Interactive Advertising Bureau

General Terms Of Use

Article 1 – Information on IAB Europe

1.1. Service provider

The website https://iabeurope.eu and its subdomains (hereinafter the “Website”) is administered and exploited under the responsibility of INTERACTIVE ADVERTISING BUREAU EUROPE A.I.S.B.L. (hereinafter “IAB Europe”), having its registered offices at 1040 Brussels (Belgium), Rond-Point Schuman 11, registered at the Central Bank of Enterprises under number 0812.047.277.

Any question or complaint related to the use of the Website or the functioning of the services proposed by IAB Europe (hereinafter the “Services”) may be addressed to IAB Europe:

– by means of the contact form made available on the Website ; – by e-mail sent to the following e-mail address: communication@iabeurope.eu ; – by sending a letter to the following address : IAB Europe, Rond-Point Schuman, 11 1040 Brussels (Belgium) ; – by phone to the following phone number+32 (0) 2 256 75 10 

1.2. General terms

Access to and use of the Website are subject to the present General Terms of Use (hereinafter the “Terms”) and to the Privacy Policy, as well as to the Belgian law. Consequently, access to the Website implies the surfer’s full consent without any reservations with the present Terms and the Privacy Policy.

The Terms and the  Privacy Policy exclusively govern the relationship between the visitor of the Website (hereinafter the “User”) or the person registered according to Article 4.1 (hereinafter the “Member”) and IAB Europe, in connection with the Services and the use of the Website.

These Terms may be consulted at all times on this URL: https://iabeurope.eu/general-terms-use/

IAB Europe reserves the right to modify and update these Terms, the access to the Website and its content at all times and without prior notification. Such modifications are opposable to the Users and Members upon each visit to the Website. IAB Europe recommends to consult them regularly.

In case of any inconsistencies between different language versions of these Terms and of the Privacy Policy, the French version shall prevail.

1.3. Information on third-parties applications

The Website integrates third-parties applications (hereinafter the “Third-parties applications”), such as Twitter. These applications are subject to their own terms and conditions and privacy policies, which can be consulted on the respective websites of the concerned third-parties.

Third-parties applications are not controlled by IAB Europe, who consequently bears no responsibility in this respect.

Article 2 – Content of the Website

1. General description

The Website https://iabeurope.eu is a corporate website providing information and news about IAB Europe, its member network and the digital industry (e.g. press releases, research, policy news, events).

2. Access to the Website, its functionalities and conditions pertaining to them

Consultation of the Website

Simply visiting and consulting the Website is unrestricted and free. However, access to certain functionalities described under article 3 is however only possible after prior registration as a “Member” by filling in and submitting the online form on the Website, under the condition that the company where the user currently works for is listed as a Corporate, Associate Member of IAB Europe or a National IAB Member of IAB Europe. The functionalities are free of charges. IAB Europe reserves the right to stop offering a service free of charge and start offering it against payment. In such a case, Members will be warned by means of the Website, and by email, and will have the possibility to choose to continue or not to use the concerned service. Services with reserved access Subscription as a Member” is free and provides access to the additional content of the Website (research papers, documents, presentations published by IAB Europe, information about other members, possibility to submit job offers), information about their Committees/Task Force activities (events, news, documents, etc.) in case a “Member” part of a Committee, possibility to submit best practices for IABs in Europe in case a “Member” works for an IAB member of IAB EuropeThe suitability of the appearance of a best practice, document or job offer on the Website and its content are controlled by IAB Europe. IAB Europe reserves the right to reject, remove or modify any best practice, document or job offer at their sole discretion and without notice. In such a case, the Member will be informed via an email on the email address indicated in the subscription form.  IAB Europe aims at publishing the submitted content within 48 hours. However, IAB Europe shall not bear any responsibility for any damage or loss of profit suffered by the Member as a consequence of a publication after this period.

Article 3 – Electronic agreement

 3.1. Communication of essential information

Essential information related to the Service is communicated to the Member upon subscription to IAB Europe Membership.

 3.2. Electronic proof

In the event of litigation, the parties agree that any reproduction by IAB Europe of data stored on its servers concerning the use of the Website, e.g. the Member’s password, will prevail between parties.

