These Terms of Use were last modified and is effective as of April 16, 2010
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY, AND THE OTHER
TERMS AND CONDITIONS REFERRED TO BELOW, DESCRIBE YOUR RIGHTS AND
RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US
REGARDING YOUR USE OF OUR WEBSITE.
IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS
AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR
WEBSITES, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND
CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
These terms and conditions are our "Terms of Use" and represent a
legally binding agreement between you and us regarding your use of our
Websites. These Terms of Use, however, are not the only terms and conditions
that apply to you and your legal agreement with us includes our Privacy Policy
and other terms and conditions that we refer to in these Terms of Use or our
Privacy Policy or those that we disclose or notify you when you use or attempt
to use some of the features and functions that may be available to you as a
user of any of our Websites ("Additional Terms"). Our Websites
include all web pages within the Website and also include backup, mirror,
replacement or substitute sites or pages we make available as part of the services
we provide. We will refer to each and every feature, function, service,
activity, promotion and content on our Websites, individually and/or
collectively as "Content" and when we use the term
"Website" it also included Content unless we specifically say
otherwise.
SAMHSA, its suppliers and agencies may also be referred to individually and/or
collectively as "we", "us" or "our" and we will
refer to users of our Websites, our features, functions and services
individually and/or collectively as "users", "you" or
"your" to make reading these materials easier.
When you see the word "use" or "using" we mean any time
you, directly or indirectly, with or without the help of any device, attempt to
or actually do access, interact, display, view, browse, print or copy, transmit,
receive or exchange data, messages, content or you otherwise communicate with
us or anyone else, including another user, advertiser or any person, firm or
business you may encounter. We will also consider you to be using our Website
if you utilize, benefit, take advantage of or interact with any feature,
function, service, activity, promotion or content in, on or available through
any of our Websites, for any purpose, or if you try to do any of these things.
If you use any of our Websites you are acknowledging you have read and
understand the legal agreement you have with us, including these Terms of Use,
our Privacy Policy and any Additional Terms and that unless you immediately
stop using or trying to use all of our Websites, you will be signifying your
agreement to be legally bound by and comply with all of the terms and
conditions that apply to you under these Terms of Use.
WE CAN CHANGE OUR WEBSITES AND OUR TERMS OF USE
We reserve the right, at any time and from time to time, for any reason in our
sole discretion, to add to, delete or modify any or all the terms of the Terms
of Use that apply to you, as well as any of our Websites and/or any Content. We
will post or display a notice of material changes to any of our Terms of Use on
any and all Websites affected by the change and once we post them, these
changes on the effective date specified. If you use any of the affected
Websites after the changes become effective, it means you are agreeing to be
bound by the changes. You should check on a regular and frequent basis and
review the terms and conditions that apply to you so you are aware of the
current rights and obligations that apply to you.
PRIVACY
We respect your privacy. Our Privacy Policy is incorporated into and forms a
part of these Terms of Use and part of our agreement with you. Read it
carefully since it describes, among other things, how we collect and use
information we obtain when you use our Websites.
WHO OWNS THE INTELLECTUAL PROPERTY AND OTHER CONTENT RIGHTS
Each of our Websites and, except as described below, all Content, is either our
property or the property of our affiliates, licensors, suppliers, operational
service providers, advertisers, agencies or promotional partners, and are
legally protected, without limitation, under U.S. federal and state laws and
regulations, as well as applicable foreign laws, regulations and treaties. To
avoid any doubt, when we use "Content" it includes, but isn't limited
to, such things as software, code, design, text, images, photographs,
illustrations, animations, audio, video and audio-visual material, art, graphic
material, proprietary information, data, databases, service marks, trademarks,
trade names, distinctive identification such as logos, the selection, sequence,
'look and feel' and arrangement of items and all copyrightable or otherwise
legally protectible elements of any and all of our Websites.
You keep ownership to any and all Content that is yours and if you submit or
provide Content, these Terms of Use do not deprive you or any holder of your or
their rights. However, when you do submit or provide Content to us or any of
our Websites, you are giving us an unconditional, irrevocable, transferable,
royalty free worldwide license to use, display, reproduce, perform, adapt, translate,
modify, create derivative works, publish, distribute, disseminate and/or
broadcast that Content ("license") and you are representing and
warranting to us you have the right to give us such license. If you do not have
the right to license Content to us (or if you are not sure), do not submit or
provide Content to us.
