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 OUR 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 OUR
WEBSITES, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
to use some of the features and functions that may be available to you as a user of any of our Websites (“Additional Terms”). Our Websites
include all web pages within the Website and also include backup, mirror, replacement or substitute sites or pages we make available as part of the
services we provide. We will refer to each and every feature, function, service, activity, promotion and content on our Websites, individually and/or
collectively as “Content” and when we use the term “Website” it also included Content unless we specifically say otherwise.
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.
agreement to be legally bound by and comply with all of the terms and conditions that apply to you so you are aware of the current rights and obligations
that apply to you.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete or modify any or all the terms of the
of Use on any and all Websites affected by the change and once we post them, these changes on the effective date specified. If you use any of the affected
Websites after the changes become effective, it means you are agreeing to be bound by the changes. You should check on a regular and frequent basis and
review the terms and conditions that apply to you so you are aware of the current rights and obligations that apply to you.
carefully since it describes, among other things, how we collect and use information we obtain when you use our Websites.
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
or their rights. However, when you do submit or provide Content to us or any of our Websites, you are giving us an unconditional, irrevocable,
transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute,
disseminate and/or broadcast that Content (“license”) and you are representing and warranting to us you have the right to give us such license.
If you do not have the right to license Content to us (or if you are not sure), do not submit or provide Content to us.
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
LINKS TO OTHER SITES
If you see or use any links or conduits on our Websites which allow you to browse, redirect or visit any other websites, web pages or other internet or
web-based locations, that does not mean we are associated with or have endorsed, reviewed or even know anything about that site or page and we have no
obligation, responsibility or liability to you or anyone else if you go to another web site, page or address outside our Websites, even if a link on our
site allowed you to do so. When you leave our Websites, you should inquire and confirm from them the terms and conditions, privacy and other policies that
apply to you since we neither control, nor have any responsibility for any third party sites, their practices or anything associated with their operations.
In fact, even if another web site or web page has our name, logo or other identification normally associated with us, it may or may not be authorized and
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.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM LIABILITY FOR ANY AND
YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE
DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION
OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT
SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON
DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU ARE INDEMNIFYING US OF YOUR BREACH
you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including
attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for
settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
WHAT LAW APPLIES?
wholly performed within the State of New York. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State,
City and County of New York and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or
OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR
HEREAFTER POSSESS TO A TRIAL BY JURY.
forth herein and supersedes any and all prior or inconsistent understandings that may apply to the subject matter.
If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or
endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects,
infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or
bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms of
all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all
regulatory and law enforcement authorities and agencies and take any action permitted by law.
reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive
Content or otherwise with respect to the subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after
the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).