TERMS OF USE – IADC IMAGE GALLERY

The International Association of Drilling Contractors (“IADC”) provides this website (“Site”) in support of its vision for the drilling industry to play a vital role in the global economy while practicing high standards of safety, environmental stewardship and operational efficiency.  These Terms of Use govern your access to and use of the Site and its Content (defined below).

ACCEPTANCE

By accessing or using this Site, you accept without limitation or qualification to be bound by these Terms of Use and the IADC’s Privacy Policy, GDPR Policy, Logo Guide (collectively “Policies”) which are hereby incorporated by reference. The IADC may revise these Terms of Use and its Policies at any time, and you agree those revisions shall bind you. If you do not wish to be bound by these Terms of Use and Policies, please exit the Site now and refrain from further use of this Site.

You may use this Site only if you can enter a legally binding agreement with the IADC in accordance with these Terms of Use and applicable laws. If you are using this Site on behalf of a company, business, organization or other entity for which you are authorized to act on behalf of, then “you” and “your” include that entity. In that capacity, you agree and accept on behalf such entity all obligations and duties imposed by these Terms of Use.

CONTENT

The images, artworks, text, data, files, audio and video clips, illustrations, designs, documentation, content, drawings, comments, feedback, ideas, links and other materials (in whole or in part, the “Content”), which appear on the Site, as well as the collection, arrangement, and assembly of the Content (the “Compilation”), are either proprietary to the IADC or used on this Site in accordance with applicable law, separate agreement(s) with third parties or these Terms of Use.

Any Content and/or Compilations you post or upload to the Site are considered “User Content”. You retain any and all rights you have in User Content. You are solely responsible for your User Content, even after it is included in the Site.

By posting or uploading User Content onto the Site, you grant to the IADC, members of the IADC, and users of this Site a perpetual, royalty-free, worldwide, non-exclusive, transferable, sublicenseable, irrevocable, license to use, store, save, display, reproduce, manipulate, modify, comment on, reproduce, create derivative works, perform, publish and distribute the User Content.

Subject to these Terms of Use and our Policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Site.

If any Terms of Use for this Site are inconsistent with other legal rights the IADC may have in any Content or User Content, including as provided in any separate agreements or applicable law, then such other legal rights, separate agreement and applicable law shall control over these Terms of Use.

The IADC reserves the right to remove, move, modify and otherwise edit this Site, including User Content, for any reason at any time. This includes the right, but not the obligation, for the IADC to remove any User Content alleged to infringe any third party intellectual property rights or believed by the IADC to violate the these Terms of Use.

COPYRIGHTS

The IADC respects copyrights of others and wants you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) (17 U.S.C. §512), the IADC has designated an agent to receive complaints of alleged copyright infringement on this Site. If you are authorized to act on behalf of a copyright owner that believes its rights are being infringed by any part of this Site, you may send a notification of the claimed infringement (referred to as a “takedown” notice) to our designated copyright agent.

[[Name]],

IADC Copyright Agent

International Association of Drilling Contractors

1667 K Street, NW Suite 420

Washington, DC 20006

[[Phone number]]

copyright@iadc.org

Any takedown notice must be in writing and include substantially the following. 17 U.S.C. § 512(c)(3)(A).

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the IADC to locate the material.
  4. Information reasonably sufficient to permit the IADC to contact you, such as an address, telephone number, and an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a valid takedown notice, the IADC will take the action it believes is necessary, which may include taking down, removing, or disabling access to, the material that is claimed to be infringing. The IADC may also notify the person who provided the allegedly infringing materials so they have an opportunity to respond with a “counter-notice.”

If you receive a notification that your User Content has been removed based on a copyright complaint, it likely means we received a complaint from someone that asked us to remove it. We will share some or all of the copyright complaint with you following your written request to the IADC’s designated copyright agent (info above). If we receive multiple copyright complaints, the IADC may limit features available to you on this Site or completely disable your access to and use of this Site.

If you believe the IADC incorrectly removed your User Content, you can file a counter-notice.  Any counter notification must be provided to the IADC’s designated copyright agent (info above) in writing and include substantially all of the following:

  1. Your full legal name, address, phone number and email.
  2. A copy of any takedown notice(s) to which your counter-notice relates.
  3. Identification of the material that has been removed or to which access has been disabled and the location (e.g., links) at which the material appeared before it was removed or access to it was disabled.
  4. A statement under penalty of perjury that you believe in good faith the material was removed or disabled incorrectly and the basis of your belief.
  5. A statement that you consent to the jurisdiction in the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which the IADC may be found, and that you will accept service of process from the person who provided the original complaint.
  6. A physical or electronic signature on your submission.

Before submitting a counter-notice, we encourage you to make certain you have a good faith belief that your User Content was removed in error, and that you understand the financial, legal and other risks of submitting an invalid counter-notice. The IADC may provide the takedown notices it receives and any responsive counter-notices to other persons in its sole discretion.

RESERVATION OF RIGHTS

All rights not expressly granted by the IADC in these Terms of Use are specifically and completely reserved. Except as provided in these Terms of Use, nothing on the Site or in these Terms of Use of Use grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Content or property of any third party, or may not be construed to mean that the IADC has authority to grant any right or license on behalf of any third party.

LINKS TO OUR SITE

The IADC appreciates the interest of others in linking to our Site. If you arrive at our Site from a third party link, please note that a link to our Site does not imply a relationship with, or endorsement of, the third party site or its content, purpose, policies or business practices.