You may only use our Content and Content of other users for your own personal
use and you have no right to transfer, assign or use the Content for any other
purpose or allow or enable anyone else to do so. Personal use means nothing
commercial or even charitable, whether or not money or other compensation or
consideration is involved and whether or not it is for your benefit or for
someone else. This also means you are not allowed to use, display, reproduce,
perform, adapt, translate, modify, create derivative works, publish,
distribute, disseminate and/or broadcast Content that is not yours without our
express prior written consent. You may not alter, delete or conceal copyright
or other notices, even if we let you download, display, print or share the
Content with others. Unauthorized or prohibited use of Content may subject you
to civil liability, criminal prosecution, or both under federal, state and
local laws.
LINKS TO OTHER SITES
If you see or use any links or conduits on our Websites which allow you to
browse, redirect or visit any other websites, web pages or other internet or
web-based locations, that does not mean we are associated with or have
endorsed, reviewed or even know anything about that site or page and we have no
obligation, responsibility or liability to you or anyone else if you go to
another web site, page or address outside our Websites, even if a link on our
site allowed you to do so. When you leave our Websites, you should inquire and
confirm from them the terms and conditions, privacy and other policies that
apply to you since we neither control, nor have any responsibility for any
third party sites, their practices or anything associated with their operations.
In fact, even if another web site or web page has our name, logo or other
identification normally associated with us, it may or may not be authorized and
you should not assume it is our Website, unless it actually says so and the
terms of use that apply to you are these Terms of Use.
ANY LIABILITY WE MAY HAVE IS LIMITED
OUR WEBSITES AND ALL CONTENT ARE MADE AVAILABLE "AS IS" AND "AS
AVAILABLE", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, OR ANY GUARANTY OR ASSURANCE ANY WEBSITE OR CONTENT WILL BE AVAILABLE
FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT
ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE
SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE
MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY
USING ANY OF OUR WEBSITES OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT
MAY ARISE OR BE ASSOCIATED WITH THAT USE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS,
EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM LIABILITY FOR ANY AND
ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION
WITH OR ARISING FROM OUR WEBSITES, CONTENT, THESE TERMS OF USE AND/OR YOUR OR
ANYONE ELSE'S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES,
REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF
DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED
TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT
SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME
JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON
DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU ARE INDEMNIFYING US OF YOUR BREACH
You shall defend us against any demands, claims or actions brought against us
or arising as a result of any breach or violation of these Terms of Use by you
("Claim") and you shall indemnify and hold us harmless from and
against any and all losses, damages, costs and expenses (including attorneys'
fees) resulting from any such Claim. We have the right, at our expense, to
assume exclusive defense against any Claim and all negotiations for settlement
and you agree to cooperate with us in the defense of any such Claim, at our
request.
WHAT LAW APPLIES?
Our Terms of Use shall be construed and enforced under the 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 specifically agree and
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
our Terms of Use. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR
OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE
SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER
POSSESS TO A TRIAL BY JURY.
MISCELLANEOUS
Our Terms of Use, together with our Privacy Policy and any Additional Terms
that apply to you are incorporated by reference and are part of our Terms of
Use as if they were right here. Our Terms of Use is the entire agreement you
have with us regarding our Websites, Content and other subject matter set forth
herein and supersedes any and all prior or inconsistent understandings that may
apply to the subject matter.
If, for any reason, we believe, have reason to believe, suspect or are notified
of any act, omission or circumstances which may or could compromise or endanger
the health, well being or safety of any person, cause or lead to damage to
persons or property (tangible or intangible), adversely affects, infringes upon
or misappropriates the rights of others, harasses or interferes with any other
user or person, firm or enterprise, interferes with or bypasses our security or
other protective measures applicable to our systems, networks and
communications capabilities, breaches or violates our Terms of Use, including
our Privacy Policy, any Additional Terms, our Websites, Content or violates any
law or regulation, we have the right, reserving cumulatively all other rights
and remedies available to us at law, in equity and under our agreement with
you, to report and provide information to any and all regulatory and law
enforcement authorities and agencies and take any action permitted by law.
