PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY, AND THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THIS WEBSITE.
IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THIS WEBSITE, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
The Advertising Council, Inc. or the “Ad Council”, its sponsors, suppliers and agencies may also be referred to individually and/or collectively as “we”, “us” or “our” and we will refer to users of our Websites, our features, functions and services individually and/or collectively as “users”, “you” or “your” to make reading these materials easier.
When you see the word “use” or “using” we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through any of our Websites, for any purpose, or if you try to do any of these things.
WHO OWNS THE INTELLECTUAL PROPERTY AND OTHER CONTENT RIGHTS
Each of our Websites and, except as described below, all Content, is either our property or the property of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners, and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when we use “Content” it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, ‘look and feel’ and arrangement of items and all copyrightable or otherwise legally protectible elements of any and all of our Websites.
You may only use our Content and Content of other users for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
LINKS TO OTHER SITES
ANY LIABILITY WE MAY HAVE IS LIMITED
OUR WEBSITES AND ALL CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE ANY WEBSITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING ANY OF OUR WEBSITES OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
YOU ARE INDEMNIFYING US OF YOUR BREACH
WHAT LAW APPLIES?
In order to use this website, you must live in the United States and be at least 13 years old to use the Services associated with this Website. If you are at least 13 years old, but you are not yet considered an adult where you live (generally age 18) you can only use the services on this site if you get consent from your parent or legal guardian (”parent”). If you are under 13 you may not register or use our Services at all.
2.0 Shared Content
Shared Content is Licensed
Under these Additional Terms we are granting you a limited, revocable, non-transferable, non-sub licensable, royalty free, non-exclusive license, solely for your own personal, non-commercial purposes, to use and display our Shared Content on your web page (”Site”). You don’t own our Shared Content and the license and right to use our Shared Content does not transfer or modify our ownership or any other interests we may have in the Shared Content. The license does not include any right to use or display our name or any of our trademarks or service marks or other Content without our express permission. When you use our Shared Content, you are also agreeing to use and display all upgrades, enhancements, new or updated release versions, modifications, updates and revisions of the Shared Content, including its associated software and code (”Updates”).
Shared Content may be used only with those technology platforms from which a functional link is made available. You may not display the Shared Content in a manner that does not permit successful linking or redirection to or the delivery of the applicable Website, web page or Content within our Website. You may not insert any intermediate or splash page or any material between our Shared Content link and Website.
You acknowledge and agree we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from the use and/or display of our Shared Content and applicable Content.
Permitted and Prohibited Use of Shared Content
violence, hatred or offensive speech, conduct or behavior, discrimination or exploitation of or against any person or groups of persons;
illegal or, in our sole determination and judgment, is inappropriate or inconsistent our image, goodwill and/or brand names and reputation;
any misleading, pornographic, defamatory, illegal or otherwise actionable content; or
any actual or potential threat to health, safety or security of persons or property.
You represent that you are either a registered not-for-profit corporation in the United States or that you are not, in any manner, directly or indirectly involved in the commercial sale of goods or services.
You understand that Shared Content may have specific expirations date and after such time it shall no longer be available for any use.
Discontinuing Shared Content
No Fees; No Alterations
You may not, directly or indirectly, charge a fee, require compensation or other consideration for accessing our Shared Content or our Content or in any way attempt to commercialize or commercially exploit our Shared Content, whether by resale, redistribution, syndication or otherwise.
You may not modify, alter, change, edit, supplement, reformat, transform or create derivative works, compilations, summaries or extractions of our Shared Content available through the use of our Shared Content, including, without limitation, links embedded in Shared Content.
No Representations, Warranties or Liability
Shared Content is made available “as is” and “as available” with absolutely no representations or warranties of any kind. WE DISCLAIM ANY AND ALL LIABILITY FOR LOSS OR DAMAGE, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHERWISE ARISING FROM OR ASSOCIATED WITH OUR SHARED CONTENT, OR THESE ADDITIONAL TERMS, INCLUDING, WITHOUT LIMITATION, CONTAMINATION OR DAMAGE CAUSED BY ANY MALICIOUS OR UNAUTHORIZED CODE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER IS TO REMOVE THE SHARED CONTENT (AND ASSOCIATED CODE) FROM YOUR SITE.
3.0 Posted Content
Our Websites may provide Users with an opportunity to submit, provide, furnish, transmit, make available, exchange, communicate, share and/or display Content to us and/or to other users (referred to as a “Post” or “Posting”). Sometimes we provide specific areas on our Websites where you can Post information about yourself and others, communicate or upload Content such as photographs or audio-visual works. Posting includes not just Content in the form of files or material you upload to our Websites, but also any messages or information you may send in the form of emails, text, SMS, and instant messages (IM), comments, advice, opinions and ideas, as well as information available as a result of your participation in chat rooms, forums and similar areas of our Websites where you may be exchanging information and communicating with others. You should understand we intend the terms “Post” and “Posting” and any variations of these words to be construed as broadly as possible and when we use the term “Content” it includes all of these things and anything else you might Post.
WE CAN USE YOUR POSTINGS
You authorize us to use your Post, in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter discovered or developed, alone or together, in compilations or combinations, as part of other Content of any kind or nature and in any manner of our choosing, without notice or attribution. You have no right to require and we have no obligation to pay any fees, charges or royalties for our use or exploitation of your Post and we reserve the right to delete your Posting at any time and in any manner we choose.
