EFFECTIVE DATE: November 15, 2022
PLEASE READ THESE TERMS CAREFULLY BECAUSE THE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU MUST BE 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO USE OUR WEBSITES. IF YOU ARE UNDER 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY ONLY USE THE WEBSITES WITH YOUR PARENT OF LEGAL GUARDIAN'S PERMISSION. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE OUR WEBSITES. BY ACCESSING THIS WEBSITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS WEBSITE, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO US, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED ON THIS PAGE, INCLUDING, BUT NOT LIMITED TO, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF NEW YORK LAW.
SMS/TEXT MESSAGING SERVICES
By sending a text message to the specified shortcode in connection with a particular campaign from your mobile device, you agree and provide your digital signature to receive automated SMS/text messages at the mobile device number you provide which may be sent via autodialer. You represent that you are the account holder for the telephone number(s) that you provide. You are responsible for notifying us immediately if you change your mobile telephone number that you provided. You must be a US resident and at least 18 years old to enroll in any text message program. Messaging and data rates and roaming charges may apply, and all charges are billed by and payable to your mobile service provider. You may opt-out of receiving text messages for a particular campaign at any time. To stop receiving text messages, text STOP to the phone number from which you received the text message. To request additional information or to get help, text HELP to the phone number from which you received the text message.
We do not guarantee availability or performance of the text message service and we will not be liable for any delays in the receipt of any SMS messages. By subscribing, you consent to receive text messages from us and any third party according to the program described to you. By subscribing or otherwise using the service, you acknowledge that we reserve the right to change and/or terminate the service at any time, with or without cause and/or advance notice, and that we have no duty of care or obligation to you to maintain the SMS program. You agree to indemnify Ad Council Entities for any claims, expenses, and/or damages to the extent caused by your failure to notify Ad Council if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
From time to time, we may modify these Terms, as well as any of our Websites. To the extent required by law, we will post or display a notice of material changes to any of our Terms on the Websites affected by the change and we will also change the effective date specified above. If you use the Websites after the Terms have changed, it means you are agreeing to be bound by the changes. You should check on a regular basis and review these Terms so you are aware of the current rights and obligations that apply to you.
We may, in our sole discretion, and at any time, discontinue the Websites or any part thereof, with or without notice, or may prevent your use of the Websites with or without notice to you. You agree that you do not have any rights in the Websites and that we will have no liability to you if any of the Websites is discontinued or your ability to access the Websites or any content you may have submitted through the Websites is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.
REGISTERING ON OUR WEBSITES
Some of our Websites, such as AdCouncil.org, require you to register in order to use or access certain Content. When you register, you may be required to provide us with certain information about yourself. You may also be required to choose a username and password (“Login Credentials”). Your Login Credentials are your sole responsibility to keep confidential. You agree to immediately notify us if you become aware or believe there may have been an unauthorized use of your account. We are not responsible for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible and liable for the use of your account whether by you or anyone else. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the Websites including any features or any other Content therein. We may cancel your account and delete all Posts (defined below) associated with your account at any time, and without notice, if we deem that you have violated these Terms, the law, or for any other reason. We assume no liability for any information removed from our Websites, and reserve the right to permanently restrict access to the Websites or a user account.
Each of our Websites is our property or the property of our licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property law. When you display, publish, post, submit or otherwise provide a Post (defined below) to or through any of our Websites, you hereby grant an unconditional, irrevocable, transferable, sublicensable, royalty-free, worldwide, perpetual, non-exclusive license to use, display, reproduce, perform, adapt, translate, modify, revise, edit, create derivative works of, publish, distribute, disseminate and/or broadcast such Post in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, and tag any Post. You continue to retain all ownership rights in such Post, and you continue to have the right to use your Post in any way you choose, subject to these Terms and the license described herein. You represent and warrant to us that you own all Posts you submit or otherwise provide on or through the Website and otherwise and have the necessary rights in the Post to grant us such license, and our use of such Posts will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. If you do not have the necessary rights to grant such license to us (or if you are not sure), do not submit or provide Posts to us. You further represent that all information provided by you through the Websites are true and accurate. We reserve the right to remove any Posts you provide, in our sole discretion, without any notice to you.
