Privacy Policy and Patent Notice

measureAd, a service of CreativeKnowledge, Inc., is used to help with the collection of advertising data as part of a broad market research effort by comScore, Inc. to create reports on Internet behavior and trends. comScore, Inc. is a recognized authority on Internet and general economic trends, whose data are routinely cited by major media outlets such as the New York Times, the Wall Street Journal, and CNBC, and is extensively used by the largest Internet services companies and scores of Fortune 500 companies. To learn more about comScore, please see www.comscore.com.

How do you use tagging and cookies to collect information?

As part of this market research effort, participating advertisers agree to deploy measureAd code (typically Flash or Java) in their advertisements. This code sends a message through ScorecardResearch, also part of the comScore market research group. The message allows comScore to study how well those ads work for different audiences, and this measurement data is then used by comScore to create reports that are provided to the advertisers, ad agencies and others with an interest in Internet behavior.

What information, including personal information, is collected?

The measureAd code is not used to identify the user visiting a page, and there is no personally identifiable data transmitted by or linked to the measurement code.

How is the information used?

This information helps comScore's clients understand general visitation patterns to the participating website.

How do I opt out?

To opt-out of the measurement of advertisements associated with your browser, please click here. As described above, measureAd sends a message to ScorecardResearch which then measures the ad. By opting out, ScorecardResearch will drop a cookie on your machine that will preclude any measurement associated with this process from being associated with your machine.

It is important that you understand that this opt-out is cookie based (i.e., a cookie must be on your computer to tell our systems that you have opted-out). So, if you delete, block or otherwise restrict cookies, this opt-out may not be effective. Additionally, because different computers and different Internet browsers all require their own version of the opt-out cookie, you need to perform this opt-out process on any computers and browsers that you want to be opted-out.

How will I be notified of changes to this Agreement?

If we change our practices in how we handle the data we collect, or if we change other aspects of our program, we will post these changes on this website, and the changes will be effective immediately upon such posting. If you do not agree with any of the changes, you may opt out of data collection as described above.

What are the other legal terms and conditions of participating in this program?

Governing Law: You agree that any dispute or claim arising out of this program or agreement shall be settled by binding arbitration in Fairfax County, Virginia under the American Arbitration Association Rules. You acknowledge that you, CreativeKnowledge and comScore agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The proceedings shall be conducted and all evidence shall be offered in the English language. Regardless of any law to the contrary, any claim against us must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. We agree that regardless of any law to the contrary, that the arbitrator shall have no authority to award, punitive or exemplary damages against any party to this agreement.

Notwithstanding the above, comScore or CreativeKnowledge (collectively, "we" or "us") we may apply to any court of competent jurisdiction for a temporary restraining order or other interim relief, as necessary without breach of this agreement and without abridgment of the powers of the arbitrator.

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS AND SUCH LAW SHALL BE APPLIED BY THE ARBITRATOR TO THE MERITS OF ANY DISPUTE OR CLAIM. FOR ANY NON-ARBITRAL ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS PROGRAM OR THIS AGREEMENT, SOLE AND EXCLUSIVE JURISDICTION SHALL RESIDE WITH THE APPROPRIATE STATE COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA OR FEDERAL COURT LOCATED IN ALEXANDRIA, VIRGINIA.

While this program is available on the Internet to international users, the program is and remains a U.S. offering and all use of the information collected is and shall remain subject to U.S. law and practice. International users must take this into account and should consult their local laws and independently determine whether participation is desired given these facts.

Third Party Rights: This agreement shall not create any rights or remedies in any parties other than you, CreativeKnowledge, and comScore, and no person shall assert any rights as a third party beneficiary under this agreement.

Assignment: You may not assign this agreement or any rights or obligations under this agreement without our prior written approval. We reserve the right to assign this agreement, and its rights and obligations, to a third party without your prior consent, on the condition that the assignee agrees to be bound by the terms and conditions of this agreement.

Waiver: The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

Severability: If any provision of this agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced.

Indemnity: You agree to defend, indemnify and hold us and our affiliates, officers, directors, and employees harmless from and against any and all claims, losses, damages, liabilities and costs including without limitation, reasonable attorney's fees, arising out of or relating to your breach of this Agreement or misuse of this program.

Disclaimers of Warranty: YOU ACKNOWLEDGE THAT THIS PROGRAM AND ALL CODE, CHANGES TO YOUR COMPUTER, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE AS PART OF THIS PROGRAM ARE PROVIDED 'AS IS.' OUR COMPANIES, SERVICE PROVIDERS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

UNDER NO CIRCUMSTANCES WILL OUR COMPANIES, SERVICE PROVIDERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING IN ANY WAY FROM THIS PROGRAM. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY OR DISCLAIMER OF WARRANTY PROVISIONS, OUR COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Third Party Products and Services: We neither endorse nor accept responsibility for any third party materials accessed through the Internet.

International Visitors and the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks: MeasureAd complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area and Switzerland to the United States. To learn more, please view our EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Statement.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between comScore, CreativeKnowledge and you with respect to the subject matter contained in the Agreement.

measureAd does not react to Do Not Track signals because there is no standard for how those signals are sent.

This Agreement is effective as of May 25, 2017.

Whom can I contact if I have additional questions?

The program sponsor is CreativeKnowledge, Inc. If you have any questions about the above Privacy Statement & User License Agreement, our practices or your interactions with this website and this program, you may contact the program sponsor at:

privacy@creativeknowledgeinc.com
Privacy Office
CreativeKnowledge, Inc.
11950 Democracy Drive
Suite 600
Reston, VA 20190
USA

LP 1721