Effective as of October 8, 2015
TERMS AND CONDITIONS
1. LICENSE GRANT. Subject to your continued strict compliance with the terms and conditions of this TOU, DAA provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, and non-transferable license to use the DAA Property and its DAA Materials. You may download and print materials and information from the DAA Property solely for your personal use and when intended for download or print use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the DAA Property shall be determined by DAA in its sole and absolute discretion; (ii) DAA has the right to control and direct the means, manner, and method by which the DAA Property is provided; (iii) DAA may, from time to time, engage independent contractors, consultants, or subcontractors to aid DAA in providing the DAA Property or use thereof; and (iv) DAA has the right to provide the DAA Property to others. In addition, you hereby acknowledge and agree that this TOU provides you with only a limited license to access and use the DAA Property. Accordingly, you hereby acknowledge and agree that DAA transfers no ownership or intellectual property interest or title in and to the DAA Property or DAA Materials to you or anyone else under this TOU. DAA hereby reserves any and all intellectual property rights in the DAA Property or DAA Materials not otherwise expressly granted in this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the DAA Property.
2. USER OBLIGATIONS. By accessing, or using the DAA Property you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside and will, at all times, provide true, accurate, current, and complete information when submitting information to the DAA Property, including, without limitation, when you provide any information to DAA via an email or any registration or submission form found on the DAA Property. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the DAA Property.
3. SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional rules, guide lines, terms, and conditions (including, without limitation, payment terms), and agreements may apply to use of other DAA property, such as the Advertising Option Icon, or participation in certain surveys, events, or programs. DAA’s obligations, if any, with respect to its products, events, or programs are governed solely by the rules, guidelines, terms and conditions, and agreements pursuant to which they are provided, and nothing on the DAA Property should be construed to alter such terms, conditions, notices, and agreements.
4. PROPRIETARY RIGHTS. All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of DAA Material or any content contained on or available through the DAA Property, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by DAA and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this TOU, DAA does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of the DAA Property may violate intellectual property or other proprietary rights laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. The DAA Property is Copyright © 2010-2015 Digital Advertising Alliance and/or its licensors. All rights reserved. DIGITAL ADVERTISING ALLIANCE, DAA, ABOUTADS, the DAA logo, and all other names, logos, and icons identifying DAA, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by DAA or its licensors, and any use of such marks without the prior express written permission of DAA is hereby strictly prohibited. Other product and company names on the DAA Property may be the trademarks and/or service marks of their respective owners.
5. ENFORCING SECURITY ON THE DAA PROPERTY. Actual or attempted unauthorized use of the DAA Property may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. DAA reserves the unqualified right to view, monitor, and record activity occurring on or through the DAA Property without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the DAA Property is subject to review by law enforcement organizations in the sole and absolute discretion of DAA. DAA will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, DAA reserves the right to, at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the DAA Property or any portion thereof for any reason whatsoever. You also acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to DAA, such injury would not be quantifiable in monetary damages, and DAA would not have an adequate remedy at law. You therefore agree that DAA shall be entitled, in addition to other available remedies, to injunctive relief restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
6. SUBMISSIONS. DAA welcomes your feedback and suggestions about how to improve the DAA Property and/or the events, programs, products and/or services of DAA. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to DAA, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to DAA. In addition, any feedback received through the DAA Property will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license for DAA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
7. LINKS TO OTHER SITES. DAA may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These other sites have not necessarily been reviewed by DAA and may be maintained by third parties over which DAA exercises no control. Accordingly, DAA expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
8. DISCLAIMER. THE DAA PROPERTY AND THE DAA MATERIALS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. DAA ALSO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF the DAA Property OR THE DAA MATERIALS. MOREOVER, DAA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE DAA MATERIALS AVAILABLE ON OR THROUGH THE DAA PROPERTY.
9. LIMITATION OF LIABILITY. You expressly absolve and release DAA from any claim of harm resulting from a cause beyond DAA’s reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL DAA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE DAA PROPERTY OR WITH THE DELAY OR INABILITY TO USE THE DAA PROPERTY, OR FOR THE DAA MATERIALS AVAILABLE THROUGH THE DAA PROPERTY, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE DAA PROPERTY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF DAA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE DAA PROPERTY, DAA’S DAA MATERIALS, AND/OR ANY PROGRAM OR EVENT MADE AVAILABLE THROUGH THE DAA PROPERTY, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO DAA DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
10. GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York without regard to its principles of conflicts of laws. Any action by you relating to this TOU, or to DAA’s services, materials, events and/or products accessed or purchased through the DAA Property, shall be brought only in the federal or state courts presiding in the State of New York, U.S.A., and all parties to this TOU expressly agree to be subject to the exclusive jurisdiction of such courts. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or DAA’s services, materials, events and/or products accessed or purchased through the DAA Property, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The DAA Property is controlled and operated by DAA from its offices and facilities within the United States. DAA makes no representation that the DAA Property is appropriate or available for use in other locations, and access to the DAA Property from territories or nations where any aspect of the DAA Property is illegal is hereby expressly prohibited. You access the DAA Property solely on your own volition and are responsible for compliance with all applicable laws.
11. TERM AND TERMINATION. This TOU will take effect (or shall re-take effect) at the time you click “I ACCEPT”, submit information through the DAA Property, respond to a request for information, and/or begin accessing, or using the DAA Property, whichever is earliest. DAA reserves the right at any time and without notice to deny you access to the DAA Property or to any portion thereof and to terminate your rights under this TOU, in its sole and absolute discretion for any reason whatsoever. Your rights under this TOU will terminate automatically if you fail to comply with this TOU, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the DAA Property or DAA Materials in your possession. The provisions concerning the restrictions on use, ownership of proprietary rights, enforcing security on the DAA Property, submissions, disclaimer of warranty, limitation of liability, waiver & severability, governing law, and entire agreement will survive the termination of this TOU for any reason.
12. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by DAA of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by DAA in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
13. ENTIRE AGREEMENT. No joint venture, partnership, employment, or agency relationship exists between you and DAA as result of this TOU or your utilization of the DAA Property. This TOU represents the entire agreement between you and DAA with respect to its subject matter, and it supersedes any prior agreements, communications, or proposals. Be advised that DAA reserves the sole and absolute right to change the terms and conditions of this TOU and the terms and conditions under which the DAA Property and its many offerings are extended to you by posting a revised TOU on the DAA Property or mailing and/or e-mailing notice thereof to you. In addition, DAA may make changes to the DAA Property. Your continued use of the DAA Property following any changes to the DAA Property or the TOU will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.