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.
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.
AD COUNCIL ADDITIONAL TERMS – WIDGETS
Widgets Are 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 Widget on your web page ("Site") and obtain Content through the Widget. You don’t own our Widget and the license and right to use our Widget does not transfer or modify our ownership or any other interests we may have in the Widget. 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 download, install, use or display our Widget, you are also agreeing to download, install, use and display all upgrades, enhancements, new or updated release versions, modifications, updates and revisions of the Widget, including its associated software and code (“Updates”). If your security and configuration settings allow us and we choose to do so, you are also consenting, allowing and authorizing us to download and install these Updates automatically.
Widgets may be used only with those technology platforms from which a functional link is made available that, when accessed, takes the users web browser directly to the display of the full Content on our Website. You may not display the Widget 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 Widget 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 Widget and applicable Content.
Permitted and Prohibited Use of Widgets
- 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.
When you install, use or display our Widget you must conspicuously include attribution to us in close proximity to the placement of the Widget stating:
[Ad Council’s Shared Voice]
No Fees; No Alterations
You may not, directly or indirectly, charge a fee, require compensation or other consideration for accessing our Widgets or our Content or in any way attempt to commercialize or commercially exploit our Widgets or 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 Widgets or any Content available through the use of our Widgets, including, without limitation, links embedded in Widgets or Content.
No Representations, Warranties or Liability
Widgets and Content are 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 WIDGETS, 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 WIDGET (AND ASSOCIATED CODE) FROM YOUR SITE.
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?
Copyright © 2008
The Advertising Council, Inc.
All Rights Reserved
Ad Council Copyright Policy
We respect the intellectual property rights of others and we expect our users, including you, to do the same and avoid infringing upon or violating the intellectual property rights of others. Subject to any legal and regulatory requirements that apply and in addition to any rights and remedies we may otherwise have (all of which are cumulatively reserved), we may terminate, suspend and/or cancel any and all registrations, profiles, access rights or use privileges applicable to any and all of our Websites of anyone, including you, that is found to be in violation of this Copyright Policy. That said, without limitation, we unconditionally reserve the right to take or refrain from taking any action available to us in our sole and absolute discretion.
If you believe any materials displayed or otherwise available on our Website infringe upon or violate the copyright of any other party, including any copyright you or we may hold or have rights in, you should report it to us promptly by using the procedures and the following instructions:
INSTRUCTIONS FOR NOTIFYING US AND MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
DO NOT USE THIS PROCEDURE FOR ANYTHING UNRELATED TO 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. Written notification of copyright infringement must be submitted to our Designated Agent as follows:
Service Provider(s): The Advertising Council, Inc.
Full Address of Designated Agent to Which Notification Should be Sent:
The Advertising Council, Inc.
815 Second Ave.
New York, NY 10017-4503
Telephone Number of Designated Agent: 212-922-1500
Facsimile Number of Designated Agent: 212-922-1676
E-mail Address of Designated Agent: copyright@AdCouncil.org
Your notification must include the following: (1) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work you claim has been infringed; (3) a description of the material 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 found; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including its URL, if applicable, so we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner's behalf.