LINKS FROM OUR SITE

In using the Site, you may find that the IADC provides links to one or more third party web sites.  The IADC provides these links as a convenience for you and other users, but is not responsible for the content or links of any linked sites. Although the IADC expects such links to be reputable, relevant, and reliable, we do not actively monitor or control the content or links of any linked sites, which may continuously change. We encourage you to read the terms and conditions of use and similar policies of the respective linked sites, should you choose to visit them. A link from our Site does not imply a relationship with, or endorsement of, the linked site(s) or its content, purpose, policies, or business practices.

SUBMISSIONS

Any communication, material or Content you post, transmit, or distribute using this Site by electronic mail, online or otherwise, including any data or information, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by the IADC or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, the IADC is free to use any ideas, concepts, know-how, or techniques contained in any communication you make available to the Site for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.

TRADEMARKS

The IADC respects trademark rights of others and wants you to do the same. Trademarks displayed on IADC.org, including the IADC logo, are registered and/or unregistered common law trademarks. Trademarks of third parties may also be displayed on this Site.

Nothing contained in this Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks displayed on this Site without the express written permission of the IADC or third party that owns the trademarks. Any unauthorized use of the trademarks or any other materials is strictly prohibited. Except as provided by these Terms of Use, you acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the such trademarks or may be construed to mean that the IADC has authority to grant any right or license on behalf of any third party trademark owner.

If you believe that your trademark rights or the trademark rights of a person you represent are being used on our Site without permission, please send a complaint in writing to our designated trademark agent:

[[Name]],

IADC Trademark Agent

International Association of Drilling Contractors

1667 K Street, NW Suite 420

Washington, DC 20006

[[Phone number]]

trademark@iadc.org

Include in your trademark complaint the following information:

  1. Your full legal name, address, phone number and email.
  2. The identity of the trademark owner along with a statement that you are the trademark owner or agent expressly authorized to act on behalf of the owner for purposes of this complaint.
  3. A list of all trademarks at issue, including the country/countries each trademark is registered and their registration numbers.
  4. The allegedly infringing materials, including each URL of the allegedly infringing materials.
  5. Any action you request the IADC to take to address your complaint.
  6. A statement you (1) have a good faith belief the content identified your complaint infringes your trademark rights or the owner’s rights you are acting on behalf of; (2) the information in your complaint is true and correct; and (3) understand a copy of the complaint may be sent to the person who supplied the infringing content or other persons.
  7. A physical or electronic signature on your submission.

The IADC will review your submission and take any action it deems necessary, including temporarily or permanently removing the allegedly infringing materials.

If you receive a trademark complaint notification from the IADC that you believe is improper, you can let us know by email at trademark@iadc.org.  Please include in your response a copy of the complaint we sent you, the basis of your belief the complaint is incorrect, and what action if any you want the IADC to undertake. The IADC has the right, but not the obligation, to take any action it deems appropriate, including none at all or sharing all or part of your response with the complaining party.

WARRANTY

By using this Site in any manner, including posting User Content on the Site, you represent and warrant that (i) you are of legal age and fully able and competent to enter into, and comply with, the Terms of Use; (ii) your use of this Site will be consistent with these Terms of Use; (iii) you have authority to bind any company you are acting on behalf of to the Terms of Use; (iv) performance of your rights and obligations under these Terms of Use will not violate any other agreement, applicable laws, directives, regulations, other statutory or legislative provisions or mandatory codes of conduct in force from time to time (v) you, and any company you are acting on behalf of, own and/or control sufficient right, title, interest in any User Content that you upload or otherwise make available to the Site to the extent necessary to grant all rights and licenses contemplated by these Terms of Use; and (vi) User Content you make available to the Site does not infringe any third party intellectual property rights.

DISCLAIMER OF WARRANTIES

EXCEPT AS SET OUT IN THESE TERMS OF USE, THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY RESPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THE IADC ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

THE IADC AND ITS AFFILIATES MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, TIMELINESS, CONTINUATION, ACCURACY, COMPLETENESS OR CORRECTNESS OF THIS SITE. THE IADC AND ITS AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE AND ANY OF ITS CONTENT, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF THIS SITE OR ITS CONTENT OR ANY OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (v) ANY BUGS, VIRUSES, OR SIMILAR ROGUE PROGRAMS OR HARMFUL PROPERTIES THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, MEDIA OR COMMUNICATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON THIS SITE.

THE IADC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE REFERENCED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE IADC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Site, the IADC and its Affiliates, divisions, parent corporation, and any of their respective officers, directors, employees and agents, from and against any and all allegations, claims, demands, actions, causes of actions, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorney’s fees and other legal expenses) arising from: (i) your use of and access to this Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; (iv) any claim that any of your User Content caused damage to a third party; or (v) breach of any representation or warranty by you under these Terms of Use. This defense and indemnification will survive termination of these Terms of Use and your use of this Site.

LIMITATION OF LIABILITY

Neither the IADC, its affiliates, trustees, directors, officers, employees, or agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if we have been advised of the possibility of such damages) arising from or related to your use of the Site, including any Content, User Content, and/or Compilation.

SEVERANCE AND WAIVER

You acknowledge and agree that in the event any provision of these Terms of Use shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining Terms of Use contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court according to the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms of Use. The IADC’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless agreed to in writing by the IADC.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the IADC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

VENUE AND CHOICE OF LAW

These Terms of Use and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in any Federal or State court located in Harris County and the State of Texas, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

ENTIRE AGREEMENT

These Terms of Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof.