Effective Date: January 13, 2022
IAB IS WILLING TO ALLOW YOU TO USE THE WEBSITE AND THE IAB MATERIALS ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO THIS TOU, YOU DO NOT HAVE PERMISSION TO ACCESS OR USE THE WEBSITE AND YOU MUST STOP USING OR ATTEMPTING TO USE THE WEBSITE.
Subject to your compliance with the terms and conditions of this TOU, IAB provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, and non-transferable license to use the Website and the IAB Materials. Subject to the restrictions below, you may download and print materials and information from the Website solely for your personal use, on the condition 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 IAB does not transfer any ownership or intellectual property interest or title in and to the Website or the IAB Materials to you or anyone else under this TOU. IAB hereby reserves any and all intellectual property rights in the Website or IAB Materials not otherwise expressly granted in this TOU.
Notwithstanding the foregoing license grant, 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 Website. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website in order to obtain or attempt to obtain any IAB Materials or any other information through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Website, (b) any other systems or networks connected to the Website, (c) any IAB server, or (d) to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or IAB’s systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with (a) the proper working of the Website, (b) any transaction conducted on the Website, or (c) with any other person’s use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to IAB on or through the Website, (viii) use the Website to harvest or collect e-mail addresses, contact information, or other user or visitor information; or (ix) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact IAB. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY IAB MATERIALS TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
By accessing, or using the Website 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 Website, including, without limitation, when you provide any information to IAB via an email or any registration or submission form found on the Website. If you provide any false, inaccurate, untrue, or incomplete information, IAB reserves the right to in its sole discretion immediately and without notice terminate your access to and use of the Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. You also acknowledge and agree that use of the Internet and the Website are solely and exclusively at your own risk. While IAB has endeavored to create a secure and reliable Website, the confidentiality of any communication or material transmitted to/from the Website over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, IAB is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
By using the Website, you agree to defend IAB and any or all of IAB’s sponsors, members, affiliates, suppliers, promotional partners, operational service providers, agents and representatives (collectively, the “IAB Entities”) against any demands, claims or actions arising out of or as a result of your breach or violation of this TOU, including any violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of others (“Claim”) and you shall indemnify and hold the IAB Entities harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. IAB shall have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.
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 IAB Material or any content contained on or available through the Website, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by IAB 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, IAB does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of the Website 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 Website is Copyright © 2022 Interactive Advertising Bureau and/or its licensors. All rights reserved. IAB also owns a copyright in the contents of the Website as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, information, or materials available through the Website and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by IAB and/or its suppliers. IAB, all Internet for Growth and IAB logos, and all other names, logos, and icons identifying Internet for Growth or IAB, its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by IAB, and any use of such marks without the prior express written permission of IAB is hereby strictly prohibited. Other product and company names on the Website may be the trademarks and/or service marks of their respective owners.
CONTENT AND POSTING
Responsibility for Your Content. The Website may allow you to register or create a profile or account, or otherwise enable you to submit, provide, furnish, transmit, exchange, communicate, and/or display text, images, photos, audio, video, location data, and other forms of data or communication through, or in connection with the Website (“Content”). You alone are responsible for your Content and once published, it cannot always be withdrawn. You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. By posting Content, you represent that you own or have the right to post such Content and you specifically agree your Content shall not violate any law or regulation, this TOU, or the rights of others. IAB is not responsible for any Content posted by you or by anyone else on the website. You will defend and indemnify IAB for any such postings as described in the “Indemnity” section above.
Ownership and Our Right to Use Your Content. Content that is yours, remains yours and neither this TOU, nor your use of the Website is intended to deprive you or anyone of any existing rights to your Content. However, by submitting Content to IAB you agree that you (i) are giving IAB a non-exclusive, irrevocable, unconditional, transferable, perpetual, worldwide, royalty free license and right to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and broadcast that Content without accounting to you or notifying you in any way and you irrevocably waive, and cause to be waived, against IAB and its users any claims and assertions of moral rights or attribution with respect to your Content, and (ii) represent and warrant to IAB that you have the right to submit the Content and grant the rights and license described above, that such Content 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 Content to IAB.
THIRD PARTY PRODUCTS/SERVICES
IAB, in its sole and absolute discretion, may post the advertisements of third parties on the Website and/or feature materials, programs, events, products, and services provided by third parties. IAB makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third-party materials, products, and services. Your correspondence or any other dealings with third parties found on the Website are solely between you and such third party. IAB expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Website, and you agree that IAB shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties’ materials, products, and/or services on the Website.
LINKS TO OTHER SITES
IAB 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 IAB and may be maintained by third parties over which IAB exercises no control. Accordingly, IAB 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.