In general, you may only use Content for your own internal personal use and for no other purpose. For clarity, you may not use Content for commercial or charitable purposes, whether or not money, other compensation, or consideration is involved; and whether or not it is for your benefit or for another’s benefit. You are not allowed to display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content without our express prior written consent. You agree you will not download, display or use any Content for use (1) in any publications, (2) in public performances, (3) on websites other than this Website for any other commercial purpose, (4) in connection with products or services that are not those of Ad Council.
Notwithstanding the foregoing, we may allow users to download certain public service announcement Content (“PSA Content”) from our Websites. You may download PSA Content for the sole purpose of advertising and promoting the issue identified in the selected public service announcement, provided however that you may not nor may you permit another to use the PSA Content for commercial gain or for any other purpose outside of the permitted purpose described above. You may not nor will you permit another to modify or alter PSA Content in any manner, or create derivative works from PSA Content. You will not nor will you permit another to place PSA Content in any media except for media that has been donated. You may not place nor permit another to place PSA Content on any websites or media outlets that allow users to illegally download and share copyrighted materials. In addition, you may not display PSA Content on any websites or media outlets or appear adjacent to content that feature any pornographic, defamatory, violent, discriminatory, or otherwise unlawful or immoral content. You may not use the PSA Content in any manner that would imply an association with any commercial enterprise, and PSA Content may only be used through and until the applicable expiration date that was disclosed.
You agree not to use Content in any manner that is likely to: cause confusion among the public; disparage or discredit Ad Council, its sponsors, or their respective licensors, products, services, or brands; or dilute the strength of or otherwise infringe Ad Council’s, its sponsors’ or their licensors’ intellectual property. You further agree to in no other way misuse any Content or third party content that appears on the Websites.
You may not alter, delete or conceal copyright or other notices, even if we allow you to download, display, print or share the Content. We reserve the right, at any time and in our sole discretion, to require you to cease use of any and all Content, including PSA Content. Please be mindful that unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state, and local laws.
Our Websites may provide users with an opportunity to submit, post, publish and/or display posts, submissions, or any other content (referred to as a “Post” or “Posting”). Postings include not just posts in the form of files or material you upload to our Websites, but also any messages or information you may send as emails, text, SMS, and instant messages, comments, advice, opinions and ideas, as well as information available as a result of your participation in chat rooms, forums, discussion boards, and feeds. Please be advised that your Postings may be viewable publicly. You agree that you will not Post the personal information or any other confidential or proprietary information of yourself or others. We are not and cannot be held responsible for any communications you may receive in connection with your Posts. We reserve the right (but do not have an obligation) to remove any Posting that we believe in our sole discretion to violate our Terms, or for any other reason we find appropriate. We have no obligation to monitor user behavior, actions or Postings and we are not and shall not be responsible nor shall we be liable to you or anyone else for any personal injury, emotional or mental distress or any damages resulting in any way from a Posting or your reliance upon a Posting. We generally don’t control, monitor, screen or edit user Posts, although we reserve the right to do so. We do not 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.
NOT PROFESSIONAL ADVICE
Chat rooms, forums, discussion boards, feeds, and similar areas of our Websites are for exchanging information and communication with others who may have similar experiences, needs or interests. These areas and our Content are not and are never meant to be a substitute for qualified professional advice of any kind. You should never rely on the Website or any Posting or Content therein in making a decision or taking or failing to take a specific action. If you are experiencing a crisis, call or need help urgently, call 911, another emergency hotline or seek emergency or other professional help immediately.
