LEO BURNETT GLOBAL BLOG TERMS OF USE

Last Updated August 1, 2008

PLEASE READ THE FOLLOWING CAREFULLY.

1. ACCEPTANCE OF TERMS Leo Burnett (referred to as “Leo Burnett,” “Burnett,” “we,” “us,” or “our” herein) provides the Leo Burnett Global Blog (the “Blog”) subject to the following Terms of Use (“TOU”) and the Internet Site Privacy Policy, Terms and Conditions (“Terms and Conditions”) ( TOU and Terms and Conditions collectively referred to as the “Site Terms”). Your use or posting of comments on the Blog constitutes Your binding agreement to the Site Terms. We may update this TOU by posting a new version on www.leoburnett.com (the “Site”) and Your continued use of the Blog after any update constitutes Your binding agreement to such changes and the updated TOU.
2. USER CONDUCT Users of our Blog (“You”) may participate in the discussion by registering on the Site and posting comments. To register, click on “Add Comment.” You will be asked to provide Your name, email address and user name, and to accept the Site Terms. Leo Burnett’s Privacy Policy as posted on the Site applies to any information You provide in the registration and any User Materials (as defined below) You post. Your user name will be posted with Your comments. If You choose to post comments, You agree that You will not:
   1. Post or otherwise make available content that harasses, abuses or threatens other users; that contains profanity, obscene or otherwise objectionable content; or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
   2. Stalk or otherwise harass another;
   3. Post or otherwise make available content that contains any other party’s intellectual property unless You have the right to do so;
   4. Impersonate, or falsely state or otherwise misrepresent Your affiliation with, any person or entity;
   5. Post or otherwise make available spam or other advertisements or solicitations, pyramid schemes, chain letters or otherwise engage in commercial activity except as explicitly allowed herein;
   6. Post or otherwise make available any material that contains software viruses or any other harmful or potentially harmful computer code, files or programs or malware;
   7. Interfere with or disrupt the Blog or servers or networks connected to the Blog, or disobey any requirements, procedures, policies or regulations of networks connected to the Blog or
   8. Intentionally or unintentionally violate any applicable local, state, national or international law.

   Violation of the Site Terms may result in the removal of Your content from the Blog and/or the blocking of Your further postings.

   You understand that all materials posted by users (“User Materials”) are the sole responsibility of the person posting them. This means that You, not Leo Burnett, are entirely responsible for all User Materials, including links, that You upload, post, share, email, transmit, or otherwise make available via the Blog. Under no circumstances will Leo Burnett be liable in any way for any User Materials.

   You acknowledge that Leo Burnett may or may not pre-screen User Materials, but that Leo Burnett and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, edit and/or move any User Materials. You understand that by using the Blog, You may be exposed to User Materials that You may consider to be offensive or objectionable. You agree that You must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that You will not rely on any content available on or through the Blog.

   When You submit or make User Materials available on the Blog, You grant Leo Burnett an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed throughout the world.

   You acknowledge, consent and agree that Leo Burnett may access, preserve and disclose any information about You and any User Materials You post if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the TOU; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to Your requests for customer service or other inquiries; or (v) to protect the rights, property or personal safety of Leo Burnett, its users or the public. Leo Burnett’s Privacy Policy, as posted on the Site, also applies to any information about You and any User Materials You post.

3. DEALINGS WITH ADVERTISERS AND OTHER USERS Your correspondence or dealings with any advertisers, buyers, sellers, agents or others found on or through the Blog, including payment for and delivery of products, services or real property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. You agree that Leo Burnett shall not be responsible or liable for any loss, harm or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Blog.
4. LINKS The Blog may provide links to other websites, blogs or resources. Leo Burnett has no control over such external resources. You acknowledge and agree that Leo Burnett is not responsible for the availability of such resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, terms of use, privacy policy or other materials on or relating to such resources. You further acknowledge and agree that Leo Burnett is not responsible or liable, directly or indirectly, for any loss, harm or damage caused or alleged to be caused by or in connection with any such external resource.
5. OUR PROPRIETARY RIGHTS All title, ownership and intellectual property rights in and to the Blog are owned by Leo Burnett or its affiliates companies or their licensors. You acknowledge and agree that the Blog contains proprietary information that is protected by copyright, trademark and other laws. Except as expressly authorized by Leo Burnett, You agree not to modify, rent, lease, loan, sell, distribute, provide any service or create derivative works based on the Blog, in whole or in part.
6. TRADEMARK INFORMATIONLEO BURNETT®, BLACK PENCIL®, the Leo Burnett Signature®, the Black Pencil Design™ and all other company trademarks (the “Leo Burnett Marks”) are the proprietary trademarks. You agree that You will not display the Leo Burnett Marks or other third party trademarks, or use the Leo Burnett Marks or other third party trademarks in any manner, without the prior written permission of Leo Burnett or the respective owners of other third party marks. Please see the Terms and Conditions posted on the Site for additional terms regarding trademarks and other intellectual property.
7. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
   1. YOUR USE OF THE BLOG IS AT YOUR SOLE RISK. THE BLOG IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEO BURNETT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. LEO BURNETT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY SETTINGS OR USER MATERIALS.
   2. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE BLOG IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
   3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEO BURNETT OR THROUGH OR FROM THE BLOG SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
8. LIMITATION ON LIABILITY YOU UNDERSTAND AND AGREE THAT LEO BURNETT IS NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEO BURNETT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ACTIVITY BY ANY PERSON OR ENTITY IN CONNECTION WITH, ARISING FROM OR RELATING TO THE BLOG.
9. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT Leo Burnett may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who infringe the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Leo Burnett’s Copyright Agent with a Notice containing the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that You claim has been infringed;
    3. a description of where the material that You claim is infringing is located on the site;
    4. Your address, telephone number, and email address;
    5. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

    Leo Burnett’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached via email at copyrightagent@leoburnett.com.

11. CHOICE OF LAW The TOU and the relationship between You and Leo Burnett shall be governed by the laws of the State of Illinois, U.S.A., without regard to its conflict of law provisions.
12. GENERAL INFORMATION Entire Agreement. The TOU, along with the Site Terms, constitute the entire agreement between You and Leo Burnett with respect to the Blog and supersedes any prior agreements, oral or written, between You and Leo Burnett.Waiver and Severability of Terms. The failure of Leo Burnett to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties agree that the remaining portions of that provision and the other provisions of the TOU remain in full force and effect.Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Blog or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.Section Titles. The section titles in the TOU are for convenience only and have no legal or contractual effect.
13. VIOLATIONS You agree that You will promptly report any violations of the TOU to globalwebsite@leoburnett.comand copyrightagent@leoburnett.com