Our Terms of Use can only be modified by us as described above or by mutual
written agreement, signed by an authorized representative of ours. The
illegality, invalidity or unenforceability of any term or condition is
severable and shall not affect the rest of the Terms of Use. Headings are
purely for reference and shall not affect the meaning of any term or condition.
Any provision which must survive to allow us to enforce its meaning shall
survive termination; however, no claim or action relating in any way to this
Terms of Use, including our Privacy Policy, any Additional Terms, our Websites,
Content or otherwise with respect to the subject matter, regardless of form or
the basis of the claim, may be brought by you more than one (1) year after the
cause of action has arisen (or if multiple causes, from the date the first such
cause of action arose).
ADDITIONAL TERMS User Generated Content
These Additional Terms form a part of our Terms of Use and apply to Posting of
UGC (as defined below) using our Websites.
USER GENERATED CONTENT
While we defined "Post" and "Posting" broadly enough so
that it includes Content that is generated, developed, created and uploaded or
submitted to our Websites by you or by someone under your User ID, but since it
has taken on great importance as part of the Posting environment, there are
some additional provisions that apply to Content that you create and which is
contained in distinct or separate files that can be Posted by uploading or
transmitting them to our Website or to other users through Posting or other
facilities we provide and we will refer to that type of Content as
"UGC" which stands for user generated Content.
YOU GIVE US SOME RIGHTS, BUT UGC IS YOUR RESPONSIBILITY
We don't claim ownership of or undertake responsibility or liability for UGC,
but we obtain certain rights when you Post UGC. When you Post UGC you grant us
an irrevocable, unconditional, worldwide, royalty-free right and license to
use, distribute, modify, adapt and publicly display the UGC you Post, on or in
connection with our Websites and we can use it to create compilations,
adaptations and derivative works. You also understand and agree that others,
other users and third parties, may be able to obtain copies of UGC you Post and
that we cannot and do not control them or what they may do or attempt to do
with UGC you Post. Consequently, we cannot and do not accept or have any liability
or obligations to you with respect to any UGC you Post and you do so at your
own risk.
We do, of course, expect all our users to respect the rights of others and if
you believe your or anyone else's rights are being violated or infringed upon
or someone is not complying with our Terms of Use or is violating the
law, you should notify us immediately. To report alleged copyright infringement
in the United States only, please go to the Section entitled Notice and
Procedure for Making Claims of Copyright Infringement included in the
Additional Terms Posting, that are part of our Terms of Use and follow
the instructions. Subject to compliance with our legal and regulatory
obligations, we reserve the right to take or refrain from taking any action
available to us.
ADDITIONAL TERMS - REGISTERING FOR OUR WEBSITES
These Additional Terms form a part of our Terms of Use and apply to Websites
that allow or require you to register in order to use certain features and
functions, participate in certain activities or promotions or access, receive
certain information or communications, exchange information and/or otherwise
take advantage of certain Content we may available only to Registered Users
(individually and/or collectively, our "Services"). Whenever we use the
term Website or Websites we also mean, are referring to and include any and all
Services available from that Website. Terms not otherwise defined below have
the meaning described in our Terms of Use.
REGISTERING FOR OUR WEBSITES
In order to obtain Services from most of our Websites, you will need to enroll
on or with that Website through a registration process. You will be required to
provide us with certain information about you during the registration process
and in order to allow us to give you access to Services generally not available
to others, you will also be required to choose a user name and password (or we
may assign an initial password, which we will give you the option to change
after you register). Once we confirm we have received all the information
required for registration we will confirm that you have become a
"Registered User" of that Website and you will need to log in to that
Website using your unique user name and password combination which we will
refer to as your User ID.
Unless we indicate otherwise during the registration process for any particular
Website, you must live in the United States and be at least 13 years old to use
the Services associated with that particular Website. If you are at least 13
years old, but you are not yet considered an adult where you live (generally
age 18) you can only enroll and become a Registered User if you get consent
from your parent or legal guardian ("parent"). If you are under 13
you may not enroll, register, become a Registered User or use our Services at
all, unless the Website allows such registration AND we obtain verifiable
consent from your parent in advance (see our Privacy Policy).
