(Effective Date: September 10, 2008)
Audit Bureau of Circulations
Terms of Use
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TERMS") BEFORE USING THIS SITE, AS USE OF THE SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. DO NOT USE THIS SITE IF YOU DO NOT AGREE.
Audit Bureau of Circulations (“ABC,” “we,” or “us”) owns and controls http://www.accessabc.com, including the interactive features that are accessible or downloadable though this web site (collectively, the "Site") (however the Site is accessed or used by you, whether via personal computer, mobile device or otherwise). These Terms set forth the terms and conditions governing your use of the Site. These Terms only apply to the Site and not to any other web site or any offline activities by ABC (unless specifically stated). By accessing or using this Site, you accept and agree to be legally bound by these Terms, including, if when these Terms are amended or supplemented from time-to-time.
In some instances, both these Terms, and a separate agreement setting forth additional conditions, may apply to a service, content or product offered via the Site ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the Site’s Privacy Policy as our collection of your information is governed by it.
Table of Contents
1. Membership Registration
2. Ownership of Site Materials
3. License to Site Materials
4. Site Use Policy
5. Linking Policy
6. Linked Sites
7. Promotions
8. Updates To The Terms
9. Disclaimer Of Warranties With Respect To Site
10. Limitation Of Liability
11. Indemnification
12. Compliance
13. Equal Opportunity Employer
14. Modification Or Suspension Of The Site
15. Jurisdiction / Law
16. Miscellaneous
17. Entire Agreement; Modification and Termination
18. Contact Information
1. Membership Registration.
In order for you to obtain access to certain areas of the Site, we may require you to be a member ("Member") of ABC. In order to become a Member of ABC, you will need to complete and submit a Membership (defined below) application so that an online account and password can be assigned to you. You may apply to become a Member of ABC in the following categories of memberships: (a) Advertising Agencies, (b) Advertisers, (c) Associates, (d) Business Publications, (e) Consumer Magazines, (f) Farm Publications, (g) Newspapers, and (h) such other categories that may be established from time to time (collectively, "Membership"). Information about the different types of ABC Memberships and the costs of such Memberships can be found under the ABC Membership links located throughout our Site. You may decide not to become a Member of ABC or provide information; however, if you decline to do so, you may be unable to view or access certain Materials (defined below) or otherwise enjoy portions of the Site. You are responsible for updating your Membership information. We are entitled to rely on the last information provided by you.
You will be responsible for all activities that occur under your Membership or password, and you agree you will not sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your password, and for restricting access to your devices that access the Internet, so that others may not utilize your information to access the Site. We may deny you access to the Site, in our sole discretion, without notice and without liability.
A condition of your Membership in ABC is agreement to the rules and policies set forth from time-to-time by ABC, including ABC's Bylaws. For a full list of ABC's Membership rules, including ABC's Bylaws click HERE. Additionally, ABC provides its Members with a feeling of confidence, commitment, value and pride by providing credible, verified information that is essential and relevant to the media buying and selling process. As a Member, you have the ability to tell your business partners about your commitment to accountability, credibility and integrity by publicizing your Membership in ABC. After agreeing to ABC's publicity rules set forth HERE, Members are permitted to use ABC logos and other promotional materials per ABC's rules, policies and any applicable guidelines that are specifically set forth elsewhere on the Site. To the extent there is a conflict between these Terms and any rules, policies, or guidelines set forth elsewhere on the Site, such rules, policies or guidelines will control unless it expressly states otherwise.
2. Ownership of Site Materials.
- (a) This Site may contain a variety of materials, including copyrighted material, such as information, articles, opinions, directories, guides, graphics, photographs, illustrations, images, video and audio clips, advertising and promotional materials, data, software, compilations, designs, graphical interface, and overall “look and feel, trademarks, logos, trade names, service marks and trade identities, whether registered or unregistered (collectively, all of the foregoing are referred to as "Materials"). Unless otherwise specified in writing on the Site, this Site (including past, present and future versions) and its Materials are owned or controlled by ABC or its licensors. All right, title, and interest in and to the Materials available via the Site is the property of ABC or its licensors, and is protected by U.S. and international copyright, trademark, patent, and/or other proprietary rights and laws. Except to the minimum extent otherwise expressly permitted under applicable law or these Terms, no copying or other exploitation of Materials from the Site is permitted without the express prior written permission of ABC or the applicable owner. This applies to copyrighted materials regardless of whether or not a copyright notice appears on such Materials, and applies to trademarks, whether registered or unregistered, and regardless of whether or not a trademark notice appears on such Materials. Your ability to use the Materials is governed by these Terms.
- (b) While we strive to keep the Materials that we post on the Site accurate, complete and current, we cannot and do not guarantee, represent or warrant that any of the Materials on this Site are accurate, complete, timely or applicable to you, nor do we have any obligation or undertaking to update the Site.
