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Privacy Center / Terms Of Use
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Better Advertising Terms Of Use
Last modified: December 2, 2009
Welcome to The Better Advertising Project, Inc. (“Better Advertising”) website —www.betteradvertising.com and our corporate blog located at blog.betteradvertising.com (the “Better Advertising Website” or “Website”). Our goal is our name—to make “better advertising.” This page explains to you the following:
• The terms under which we make available this website and our blog;
• The rules that protect our intellectual property and our expectations regarding your intellectual property and respect for others’ intellectual property;
• What we require of users of our website and blog – especially if you participate on the blog – which we encourage and welcome you to do;
• Our philosophy for the website and blog. In a nutshell, what’s yours is yours, what’s ours is ours, be respectful and follow the rules, understand that we cannot be responsible for what you do or what others do on the Internet especially if it isn’t on our website and blog;
• The content you find here is offered “as is” which means you use our website at your own risk; and finally
• We may discontinue our blog or the website (or portions of either) at any time.
Please read these terms carefully for additional details. You should understand that these Terms of Use (the “Terms”) create a legal contract between you and Better Advertising regarding your use of the Better Advertising Website. Throughout these Terms, “Better Advertising” and “We” refers to The Better Advertising Project, Inc. and its affiliates. “You” or “Users” refers to you and all users who visit, use, post to or otherwise access the Better Advertising Website including those who act on behalf of a business or other entity.
BY REGISTERING AND/OR USING THE BETTER ADVERTISING WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.
1. Eligibility
You represent that you are 18 years of age or older and are fully able and competent to enter into a contract and otherwise abide by these Terms.
2. Privacy Policy
Better Advertising understands that privacy is important. When you provide personal information to Better Advertising through our Website, you expressly consent to the information handling practices described in the Better Advertising Privacy Policy, which is incorporated into and is subject to the Terms.
3. Modification of the Terms
Better Advertising reserves the right to change these Terms at any time without notice to you other than through posting such modified Terms on the Better Advertising Website. Please check these Terms periodically for changes. Your continued use of our Website after the posting of changes means you agree to these changes.
4. Better Advertising Website Access
Better Advertising grants you permission to use the Better Advertising Website as set forth in these Terms, provided that:
(1) you use the Better Advertising Website solely for your personal, private, and noncommercial use;
(2) you do not copy, publicly display, or distribute any part of the Better Advertising Website in any medium without Better Advertising’s prior written authorization;
(3) you do not alter or modify any part of the Better Advertising Website other than as may be reasonably necessary to use the Better Advertising Website for its intended purposes;
(4) you do not engage in any of the prohibited uses described below; and
(5) you will otherwise fully comply with these Terms and any and all applicable laws.
Better Advertising’s Website is controlled and offered by Better Advertising in the United States of America. Better Advertising makes no representations that the Better Advertising Website is appropriate or available for use in other locations. Those who access or use the Better Advertising Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
5. Ownership; Proprietary Rights
The Better Advertising Website is owned or otherwise used with permission and operated by The Better Advertising Project, Inc. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Better Advertising Website that are provided by Better Advertising (“Better Advertising Materials”) are protected by United States and all other relevant and applicable intellectual property and proprietary rights. Better Advertising Materials do not include User Submissions (defined below) or any other content owned by and submitted by Users, to the extent permitted, either now or in the future. All Better Advertising Materials contained on our Website or websites controlled by Better Advertising are the property of Better Advertising or otherwise used with permission. All trademarks, service marks, and trade names contained in the Better Advertising Materials or on the Better Advertising Website are proprietary to Better Advertising or its affiliates and/or third-party licensors. Except as expressly authorized by Better Advertising, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Better Advertising Materials. Better Advertising reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Better Advertising Materials, except for the limited rights set forth in these Terms.
6. User Submissions
6.1 General. The Better Advertising Website may now or in the future permit the submission and posting or linking of media, commentary, or any other content (including Audio Content) submitted by you and other users (“User Submissions”), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by Better Advertising. Better Advertising makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. Better Advertising may remove any User Submissions from the Better Advertising Website at any time in its sole discretion. You understand that whether or not User Submissions are published, Better Advertising does not guarantee any confidentiality with respect to any User Submissions.