CONFIDENTIALITY AND COMPETITIVE GUIDELINES
When posting Content or otherwise using the Website you should assume that neither your identity or any Content you make or make available are confidential or anonymous. You should always identify yourself and your affiliation when posting Content with other users and to the Website. IAB’s messaging capabilities (if any) and the Website resources, features, functions, and capabilities are not designed, nor intended, to protect the confidentiality of any postings. As an industry association, IAB’s members may also be competitors with one another and in addition to referring to the guidelines below, IAB cautions you against posting anything which you or your employer or a third party may consider confidential, sensitive or proprietary because you should assume it will be available to other users on the Website and generally become publicly available.
IAB has no obligation, nor does IAB verify, review for accuracy, completeness or otherwise, any Content. IAB also has no obligation to monitor or continue to monitor your use of the Website or your Content, but IAB reserves the right to do so and to confirm and request confirmation of any information you submit to us or on the Website, at any time for any reason or no reason at all. Postings and Content are not in any way endorsed by IAB, nor does IAB screen postings and Content.
GENERAL RULES OF CONDUCT
You may never use, allow, or enable others to use the Website or knowingly condone use of the Website to do or attempt to:
- violate any laws, regulations, judicial or governmental order, treaties, IAB’s rights or the rights of any other person, firm or enterprise;
- engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
- impersonate any other person, firm or enterprise or any of IAB or its employees and agents;
- use the Website for posting Content or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including the Website;
- gain unauthorized use of the Website, other users’ names, personally identifiable information or use the Website in any manner which violates or is inconsistent with the provisions or spirit of this TOU;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person, firm or enterprise;
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, 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;
- 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 the Website or any Content for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or any other form of compensation or consideration or through linking with any other website or web pages.
THE WEBSITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF THE WEBSITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT THE WEBSITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON THE WEBSITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. IAB IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL IAB BE LIABLEFOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE, THIS TOU, INCLUDING, BUT NOT LIMITED TO, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR THE IAB MATERIALS AVAILABLE THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT IAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, IAB SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL IAB’S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
You expressly absolve and release IAB from any claim of harm resulting from a cause beyond IAB’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.
ENFORCING SECURITY ON THE WEBSITE
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. IAB reserves the unqualified right to view, monitor, and record activity on the Website without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Website is subject to review by law enforcement organizations in the sole and absolute discretion of IAB. IAB 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, IAB reserves the right to, at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Website 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 IAB, such injury would not be quantifiable in monetary damages, and IAB would not have an adequate remedy at law. You therefore agree that IAB 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.
TERM AND TERMINATION
This TOU will take effect (or shall re-take effect) at the time you click “I ACCEPT”, submit information through the Website, respond to a request for information, and/or begin accessing, or using the Website, whichever is earliest. You may terminate this TOU at any time by closing your account and discontinuing any use of the Website, Your rights under this TOU will also 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 Website or IAB Materials in your possession. The provisions concerning proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOU, and governing law will survive the termination of this TOU for any reason.
This TOU and your use of the Website shall be construed, governed by and enforced under the substantive 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 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 this TOU.
YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER THIS TOU OR YOUR USE OF OUR WEBSITE.
CHANGES TO THIS TOU AND WEBSITE
IAB reserves the right, at any time, and from time to time, to add to, delete or modify this TOU, as well as all or any part of the Website. IAB will post the current TOU on the Website as well as a notice of any change to this TOU. IAB will apply the most current TOU against all users of the Website. Accordingly, as access to and use of the Website remains conditioned upon agreement to this TOU, any use of the Website shall constitute acceptance of the TOU then in effect at the time of your access. IAB encourages you to review this TOU on a periodic basis.
This TOU constitutes the entire agreement between you and IAB regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. This TOU cannot be modified except as otherwise described herein or in a written amendment signed by an IAB authorized representative. No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying this TOU or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of this TOU. Headings are purely for reference and shall not affect meaning. Any provision which must survive any termination of your agreement with us in order to allow IAB to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us or any of the IAB Entities, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe the Website contains elements that infringe any copyright of yours or anyone else’s, please follow the procedures set forth below in IAB’s Notice and Procedure for Making Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to IAB’s Designated Agent.
THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING IAB THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
IAB CAUTIONS YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF IAB RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Interactive Advertising Bureau, Inc.
Name of Designated Agent to Receive Notification of Claimed Infringement: Patrick Dolan
Full Address of Designated Agent to Which Notification Should be Sent: 116 27th St., 7th floor, New York, NY, 10016
Telephone Number of Designated Agent: (212) 380-4727
Facsimile Number of Designated Agent: (212) 504-7940
Email Address of Designated Agent: [email protected]
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;
- A description of the material that 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 posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on the Website, including as applicable its URL, so that IAB can locate the material;
- 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.