KEEPING YOUR PASSWORD SAFE
Your User ID is personal and you must keep it strictly confidential. Don't give
it to anyone or allow others to use it because you are solely responsible for
anything and everything that can be connected to, associated with or traced to
your User ID, including, without limitation, any and all fees, costs and
charges, liability and damages. You agree to immediately notify us if you
become aware or believe there is or may have been any unauthorized use of your
user name or password or any other need to deactivate your User ID due to
security concerns. You, not us, are solely responsible and liable for the use
of your User ID by you or anyone else and you will defend and indemnify us as
described in the section of our Terms of Use entitled "You Are
Indemnifying Us" for any damage or harm resulting from your User ID.
TERMINATION OF YOUR REGISTRATION
You can terminate your registration on any of our Websites by following the
instructions we provide on that Website, subject to any particular obligations
you previously agreed to and which have not yet been fully performed, fulfilled
or completed. We may terminate your use of and registration on any of our
Websites, at any time without any liability or further obligation of any kind
whatsoever to you or any other party.
ADDITIONAL TERMS - POSTING
Our Websites may provide Registered Users with an opportunity to submit,
provide, furnish, transmit, make available, exchange, communicate, share and/or
display Content to us and/or to other users (referred to as a "Post"
or "Posting"). Sometimes we provide specific areas on our Websites where
you can Post information about yourself and others, communicate or upload
Content such as photographs or audio-visual works. Posting includes not just
Content in the form of files or material you upload to our Websites, but also
any messages or information you may send in the form of emails, text, SMS, and
instant messages (IM), comments, advice, opinions and ideas, as well as
information available as a result of your participation in chat rooms, forums
and similar areas of our Websites where you may be exchanging information and
communicating with others. You should understand we intend the terms
"Post" and "Posting" and any variations of these words to
be construed as broadly as possible and when we use the term "Content"
it includes all of these things and anything else you might Post.
You acknowledge and agree when you Post something, it enters the public domain
without reservation of any rights by you or control over its subsequent use.
Postings are not only viewable publicly, but others may collect and use what
you Post. For example, if you Post your telephone number or your email address,
you may receive unwanted calls or unsolicited messages. You agree you will not
Post Content that is subject to any copyright, trademark or other intellectual
property protections or proprietary rights, including any rights of
confidentiality, privacy or publicity, unless you are the owner of such rights
or a licensee or authorized agent with permission from the owner to make such
Post. Each time you Post, you are representing to us that the Content you Post
is in compliance with the preceding sentence and that the act of Posting, as
well as the Content you Post, is not in violation of any laws or regulations or
any obligations or agreements you may have, including our Terms of Use.
WE CAN USE YOUR POSTINGS
You authorize us to use your Post, in whole or in part, throughout the
universe, in perpetuity in or on any and all media, now known or hereafter
discovered or developed, alone or together, in compilations or combinations, as
part of other Content of any kind or nature and in any manner of our choosing,
without notice or attribution. You have no right to require and we have no
obligation to pay any fees, charges or royalties for our use or exploitation of
your Post and we reserve the right to delete your Posting at any time and in
any manner we choose.
DON'T POST PERSONAL INFORMATION
You should never Post Personal Information because, as we note above, anything
you Post or that is Posted through the use of your User ID (e.g., if you allow
others to use your User ID or you fail to protect the confidentiality of your
User ID) may be seen and obtained by others and is or may become publicly
available. Postings on our Websites may appear on other websites or when someone
uses search technology looking for subjects related to or about a Posting.
Never assume what you Post will be kept confidential or that other users or
third parties will not be able to see or obtain access to your Posts. Neither
you nor we can control who may see or obtain Posts. Nor do we control or know
what they may do with Postings or for what purpose they may be used. While we
ask you not to Post or share Personal Information, if you decide to do so
anyway, we urge you to exercise discretion and caution, because you should
always assume Personal Information you Post is and will become publicly
available and you Post Personal Information at your own risk.
