Effective as of May 18, 2017
1. LICENSE GRANT. The DAA Solution is made available by DAA, and this TOU provides to you (identified herein as "you" or a "user" or with "your") a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicenseable license to use the DAA Solution conditioned on your continued compliance with this TOU. You may print and download materials and information from the DAA Solution solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. If you wish to distribute or display the materials and information found on the DAA Solution or to use such materials and information for commercial purposes, you may contact DAA using the contact information set forth below.
2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. DAA transfers no ownership or intellectual property interest or title in and to the DAA Solution to you or anyone else. Further, DAA reserves all rights not expressly granted by 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 Solution. Moreover, you acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the DAA SOLUTION 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 Solution is provided; (iii) DAA may, from time to time, engage independent contractors, consultants, or subcontractors to aid DAA in providing the DAA Solution or use thereof; and (iv) DAA has the right to provide the DAA Solution to others.
3. USER OBLIGATIONS. By accessing or using the DAA Solution, you represent that you are at least eighteen (18) years of age ((or the legal age of majority) (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the DAA Solution, including, without limitation, when you provide information via a DAA Solution submission form. 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 Solution. You also acknowledge and agree that use of the Internet and the DAA Solution is solely at your own risk.
4. PROPRIETARY RIGHTS. The DAA Solution is owned by Digital Advertising Alliance. Copyright 2010-2017 © Digital Advertising Alliance and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the DAA Solution, unless otherwise indicated, are owned by DAA and/or its licensors. DAA, DIGITAL ADVERTISING ALLIANCE, ABOUTADS, the Digital Advertising Alliance logo, and all other names, logos, and icons identifying DAA and its solutions, products, and services are proprietary trademarks of DAA, and any use of such marks without the express written permission of DAA is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
5. FEEDBACK. DAA welcomes your feedback and suggestions about DAA’s products or services or with respect to how to improve the DAA Solution. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to DAA, you represent and warrant that such Feedback does not infringe 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 to DAA and enable DAA to use such Feedback. In addition, any Feedback received by DAA will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for DAA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, 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 therein, and you hereby waive any claim to the contrary.
6. Mobile USAGE. The DAA Solution offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device (collectively, “Mobile DAA Solutions”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile DAA Solutions. In addition, downloading, installing, or using certain Mobile DAA Solutions may be prohibited or restricted by your mobile carrier, and not all Mobile DAA Solutions may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile DAA Solutions are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile DAA Solutions; and how much such use will cost you. Nevertheless, your use of the DAA Solution shall be strictly in accordance with this TOU.
9. LINKS TO OTHER SITES. DAA may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience. Such other sites are maintained by third parties over which DAA exercises no control. These links do not imply an endorsement with respect to any third party or any third party website or the information, products, or services provided by any third party.
10. DISCLAIMER. THE DAA SOLUTION IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. DAA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DAA ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THESE THIRD PARTY WEBSITES. NEITHER DAA NOR PARTICIPATING COMPANIES WARRANT THAT THE DAA SOLUTION WILL BE ERROR-FREE OR ALWAYS WORK AS INTENDED.
11. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE DAA FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND DAA’S CONTROL. 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 SOLUTION OR WITH THE DELAY OR INABILITY TO USE THE DAA SOLUTION, EVEN IF DAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF DAA FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE DAA SOLUTION AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE DAA SOLUTION WHATSOEVER FOR AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO DAA DURING THE PAST SIX MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE DAA SOLUTION.
12. INDEMNIFICATION. You agree to indemnify, defend, and hold DAA (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOU or for any violation or alleged violation of the rights of any other person or entity by your Transmission(s).
13. ENFORCING SECURITY. You may not use the DAA Solution or any of DAA’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using DAA data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a DAA system or network, circumventing any DAA security or authentication measures, monitoring DAA data or traffic, interfering with any DAA services, collecting or using from the DAA Solution email addresses, screen names, or other identifiers, collecting or using from the DAA Solution information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the DAA Solution to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against DAA or its data, systems, or network. Actual or attempted unauthorized use of the DAA Solution may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. DAA reserves the right to view, monitor, and record activity on the DAA Solution without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the DAA Solution as well as to disclosures required by or under applicable law or related government agency actions. DAA will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, DAA reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the DAA Solution, or any portion of the DAA Solution in order to protect the DAA Solution or DAA.
14. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of DAA proprietary assets, 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 seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that DAA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to DAA to enforce any provision of this TOU.
15. GOVERNING LAW. The DAA Solution is controlled and operated by DAA from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. Any action to enforce this TOU will be brought in the courts presiding in the State of New York, and all parties to this TOU expressly agree to be subject to the 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 the DAA Solution, 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 Solution is controlled and operated by DAA from its offices and facilities within the United States. DAA makes no representation that the DAA Solution is appropriate or available for use in other locations, and access to the DAA Solution from territories or nations where any aspect of the DAA Solution is illegal is hereby expressly prohibited. You access the DAA Solution solely on your own volition and are responsible for compliance with all applicable laws.
16. TERM AND TERMINATION. This TOU will take effect (or shall re-take effect) at the time you submit information through the DAA Solution, respond to a request for information, and/or begin accessing, or using the DAA Solution, whichever is earliest. DAA reserves the right at any time and without notice to deny you access to the DAA Solution 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 cease to use the DAA Solution or comply with this TOU, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination and in accordance with law, you must destroy all copies of any aspect of the DAA Solution in your possession. The provisions concerning this Entire Agreement, License Grant Restrictions, (DAA’s) Proprietary Rights, Feedback, Disclaimer (of Warranty), Enforcing Security, Waiver & Severability, Injunctive Relief, and Limitation of Liability will survive the termination of this TOU for any reason.
17. 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, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
18. ENTIRE AGREEMENT. No joint venture, partnership, employment, or agency relationship exists between you and DAA as a result of this TOU or your utilization of the DAA Solution. In addition to the Master Services Agreement, this TOU represents the entire agreement between you and DAA with respect to your individual use of the DAA Solution. Please note that DAA reserves the right to change the terms and conditions of this TOU and the terms and conditions under which the DAA Solution and its offerings are extended to you by posting online a revised TOU or mailing and/or emailing notice thereof to you. In addition, DAA may add, modify, or delete any aspect, program, functionality, or feature of the DAA Solution. Your continued use of the DAA Solution following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU found at this location on a periodic basis.
19. CONTACT INFORMATION. If you have questions regarding the DAA Solution or if you are interested in obtaining more information concerning DAA or its programs, services, or solutions, please contact Digital Advertising Alliance at PRIVACY@ABOUTADS.INFO .