Article 4 – Member status

4.1. Subscription

Subscription as Member is reserved to legal and natural persons aged 18 or more, enjoying full legal capacity and acting as professionnals (by no means as consumers). IAB Europe reserves the right to request at any time a proof of identity and legal capacity of a Member or an User who wishes to subscribe as a Member. After submitting the subscription form on the Website, the User receives a confirmation on the email address indicated on the form, stating the username and password. Subscription as a Member is complete once the User has received the confirmation email sent by IAB Europe. The Member may identify himself on the Website by introducing his username and password in the appropriate fields. Registration as Member leads to the registration of certain data of the User in the database of IAB Europe.Where applicable, all data gathered during registration are processed in accordance with the Act of 8 December 1992 on Privacy Protection in relation with the Processing of Personal Data, as described in the Privacy Policy. The Member who is a natural person may at any time request to cancel its registration as a Member. Its personal data and user account will then be deleted within due time. 4.2. Rights and obligations of the Member The Member agrees to abide by all directions of conduct and requirements present on the Website as well as by any reasonable request or instruction given by IAB Europe regarding the Website or the Service. The Member must ensure that all the information given is correct and up-to-date. The Member is responsible for the use of and the access to their account. In this regard, the Member must ensure that no other person has access to the Website with their password. In the event that the Member has knowledge of any person accessing the Website with their password, they must duly inform IAB Europe thereof without delay by email on the following address: communication@iabeurope.eu The Member are solely and entirely responsible for any activity taking place with use of their account and IAB Europe cannot and may not be held liable for any loss or damage suffered by the Member due to the misappropriation of their password by others, even without the Member knowing. 4.3. Content put online by the Member The Member can submit content for publication onto the Website (images, text, or other) (hereinafter the “Content”). IAB Europe controls the suitability of the content submitted for publication on the Website on the sole basis of the information provided by the Member.  This summary control by IAB Europe prior to publication does not prejudge or guarantee in any ways that all information and data on the Website is complete, accurate, adequate and trustworthy, or in accordance with the applicable law, or not violating any rights of third parties. IAB Europe expressly waives all possible responsibility for the Content published on the Website by the Member. The Member recognizes that he remains solely responsible for the Content which is put online by him and all consequences from its communication. The Member represents and warrants that he disposes of all necessary authorizations for putting the Content online and for its communication. The Member agrees not to communicate, upload, display any Content which third parties may have rights on (including privacy rights or publicity rights, more specifically with regard to pictures), unless express, prior authorization from those third parties has been obtained.The Members hold IAB Europe harmless from any action or complaint by any third parties (including public authorities) in relation to the Content. IAB Europe may, at its sole discretion, control the Content after publication. It reserves the right to delete any Content in violation of the Terms or which it received a complaint for. IAB Europe may exercise this right at any time, without notice and at its sole discretion. IAB Europe reserves the right to cancel or suspend the status of a Member at any time when certain elements may lead to conclude that the applicable law, these Terms or rights of third parties are violated, or that the status of the Member concerned harm or may harm the interests of IAB Europe or other Members.

Article 5 – Intellectual Property Rights

5.1. The Website and all its components (marks, logos, graphics, photographs, animations, videos, music, text, etc.) are the property of IAB Europe or its partners. They are protected by intellectual property rights (more specifically copyrights and neighbouring rights, trademark rights, etc.) and may not be reproduced, used or communicated without prior and written authorization from IAB Europe or from the rightsholder, otherwise such actions constitute a violation of copyrights and/or designs and/or trademarks, punishable with imprisonment and fines, without prejudice to civil damages. 5.2. IAB Europe hereby grants to the User and the Member a non-exclusive, non-transferrable licence for an indefinite duration and revocable at all times without any reason, to access the content of the Website, to display and download such content for display purposes only. The User and the Member may also print a copy of the displayed content on the Website for personal use, provided that they do not alter the content of the Website in any way and provided that they preserve all credits to the creator and origins of the Website. The User and the Member agree to refrain from circumventing the technical protective measures of the documents and multimedia elements. Reproduction is not authorized unless for strictly personal purposes in accordance with Article 22, §1, 4° of the Belgian Copyright Act of 30 June 1994. After viewing the content of the Site, or termination of this authorization, the User and the Member must destroy any downloaded materials owned, whether in electronic or printed.

