These Terms of Use (the “Terms”) are effective as of Feb. 24, 2014.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE OR MOBILE APPLICATION(S) OFFERED BY THE DIGITAL ADVERTISING ALLIANCE (“DAA”). THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (referenced herein as a "User") AND THE DAA AND SET FORTH THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEB SITE OR MOBILE APPLICATION(S) PROVIDED BY THE DAA AND ANY INFORMATION AVAILABLE THROUGH EITHER OF THEM (COLLECTIVELY, THE "PROPERTIES"). DIGITAL ADVERTISING ALLIANCE ("DAA") IS WILLING TO PERMIT USE OF THE PROPERTIES ONLY ON THE CONDITION THAT EACH USER AGREES TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE. IF FOR ANY REASON, A USER DOES NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THE PROPERTIES.
1. LICENSE GRANT. These Terms provide a User, with a personal, revocable, limited, non-exclusive, nontransferable license to use the Properties conditioned on your continued compliance with the terms and conditions of this Terms of Use. A User may print and download materials and information from the Properties solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This Terms of Use is a license and not an assignment or sale. All rights not expressly granted are hereby reserved. Accordingly, a User may not modify, alter, translate, decompile, create derivative work(s), copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use the Properties in any manner not expressly permitted herein by DAA.
2. PROPRIETARY RIGHTS. The Site is Copyright © 2010-2014 Digital Advertising Alliance and/or its licensors. The mobile application is Copyright © 2014. All rights reserved. DAA also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Properties. Any software and other downloadable or printable programs, information, or materials available through the Properties and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by DAA. DAA and all other names, logos, and icons identifying DAA and its 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 product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
3. LINKS TO OTHER SITES. The DAA may in its sole discretion provide on or through the Properties links to certain websites owned and controlled by third parties (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by the DAA and are owned, controlled and/or maintained solely by third parties over whom the DAA exercises no control. Accordingly, the DAA hereby expressly disclaims and shall not have any liability or responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on Third Party Sites accessible through links on the Properties. Moreover, the Third Party Sites do not imply an endorsement with respect to any third party, any content, any website, network, or page, or the products or services provided by any third party.
4. DISCLAIMER OF WARRANTY. YOUR USE OF THE PROPERTIES IS AT YOUR SOLE RISK. THE PROPERTIES ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." THE DAA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE PROPERTIES ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE PROPERTIES (OR THE FUNCTIONALITY THEREOF) WILL MEET YOUR REQUIREMENTS OR PRODUCE YOUR EXPECTED RESULTS, OR THAT ERRORS IN THE PROPERTIES WILL BE CORRECTED, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGMENT. IN ADDITION, THE DAA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF MATERIALS OR DATA DOWNLOADED, UPLOADED, OR TRANSFERRED USING THE PROPERTIES. DAA ALSO DOES NOT WARRANT THAT ANY THIRD PARTY INTERNET BROWSER OR PLATFORM WILL SUPPORT THE PROPERTIES.
5. LIMITATION OF LIABILITY. 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 PROPERTIES OR WITH THE DELAY OR INABILITY TO USE THE PROPERTIES, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE PROPERTIES, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE PROPERTIES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DAA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY FOR DAA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE PROPERTIES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY A USER TO DAA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
6. REPRESENTATIONS AND WARRANTIES. By downloading, accessing, or using the Properties, each User hereby represents and warrants that (i) the User is at least 18 years of age or the legal age of majority, whichever is greater; (ii) the User will at all times provide true, accurate, current, and complete information when submitting information to the DAA through the Properties; and (iii) the User will at all times comply with the terms and conditions of these Terms including, without limitation, the terms set forth in Section 1 (License Grant). Any breach of the foregoing representations and warranties entitles the DAA to seek immediately (and without notice) all remedies available at law or equity.
7. ENFORCEMENT. Each User acknowledges that any breach, threatened or actual, of these Terms, including, without limitation, violations, or infringement of the DAA’s intellectual property or proprietary rights, may cause irreparable injury to the DAA, whereby such injury would not be quantifiable in monetary damages, and the DAA would not have an adequate remedy at law. In the event of such injury or potential for such injury, each User therefore hereby agrees that the 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 a User’s obligations under any provision of these Terms.
8. ENFORCING SECURITY. Any actual or attempted use of the Properties by a User in violation of these Terms 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. The DAA reserves the right in its sole discretion to review, monitor, and/or record any information relating to a User’s utilization of the Properties (collectively, “User Information”) without any prior notice to or permission from each applicable User, including, without limitation, by archiving content and/or communications submitted to and/or sent by a User through the Properties. The DAA may share any User Information the DAA obtains from a User with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. The DAA will also disclose User Information as required by any court order and/or subpoena. In addition, the DAA hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to the Properties, or any portion thereof, in order to protect the Properties, the DAA, or the business interests of the DAA.
9. TERM AND TERMINATION. This Agreement will take effect each and every time that each User accesses and/or uses the Properties. This Agreement will terminate automatically (i) if a User fails to fully comply with all of its terms and conditions; or (ii) when a User ceases all use of the Properties in connection with each separate visit. Termination under the foregoing circumstances shall be effective without notice. In addition, the DAA may in its sole discretion terminate these Terms upon notice to a User for any or no reason. Upon termination of these Terms, all right(s) to use the Properties shall immediately cease. Sections 2-4 and 6-14 shall survive the termination of these Terms in perpetuity.
10. WAIVER & SEVERABILITY. The DAA’s failure to insist on upon strict performance of any of the terms and conditions of these Terms by a User will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then any such 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 these Terms shall continue in effect.
MISCELLANEOUS. These Terms have been agreed upon and will be construed and enforced in accordance with the laws of the District of Columbia. No joint venture, partnership, employment, or agency relationship exists between a User and the DAA as a result of these Terms or utilization of the Properties. Headings are for convenience only. These Terms represent the entire agreement between a User and the DAA with respect to use of the Properties, and hereby supersede all prior and/or contemporaneous communications and proposals, whether electronic, oral, or written between a User and the DAA with respect to the Properties. Each User may not assign or transfer any rights under these Terms without the prior express written consent of the DAA, which may be withheld in the DAA’s sole discretion. Please note that the DAA reserves in its sole discretion the right to change the terms and conditions of these Terms by posting a revised Agreement to the Properties. In addition, the DAA may in its sole discretion, add, modify, and/or delete any aspect, functionality, service, program, or other feature of the Properties. Each User hereby acknowledges and agrees that the DAA is under no obligation to upgrade, enhance, and/or modify the Properties under any circumstances. A User’s continued use of the Properties following any announced change to these Terms will be deemed to conclusively signal your acceptance of any change to these Terms. Therefore, each User should immediately stop all use of the Properties if a User does not agree any with any changes.
