National Bingo Day

Logos and Artworks
Terms and Conditions of Use

INTRODUCTION

These are the Terms and Conditions of Use for the National Bing Day Logo and associated Logo devices and artworks, in which The Bingo Association Limited 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 National Bingo Day Logo and associated Logo devices and artworks.

Please read these Terms and Conditions of Use in full before downloading  and/or deploying any Logo or artwork files for National Bingo Day materials, as such action will be taken as full acceptance of this Terms and Conditions of Use Agreement.

The Parties:

The Licensor: The Bingo Association Limited and owner of National Bingo Day 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 National Bingo Day.

1. DEFINITIONS

(a) “Effective Date” means the date on which the electronic files for the Logo and/or Artworks were downloaded from www.nationalbingoday.co.uk 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 National Bingo Day or replacement logo(s) as The Bingo Association Limited may provide from time to time under this Agreement.

(d ) “NBD Promotional Material” means the items designed expressly for the promotion of National Bingo Day, 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 NBD Promotional Material owned by the Licensor.

(f) “National Bingo Day” means the awareness and promotional campaign created, owned and managed by The Bingo Association Limited.

(g) “National Bingo Day Visual Identity Guidelines” means the document produced by The Bingo Association Limited detailing the conditions, specification and manner in which the visual identity and Logos for National Bingo Day must be implemented and deployed.

(h) “Agreement” means this Terms and Conditions of Use agreement between Licensee and Licensor under which the Licensee is granted permission to use the Logo, NBD Promotional Material and Artworks.

(i) “Trade Mark” the symbol (logo) legally registered by The Bingo Association Limited as representing National Bingo Day.

2. LICENCE

2.1 The Bingo Association Limited hereby grants to the Licensee, a nonexclusive, non- transferable, royalty-free, personal license to use the Logos, NBD Promotional Material and Artworks in England, Scotland, Wales and Northern Ireland under the terms of this Agreement and solely in connection with National Bingo Day. All rights not expressly granted herein are reserved by The Bingo Association Limited.

2.2 This Agreement does not grant by implication, estoppel, or otherwise, any proprietary rights other than the permitted use of the Logos, NBD 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 The Bingo Association Limited 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 Bingo Association Limited’s corporate logo or other trademarks.

Explanatory Note: This licence only applies to the National Bingo Day Logo, NBD Promotional Material and Artworks for National Bingo Day, not any other logos.

2.4. The Licensee may only use the National Bingo Day Logo, NBD Promotional Material and Artworks if they have obtained the original computer graphics files comprising it directly from the National Bingo Day 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 National Bingo Day Logo, NBD 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 and agree to these terms.

3. THE BINGO ASSOCIATION LIMITED RIGHTS

3.1. The Licensee accepts that The Bingo Association Limited is the owner of the Trade Mark rights in the Logo.

3.2. The Licensee accepts that The Bingo Association Limited are the owners of the copyright in the National Bingo Day Logo, NBD Promotional Material and Artworks.

3.3. Any goodwill created from the Licensee’s use of the National Bingo Day Logo, NBD Promotional Material and Artworks accrues to The Bingo Association Limited

4. THE BINGO ASSOCIATION LIMITED OBLIGATIONS

4.1 To include the Licensee’s National Bingo Day consumer promotions and activities in the National Bingo Day online calendar, made available from time to time at www.nationalbingoday.co.uk

4.2 To maintain the official National Bingo Day website

4.3 Not issue press or media communications that refer to the Licensee without their express approval, such approval not to be unreasonably withheld

5. LICENSEE OBLIGATIONS

5.1 The Licensee shall:

5.2 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 “national bingo day” (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 National Bingo Day Logo, NBD Promotional Material and Artworks for National Bingo Day.

5.3 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 “national bingo day” or any confusingly similar word or words to the National Bingo Day Logo, NBD Promotional Material and Artworks for National Bingo Day.

The Licensee shall take all reasonable steps to notify The Bingo Association Limited of any suspected infringement of or challenge to the rights of the National Bingo Day Logo, NBD Materials and Artworks of which the Licensee becomes aware. The Bingo Association shall have the sole right to, and in its sole discretion may commence, prosecute, or defend, and control any action concerning the National Bingo Day Logo, NBD Materials and Artworks.

5.4. Logo and Brand Identity

5.4.1. The Licensee shall not (by action or inaction) do anything to diminish The Bingo Association Limited’s rights in the National Bingo Day Logo, NBD Promotional Material and Artworks or impair any registration by The Bingo Association Limited of such rights.

5.4.2. The Licensee must ensure that the National Bingo Day Logo, NBD Promotional Material and Artworks are always used and deployed in accordance with the National Bingo Day Visual Identity Guidelines:

The National Bingo Day 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 The Bingo Association Limited; or

– reasonably perceived to alter the National Bingo Day 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);

6. INDEMNIFICATION FROM LICENSEE

Licensee will indemnify The Bingo Association Limited 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 The Bingo Association Limited and/or the National Bingo Day Logo, NBD Materials and Artworks and pay the amount of any adverse final judgment made against The Bingo Association Limited arising out of or in relation to the Licensee’s use of the National Bingo Day Logo, NBD Materials and Artworks.

7. INDEMNIFICATION BY THE BINGO ASSOCIATION

7.1 The Bingo Association 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 National Bingo Day Logo, NBD Materials and Artworks infringe any Trade Mark rights of such third party; provided The Bingo Association Limited 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.

7.2 In the event The Bingo Association Limited receives information concerning an intellectual property infringement claim related to the National Bingo Day Logo, NBD Promotional Materials and Artworks, The Bingo Association Limited may at its expense, without obligation to do so: (i) replace or modify the National Bingo Game Logo, NBD Promotional Materials and Artworks to make it non-infringing, in which case, the Licensee shall thereupon cease distribution of the alleged infringing Logos; or (iii) instruct the Licensee to cease use of the Logos without providing a replacement.

7.3 The Bingo Association Limited shall have no liability for any intellectual property infringement claim based on Licensee’s manufacture, distribution, or use of the National Bingo Game Logo, NBD Materials and Artworks after The Bingo Association Limited’s notice that the Licensee should cease use of such items, or begin use of substitute Logos due to such a claim.

8.DISCLAIMER OF WARRANT AND LIMITATION OF LIABILITY

8.1 The Bingo Association makes no warranties express, implied or otherwise with respect to the National Bingo Day Logo, NBD Promotional Material and Artworks.

8.2 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 National Bingo Day Logo, NBD Promotional Material and Artwork.

9. 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 The Bingo Association Limited shall update or amend the National Bingo Day Logo, any item of NBD Promotional Material or any Artworks or (iii) the Licensee receives notice of termination due to breach of this agreement or failure to comply with the National Bingo Day Visual Identity Guidelines.

Following receipt of Notice of Termination the Licensee must cease using the National Bingo Day Logo, NBD Promotional 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 National Bingo Day Logo, NBD Materials and Artworks.
10. NOTICES

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 Supporters’ area of the National Bingo Day website – www.nationalbingoday.co.uk

Licensees are required to acknowledge receipt of Notice within 48 hours of confirmation of transmission by The Bingo Association Limited or appointed representative.

11. 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.

12. 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.

13. JURISDICTION

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).

May 2021