1.0 General Terms of Use 2.0 Additional Terms – Registration 3.0 Additional Terms – Use of Teen Dating Violence Prevention (“TDVP”) Materials 4.0 Additional Terms - COPPA 1.0 General Terms of Use 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 THIS WEBSITE, 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 this Website. 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 this Website (“Additional Terms”). This Website 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 this Website, individually and/or collectively as “Content” and when we use the term “Website” it also included Content unless we specifically say otherwise. THATSNOTCOOL.COM, its sponsors, suppliers and agencies may also be referred to individually and/or collectively as “we”, “us” or “our” and we will refer to users of this Website, 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 this Website, for any purpose, or if you try to do any of these things. If you use this Website 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 this Website, 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 THIS WEBSITE 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 this Website and/or any Content. We will post or display a notice of material changes to any of our Terms of Use on this Website and once we post them, these changes on the effective date specified. If you use this Website 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 this Website. WHO OWNS THE INTELLECTUAL PROPERTY AND OTHER CONTENT RIGHTS This Website 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 this Website. 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 this Website, 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 this Website 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 this Website, even if a link on our site allowed you to do so. When you leave this Website, 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 THIS WEBSITE 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 THIS WEBSITE 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 THIS WEBSITE, 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 this Website, 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, this Website, 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, this Website, 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). 2.0 Registration REGISTERING FOR OUR WEBSITES In order to obtain Services from this Website, you will need to enroll on or with this 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 this Website, you must live in the United States and be at least 13 years old to use the Services associated with this 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 by contacting webmaster@adcouncil.org, 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 this Website, at any time without any liability or further obligation of any kind whatsoever to you or any other party. 3.0 Use of TDVP Materials These Additional Terms form a part of our Terms of Use and apply to the use of certain downloadable Public Service Announcements and TDVP Materials (collectively referred to as “TDVP Materials”). Terms not otherwise defined below have the meaning described in our Terms of Use. If you use our TDVP Materials, or you attempt to use it, you are agreeing to be bound by and comply with these Additional Terms. TDVP Materials are Licensed Under these Additional Terms we are granting you a limited, revocable, non-transferable, non-sub licensable, royalty free, non-exclusive license, solely for your own personal, non-commercial purposes, to use our TDVP Materials. You don't own our TDVP Materials and the license and right to use our TDVP Materials does not transfer or modify our ownership or any other interests we may have in the TDVP Materials. The license does not include any right to use or display our name or any of our trademarks or service marks or other Content without our express permission. You acknowledge and agree we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from the use and/or display of our TDVP Materials. Permitted and Prohibited Use of TDVP Materials You may not use or display our TDVP Materials in violation of any of our Terms of Use. You may not display or use our TDVP Materials on any Site that, in whole or in part incites, promotes, encourages, constitutes, condones or facilitates: violence, hatred or offensive speech, conduct or behavior, discrimination or exploitation of or against any person or groups of persons; illegal or, in our sole determination and judgment, is inappropriate or inconsistent our image, goodwill and/or brand names and reputation; any misleading, pornographic, defamatory, illegal or otherwise actionable content; or any actual or potential threat to health, safety or security of persons or property. You represent that you are either a registered not-for-profit corporation in the United States or that you are not, in any manner, directly or indirectly involved in the commercial sale of goods or services. You may not use our TDVP Materials or include attribution which in any way implies endorsement or association with any other party, goods or services or that might constitute or create any composite logos or marks or otherwise impair any rights we have, including, without limitation, rights applicable to Content you obtain through our TDVP Materials, all of which are governed by our Terms of Use. Discontinuing TDVP Materials We reserve the right to discontinue providing any or all of our TDVP Materials at any time and to require you to cease displaying, distributing or otherwise using any or all of our TDVP Materials for any reason or for no reason, in our sole discretion, including, without limitation, your violation of any of our Terms of Use, including these Additional Terms. Neither we, nor any of suppliers, licensors, sponsors or licensees assume any liability for any of your activities in connection with our TDVP Materials, including, without limitation, use of the TDVP Materials generally, or on or in connection with your Site, and you agree to indemnify, defend and hold us harmless form and against any Claims arising from such activities or use. No Fees; No Alterations You may not, directly or indirectly, charge a fee, require compensation or other consideration for accessing our TDVP Materials or our Content or in any way attempt to commercialize or commercially exploit our TDVP Materials, whether by resale, redistribution, syndication or otherwise. You may not modify, alter, change, edit, supplement, reformat, transform or create derivative works, compilations, summaries or extractions of our Shared Content available through the use of our TDVP Materials, including, without limitation, links embedded in TDVP Materials. No Representations, Warranties or Liability TDVP Materials is made available "as is" and "as available" with absolutely no representations or warranties of any kind. WE DISCLAIM ANY AND ALL LIABILITY FOR LOSS OR DAMAGE, DIRECT, INDIRECT, CONSEQUENTIAL OR OTHERWISE ARISING FROM OR ASSOCIATED WITH OUR SHARED CONTENT, OR THESE ADDITIONAL TERMS, INCLUDING, WITHOUT LIMITATION, CONTAMINATION OR DAMAGE CAUSED BY ANY MALICIOUS OR UNAUTHORIZED CODE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER IS TO REMOVE THE TDVP Materials (AND ASSOCIATED CODE) FROM YOUR SITE. 4.0 COPPA This Website is offered and made available only to users 13 years of age or older and you must be at least 13 years old to use this Website. If you are not yet 13 years old, please discontinue using the Website immediately, do not attempt to register, use this Website or any of our Content, nor participate in any features, activities and services that require you to provide any Personal Information. Children under the age of 13 that are unknowingly registered on this Website are in violation of our Terms of Use. Parents of children under the age of 13 have the right to immediately terminate or cancel their child's use of our Website and the parent should notify us by contacting us at webmaster@adcouncil.org and provide verifiable identification that they are the child's parent. If we unknowingly send an electronic message to a child (a person under the age of 13 years) who has registered or provided us with Personal Information on the Website in violation of our Terms of Use, which includes these Additional Terms, or Personal Information is unknowingly collected in connection with a contest or sweepstakes from a child that attempts or actually does enter, in violation of our Terms of Use, the child or the child's parent or legal guardian always has the right to delete Personal Information of the child, as well as opt out from receiving future communications. You may always use the opt out mechanism contained in any message we send you, or you can request deletion of your child's Personal Information by contacting us at webmaster@adcouncil.org. If a parent does not have his or her child's user name or password, the parent will be required to send an email to our Privacy Administrator at webmaster@adcouncil.org that includes the parent's name, address, telephone and email address, in addition to the child's name and email address as captured by the Website, plus the child's date of birth. We will send a confirming email to the parent via the email address provided to verify that the parent wishes to terminate his or her child's account, registration, delete the child's Personal Information and prevent further collection and use. The parent must confirm by sending a reply email to the designated return address. We will then terminate the child's registration, participation or otherwise in connection with our Website and use all reasonable measure to block the child from providing us Personal Information in the future. We will notify the child of the parent's termination request via email and will identify the name, address and email address of the person making the request. Please see the section in our Terms of Use entitled, “YOUR RIGHTS REGARDING PERSONAL INFORMATION” to obtain additional information about how information, including Personal Information, may be changed or deleted. Copyright © 2010 All Rights Reserved