We should also point out that no communications, especially those over the
Internet and using the facilities of the World Wide Web, including our
Websites, can be guaranteed to be secure, and at the risk of repetition, you
should assume any Personal Information you share, whether by Posting or
otherwise, may be seen and read (and possibly used) by others who you do not
know and you do not intend to have it or use it.
BE HONEST, BUT BE CAREFUL
When Posting, you must provide accurate and truthful information about yourself
and avoid, being deceitful or Posting false or misleading information, expressly
or by implication or omission. If information you previously Posted becomes
outdated or changes, it's up to you to promptly correct the Post or Post a
correction, to avoid misleading or being deceptive to others on our Websites.
PROTECT YOUR USER ID
Postings made with your User ID are your responsibility, even if Postings are
made by someone else. Your User ID is the way you are identified online and if
someone else is using your User ID they may have access to information that you
didn't intend to publicly share, they may be able to make changes and take
actions that appear to be you whether you authorized them or not. If you know
or suspect someone else is using your User ID or the security of your User ID
may have been compromised, you must notify us immediately at 2gether@adcouncil.org because unless and until we receive notice from
you, you are responsible for Postings made with your User ID and you will
defend and indemnify us (See the Section of our Terms of Use entitled "You
Are Indemnifying Us") for any such Postings.
WE AREN'T RESPONSIBLE FOR YOUR POSTINGS
We aren't responsible, liable or accountable for Posts. We generally don't
control, monitor, screen or edit user Posts, although we reserve the right to
do so and we may start, stop or decide to do so, for a particular reason or for
no reason at all, at any time and from time to time in our sole discretion,
without notice. We don't endorse or support any particular opinion,
recommendation, information, advice or anything contained in or that might be
inferred from a Post. We certainly cannot and do not vouch for or guarantee the
accuracy, validity, integrity or quality of any Posting and we cannot ensure
that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or
otherwise objectionable Postings will not appear on our Websites. By providing
you and others with the ability to Post, our Websites are passive conduits and
we neither undertake nor accept any obligation or liability relating to any
Posting or the activities of users.
Don't send us or Post any original creative ideas, suggestions, information,
materials or content of any kind that you wish to maintain as proprietary or
confidential, because once you Post or send us anything, subject, of course to
our Privacy Policy, we otherwise have an unrestricted right to use it and do
anything with it, in any way and for any purpose, without obligation or
restriction at all and we have no obligation to pay you or notify you or let
anyone know we got it from you.
USERS CAN DISAGREE
Even though our Websites allow you to interact, even if we have the capability
to monitor your dealings with others; even if we find out about a dispute you
are having with another user or third party, you are solely responsible for
your interactions with others. We have no responsibility to monitor, resolve or
get involved in any dispute or disagreement you have and although we reserve
the right to do so, we don't undertake or accept any liability, whether we do
or not.
DON'T RELY ON POSTED CONTENT
Content that is Posted on our Websites can never replace or substitute for
professional financial, medical, legal or other advice from those you know and
trust. While we don't assume our users intentionally Post inaccurate, false or
misleading Content, neither we nor you can ever check the qualifications of
those who Post, nor is there any way to know if Postings are made for
entertainment or other purposes. Certainly, no online user could ever possibly
Post Content relevant to your own personal circumstances or situation and you
should never rely on any Postings in making decisions or taking or failing to
take specific actions, especially those that could have an effect on you or
anyone else. If you have specific concerns or circumstances arise in which you
need professional financial, medical or other guidance and advice, you should
always consult with a trained and qualified specialist.
TERMINATION OF YOUR RIGHTS
If your Posting violates your agreement with us, including our Terms of Use,
these or any other Additional Terms that apply, we can take any action
permitted under these Terms of Use, at law or in equity. For example, we can:
(i) refuse to allow you to Post; (ii) delete or modify your Postings; (iii)
revoke your right to use our Websites; and/or (iv) use any technological,
legal, operational or other means available to enforce our rights.
GENERAL RULES THAT APPLY TO POSTING
You may never yourself, Post or use, allow or enable others to Post, use our
Websites or knowingly condone use of our Websites to do or attempt to:
COPYRIGHT INFRINGEMENT
If you
believe that any Posting (or any Content on our Website) contains elements that
infringe any copyright of yours or anyone else's, we will act expeditiously to
remove infringing Content when we receive notice, as described below, and we
will use reasonable efforts to disable use of our Website by anyone who
repeatedly infringes the rights of others. To notify us if you believe
infringing Content is Posted on our Websites, please follow the procedures set
forth below in our Notice and Procedure for Making Claims of Copyright
Infringement.