5.3. The User and the Member undertake, in particular, not to:

– modify or copy the materials found on the Website, except under the conditions specified in Article 5.2 ; – use this material for any commercial purpose or any part of any public display (whether or not of a commercial nature) ; – attempt to decompile or reverse engineer any software contained on the Website ; – clear from documentation any mention of a copyright or an exclusive proprietary right ; – transfer the materials to a third-party or duplicate it on another server. 5.4. Any violation of any of the above restrictions will result in immediate termination of this authorization, which IAB Europe reserves the right to terminate at any time. 5.5. The Website may exclusively be linked to by using hyperlinks to the front page on the URL https://iabeurope.eu. Any hyperlink to other, interior pages of the Website is prohibited, unless express, prior authorization is given by IAB Europe.

5.6. Any other use of the Website and its components, not explicitly treated in this article, is strictly prohibited.

Article 6 – Responsibility related to the use of the Website

6.1. Availability and functioning of the Website

IAB Europe ensures, to the extent possible, that the Website remain accessible for a normal number of User and Members. IAB Europe cannot guarantee the normal functioning of the Website at all times without any interruption or error, nor that any flaws are immediately solved, nor that the Website and the server hosting it are completely free from viruses or other malicious elements. IAB Europe reserves the right to suspend or stop all or part of the Website at all times without any prior notice. IAB Europe cannot and may not be held responsible for any loss and/or damage of any kind resulting from the suspension, interruption, (technical) interference, delay, difficult access and/or blocked access to whole or part of the Website, or any virus or other malicious elements present on the Website. Users or Members who notice the presence of viruses or other malware on the Website are kindly asked to notify IAB Europe thereof on the following address: communication@iabeurope.eu in order to enable IAB Europe to take appropriate measures. IAB Europe advises Users and Members to install proper firewalls, antiviruses and other software on their end-user devices to protect them from any damage. 6.2. Content and use of the Website Users and Members use the Website at their own risk. Within the limits of the applicable law, the Website, its components and all information, software, installations and services pertaining to the Website are delivered as such, as available without any guarantees (not explicit, nor implied) and within the boundaries set by law. Are amongst others excluded, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or non-infringement of other rights. In addition, IAB Europe gives no warranty and makes no representation regarding the accuracy, likely results, or reliability of the use of its Website content, or any component thereto in any manner or information contained on other websites to which the Website of IAB Europe refers through hyperlinks. In any case, IAB Europe or its partners shall not be held liable for any loss or damage (direct, indirect, tangible or intangible, including – without limitation – of harm inherent in the loss of data or profit, or resulting in an operating loss) arising out of the use or inability to use the Website or its content, even if IAB Europe or one of its duly authorized representatives has been informed orally or in writing of the possibility of such damages. The presence of technical or typographical errors on the Website cannot be excluded. IAB Europe does not guarantee the accuracy or completeness or updating the content of its website. IAB Europe reserves the right to modify the content of the Website at any time and without notice. However, IAB Europe does not undertake to update its content. 6.3. Links to or on other websites Hyperlinks to other websites may be placed on the website. Certain websites may include a link to the Website. Third party websites are not controlled by IAB Europe, the latter does not assume any responsibility for their functioning, content or use. Except when stated otherwise on the Website by IAB Europe, the existence of these links do not imply any endorsement on behalf of IAB Europe of these websites or their use, nor do these links imply any association or partnership with the owners of such websites. The User and the Member bear full and entire responsibility for consulting such websites related to the Website.

Article 7 – Validity of the contractual provisions

7.1. Disuse of any provision of these Terms by IAB Europe cannot be interpreted as yielding all future use of the rights described in such provision. 7.2. The nullity, invalidity or unenforceability of all or part of the provisions in these Terms will not affect the validity or enforceability of any other provision of the provisions in these Terms. In case of partial or entire nullity, invalidity or unenforceability of a provision, such provision shall be presumed to be unwritten. IAB Europe agrees to substitute such provision with another provision having the same effect to the extent possible.

Article 8 – Applicable law and competent court

8.1. All claims related to the Website shall be submitted and interpreted according to legislation in force in Belgium, without consideration to provisions in matters of conflicts of laws. 8.2. The courts of Brussels are exclusively competent for any litigation concerning these Terms.

IAB Europe
Rond-Point Robert
Schuman 11
1040 Brussels
Belgium
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