6.2 Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Better Advertising Website, you grant Better Advertising and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions in connection with the Better Advertising Website and Better Advertising’s (and its successor’s) business in any media formats and through any media channels now known or hereafter discovered. You grant Better Advertising and its affiliates and sublicensees the right to use the name that you submit in connection with a User Submission. You irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Submissions. You also grant to each user of the Better Advertising Website a non-exclusive license to access your User Submissions through the Better Advertising Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions as permitted by the functionality of the Better Advertising Website and these Terms.
6.3 User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
(a) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Better Advertising to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Better Advertising and these Terms, and to grant the rights and license set forth above; and
(b) your User Submissions, Better Advertising’s use of such User Submissions pursuant to these Terms, and Better Advertising’s exercise of the license rights set forth above, do not and will not:
(i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or
(iii) violate any applicable law or regulation.
6.4 User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not:
(a) publish falsehoods or misrepresentations that could damage Better Advertising or any third party;
(b) intentionally misidentify the identifying information of User Submissions;
(c) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate;
(d) post advertisements or solicitations of business;
(e) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
(f) post User Submissions that would be harmful to minors in any manner.
7. Content Disclaimer
You understand that when using the Better Advertising Website, you may be exposed to User Submissions and other content (such User Submissions and other content, collectively, “Content”) from a variety of sources, and that Better Advertising is not responsible for such Content. You further understand and acknowledge that you may be exposed to Content that is objectionable to you or others, and waive any rights or claims you may have against Better Advertising. Better Advertising does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed in such content. Under no circumstances will Better Advertising be liable in any way for any User Submissions or other Content.
8. Monitoring Users and Content
You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Better Advertising, are entirely responsible for all User Submissions that you make available through the Better Advertising Website. Better Advertising does not control the Content posted by Users and does not have any obligation to monitor such Content. If at any time, Better Advertising chooses to monitor Content, Better Advertising assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Better Advertising and its designees may, at any time and without prior notice, remove any Content that in the sole judgment of Better Advertising violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Content.
9. Prohibited Uses
9.1 No Prohibited or Unlawful Uses. As a condition of your use of the Better Advertising Website, you will not use the Better Advertising Website for any purpose that is unlawful or prohibited by these Terms. Access to the Better Advertising Materials and the Better Advertising Website from territories where their access or use thereof is illegal is strictly prohibited. Better Advertising Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy.
9.2 No Commercial Use. Any use by you of any of the Better Advertising Materials and Better Advertising Website other than for private, non-commercial use is strictly prohibited without the express, written consent of Better Advertising. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Better Advertising Website, use of the Better Advertising Website, access to the Better Advertising Website, or Content obtained through the Better Advertising Website, for any purpose other than for your personal, private, non-commercial purposes unless you have received prior approval from Better Advertising.
9.3 No Harassment or Unauthorized Data Collection. You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Better Advertising Website, or collect, or attempt to collect, personal information about Users or third parties without their consent.
9.4 No Malware and Quiet Enjoyment. You agree not to intentionally interfere with or damage, impair or disable the operation of the Better Advertising Website or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
9.5 No Rights or Copyright Circumvention. You agree not to remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Better Advertising Website, features that prevent or restrict the use or copying of any content accessible through the Better Advertising Website, or features that enforce limitations on the use of the Better Advertising Website.
9.6 No Unauthorized Access. You agree not to attempt to gain unauthorized access to the Better Advertising Website, or any part of it, other accounts, computer systems, or networks connected to the Better Advertising Website, or any part of it, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Better Advertising Website or any activities conducted on the Better Advertising ebsite.
9.7 No Modifications of the Website. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Better Advertising Website. You agree neither to modify the Better Advertising Website in any manner or form, nor to use modified versions of the Better Advertising Website, including, without limitation, for the purpose of obtaining unauthorized access to the Better Advertising Website.
9.8 No Scraping. You agree that you will not use any robot, spider, scraper, or other automated means to access the Better Advertising Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Better Advertising Website.