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):
Webmaster
The Advertising Council, Inc.
815 Second Ave., 9th Floor
New York, NY 10017
Contact Information of Designated Agent to Which Notification Should be Sent:
Facsimile Number of Designated Agent: 212-922-1676 212-922-1676
E-mail Address of Designated Agent: webmaster@AdCouncil.org
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of
Claimed Infringement must include the following:
POSTING GUIDELINES TO CONSIDER
DON'T BELIEVE EVERYTHING YOU SEE, HEAR OR READ
Opinions, advice, statements, offers and information are solely those of the
authors or originators and you should NOT rely on them as accurate or truthful
we certainly don't endorse them or have any responsibility for them. We don't
check Postings and there is no way for you to know (and you may never know) if
Postings are for entertainment, information or otherwise.
IF YOU DON'T WANT THE WORLD TO KNOW, KEEP IT TO YOURSELF
Assume everything you Post will be seen by everyone on or off our Websites.
If there is information you wouldn't share with strangers or that might
embarrass you or others, don't Post it.
BE CAREFUL JOINING A COMMUNITY, CHAT ROOM OR FORUM
Appearances can be deceiving, especially online. Things are not always what
they seem and users may not always be who they say they are.
DON'T LIE
Be truthful when you Post, but be wary of Postings from others. We want and
hope everyone avoids being deceitful, but not everyone plays by the rules.
IF A POSTING IS OFFENSIVE, SAY SOMETHING
Always report offensive, harassing or other inappropriate Postings. If someone
or something is making you uncomfortable in your interactions, report it immediately.
Don't assume someone else will.
DON'T POST PERSONAL INFORMATION; CONSIDER ANONYMOUS EMAIL
Don't Post your real name, address, phone numbers or any personally
identifiable information anything that makes it easy for someone you don't
know (or who you may not want to know) to find you. For an added measure of
safety, consider using a separate, anonymous e-mail address (which you can get
from many third parties) specifically for Posting and interacting with others
on our Websites, rather than using your personal e-mail or account.
YOUR BEHAVIOR MATTERS
Our Websites give you lots of control over what you Post and your online
experience. You choose what to Post and share and what to do or not to do in
our online environment. What you Post, how you behave and who you interact with
has consequences and sharing information with someone else, may give them a
degree of control especially if you choose to interact, communicate or meet
offline.
AVOID PROVOCATIVE OR OFFENSIVE USER AND CONTENT NAMES
Using sexually explicit, racial, ethnic, cultural or similarly offensive,
provocative, shocking or inappropriate names and labels, attracts the wrong
type of attention. You may want to be noticed, but keep in mind that you can
control what you choose, you won't know or control what others think, intend or
choose to do as a consequence of your choices.
REPORT ABUSE
Block others who you believe or suspect is behaving in any way that makes you
feel uncomfortable. As mentioned above, if offensive behavior, including
Posting, is involved, you should report it to us.
INTERACTING OFFLINE
Interactions with others using our Websites can be as simple as Posting
messages and participating in chat rooms and discussion groups. Interactions
online can sometimes lead to interactions offline. If you do choose to interact
offline, we want you to do so in as safe, secure and positive manner as
possible, although you acknowledge and agree that is not within our control.
That means you must do your part in exercising care and caution some thought
and planning and careful consideration, together with actions and precautions
you can take, can go a long way to make your interactions offline just as
positive and productive as you may find them online.
We do not screen, check backgrounds or verify information about our users
including information in profiles and Postings. It's up to you to take
precautions in your interactions with others, particularly if you meet offline
or in person or decide to share Personal Information. You understand we make no
guarantees, express or implied, regarding your experiences with users you meet
through our Websites, nor are we liable or responsible for the consequences of
your decisions or your actions. As we explain in our Additional Terms
Posting, you should never Post or otherwise make available any Personal
Information (or any other information you do not wish to be shared or made
publicly available) using our Websites.
