Terms and Conditions
- These materials are for individual training purposes only
- Content is available for download for 1 month after purchase
- All content remains the property of the IAB and its instructors
- Use beyond the above is prohibited and all sales are final
- More detailed terms are available below
- You agree to the above terms as well as the more detailed terms below by using this site.
Detailed Terms and Conditions
- Definitions.
IAB Professional Development On-Demand provides video training content and related materials for individual training purposes only
- Copyright and Trademark.
The Software and Website(s) are the proprietary and copyrighted work of the IAB and/or its third party licensors or contractors. The IAB provides you with a limited license to use our Software and Website(s), which you agree to use in accordance with this TOS. You may not sub-license, or charge others to use or access, our Software and Website(s) without first obtaining written permission from us. All rights, title and interest in and to the Software and the Website(s) is retained by The IAB and its licensors, and this Agreement shall not be construed as transferring any rights of ownership to the Software or to any information therein except as expressly set forth in this Agreement.
- Purchases Final.
All purchases and rentals of Digital Content are final when you click the "Buy Now" button.
- Acceptance.
The IAB makes this site and the related site materials available for your access and use subject to your compliance with these Terms of Service ("TOS"). Your obligations under this TOS include the obligation to abide by our Community Guidelines and other terms and conditions that apply to specific IAB projects, products, and services. "Site materials" means the content, tools, products, services, projects, and activities made available or enabled via this site. By accessing or using this site, you agree to comply with this TOS, and you certify that you are at least 13 years old, and that if you are between 13 and 18 years old, you have obtained the consent of your parent or legal guardian to use this site. Do not use or access the site if you do not agree to this TOS.
- Violations.
If you violate any of the terms and conditions of this Agreement, your licenses to any content will immediately terminate, and the IAB may, in its discretion, immediately revoke your access to the Service without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and the IAB shall have the right, without notice to you, to automatically discontinue your access to Digital Content from the Service.
- Modification.
The IAB reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and the IAB will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
- International Use.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited. Software available on or through this site may be subject to United States Export Controls. No Software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”: (i) Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects The IAB’s computers, servers or databases. (ii) Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms. (iii) Permit or provide others Access to the Professional Development On-Demand using Your user name and password or otherwise, or the name and password of another authorized User. (iv) Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site. (v) Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site. (vi). Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content. (vii) Violate or attempt to violate The IAB’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way. (viii) Engage in any other conduct which violates the Copyright Act or other laws of the United States. (xi) Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or The IAB. (x) Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights. (xi) Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by The IAB. (xii) Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability. (xiii) Advertise or otherwise solicit funds, goods or services on the Site. (xiv) Provide any commercial hosting service with Access to the Site and/or the content on the Site. To ensure that Users of the Site do not engage in Prohibited Conduct, The IAB reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Professional Development On-Demand to any person or entity whose use of the Professional Development On-Demand suggests Prohibited Conduct. Access of the materials available at the Professional Development On-Demand beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Professional Development On-Demand and will result in revocation or denial of Access to the Professional Development On-Demand. The terms “normal patterns” and “abuse” shall be determined solely by The IAB. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
- Submissions.
All of your contributions and submissions to the Website(s) and any site projects or Services must comply with the applicable policies and guidelines. You represent and warrant with respect to each of your submissions that it (i) does not include unauthorized disclosure(s) of personal information or trade secrets, and does not include any confidential information; (ii) does not violate anyone's rights, including without limitation intellectual property rights; (iii) does not contain software viruses or any other elements designed to interrupt, destroy or limit the functionality of any Software, systems, or devices; (iv) does not contain or link to commercial solicitations; (v) is not subject to laws or regulations regarding the export and other dissemination of information or technology; and (vi) is not inaccurate, defamatory, obscene, harassing, or otherwise objectionable in a manner which would support third party legal claims. As between you and the IAB, you assume all risk and consequences resulting from any third party's use of any submission that you make. You grant to the IAB and our respective licensees and assigns, the perpetual, irrevocable, nonexclusive, and worldwide right, but not the obligation, to make use the name under which you submit content in connection with any subsequent use of the content. You grant to the IAB and our respective licensees and assigns, the perpetual, irrevocable, nonexclusive, and worldwide right to make any use of the submission that we deem suitable in our sole discretion, without any obligation to you for such use. The IAB agrees that you retain ownership of the copyrights in your submissions, provided that if your submission contains third party or public domain content, the IAB and you shall have the same rights as any member of the public with respect to the third party or public domain content.
- Unauthorized Copies.
Making unauthorized copies of any content may hinder your TOS affecting access to the Website(s) and Software, and may subject you to further legal action. Similarly, third-party licensors may take criminal or civil action against you. In that event, you agree to hold harmless The IAB and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
- Jurisdiction.
This Agreement is made in and shall be governed by and construed in accordance with the laws of the State of New York without reference to choice of law principles. Customer consents to exclusive jurisdiction and venue of the courts of New York County, New York.
- Privacy Policy.
The Registration Data and other information that you provide to us or that we collect about you are subject to our Privacy Policy, which is available at http://www.iab.net/privacy_policy. You agree that by using the site, you consent to the collection and use of this information in accordance with our Privacy Policy.
- Third Party Content.
The Website(s) may contain links to third party websites that are not owned or controlled by the IAB, and it has no control over, and assumes no responsibility for anything relating to third party websites.
- Remedy.
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the services on the site during the twelve (12) month period before the act giving rise to the liability. In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site. Further, we shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
- Indemnification.
You agree to indemnify and hold IAB and its officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this TOS, or your violation of any rights of any third party based on or related to your use of the Website(s).
- Notices.
All notices to a party shall be in writing and shall be made either via conventional mail. Notices to us must be sent to the attention of IAB Professional Development, 116 E. 27th Street, 7th Floor, NY, NY 10025. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
- Entire Agreement.
These Terms of Service constitute the entire agreement between you and The IAB and govern your use of the Service, superseding any prior agreements between you and The IAB. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The IAB's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. The IAB will not be responsible for failures to fulfill any obligations due to causes beyond its control.
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