9.9 No Framing or Other Misappropriation. You agree not to utilize framing techniques to enclose any trademark, logo, or other Better Advertising Materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Better Advertising’s name or trademarks without our express written consent.
9.11 No Improper Linking. You will promptly remove any links that Better Advertising finds objectionable in its sole discretion. You agree not to use any Better Advertising logos, graphics, or trademarks as part of the link without our express written consent.
9.11 No Spam. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Better Advertising Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
9.12 No Reverse Engineering. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Better Advertising Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
9.13 No Modifications or Derivatives. You agree not to modify, adapt, translate, or create derivative works based upon the Better Advertising Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
10. Account Information
In order to access some features of the Better Advertising Website, you may be required to create an account. You agree that the information you provide to Better Advertising upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent, and agree that Better Advertising may access, preserve, and disclose your account information and User Submission if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms; (3) respond to a claim that any User Submission violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of Better Advertising, its users, and the public.
11. Password
When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Better Advertising. You may be liable for the losses incurred by Better Advertising or others due to any unauthorized use of your account.
12. Links and Third-Party Content
Better Advertising or third parties may provide links on the Better Advertising Website to other sites or content over which Better Advertising has no control (“Reference Sites”). ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISKYou should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
13. Availability of Service
Better Advertising may make changes to or discontinue any of the products, services, or functionalities of the Better Advertising Website at any time, and without notice. You agree that any changes to or discontinuation of the Better Advertising Website by Better Advertising will be without liability to you, even if such changes or discontinuation results in your loss of access to or use of User Submissions, Better Advertising Materials, or any other Content.
14. User Disagreements
You are solely responsible for your involvement with other Users.
15. Terms of Use Violations; Termination
15.1 Better Advertising. You agree that Better Advertising, in its sole discretion and for any or no reason, may terminate any User or customer account (or any part thereof) you may have on the Better Advertising Website or your use of the Better Advertising Website, and remove and discard all or any part of your account or any User Submission, at any time. Better Advertising does not permit infringing activities on the Better Advertising Website, and reserves the right to terminate access to the Better Advertising Website, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Better Advertising may have.
15.2 User. If you are dissatisfied with the Better Advertising Website, please let us know by electronic mailing us at feedback@BetterAdvertising.com. Your input is valuable to us. You may terminate these Terms at any time by closing your account, discontinuing your use of any and all parts of the Better Advertising Website, and providing Better Advertising notice of termination by e-mailing us at accounts@BetterAdvertising.com.
16. Indemnification; Hold Harmless
You agree to indemnify and hold harmless Better Advertising, and its parent, subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), its suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt, and expenses (including attorney’s fees) arising out of: (1) your use or misuse of the Better Advertising Website; (2) your User Submissions, including Better Advertising’s use, display or other exercise of its license rights granted herein with respect to your User Submissions; (3) your violation of these Terms; (4) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third-party intellectual property rights; and (5) your breach of the foregoing representations, warranties, and covenants. Better Advertising reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Better Advertising. Better Advertising will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
17. Disclaimers; No Warranties
17.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BETTER ADVERTISING, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BETTER ADVERTISING OR THROUGH THE BETTER ADVERTISING WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 19, THE TERM BETTER ADVERTISING INCLUDES BETTER ADVERTISING’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES, AND SUBCONTRACTORS.