WE DON'T AND YOU CAN'T SCREEN OTHERS
You are solely responsible for your interactions with others. We don't screen
users or what they Post, nor do we check backgrounds of our users or attempt to
authenticate or check what they may do or say. We can't and don't represent to
you that any user is who he or she says they are, nor can we warrant to you
anything about their conduct, their actions or intentions. Without limiting any
other provisions of your agreement with us, we remind you that under no
circumstances shall we be liable for any damages of any kind, direct, indirect,
general, special, compensatory, consequential or incidental, arising out of,
associated with or relating to your behavior or the behavior of anyone else in
connection with our Websites, including, without limitation, personal injury,
emotional or mental distress or any damages resulting from your use of our
Websites, Posting, or any other communications, interactions or meetings with
others, even if you learned of them or met them through our Websites.
If you decide to meet others offline, whether by telephone, in person or
through or under any other circumstances, you agree to take reasonable
precautions for your own safety, including those we recommend, in your
interactions. You should never provide Personal Information, including any
credit card, banking or other financial information to anyone you do not know
and trust and always consult your own independent advisers, friends and family
members, who can help you make sensible judgments and sound determinations.
WE ARE NOT RESPONSIBLE FOR USER BEHAVIOR
We are not responsible for any behavior, conduct, actions or activities of any
user of our Websites, registered or not, and we assume no responsibility or
liability whatsoever under any circumstances, for any loss or damage, including
personal injury or death, resulting from anyone's use of our Websites or any
Content, Posting or interactions between or among users, online or offline.
Here are some considerations some guidelines - you should take into account
when considering offline meetings. They contain important suggestions and
recommendations you should take into account and follow, to help you make
offline encounters positive and safe. We want you to exercise caution whether
you are getting to know others on or offline. While we don't want you to be
needlessly fearful or anxious, you do need to be careful, exercise common sense
and take sensible precautions to avoid potential problems. Your safety should
always be the number one priority.
ADDITIONAL TERMS - OFFLINE INTERACTION SOME HELPFUL GUIDELINES
Protect Your Identity
Don't Post your real name, phone numbers or any other identifying information
and don't offer to share any personally identifiable information with anyone
unless and until you are comfortable doing so. Posting potentially enables
everyone having your personal information - don't risk it.
Keep Your Options Open
Whether you use an anonymous email or not, always keep your real identity
unknown to strangers until YOU are comfortable exploring other options. Don't
feel you must reciprocate just because someone offers or even gives you their
name, phone number or email, you aren't obligated to respond unless and until
you are comfortable. What do you really know about the stranger at the other
end of the online exchange.
Know Before You Go
If you are considering meeting, start asking questions search the Internet,
use your head and find out as much as you can we don't do background checks.
If you get answers from the person or persons you think you might want to meet,
try to find a way to check the answers. Don't rely on information you cannot
truly independently confirm. Even background checks are often only as good as
the person asking the questions and the answers they get not always the most
reliable source. Whatever you do, share as much of the details as you can with
at lease one friend or family member.
Bring Someone; Tell Someone
If you decide to meet, do it in public, bring a parent or friend and make sure
a responsible adult knows exactly where you are and what you are doing ALL THE
TIME online or in person.
Meet in Public, Not in Private
Don't meet in your home, a hotel, a private club, isolated or unpopulated
place. Ever. If the other person offers to pick you up, say no.' If they offer
to take you home, say no.' There is a reason there is safety in
numbers." If, at any time and for any reason, you are uncomfortable or
feel you might be followed (for example, where you parked your car), head
straight for the nearest public, well lighted place, call a taxi or a friend
and leave. You can always come back later.
Don't Give In to Pressure
Anyone who doesn't respect your feelings and your right to feel safe and secure
doesn't have your best interests in mind.
Keep Personal Items In Sight
Don't leave your personal belongings unattended. Others may be able to obtain
personal information, alter or take something without your permission or your
knowledge.
Trust Your Instincts
Often, your instincts and feelings are indicators of a problem. While you
should never rely only on instinct in making a decision to meet offline, your
feelings are often a good indicator of your comfort (or discomfort) with
exploring alternatives beyond online interaction. People who can only meet at
strange or unusual times or out of the way places or always seem to be rushed
or only able to speak in a whisper may be hiding something. If you ever feel
unsure, threatened, anxious or uncomfortable, STOP.
