Terms of Use

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.

These terms and conditions are our “Terms of Use” and represent a legally binding agreement between you and us regarding your use of our Websites. These Terms of Use, however, are not the only terms and conditions that apply to you and your legal agreement with us includes our Privacy Policy and other terms and conditions that we refer to in these Terms of Use or our Privacy Policy or those that we disclose or notify you when you use or attempt 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.

If you use any of our Websites you are acknowledging you have read and understand the legal agreement you have with us, including these Terms of Use, our Privacy Policy and any Additional Terms and that unless you immediately stop using or trying to use all of our Websites, you will be signifying your 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 CAN CHANGE OUR WEBSITES AND OUR TERMS OF USE

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 Terms of Use that apply to you, as well as any of our Websites and/or any Content. We will post or display a notice of material changes to any of our Terms 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.

PRIVACY

We respect your privacy. Our Privacy Policy is incorporated into and forms a part of these Terms of Use and part of our agreement with you. Read it 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 our Websites.

You keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms of Use do not deprive you or any holder of your 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 laws.

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 you should not assume it is our Website, unless it actually says so and the terms of use that apply to you are these Terms of Use.

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 ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITES, CONTENT, THESE TERMS OF USE AND/OR 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 shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms of Use by 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?

Our Terms of Use 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. 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 of Use. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT 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.

MISCELLANEOUS

Our Terms of Use, together with our Privacy Policy and any Additional Terms that apply to you are incorporated by reference and are part of our Terms of Use as if they were right here. Our Terms of Use is the entire agreement you have with us regarding our Websites, Content and other subject matter set 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 Use, including our Privacy Policy, any Additional Terms, our Websites, Content or violates any law or regulation, we have the right, reserving cumulatively 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.

Our Terms of Use can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of the Terms of Use. Headings are purely for 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 termination; however, no claim or action relating in any way to this Terms of Use, including our Privacy Policy, any Additional Terms, our Websites, 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).

Privacy Policy

THIS IS OUR OFFICIAL PRIVACY POLICY, WHICH IS PART OF OUR TERMS OF USE AND FORMS A PART OF YOUR LEGAL AGREEMENT WITH US. PLEASE READ IT CAREFULLY SINCE IT DESCRIBES THE TYPES OF INFORMATION WE COLLECT, HOW WE COLLECT AND USE INFORMATION, THE CIRCUMSTANCES IN WHICH WE DISCLOSE OR SHARE INFORMATION AND HOW YOU CAN ACCESS, UPDATE OR DELETE CERTAIN INFORMATION WE HAVE COLLECTED ABOUT YOU.

Any terms not defined in this Privacy Policy are defined in our Terms of Use.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

When you access or visit any of our Websites, we and our operational service providers and others who host our Websites often use technology that can recognize, collect and/or transmit information that is associated with you, but which do not personally identify you. Although the term “cookie” specifically refers to a small text file that is stored on a user’s computer for record-keeping purposes, we will use the term “cookie” to refer generically to any technology that can recognize, collect and/or transmit information about your visits to our Websites. This type of information includes such data as the Internet or web domain that referred you, the type of operating system and browser you are using, the date and time of your visit, data relating to activities on our Websites (e.g., so-called ‘clickstream’ data) and other technological attributes about your visit to our Websites. This information is used to analyze trends, administer our Websites, track user movements on our Websites, gather aggregate demographic information about visitors so we can continually improve our Websites.

Cookies also allow our Websites to recognize a users’ computer or access device each time it is used to visit a particular Website and cookies can keep count of how often you return. Cookies can also track how you use our Websites, your preferences for features and functions and, for Websites that have registration or similar features, cookies can store information such as your user name and password so you don’t have to re-enter them each time you return to visit. Cookies don’t personally identify you or any particular user or individual.

You can disable or turn the cookie feature off by changing the settings on your Internet browser and you can also change the settings to stop your browser from automatically accepting cookies. Although changing these settings may not affect your ability to browse, it may affect your ability to use certain features and functions of our Websites and it may also require you to re-enter certain information each time you visit or attempt to use our Websites. You should consult the operating instructions that apply to your browser to determine how to best configure your browser settings for your needs.

PERSONAL INFORMATION

We use the term “Personal Information” to refer to any information you provide in connection with your use of any of our Websites by which you can be personally identified. Personal Information may include such things as your name, street address, telephone number, date of birth, e-mail address and any other information which might reasonably be used to identify you. We only obtain Personal Information from you when you submit it to us or provide it on one or more of our Websites that require it in order to allow you to register, subscribe or take advantage of certain features, functions, services, activities, promotions and content on our Websites (these are referred to as “Content” in our Terms of Use). You may also email us with a question or for more information and we will use your contact information (which includes Personal Information such as an email address) to help us respond and for customer service purposes. Unless you voluntary provide or send us Personal Information, we will always ask you to submit or provide it to us before collecting your Personal Information, although you may not be able to use the particular Content, if you choose not to provide your Personal Information. If you provide or submit your Personal Information to any of our Websites, we will always give you the right to review, update and/or delete your Personal Information, subject to our obligations to comply with legal, regulatory our internal audit and record-keeping requirements.

In addition to this Privacy Policy, each of our Websites that ask you to submit or provide Personal Information, will have additional disclosures and information (“Supplemental Privacy Policies”) that describe how that Website collects, uses, shares and maintains your Personal Information and each of those Supplemental Privacy Policies are incorporated and form a part of this Privacy Policy and our Terms of Use when you use that Website and provide or submit Personal Information.