17.2 “As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT THE USE OF THE BETTER ADVERTISING WEBSITE IS AT YOUR SOLE RISK. THE BETTER ADVERTISING WEBSITE, USER SUBMISSIONS, AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE BETTER ADVERTISING WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
17.3 Website Operation and Content. BETTER ADVERTISING, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE BETTER ADVERTISING MATERIALS, USER SUBMISSIONS, BETTER ADVERTISING WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE BETTER ADVERTISING WEBSITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
17.4 Accuracy. BETTER ADVERTISING, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BETTER ADVERTISING WEBSITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
17.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE BETTER ADVERTISING WEBSITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
18. Limitation of Liability and Damages
18.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BETTER ADVERTISING OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE ANY USER SUBMISSIONS OR ANY REFERENCE SITES, THE BETTER ADVERTISING WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH BETTER ADVERTISING, EVEN IF BETTER ADVERTISING OR A BETTER ADVERTISING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2 Limitation of Damages. IN NO EVENT SHALL BETTER ADVERTISING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE BETTER ADVERTISING WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID BETTER ADVERTISING IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
19. Limitations by Applicable Law; Basis of the Bargain
19.1 Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
19.2 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT BETTER ADVERTISING HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BETTER ADVERTISING, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BETTER ADVERTISING. YOU ACKNOWLEDGE AND AGREE THAT BETTER ADVERTISING WOULD NOT BE ABLE TO PROVIDE THE BETTER ADVERTISING WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
20. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof, and you believe that content appearing on the Better Advertising Website infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Better Advertising’s Designated Copyright Agent with the following information in writing:
• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Better Advertising Website are covered by a single notification, a representative list of such works on the Better Advertising Website;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Better Advertising to locate the material;
• information reasonably sufficient to permit Better Advertising to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
Please consult your legal counsel or see 17 U.S.C. § 512 to confirm these requirements.
Better Advertising does not permit copyright infringing activities and infringement of intellectual property rights on the Better Advertising Website, and Better Advertising will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. It is Better Advertising’s policy to respond promptly to notices of alleged infringement that comply with the DMCA. In addition, Better Advertising will promptly terminate without notice the accounts of Users that are determined by Better Advertising to be “repeat infringers.” A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
Better Advertising’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
The Better Advertising Project, Inc.
Attention: Copyright Agent
c/o Warburg Pincus
450 Lexington Ave
New York, NY 10017
or by electronic mail at copyright@BetterAdvertising.com. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to Better Advertising customer service through support@BetterAdvertising.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
21. Miscellaneous
21.1 Notice. Better Advertising may provide you with notices, including those regarding changes to Better Advertising’s terms and conditions, by postings on the Better Advertising Website, via electronic mail, or by U.S. Mail. Notice sent via e-mail will be deemed given twenty-four hours after such e-mail is sent, unless Better Advertising is notified that the electronic mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Better Advertising Website. In such case, notice will be deemed given three days after the date of mailing.
21.2 Dispute Resolution, Choice of Law and Forum. If a dispute arises between you and Better Advertising, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Better Advertising agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or the Better Advertising Website (a “Claim”) in accordance with one of the subsections below or as Better Advertising and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. The Terms shall be governed in all respects by the laws of the State of New York You agree that any claim or dispute you may have against Better Advertising must be resolved by a federal or state court located in New York, New York. You agree to submit to the personal jurisdiction of the courts located within New York for the purpose of litigating all such claims or disputes and covenant not to sue in any other jurisdiction and covenant not to sue us in any other forum.
21.3 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Better Advertising to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
21.4 Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
21.5 Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned, in whole or in part, by Better Advertising without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
21.6 No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Better Advertising as a result of these Terms or use of the Better Advertising Website. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Better Advertising other than pursuant to these Terms.
21.7 Survival. Notwithstanding the expiration or termination of these Terms, it is acknowledged that those rights and obligations that by their nature are intended to survive such expiration or earlier termination will survive, including, without limitation, the following provisions: Section 5 (“Ownership; Proprietary Rights”), Section 6 (“User Submissions”), Section 11 (“Password”), Section 16 (“Indemnification; Hold Harmless”), Section 17 (“Disclaimers; No Warranties”), Section 18 (“Limitation of Liability and Damages”), Section 19 (“Limitations by Applicable Law; Basis of the Bargain”), and Section 21 (“Miscellaneous”).
21.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
21.9 Entire Agreement. This is the entire agreement between you and Better Advertising relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Better Advertising as set forth in Section 4 above.
21.10 Disclosures. The services hereunder are offered by Better Advertising, Inc., located at 450 Lexington Avenue, New York, NY 10017. You may contact us at this address or by electronic mail at support@BetterAdvertising.com. If you are a California resident, you may have this same information electronically mailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information. |
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