or assign any of their rights or obligations under this Agreement.
Explanatory Note: the permission to use the Safer Gambling Week Logo, SG Week Promotional Material and Artworks that this Agreement grants apply only to you, not your resellers, subsidiaries and partners who must each contract directly with us to use the material.
3. SAFER GAMBLING WEEK UK RIGHTS
3.1. The Licensee accepts that Safer Gambling Week UK is the owner of the trade mark rights in the Logo.
3.2. The Licensee accepts that Safer Gambling Week UK are the owner of the copyright in the Safer Gambling Week Logo, SG Week Promotional Material and Artworks.
3.3. Any goodwill created from the Licensee’s use of the Safer Gambling Week Logo, SG Week Promotional Material and Artworks accrues to Safer Gambling Week UK.
4. LICENSEE OBLIGATIONS
4.1 The Licensee shall not apply for or obtain registration of any intellectual property right (e.g. trade or service marks) in any country which consists of or comprises the words "safer gambling week" (particularly if associated with "uk") or any confusingly similar word or words, or any trade or service mark which consists of, comprises or is confusingly similar to the Safer Gambling Week Logo, SG Week Promotional Material and Artworks for Safer Gambling Week.
4.2 The Licensee shall not apply for, register or create any social media page or account, or domain name which consists of or comprises the words "safer gambling week" or any confusingly similar word or words to the Safer Gambling Week Logo, SG Week Promotional Material and Artworks for Safer Gambling Week.
The Licensee shall take all reasonable steps to notify Safer Gambling Week UK of any suspected infringement of or challenge to the rights of the Safer Gambling Week Logo, SG Week Materials and Artworks of which Licensee becomes aware. Safer Gambling Week UK shall have the sole right to, and in its sole discretion may commence, prosecute, or defend, and control any action concerning the Safer Gambling Week Logo, SG Week Materials and Artworks.
4.3. Logo and Brand Identity
4.3.1. The Licensee shall not (by action or inaction) do anything to diminish Safer Gambling Week UK rights in the Safer Gambling Week Logo, SG Week Promotional Material and Artworks or impair any registration by the Safer Gambling Week UK of such rights.
4.3.2. The Licensee must ensure that the Safer Gambling Week Logo, SG Week Promotional Material and Artworks are always used and deployed in accordance with the Safer Gambling Week Brand Identity Guidelines: The Safer Gambling Week Logo and brand identity may not be used in any way which is, or is likely to be:
- deceptive, misleading or confusing to other businesses or the general public;
- misrepresenting an endorsement or approval (or both) of your goods, services or
business practices (or any combination of the three) by Safer Gambling Week UK; or
- reasonably perceived to alter the Safer Gambling Week Logo or the perception of it (e.g. by using the Logo in the wrong size, resolution or colour, or by obscuring any part of it);
- any statement which is misleading about the business relationship between us; damaging to our rights in the Safer Gambling Week Logo; or
- reasonably perceived as altering or removing any of the copyright or trademark symbols within the Safer Gambling Week Logo.
4.3.3. If Safer Gambling Week UK request it, the Licensee will (promptly and without cost to the Licensor) provide Safer Gambling Week UK with copies of any website or other material in which the Logo has been used, with details of the duration of use and
the number of uses. If the use is on a webpage or other electronic ‘location’ that requires password access to view, then the Licensee shall be required to provide details to enable access.
Explanatory Note: If Safer Gambling Week UK receive complaints about your use of the Logo, they need assurance that they can find out how you have been using it.
Where possible when using the screen version of the Safer Gambling Week Logo, SG Week Promotional Material and Artworks the user must provide a valid hyperlink to the URL: www.safergamblinguk.org or www.safergamblingweek.org. Stating the website generally is not sufficient. The link may take the user directly to the URL, or open a new tab in the web-browser at that URL, or new instance of the web-browser at that URL, but must not generate a 'pop-up' or 'pop-under' page.
5. INDEMNIFICATION FROM LICENSEE
Licensee will indemnify Safer Gambling Week UK from and against any and all claims, damages, costs, and expenses (including reasonable legal fees) arising as a result of the Licensees misuse or misrepresentation of Safer Gambling Week UK and/or the Safer Gambling Week Logo, SG Week Materials andArtworks and pay the amount of any adverse final judgment made against Safer Gambling Week UK arising out of or in relation to the Licensee’s use of the Safer Gambling Week Logo, SG Week Materials and Artworks.
6. INDEMNIFICATION BY SAFER GAMBLING WEEK UK
6.1 Safer Gambling Week UK will indemnify and defend Licensee from and against any and all claims, damages, costs, and expenses (including reasonable legal fees), and pay the amount of any adverse final judgment resulting from, third party claim(s) that the Safer Gambling Week Logo, SG Week Materials and Artworks infringe any trade mark rights of such third party; provided Safer Gambling Week UK is notified promptly in writing of such a claim and has sole control over its defense or settlement, and Licensee provides reasonable assistance in the defense of the same.
6.2 In the event Safer Gambling Week UK receives information concerning an intellectual property infringement claim related to the Safer Gambling Week Logo, SG Week Materials and Artworks, Safer Gambling Week UK may at its expense, without obligation to do so: (i)replace or modify the Safer Gambling Week Logo, SG Week Materials and Artworks to make it non-infringing, in which case, Licensee shall thereupon cease distribution of the alleged infringing Logos; or (iii) instruct Licensee to cease use of the Logos without providing a replacement.
6.3 Safer Gambling Week UK shall have no liability for any intellectual propertyinfringement claim based on Licensee’s manufacture, distribution, or use of the Safer Gambling Week Logo, SG Week Materials and Artworks after Safer Gambling Week UK’s notice that the Licensee should cease use of such items, or begin use of substitute Logos due to such a claim.
7. DISCLAIMER OF WARRANT AND LIMITATION OF LIABILITY
7.1 Safer Gambling Week UK makes no warranties express, implied or otherwise with respect to the Safer Gambling Week Logo, SG Week Promotional Material and Artworks.
7.2 Except as part of a third party damage claim for which one or other of the parties is obliged to indemnify the other, neither party shall be liable for any consequential, incidental, indirect punitive or special damages (including loss of profit) arising from or relating to the Safer Gambling Week Logo, SG Promotional Material and Artwork.
8. TERM AND TERMINATION
The term of this Agreement shall run from the Effective Date until the earlier of: (i) twelve months from the Effective Date or (ii) such time as Safer Gambling Week UK shall update or amend the Safer Gambling Week Logo, any item of SG Week Material or any Artworks or (iii) the Licensee receives notice of termination due to breach of this agreement or failure to comply with the Safer Gambling Week Brand Identity Guidelines.
Following receipt of Notice of Termination the Licensee must cease using the Safer Gambling Week Logo, SG Week Materials and Artworks immediately and take all reasonable steps to remove the same from any premise/s, website/s, advertising material, intranet and destroy all digital copies of any Logo, SG Week Materials and Artworks.
All notices in connection with this Agreement shall be sent electronically, by email to the named individual and/or organisation, and email address registered for access to the Resources area of the Safer Gambling UK website – www.safergamblinguk.org Licensees are required to acknowledge receipt of Notice within 48 hours of confirmation of transmission by Safer Gambling Week UK or appointed representative.
10. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
11. GOVERNING LAW
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).