“We”, “us” and “our” mean the Interactive Advertising Bureau, Inc. and we may refer to you or any individual that uses our Website as “you” or “your” or a “user.” If we use the term “IAB Entities,” in addition to us, that term means and includes our sponsors, members, affiliates, suppliers, promotional partners, operational service providers, agents and representatives.
When we use the term “Website” we mean all the individual URL or Internet address locations, sites and pages within the IAB.net domain (including all backups, mirror, replacement and substitutes). Unless otherwise noted, when we use the term “Website,” we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the “look and feel”, as well as the selection and arrangement of items, all copyrightable or otherwise legally protectible items and elements and all of the various features, functions and services in, on or associated with our Website and we will use the term “Content” when we refer to them separately.
YOU INDEMNIFY US
OWNERSHIP OF CONTENT
Except for your Content as described above, you are granted a limited license and right to use Content solely for your personal, non-commercial use, including research, constructive criticism and commentary, but under no circumstances, directly or indirectly, for any commercial purpose. You may not alter, delete or conceal any notices or legends on our Website or Content and you may not circumvent any protective, security or rights management mechanisms used in connection with our Website, including Content. When you display or make Content available you will include the following notice: "Used with permission. Further use, display or copying is prohibited.”
Your Postings are your responsibility and unless and until you notify us that you know or suspect the security of your user identification, log-in and password may have been compromised, so are Postings made by anyone else if they are using your registration, profile, user account or login identification or password and you will defend and indemnify us (See the Section entitled “You Indemnify Us”) for any such Postings. If you determine or suspect someone using your log-in identification or password, please notify us immediately at [email protected].
CONFIDENTIALITY AND COMPETITIVE GUIDELINES
When Posting or otherwise using our Website you should assume that neither your identity or any Postings you make or make available are confidential or anonymous. You should always identify yourself and your affiliation when Posting with other users and to the Website. Our discussion and bulletin boards, forums, chat and messaging capabilities and our Website resources, features, functions and capabilities were not designed, nor intended to protect the confidentiality of any Postings. As an industry association, our members may also be competitors with one another and in addition to referring to the guidelines below, we caution you against Posting anything which you or your employer or anyone considers confidential, sensitive or proprietary because you should assume it will be available to other users on our Website and generally become publicly available.
We have no obligation, nor do we verify, review for accuracy, completeness or otherwise, any Posting. We also have no obligation to monitor or continue to monitor your use of the Website or your Content, but we reserve the right to do so and to confirm and request confirmation of any information you submit to us or on our Website, at any time for any reason or no reason at all. Postings are not endorsed by us, nor do we screen them.
IAB members and other users of our Website may not collaborate on matters concerning the operation and conduct of their business, including discussions relating to prices, customers, credit terms, product development and distribution efforts. You must not, in fact or appearance, engage in Posting or otherwise use our Website, facilities or resources to discuss or exchange information about:
• Past, present or future pricing, pricing procedures, methods, policies or strategies;
• Past, present or future credit or warranty terms, discounts, rebates or other matters relating to terms or conditions of sales, licenses or services;
• Past, present or future margins or profit levels;
• Past, present or future areas of distribution;
• Past, present or future marketing strategies;
• Suppliers, competitors or customers with whom you are, will or will not be doing business;
• Products or services you will or will not or may or may not make available or offer.
While we cannot give you legal advice and you are ultimately responsible for obtaining proper legal advice and guidance from your or your company’s legal advisor and representatives, we have generally found users are permitted to discuss and be involved in discussions relating to standards-setting within the industry, general opinions and views regarding the industry and the marketplace and even how other industry participants may be affected by the presence or absence of a particular standard, so long as you do not discuss any of the prohibited topics noted above or violate any guidelines your own legal advisors may provide to you. The general rule is there should not be discussions on topics that could be construed to impose a restraint on trade or inhibit free and fair competition.
SOME GENERAL RULES OF CONDUCT
You may never use, allow or enable others to use our Website or knowingly condone use of our Website to do or attempt to:
• violate any laws, regulations, judicial or governmental order, treaties or our 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 our or their employees and agents;
• use our Website for Posting 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 our Website;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Website or the rights or use and enjoyment of our 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 our 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.
On notice, we will act expeditiously to remove Content that infringes the copyright rights of others and we will use reasonable efforts to disable use of our Website by anyone who repeatedly infringes the rights of others. If you believe our Website contains elements that infringe any copyright of yours or anyone else’s, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.
LIMITATION OF LIABILITY
OUR 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 OUR WEBSITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR WEBSITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR WEBSITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE 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 OUR WEBSITE.
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, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
WE HAVE THE RIGHT TO TERMINATE
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 our Designated Agent.
THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US 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.
WE CAUTION 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 OUR 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:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) 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.);
(4) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
(5) Your name, address, telephone number, and e-mail address;
(6) 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
(7) 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.