You agree that you will not violate or enable or assist others in violating any of the following restrictions or requirements when Posting or otherwise using our Websites. You agree that you will not:
- violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise, including without limitation, privacy, publicity, intellectual property, or other proprietary rights of third parties;
- engage in any conduct that is illegal or, in our sole determination and judgment, is inappropriate or inconsistent with our image, goodwill and/or brand names and reputation;
- 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, etc.) 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;
- gain unauthorized use of our Websites, users’ accounts, Login Credentials, Content, or use our Websites in any manner which violates or is inconsistent with the provisions or spirit of our Terms or the law;
- collect, store, or post any content that contains personal information about other users or any individual, or publish Posts containing anything that you are under a contractual obligation to keep private or confidential;
- 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, scrape, gather, data mine, employ data extraction tools, transmit, reproduce, delete, revise, mine, 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 or otherwise accessible through the Website;
- 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 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, please send our Designated Agent a written notification as described below. Please keep in mind that if you knowingly misrepresent that certain Content or Posts are infringing, you may be subject to civil penalties resulting from the removal or blocking of the material, court costs, and attorney’s fees. Written notification must be submitted to the following Designated Agent:
815 Second Avenue, 9th Floor
New York, NY 10017
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;
- 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 description of the material that you claim is infringing, including a clear description of where the infringing material is located on our Website so that we can locate the material (e.g., URL);
- 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.
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, webpages or other internet or web-based locations of third parties, such as social networking platforms or the websites of our partners, that does not mean we are associated with or have endorsed, or reviewed that site or page and we have no obligation, responsibility or liability to you or anyone else regarding such website, page or address outside our Websites, even if access is made available through or in connection with our Website. When you leave our Websites, you are subject to the terms and conditions and other policies of these third party sites and Ad Council has no control over how your information is collected, used, or otherwise handled.
ANY LIABILITY WE MAY HAVE IS LIMITED
Ad Council makes no representations about the reliability of the features of this Website (including the PSA or any other Content), Posts, or any other Website feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems or use of the Website will be at your own risk. Ad Council makes no representations regarding the amount of time that any Content or Post will be preserved. We make no representation or warranty that any material, images, applications or files obtained from or through the Website are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses and/or concerning inaccuracies, typographical errors or other defects on the Website or applications or material available on or through Website. You agree to use this Website, applications and functions at your own risk.
Ad Council does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Posting. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Ad Council without the prior review and written approval of Ad Council.
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 THE WEBSITES OR CONTENT WILL BE AVAILABLE OR UNINTERRUPTED OR PERFORM AS DESCRIBED OR THAT THE WEBSITES OR CONTENT ARE ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED, ATTACK, VIRUSES OR OTHER CODE OR ANY OTHER BREACHES OF SECURITY. BY USING ANY OF OUR WEBSITES (INCLUDING CONTENT), YOU ASSUME ALL RISK THAT MAY ARISE OR BE ASSOCIATED WITH SUCH USE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES AND SPONSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES AND RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “AD COUNCIL ENTITIES”), DISCLAIM ALL LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, WHETHER DIRECT AND INDIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) IN CONNECTION WITH OR ARISING FROM OUR WEBSITES (INCLUDING CONTENT) OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL AD COUNCIL ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND AD COUNCIL’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE’S RECORDS, PROGRAMS, OR SERVICES. 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 WARRANTIES OR EXCLUSIONS OR DISCLAIMERS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU, AND SUCH LIMITATIONS AND EXCLUSIONS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF AD COUNCIL’S NEGLIGENT, FRAUDULENT, RECKLESS ACTS OR INTENTIONAL MISCONDUCT. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITES, YOU MAY TERMINATE YOUR USE OF THE WEBSITE.
You shall indemnify and hold Ad Council Entities harmless from and against any damages and expenses, including reasonable attorneys’ fees and costs, arising out of or related to demands, claims or actions brought as a result of or in connection with any breach or violation of these Terms by you or by your dependent or any claims arising from your Posts or any other information provided to Ad Council or the Websites. 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?
Our Terms shall be construed and enforced under the laws of the State of New York applicable to parties resident in and contracts made, executed and wholly performed within the State of New York, without regard to conflicts of laws principles. 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 otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Copyright © 2022 The Advertising Council, Inc. All Rights Reserved.