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Terms and Conditions of Use This Website, The ARF.org, is owned by, and provided for your use by, the ARF, formerly known as the Advertising Research Foundation. ( "ARF", "we" and "our", as used in these Terms and Conditions, means also, without any limitation, ARF's agents, officers, directors, employees and attorneys.) By using this Website, you agree to be bound to these Terms and Conditions of Use. Please be aware that the ARF may revise these Terms and Conditions from time to time by updating this posting. Such revised Terms and Conditions will take effect as of the date of their posting.
The ARF maintains this Website for your professional and personal information, education, and communication. You must assume that everything you see or read on this Website (such as images, photographs, illustrations, texts and other materials) ("Content") is the property of the ARF and/or its licensors and/or partners. Without the ARF's prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website or in a networked computer environment. You may, however, electronically copy or print pages from this Website for your personal, non-commercial use, provided that you include the following copyright notice on each such page "Copyright 19---2003 The ARF". If the Content is located within the access-restricted "Members Only" areas of the Website, however, you cannot copy or print such Content for any distribution to person(s) who are not currently employed by a current Member company of The ARF.
By submitting and/or posting Content to this Website, you automatically grant to the ARF a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by the ARF or licensed to others for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
As a user, you are responsible for your own Content and are responsible for the consequences of the posting of such Content. You must not do the following:post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post or transmit any "junk mail" or "spam"; impersonate another person or misrepresent your affiliation with any person or organization; access the Website to obtain a list of users of the Website; access or use any secure or non-public areas of the Website without our express authorization; or frame or link to the Website without our express authorization. The ARF does not warrantee or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The ARF does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If the ARF becomes aware of any communication that allegedly does not conform to these Terms and Conditions, we may investigate the communication and determine in our sole discretion whether to remove the communication. The ARF has no liability or responsibility to you for performance or nonperformance of such activities. The ARF reserves the right, in its sole discretion, to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.
Your use of this Website is entirely at your own risk. The ARF does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties. The ARF does not warrant that the functional aspects of the Website will be error free or that this Website or the server that makes it available are free of viruses or other harmful components. The ARF reserves the right to correct any errors on this Website. If your use of this Website or our Content results in the need for servicing or replacing property, material, equipment or data, the ARF is not responsible for those costs. Without limiting the foregoing, everything on our Website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ARF MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. The ARF does not make any representation about the quality of any product, services, information or other material purchased or obtained by you via use of this Website. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
NEITHER THE ARF NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE, THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ARF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
You agree that the ARF may terminate your use of this Website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of the ARF or any third party, or for any other reason, and with or without notice to you. You agree that the ARF may modify or discontinue this Website, with or without notice to you, and you agree that the ARF will not be liable to you or any third party as a result of any such modification or discontinuation. The provisions entitled "Use of Materials on this Website," "Submissions to TheARF.org," "Disclaimer," "Limitation of Liability," "General Provisions," "Indemnity," "Trademarks" and "Copyright" will survive termination of this Agreement to use our Website.
The ARF controls and operates this Website from its headquarters in New York, New York, United States of America, and makes no representation that the material on the Website is appropriate or available for use in other locations. If you use this Website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to our Content may not be legal by certain persons or in certain countries. If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These Terms will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this Website or our Content must be instituted in a state or federal court in New York County, New York, and you hereby agree to submit to the personal jurisdiction of such courts.
You agree to defend, indemnify, and hold harmless the ARF, its officers, directors, employees, agents and attorneys, from and against any claims, actions or demands, including, without limitation, its reasonable legal and accounting fees, arising from your use of this Website or our Content or your breach of these Terms and Conditions. The ARF shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Website are registered and unregistered trademarks of the ARF and of others. Nothing contained on this Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of the ARF or of such third party that may own any of the Trademark(s). Your misuse of the Trademarks displayed on this Website, or of any other Content on this Website, except as provided herein, is strictly prohibited.
All Content on this Website, including but not limited to, text, graphics, logos, button icons, images, audio clips and software, is the property of the ARF or its Content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this Website is the exclusive property of the ARF and is protected by U.S. and international copyright laws. All software used on this Website is the property of the ARF or its software suppliers and is protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance of the Content on this Website is strictly prohibited.
You may receive a password in connection with your use of this Website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.
The Advertising Research Foundation
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New York, NY 10016-8013