SPONSORS, ADVERTISERS AND OTHER THIRD PARTIES

Our Websites may contain or display information from our sponsors, advertisers, operational service providers (see Disclosure to Third Parties below) or others (each, a “Third Party”) that offer to make information, goods or services available, provide opportunities to participate in promotions or engage in activities or that link or redirect your browser to other websites, materials or organizations. We may also use Third Parties to display or serve advertising on our Websites, as well as for distributing our online, email, messaged or web-based newsletters and other information. Third Parties often also employ cookies to measure advertising effectiveness. You should be aware that even if you encounter an advertisement, link or reference to a Third Party website on one of our Websites and even if we have a relationship with them, we do not control them, their websites or their policies and practices regarding use of their websites or any rules they have regarding the use of cookies or collection, use or disclosure of your information (including Personal Information). These are within their control and not ours and the terms and conditions, as well as the privacy policies that apply to these Third Parties and their websites are their responsibility, not ours.

DISCLOSURE TO THIRD PARTIES

We do not sell, rent, lease, provide or otherwise disclose your Personal Information to unaffiliated entities unless the Supplemental Privacy Policy that applies to your use of a particular Website. We will always let you know if we intend to provide any of your Personal Information to a Third Party, you will always have an opportunity to read and review the Supplemental Privacy Policy that applies and we will ask you to consent ("Opt in") whenever we intend to do so.

We always have the right to disclose your Personal Information to any Third Party we engage for the purpose of administering, operating, configuring site design, maintaining and providing internal support for our Websites and Content on our Websites. These Third Parties are called operational service providers that provide internal support to operations and activities and/or for Site design, development, hosting and operations. We always request that our operational service providers protect your privacy and not disclose your Personal Information to third party marketers that are not associated with our Websites, nor are they permitted to use your Personal Information for their own marketing or promotional purposes.

We also reserve the right to make your Personal Information available:

• When we are compelled by a governmental agency, law, regulation, a court or other legal process;
• If we believe you are, have or may violate any law, regulation, our Terms of Use;
• If we believe you are or may be a threat to safety, property, interests or rights of us or others;
• In order to investigate, respond to or resolve problems or inquiries or defend our interests;
• In a merger, acquisition, change of control, joint venture or other business combination.

You should also be aware we are public service organization and simply because a website or web page includes our logo, name or otherwise refers to us, does not mean the website or web page is ours or under our control. We work with sponsors, advertisers and government agencies to bring you public service advertising and if you enter, provide or submit Personal Information on or to a co-branded website or web page you may be subject to the terms, conditions and privacy policies of the Third Party sponsor, advertiser, government agency or co-branding organization.

HOW WE USE YOUR INFORMATION

We only use information that we collect or obtain when you use our Websites as described in this Privacy Policy, for our internal research purposes or to ensure compliance with our Terms of Use. If we or any of our Websites collect, maintain, use or intend to share your Personal Information for other purposes than as described in this Privacy Policy, we will ensure that is included within the Supplemental Privacy Policy that applies to the Website or Websites involved.

SECURITY

We maintain reasonable standards of security and confidentiality. We also try to limit information access to individuals who need to have such access to perform their responsibilities associated with our Websites and the Content on our Websites. Any employee found violating our standards of security and confidentiality is subject to our disciplinary processes. We request our operational service providers to follow the same policy. The Internet, however, and communications cannot be guaranteed to be secure and it is possible that others may unlawfully intercept or access information, transmissions or communications to, from or within our Websites.

YOUR RIGHTS REGARDING PERSONAL INFORMATION.

In addition to any terms, conditions or rights that are described in any Supplemental Privacy Policy applicable to particular Websites, you always have the right to request that: (i) we correct or update your Personal Information; (ii) we not share your Personal Information with third parties; or (iii) your Personal Information be removed from our active marketing databases. Although we will usually provide you with the ability to update or delete Personal Information directly online, some Personal Information may not be changed or deleted by you and requires you to contact us for verification (e.g., birth date, email address, name). The Supplemental Privacy Policy that applies to the Website will provide you with the email address or contact information that applies to that Website so that you can contact us with a request to change that type of information.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a resident of the State of California, under the California Civil Code, you have the right to request information on how to exercise your disclosure choice options from companies conducting business in California. For each Website that collects or obtains any Personal Information from you, our Supplemental Privacy Policy will provide you details, as well as contact information for the Privacy Administrator for that Website and specifics regarding how to send us a request for information. All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. We will not accept requests via the telephone or by facsimile and we are not responsible for requests that are not labeled, are not sent properly, or that do not have complete information.

CHANGES TO PRIVACY POLICY

We can change this Privacy Policy at any time (see our Terms of Use). As with our Terms of Use, we encourage you to come back and review this Privacy Policy often to be sure you are aware of the terms, conditions, rights and obligations that apply to you.

CONTACT US

If you have any questions about the Privacy Policy that applies to any of our Websites, first check to see if that Website has a Supplemental Privacy Policy with contact information if you have questions about that Website. For general questions about our Privacy Policies or if a particular Website does not have a separate Supplemental Privacy Policy please email us at info@adcouncil.org or write us to the attention of our Privacy Administrator, at Privacy Administrator, The Ad Council, 815 Second Ave. 9 ^th Floor, New York, NY 10017-4503 and please specify if you are inquiring about a specific Website to help us better assist and respond to your questions.