Terms & Conditions of Use Agreement

AdAge.com and its associated news, data, research and other products; including news alerts, newsletters, information, data, images, reviews, videos, and other content, (collectively referred to as "AdAge.com") is a news and information service from Advertising Age and Crain Communications Inc ("Advertising Age"). By using AdAge.com, you agree to be bound by all of the terms in this Terms and Conditions of Use Agreement (the "Agreement"). If you do not fully agree with this Agreement, do not use AdAge.com. Your failure to follow this Agreement may result in termination of your access to AdAge.com by Advertising Age, without notice and in addition to any other remedies available to Advertising Age. Advertising Age may change the terms in this Agreement at any time. When the terms are changed, Advertising Age will notify you by posting a notice on AdAge.com, and the changes will appear in this document. By using AdAge.com after any change in the Agreement is posted, you agree to be bound by all of the changes as well.

COPYRIGHT AND LIMITATIONS ON USE

The information available through AdAge.com is the property of Advertising Age and others and is protected by copyright and other intellectual property laws. Information received through AdAge.com may be displayed, reformatted and printed for your personal, noncommercial use only, provided you abide by this Agreement. Without the prior written consent of Advertising Age, you agree not to:

• Store, post, create a database from, or otherwise archive the articles, data, information, images, works or other materials (the "Content") from AdAge.com on a personal computer, local or wide area networks, online services, electronic bulletin boards or forums, Internet sites or any other server that is Internet-enabled;
• Reproduce, retransmit, distribute, sell, publicly display, publish, post to newsgroups or electronic bulletin boards, or broadcast the Content received through AdAge.com to anyone, including to others in the same company or organization;
• Use any of the Content in competition with Advertising Age (whether or not such use would constitute a fair use under 17 U.S.C. § 107 or is substantially similar to the Content), including without limitation by using such Content as a principal source of a work distributed or displayed in connection with a commercial print- or web-based information source;
• Create abstracts from, scrape or display headlines from AdAge.com for use on another web site or service; or
• Frame, or use other means of redirecting, AdAge.com or the Content.

You may, on an occasional basis, include insubstantial portions of the Content from AdAge.com in memoranda, reports and presentations, but only if such memoranda, reports and presentations are distributed in paper form, for a noncommercial purpose, to a limited number of individuals. You must include in all such memoranda, reports and presentations the phrase "Reprinted with permission from Crain Communications Inc., Copyright [year of article]" Additionally, you agree to pay and authorize Advertising Age to assess you licensing fees at Advertising Age's standard reprint pricing for your use of the Content in violation of the Copyright and Limitations of Use restrictions above.

DISCLAIMER OF WARRANTIES AND LIABILITY

Due to the number of sources from which information on AdAge.com is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and AdAge.com. AdAge.com may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. Advertising Age does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions or recommendations.

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH ADAGE.COM IS PROVIDED "AS IS". ADVERTISING AGE AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH ADAGE.COM. NEITHER ADVERTISING AGE, NOR ANY OF ITS AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING ADAGE.COM AND ANY NEWS AND INFORMATION THROUGH ADAGE.COM. IN NO EVENT WILL ADVERTISING AGE, ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF ADVERTISING AGE, ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH ADAGE.COM OR THE INFORMATION IN ADAGE.COM SHALL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO ADVERTISING AGE FOR USE OF ADAGE.COM. USER-PROVIDED CONTENT AND LICENSE

By posting or submitting comments, reviews, ideas, photography or other content on AdAge.com, you represent and warrant that you own or otherwise have sufficient rights to the content that you provide, that the content is accurate, that it does not violate this Agreement or any applicable law, and that it will not violate the rights of any person or entity. You further grant us a non-exclusive, perpetual, irrevocable license and right to use any of your user-provided content for any purpose. This grant of rights and license applies to use of your name, photo, likeness, voice, and other personal information, if included in the user-provided content and allows Crain to display, distribute, reproduce, modify, translate, edit, and create derivative works from the user-provided content throughout the world for any purpose and in any media (including for advertising, marketing or other commercial purposes). Advertising Age reserves the right to delete or edit any of your comments or content at any time, for any reason, but has no obligation to review or remove any such comments or content. We further reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.

You agree to not post material that:
• contains vulgar, profane, abusive or hateful language, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
• is defamatory, threatening, false, misleading, fraudulent, unfair, contains gross exaggeration or unsubstantiated claims, or violates the privacy rights of any third party;
• violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
• unfairly interferes with the uninterrupted use and enjoyment of AdAge.com;
• advertises or offers to trade any goods or services, except in areas specifically designated for such purpose;
• includes copyrighted or other proprietary material of any kind without the express permission of the owner of that material; or
• contains or transmits viruses or other harmful, disruptive or destructive files.

MISCELLANEOUS

Through your use of AdAge.com, you may be provided with hyperlinks to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors to AdAge.com. Advertising Age has no control over those sites and resources, or over the advertising material presented by third-party advertisers and sponsors through AdAge.com. You agree that Advertising Age will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource. Advertising Age may discontinue or change AdAge.com, or its availability to you, at any time without notice. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. The Privacy Policy and this Agreement are, together, the complete and entire agreement between you and Advertising Age and supersedes any prior agreement, whether oral or written. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of New York governing contracts wholly entered into and wholly performed within New York and any action to enforce this Agreement or in any manner related to AdAge.com shall be brought exclusively in the federal or state courts located in New York, New York, and you agree to submit to the jurisdiction of such courts. You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse Advertising Age for all of its costs, expenses and fees (including all attorney's fees) arising from or relating to your breach. If you believe that your work has been copied and is accessible through AdAge.com in a way that constitutes copyright infringement, or that AdAge.com contains a link or other reference to another online location that contains materials or activity that infringes on your copyright rights, you may notify Crain Communications Inc. by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 to the following address:

Crain Communications Inc.
Attn: Legal Counsel
1155 Gratiot Avenue
Detroit, Michigan 48207-2913

Phone Number 313-446-6000