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DMA: Data and Marketing Association
Consumer Help

DMA Terms of Service (TOS)

IMPORTANT - BEFORE INSTALLING, ACCESSING, OR USING ANY PART OF THE DMA ("DMA") WEB SITE LOCATED AT WWW.THEDMA.ORG, THE MOBILE VERSION OF THE WWW.THEDMA.ORG SITE, ANY ASSOCIATED DMA CONTROLLED SOCIAL MEDIA PAGES AND ANY PROGRAMS, SERVICES, PRODUCTS, MATERIALS, DOCUMENTATION, AND INFORMATION AVAILABLE THROUGH THE SITE, INCLUDING THE DMA360 PORTAL (REFERENCED COLLECTIVELY HEREIN AS THE OR THIS “SITE”), YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE “TOS”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS SITE. DMA IS WILLING TO LICENSE THE USE OF THE SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION BY DMA TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.

1. License Grant

This Site is provided by DMA, and this TOS provides you (hereafter “you” or “your”), with a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. This TOS is a license and not an assignment or sale. Any rights granted hereby are licensed and not sold or otherwise transferred to you. Accordingly, you expressly acknowledge and agree that DMA transfers no ownership or intellectual property interest in and to the Site to you or anyone else.

2. Your Acceptance

  1. By using or visiting this Site or using any DMA products, software, data feeds, and services provided to you on, from, or through the Site, you signify your agreement to (i) this TOS, (ii) DMA’s Privacy Policy, found at https://thedma.org/privacy-policy/ and incorporated herein by reference, which may be revised from time to time by DMA in its sole discretion (the “DMA Privacy Policy”), and (iii) the DMA 360 Community Guidelines found at https://dma360.thedma.org/privacy_policy and incorporated herein by reference, which may be revised from time to time by DMA in its sole discretion (the “DMA 360 Community Guidelines”). If you do not agree to any of these terms, the DMA Privacy Policy, or the DMA 360 Community Guidelines, you are not granted permission to use the Site and must exit the Site immediately.
  2. B. DMA may modify or revise this TOS and its policies at any time. DMA will notify you of any changes to this TOS either by email (or other communication) or posting notice of such change on the Site. The TOS, then in effect, will apply each time you access the Site. Accordingly, You agree to be bound by the Terms of Service in effect at the time you access the Site. You should therefore periodically review the most up-to-date version of the Terms of Service here and each time you access the Site. If you do not agree to the revised terms, do not use the Site. By accessing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by this TOS (and the version then in effect).

3. Service

  1. This TOS applies to all users of the DMA Site, including users who are also contributors of Content on the Site. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Site. The Site includes all aspects of DMA 360, including but not limited to all products and services offered via the website and other applications.
  2. The Site may contain links to third party websites that are not owned or controlled by DMA. DMA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Accordingly, DMA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by or advertised on any third party web sites. Moreover, the inclusion of links to third party websites does not imply an endorsement with respect to any such web site or the products or services provided by any third party. By using the Site, you agree to hold DMA and its affiliates harmless from any and all liability arising from your use of any third-party websites as further set forth below. We encourage you to be aware when you leave the Site through and third party link and to carefully read the terms and conditions and privacy policies of each third party website that you visit.

4. DMA Accounts

  1. In order to access some features of the Site, you will have to create a DMA account. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You may never use another person’s account without permission. You hereby agree to consider your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior written consent of DMA. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DMA immediately of any breach of security or unauthorized use of your password or account.
  2. You acknowledge that DMA will not be liable for your losses caused by any unauthorized use of your account; however, you may be liable for any losses incurred by DMA or others due to such unauthorized use of your account.

5. General Use of the Service — Permissions and Restrictions

DMA grants you permission to access and use the Site solely as set forth in these Terms of Service, provided that:

  1. Except as expressly permitted herein, you agree not to distribute in any medium any part of the Site or the Content without DMA’s prior written authorization, unless DMA makes available the means for such distribution through functionality offered by the Site.
  2. You may not modify, alter, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, reproduce, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, grant a security interest in, transfer any right(s) in, or otherwise use in any manner not expressly permitted herein the Site.
  3. You agree not to access Content through any technology or means other than the video playback pages of the Site, or other explicitly authorized means that DMA may designate.
  4. You agree not to use the Site for any of the following commercial uses unless you obtain DMA’s prior written approval:
    • the sale of access to the Site;
    • the sale of advertising, sponsorships, or promotions placed on or within the Site or Content; or
    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Site, unless other material not obtained from DMA appears on the same page and is of sufficient value to be the basis for such sales.
  5. Notwithstanding the foregoing, prohibited commercial uses do not include:
    • uploading an original video to the Site to promote your enterprise; or
    • any commercial use that DMA expressly authorizes in writing.
  6. You agree not to (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site(s) or in any way reproduce or circumvent the navigational structure or presentation of the Site(s) to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site(s), (b) attempt to gain unauthorized access to any portion or feature of the Site(s) or any other systems or networks connected to the Site(s) or to any DMA server or to any of the services offered on or through the Site(s), by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Site(s) or any network connected to the Site(s), nor breach the security or authentication measures on the Site(s) or any network connected to the Site(s), (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site(s), (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site(s) or DMA’s systems or networks or any systems or networks connected to the Site(s), (f) use any device, software, or routine to interfere with the proper working of the Site(s) or any transaction conducted on the Site(s), or with any other person’s use of the Site(s), (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to DMA on or through the Site(s), or (h) use the Site(s) in an unlawful manner. Notwithstanding the foregoing, DMA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. DMA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g., comments, email) for any commercial solicitation purposes, except as authorized by DMA in writing. You agree not to solicit, for commercial purposes, any users of the Site with respect to their Content, except as authorized by DMA in writing.
  7. In your use of the Site, you agree to comply with all applicable local, state or federal laws and regulations.
  8. DMA reserves the right to discontinue any aspect of the Site at any time for any reason.

6. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

  1. The Content on the Site, and the trademarks, service marks and logos (“Marks”) on the Site, are owned by or licensed to DMA, subject to copyright and other intellectual property rights under the law.
  2. Content is provided to you “AS IS”. You may access Content for your information and personal use solely as intended through the provided functionality of the Site and as permitted under these TOS. You shall not download any Content unless you see a “download” or similar link displayed by DMA on the Site for that particular Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of DMA. DMA and its licensors reserve all rights not expressly granted in and to the Site and the Content.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
  4. While DMA has endeavored to offer secure and reliable Site(s), you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, DMA is not responsible for the accuracy, reliability, or security of any information transmitted to or from the Site. In addition, you understand that when using the Site, you will be exposed to Content from a variety of sources, and that DMA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DMA and its affiliates with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless DMA and its affiliates and their respective employees, agents, directors, officers, representatives, owners, operators, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Site.

7. Your Content and Conduct

  • As a DMA account holder, you may submit Content to the Service, including videos and user comments. You understand that DMA does not guarantee any confidentiality with respect to any Content you submit.
  • You shall be solely responsible for your own Content and the consequences of submitting or publishing your Content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit, and you license to DMA all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication and use on the Site pursuant to these TOS.
  • For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to DMA, you hereby grant DMA a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and DMA’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these TOS. The above licenses granted by you in video Content you submit to the Site terminate within a commercially reasonable time, such time to be determined in the sole discretion of DMA, after you remove or delete your videos from the Service. You understand and agree, however, that DMA may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you with respect to user comments you submit to the Site are perpetual and irrevocable.
  • You further represent and warrant that Content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant DMA all of the license rights granted herein.
  • You further agree that you will not submit to the Site any Content or other material that is (a) contrary to the DMA 360 Community Guidelines, currently located here which may be updated from time to time, or (b) contrary to applicable federal, state, local or international laws and regulations.
  • DMA does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and DMA expressly disclaims any and all liability in connection with Content. DMA does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and DMA will remove any Content if properly notified that such Content infringes on any person’s intellectual property rights. DMA reserves the right to remove any Content without prior notice.
  • 8. Mobile Services

    Access to the Site is available to you via your mobile phone or other mobile (computing) device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Site. In addition, downloading, installing, or using the Site (or portions thereof) may be prohibited or restricted by your mobile carrier, and not all Site functionality may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Site is available from your mobile devices, what restrictions, if any, may be applicable to your use of the Site, and how much the related wireless services or data charges may cost you. Nevertheless, all use of the Site shall be strictly in accordance with this TOS.

    9. Feedback

    DMA welcomes your feedback and suggestions about DMA’s programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to DMA, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to DMA and enable DMA to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for DMA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

    10. Account Termination Policy

    1. DMA may terminate a user’s access to and use of the Site at any time in its sole discretion or for violation of this TOS. In addition, DMA will terminate a user’s access to the Site if, under appropriate circumstances, the user is determined to be a repeat infringer of this TOS.
    2. DMA reserves the right to decide whether Content violates these TOS for reasons other than intellectual property infringement, such as, but not limited to, pornography, obscenity, or excessive length. DMA may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these TOS.

    11. Digital Millennium Copyright Act

    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (DMA’s Accountability Department) with the following information in writing (See 17 U.S.C 512(c)(3)):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      You may direct copyright infringement notifications to our DMA Accountability Department, Attention: DMCA Compliance Notice, 1333 Broadway Suite 301 New York, New York 10018, or email Ethics@thedma.org. For clarity, only DMCA notices should go to the DMA Accountability Department. You acknowledge that if you fail to comply with all of the requirements of this Section 5, your DMCA notice may not be valid.

    2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the DMA’s Accountability Department:
      • Your physical or electronic signature;
      • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of New York State, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by the DMA Accountability Department, DMA may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DMA’s sole discretion.

    12. Disclaimer

    WHILE DMA ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, DMA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS DESCRIBED IN OR AVAILABLE THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DMA AND ALL OF ITS AFFILIATES AND THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, PROPRIETORS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. DMA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. DMA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DMA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    13. Limitation of Liability

    IN NO EVENT SHALL DMA AND ITS AFFILIATES AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR RELATED TO ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR OUR PRODUCTS OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DMA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DMA UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.

    14. Indemnity

    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless DMA and its affiliates and all of their officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. DMA reserves the right to take over the exclusive defense of any third party claim or action and in such event, you shall provide DMA with such cooperation as is reasonably requested by DMA. You hereby release DMA and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site.

    15. Ability to Accept Terms of Service

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, you must immediately exit the Site.

    16. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DMA without restriction.

    17. Injunctive Relief

    You acknowledge that any breach, threatened or actual, of this TOS, including, without limitation, violations or infringement of DMA’s intellectual property or proprietary rights, may cause irreparable injury to DMA, whereby such injury would not be quantifiable in monetary damages, and DMA would not have an adequate remedy at law. In the event of such injury or potential for such injury you therefore hereby agree that DMA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS.

    18. General

    You agree that: (i) the Site shall be deemed solely based in New York; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over DMA, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and DMA that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in New York. These Terms of Service, together with the Privacy Notice here, the DMA 360 Community Guidelines, and any other legal notices or policies published by DMA on the Site, shall constitute the entire agreement between you and DMA concerning the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and DMA with respect to this Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DMA’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND DMA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The Site is controlled and offered by DMA from its facilities in the United States of America. DMA makes no representations that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is prohibited. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

    Dated: April 18, 2017

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