3. License to Site Materials. ABC grants you a limited, non-exclusive, non-transferable, non-assignable and revocable license to view, download, copy, and print the Materials (excluding source and object code) retrieved from the Site for use on any single computer for your personal, non-commercial use only; provided that you may not remove or obscure any copyright, trademark or other proprietary rights notice displayed on or in conjunction with the Materials and provided that you make no modifications to the Materials, except as specifically permitted by ABC. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Materials available via the Site in any other manner or for any other purpose without the prior express written permission of ABC or its licensor, as applicable. You acknowledge that you do not acquire any ownership rights in any Materials by virtue of downloading, printing, modifying or using Materials from the Site. You may own the medium on which the Materials is recorded or printed, but we or our licensor retain all right, title, and interest in and to such Materials, and all intellectual property rights therein. All rights not expressly granted in these Terms are expressly reserved to ABC or its licensors. In some instances, certain Materials that you download from the Site are subject to a separate license agreement or other specific terms and conditions which will be provided at the time you download or install the Materials. In those situations, such applicable terms and conditions will control in lieu of these Terms. ABC reserves the right to modify the license granted in this section and the restrictions described in this section in writing on the Site, including, without limitation, by charging fees therefore and/or making certain features available through the Site that may invite you to use the Materials in a manner not described above. ABC may add, change, discontinue, remove or suspend any of the Materials at any time, without notice and without liability.
4. Site Use Policy. You agree that you shall at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Site. In addition, you agree that you will not do any of the following while using the Site:
- Security, Cracking & Hacking. Violate or attempt to violate the security of any portion of the Site, including, but not limited to: (i) access or attempt to access Materials not intended for you; (ii) log into or attempt to log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with or disrupt the Site, or the servers or networks that provide the Site, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site; or (v) restrict or inhibit any other user from accessing or using the Site, including, without limitation, by means of hacking or defacing any portion of the Site.
- Viruses; Malware; Reverse Engineering, Data Mining, Scraping, Etc. Submit any virus, worm, “Trojan Horse,” “Easter egg,” “time bomb,” spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere with the operation of the Site or any hardware, software, or telecommunications equipment or with any third party's uninterrupted use and enjoyment of the Site or modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site. Except for search engines presenting links to users searching for ABC and related Materials, use any robot, spider, rover, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Materials, unless otherwise authorized by ABC in writing in advance.
- Collect Personal Information. Collect or harvest personally identifiable information about other users of the Site or harass other persons.
- Inappropriate Submissions. Submit to or on the Site, anything that is or may be: (i) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory, libelous, or disparaging of any person or entity; (iii) false, fraudulent, or tortious; (iv) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (v) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism or illegal acts; (vi) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; (vii) in violation of any other rights of any person or entity; (viii) violative of any law or regulation; or (ix) otherwise objectionable, in ABC's sole discretion.
- Materials. Modify, frame, reproduce, archive, sell, lease, rent, exchange, encumber, hypothecate, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose.
5. Linking Policy. ABC grants you the revocable permission to link to the Site; provided, however:
- (a) the link must not present false information about or disparage damage, dilute or tarnish the goodwill associated with any ABC name or entity;
- (b) the link must not create the false appearance that your web site is sponsored by, endorsed by, affiliated with, or associated with ABC unless ABC has given its prior written permission;
- (c) the linked site may not "frame" or create a browser or border environment around any of the content on the Site or alter this Site in any way;
- (d) the linked site may not be unlawful, abusive, indecent or obscene, or promote violence or illegal acts, or be libelous, defamatory or otherwise deemed inappropriate, as determined by us, in our sole discretion;
- (e) the linked site may not display our Materials, including any of our trademarks or logos, to create a link, without our prior written consent or as otherwise provided in the Publicity Rules;
- (f) the linked site must be owned and controlled by you or otherwise permit you to enable such link subject to these Terms applying thereto; and
ABC also reserves the right to prohibit linking to the Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
6. Linked Sites. The Site may link to other web sites that we do not maintain or are not under our control (“Linked Sites”). Your interactions with such Linked Sites are solely between you and the third party operator of the Linked Site. This may include, but is not limited to, your participation in promotions, purchase of goods, use of software or other third party materials, reliance upon advertising claims, the payment for and delivery of goods or services, and any terms, conditions, warranties, or representations associated with such interactions. We are not responsible for, and we make no representations or warranties regarding the services, personal information practices, ownership, or legality of any such Linked Sites. Your use of the Linked Sites is subject to the terms of use and privacy policies established by such third parties, and we encourage you to review those documents before you use their services. Your access to and use of such Linked Sites is solely at your own risk, and you agree that we will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Linked Sites.