DON’T POST PERSONAL INFORMATION
You should never Post Personal Information because, as we note above, anything you Post or that is Posted through the use of your User ID (e.g., if you allow others to use your User ID or you fail to protect the confidentiality of your User ID) may be seen and obtained by others and is or may become publicly available. Postings on our Websites may appear on other websites or when someone uses search technology looking for subjects related to or about a Posting. Never assume what you Post will be kept confidential or that other users or third parties will not be able to see or obtain access to your Posts. Neither you nor we can control who may see or obtain Posts. Nor do we control or know what they may do with Postings or for what purpose they may be used. While we ask you not to Post or share Personal Information, if you decide to do so anyway, we urge you to exercise discretion and caution, because you should always assume Personal Information you Post is and will become publicly available and you Post Personal Information at your own risk.
We should also point out that no communications, especially those over the Internet and using the facilities of the World Wide Web, including our Websites, can be guaranteed to be secure, and at the risk of repetition, you should assume any Personal Information you share, whether by Posting or otherwise, may be seen and read (and possibly used) by others who you do not know and you do not intend to have it or use it.
BE HONEST, BUT BE CAREFUL
When Posting, you must provide accurate and truthful information about yourself and avoid, being deceitful or Posting false or misleading information, expressly or by implication or omission. If information you previously Posted becomes outdated or changes, it’s up to you to promptly correct the Post or Post a correction, to avoid misleading or being deceptive to others on our Websites.
WE AREN’T RESPONSIBLE FOR YOUR POSTINGS
We aren’t responsible, liable or accountable for Posts. We generally don’t control, monitor, screen or edit user Posts, although we reserve the right to do so and we may start, stop or decide to do so, for a particular reason or for no reason at all, at any time and from time to time in our sole discretion, without notice. We don’t endorse or support any particular opinion, recommendation, information, advice or anything contained in or that might be inferred from a Post. We certainly cannot and do not vouch for or guarantee the accuracy, validity, integrity or quality of any Posting and we cannot ensure that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable Postings will not appear on our Websites. By providing you and others with the ability to Post, our Websites are passive conduits and we neither undertake nor accept any obligation or liability relating to any Posting or the activities of users.
USERS CAN DISAGREE
Even though our Websites allow you to interact, even if we have the capability to monitor your dealings with others; even if we find out about a dispute you are having with another user or third party, you are solely responsible for your interactions with others. We have no responsibility to monitor, resolve or get involved in any dispute or disagreement you have and although we reserve the right to do so, we don’t undertake or accept any liability, whether we do or not.
DON’T RELY ON POSTED CONTENT
Content that is Posted on our Websites can never replace or substitute for professional financial, medical, legal or other advice from those you know and trust. While we don’t assume our users intentionally Post inaccurate, false or misleading Content, neither we nor you can ever check the qualifications of those who Post, nor is there any way to know if Postings are made for entertainment or other purposes. Certainly, no online user could ever possibly Post Content relevant to your own personal circumstances or situation and you should never rely on any Postings in making decisions or taking or failing to take specific actions, especially those that could have an effect on you or anyone else. If you have specific concerns or circumstances arise in which you need professional financial, medical or other guidance and advice, you should always consult with a trained and qualified specialist.
TERMINATION OF YOUR RIGHTS
GENERAL RULES THAT APPLY TO POSTING
You may never yourself, Post or use, allow or enable others to Post, use our Websites or knowingly condone use of our Websites to do or attempt to:
violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive in a manner we or others might find inappropriate, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
impersonate any other person, firm or enterprise or any of our or their employees and agents;
use our Websites for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful Content, or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Website;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Websites, Posts or any other rights or use and enjoyment of our Websites by any other person, firm or enterprise;
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or
use our Websites or any Content, including Posts, for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or other form of compensation or consideration or by linking with any other website or web pages.
If you believe that any Posting (or any Content on our Website) contains elements that infringe any copyright of yours or anyone else’s, we will act expeditiously to remove infringing Content when we receive notice, as described below, and we will use reasonable efforts to disable use of our Website by anyone who repeatedly infringes the rights of others. To notify us if you believe infringing Content is Posted on our Websites, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.
THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): The Advertising Council Name of Designated Agent to Receive Notification of Claimed Infringement: Barbara Shimaitis Full Address of Designated Agent to Which Notification Should be Sent: 815 Second Ave., New York, NY 10017 Telephone Number of Designated Agent: 212-922-1500 Facsimile Number of Designated Agent: 212-922-1676 Email Address of Designated Agent: firstname.lastname@example.org
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
Your name, address, telephone number, and e-mail address;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
4.0 USER GENERATED CONTENT
While we defined “Post” and “Posting” broadly enough so that it includes Content that is generated, developed, created and uploaded or submitted to our Websites by you or by someone under your User ID, but since it has taken on great importance as part of the Posting environment, there are some additional provisions that apply to Content that you create and which is contained in distinct or separate files that can be Posted by uploading or transmitting them to our Website or to other users through Posting or other facilities we provide and we will refer to that type of Content as “UGC” which stands for user generated Content.
YOU GIVE US SOME RIGHTS, BUT UGC IS YOUR RESPONSIBILITY
We don’t claim ownership of or undertake responsibility or liability for UGC, but we obtain certain rights when you Post UGC. When you Post UGC you grant us an irrevocable, unconditional, worldwide, royalty-free right and license to use, distribute, modify, adapt and publicly display the UGC you Post, on or in connection with our Websites and we can use it to create compilations, adaptations and derivative works. You also understand and agree that others, other users and third parties, may be able to obtain copies of UGC you Post and that we cannot and do not control them or what they may do or attempt to do with UGC you Post. Consequently, we cannot and do not accept or have any liability or obligations to you with respect to any UGC you Post and you do so at your own risk.