Don't Give In to "Dares"
Don't fall prey to someone who teases you or tries to make you feel you aren't
brave or smart if you say no. Just because you can't put your finger on a
feeling, shouldn't make you feel you must give in. Courage is measured by you
doing what you know is right, not what others tease you into doing.
Keep Records
Save your emails, instant messages (IMs), etc. for future reference. We don't
keep copies, but you should.
Tell Someone. Take Your Mobile Phone
Tell at least one friend or family member if you are meeting. Tell them where
you are going and when you intend to come back. Let the person you are meeting
know that your meeting isn't a secret. Have them call you or you call them
during and after your meeting.
Keep Your Wits About You
Interactions are more likely to result in healthy and positive relationships
when you aren't influenced by alcohol or anything else that could impair your
judgment or your ability to make decisions.
No One Is Your "Best Friend" Online
Be wary of online friends' who tell you how comfortable you make them feel or
how close you have become or that you are the only one who understands them or
that they can talk to. Real world relationships take time and effort. Lines
that seem too good to be true usually are.
Be Wary of Solicitations, Offers or Pleas for Help
You shouldn't be asked for money, to donate or to buy anything or to give or
receive advice about finances, investments or purchases. We don't allow
solicitation or the use of our Websites for commercial purposes of any kind and
if anyone tries to link you to a pay site, asks you to call a 900 number,
invites you to participate in subscriptions, donate to charity or offers to
sell you anything, report it to us right away. Be alert to scams and con
artists.
We understand interacting online and offline can be complicated and
sometimes uncertain. Always put safety first anything else is simply not
worth the risk.
ADDITIONAL TERMS CHAT ROOMS
These Additional Terms form a part
of our Terms of Use and apply to chat rooms, which we will use to refer to any
technology we make available on or through our Websites that allow or enable
you to share information with a group of other users, whether in real time,
through instant messaging or full online social environments and when we use
the term "chat room" below it means and includes any and all
features, functions or portions of our Websites that provide that capability,
in one form or another.
NO SUBSTITUTE FOR MEDICAL ADVICE
As noted in our Terms of Use, including our Additional Rules applicable to
Posting, chat rooms are for exchanging information and communication with
others who may have similar experiences, needs or interests, but chat rooms
never are and are not meant to be a substitute for qualified professional
healthcare advice or counseling.
Remember, everyone's circumstances are different and what worked or did not work
for one person may or may not work for you. You should never use a chat room to
diagnose, treat, cure or as a reliable source of information to prevent any
illness, disease, medical or other condition. Similarly, you should never
change your current medical treatment, delay in seeking medical care or
disregard professional medical advice based on a chat room. You should always
consult a qualified healthcare professional and if and whenever you need a
medical opinion, second opinion, a medical diagnosis, recommended treatment or
other information, you should only rely on a qualified healthcare provider, not
our or anyone else's chat room.
NOT THERAPY OR CRISIS INTERVENTION
Our chat rooms are not a replacement for therapy or other professional
counseling services. Chat rooms are also not the place to Post threats, hint or
talk about taking your own life or harming yourself in any way. Chat rooms are
for discussion and support, not for solving crisis situations. If you are
experiencing a crisis call or need help urgently, call 911, another emergency
hotline or seek emergency or other professional help immediately.
CLAIMS MAY NOT BE WHAT THE APPEAR TO BE
You are not permitted to claim to be a practicing mental health, licensed or
unlicensed medical or healthcare professional in our chat rooms. We don't
screen participants in our chat rooms, so neither we nor you can verify,
confirm or authenticate who a user is nor the accuracy, truthfulness or
completeness of what is being Posted in a chat room.
We remind you that we are not responsible, nor do we have an obligation to
monitor any user's behavior, actions or Posting and under no circumstances
shall we be liable for personal injury, emotional or mental distress or any
damages resulting from your use of our chat rooms. We draw your attention to
the section in our Terms of Use entitled "ANY LIABILITY WE MAY HAVE IS
LIMITED."
Copyright © 2010 All Rights Reserved