7. Promotions. This Site may contain sweepstakes, contests or other types of promotions, which may be governed by a separate set of rules and may also have eligibility requirements. You must read those rules to determine whether or not your participation, registration or entry will be valid and to determine all other applicable requirements.
8. Updates to the Terms. We may make changes to the Terms from time-to-time, in our sole discretion, by updating and posting the revised Terms on this Site, and specifying the effective date of the new version of the Terms. Your use of the Site following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, when you visit this Site, you should periodically check to see if a new version of the Terms has been posted.
9. DISCLAIMER OF WARRANTIES WITH RESPECT TO SITE. THE SITE (INCLUDING, WITHOUT LIMITATION, THE MATERIALS, LINKS, MESSAGES, PRODUCTS, SERVICES, DOWNLOADS AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE SITE) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ABC AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES AND ANY OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, CONTRACTORS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “ABC PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, SYSTEM INTERGRATION AND FREEDOM FROM COMPUTER VIRUSES.
WITHOUT LIMITING THE FOREGOING, THE ABC PARTIES DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE COMPUTERS, NETWORK EQUIPMENT AND THIRD PARTY SERVICE PROVIDERS THAT MAKE IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET CONNECTIONS, HARDWARE AND SOFTWARE NEEDED TO ACCESS AND USE THE SITE, AND FOR PAYING ALL RELATED CHARGES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON THE SITE. NO OPINION, ADVICE, OR STATEMENT OF ANY ABC PARTY, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, THE ABC PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE ABC PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE ABC PARTIES WILL NOT BE LIABLE FOR YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS OR ERRORS CONTAINED ON THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE ABC PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ABC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE ABC PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER MODEM, CELL PHONE, MOBILE DEVICE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE MATERIALS.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE PROVISION OF ANY SITE OWNED OR CONTROLLED BY US OR OUR LICENSORS, OR ANY OTHER EQUITABLE REMEDY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OUR PROVISIONING OF THE SITE.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
11. Indemnification. You agree to defend, indemnify and hold the ABC Parties, harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorneys' fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your breach or alleged breach of these Terms; (b) your use of the Site or activities in connection with the Site; (c) your violation of any laws, rules or regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) your breach or anticipatory breach of these Terms, (e) information or material transmitted through your computer, even if not submitted by you, that damages the Site; or (f) ABC's use of your information or content. You will cooperate as fully required by the ABC Parties in the defense of any claim. The ABC Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the ABC Parties.
12. Compliance. You understand and agree that we will determine your compliance with these Terms in our sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
13. Equal Opportunity Employer. ABC is an equal opportunity employer and recruits, employs, trains, compensates and promotes regardless of race, religion, color, national origin, sex, disability, age (40 and over) veteran status, and other protected status as required by applicable law.
14. Modification or Suspension of the Site. We reserve the right, at any time and without notice to you, to modify, add, suspend, or discontinue, temporarily or permanently, the entire Site or any portion of the Site, in our sole discretion. This includes the right to modify, discontinue or remove any Materials, postings, links, pages, services, or other materials at any time and for any reason. You agree that we shall not be liable to you for any modification, general suspension or discontinuance of any aspect of the Site. We may, in our sole discretion, refuse or restrict anyone from access to the entire Site or any portion of the Site at any time.
15. Jurisdiction / Law.
- (a) Jurisdiction / Location. Unless otherwise specified, the Site and its Materials are presented solely for purposes such as providing information about ABC in the United States. We control and operate the Site from within the State of Illinois, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. We make no representation or warranty that the Site, or any Materials or other materials available on the Site, are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws if applicable.
- (b) Applicable Law. These Terms and the resolution of any dispute related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America without giving effect to any principles of conflicts of law. Any legal action or proceeding between ABC and you related to these Terms or otherwise arising out of usage of this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in or having jurisdiction over Cook County, State of Illinois, and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
16. Miscellaneous. You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you will be responsible for all charges related thereto. The failure of ABC to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit ABC’s rights with respect to such breach or any subsequent breaches. No waiver by the ABC Parties of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of the applicable ABC Party. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. The ABC Parties may assign their rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without ABC’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Upon ABC's request, you will furnish ABC any documentation, substantiation or releases necessary to verify your compliance with these Terms. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against ABC by virtue of having drafted them.
17. Entire Agreement; Modification and Termination. ABC reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, information or content available on the Site, including, without limitation, your communications and Membership; and any functionality or features in or on the Site, in each case in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that the ABC Parties will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. Furthermore, ABC reserves the right to charge for use of the Site, in whole or in part, and to change its Membership fees from time to time in its discretion.
18. Contact Information. If you have any questions or concerns with respect to these Terms or the Site you may
