Terms and Conditions

By logging into http://www.mindbubble.co.uk you consent to Fenix Media (T/A as Face) holding, storing, processing and using the information you submit for market research purposes. This information may be disclosed to third parties, some of whom may be located outside of the UK.

The Privacy Policy Statement on http://www.mindbubble.co.uk forms part of these terms and conditions.

You hereby expressly consent to our use of your sensitive personal data (examples of which are given in paragraph 1 of the Privacy Policy Statement) for statistical purposes only.

You have the right to ask for a copy of the information which we hold on you and which is subject to the Data Protection Act 1998 (for which we may make a small charge) and to correct any inaccuracies in your information.

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. If Fenix Media (T/A Face) or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce other agreements between us; or to protect the rights, property, or safety of Fenix Media (T/A Face), our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Intellectual Property

Mindbubble members when working on projects with 3rd party organisations will assign all Intellectual Property rights as described below.

Mindbubble members agrees to assign all copyright to Mindbubble of design right, trademarks and other intellectual property rights, present, contingent and future in all content created by the Mindbubble members whether alone or jointly with others, in the course of all Projects.

Mindbubble members unconditionally and irrevocably waives all rights relating to the Creative Content to which the member is now or may in the future be entitled pursuant to the Copyright Designs and Patents Act 1988 and any other moral rights to which the member may be entitled under any legislation now existing or in future enacted in any part of the world.

The Mindbubble member acknowledges that the incentive paid by Mindbubble constitutes full and reasonable reimbursement for all the rights hereby assigned including all rights that may after the date of these Terms & Conditions come into existence in any part of the world. In the event that, as a result of a Project, a new product(s) or new product names(s) embodying any of the Participant's suggestions made during the Project is marketed by a client of Mindbubble, the member hereby agrees to release Mindbubble from all claims, liabilities, payments and commissions and charges of any and every sort and kind whatever, arising directly or indirectly from, or on account of, the Participant's contributions to the Project.

Confidentiality

Mindbubble members agree to keep confidential:

The Mindbubble members' involvement in projects, provided that the Mindbubble member will be entitled to refer to the Project and the nature of his involvement in it in employment and similar applications. This will be limited to referring to Mindbubble project name and the nature of the project.

All information, ideas and other content provided by Mindbubble and 3rd Parties to a Project or generated by any person during the course of a Project ('Confidential Information') including not only written information but information transferred orally visually electronically or by any other means and all analyses compilations data studies and other documents containing or based in whole or in part on any such information.

Any time at Mindbubble request and in any event at the end of the Project the Participant shall return to Mindbubble all copies of the Confidential Information and shall not retain any copy whether in hard copy or electronic form.

NDA Terms and Conditions

Whereas:-

(A)the Contributor has agreed to participate in an online Mindbubble project organised by Fenix Media Ltd which will comprise over a definite period of time stated to you during the event of the project.

(B)The Participant acknowledges that Fenix Media Ltd is to own absolutely all the creative content and suggestions generated in the course of the Project and that the Participant is under a duty of confidentiality to Fenix Media Ltd;

IT IS AGREED as follows:

1. In consideration of [the fees payable to the Participant and the expenses to be incurred by Fenix Media Ltd in commissioning the Project] the Participant hereby agrees to assign to Fenix Media Ltd all copyright, design right, trademarks and other intellectual property rights, present, contingent and future and whether such rights are now in existence or come into existence by legislation enacted in the future (and applications for any of the foregoing if registerable) throughout the world in all content created by the Participant ('the Creative Content'), whether alone or jointly with others, in the course of the Project for the full period of such rights together with all renewals, extensions, revivals and reversions thereof.

2. The Participant hereby unconditionally and irrevocably waives all rights relating to the Creative Content to which the Participant is now or may in the future be entitled pursuant to the Copyright Designs and Patents Act 1988 and any other moral rights to which the Participant may be entitled under any legislation now existing or in future enacted in any part of the world.

3. The Participant acknowledges that the consideration paid by Fenix Media Ltd constitutes full and reasonable payment for all the rights hereby assigned including all rights that may after the date of this Agreement come into existence in any part of the world. In the event that, as a result of the Project, a new product(s) or new product names(s) or new advertising campaign embodying any of the Participant's suggestions made during the Project is marketed by Fenix Media Ltd, the Participant hereby agrees to release Fenix Media Ltd from all claims, liabilities, payments and commissions and charges of any and every sort and kind whatever, arising directly or indirectly from, or on account of, the Participant's contributions to the Project.

4. The Participant agrees to keep confidential and not to use other than in connection with the Project:-
a) The existence of the Project and the Participant's involvement in the Project.
b) All information, ideas and other content provided by Fenix Media Ltd to the Project or generated by any person during the course of the Project ('Confidential Information') including not only written information but information transferred orally visually electronically or by any other means and all analyses compilations data studies and other documents containing or based in whole or in part on any such information.
c) At any time at Fenix Media Ltd request and in any event at the end of the Project the Participant shall return to Fenix Media Ltd all copies of the Confidential Information and shall not retain any copy whether in hard copy or electronic form.

5. Clauses b) and c) shall not apply to Confidential Information which:
(i) at the date of disclosure can be shown to be already in the public domain;
(ii) is already lawfully in the possession of the Participant provided that it was not unlawfully acquired directly or indirectly from Fenix Media;
(ii) the Participant is required to disclose to the extent required by the regulations of any Government agency lawfully requesting the same, or to any Court of competent jurisdiction acting in pursuance of its powers.

6. This deed shall be governed by and construed in accordance with English Law.
This document has been entered into as a deed on the date set out above.