Athena by a4™ TERMS OF USE | a4 Advertising

Athena by a4™ TERMS OF USE

Welcome to Athena by a4 (“Athena”). By using Athena and providing information to us, you agree to the following terms of use (“Terms of Use”). References to “Athena” include the platform site and any service provided thereon.  Athena is provided by a4 Media, LLC (“a4 Media,” “us,” “we”).

 

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD DISCONTINUE ALL USE OF ATHENA IMMEDIATELY.

 

AUTHORIZED USERS

Use of Athena is restricted to a4 Media’s advertiser and agency clients (“Clients”) and their authorized representatives, and you agree not to allow any unauthorized person to access AthenaIf you are using Athena on behalf of a Client, you represent and warrant that you are an authorized agent of such Client and have the authority to agree to these Terms of Use on such Client’s behalf.

 

ACCOUNT SECURITY

You will receive a password and account designation upon completing the Athena registration process. Each registration is for a single user only, unless otherwise expressly authorized by us. You may not share or disclose your login credentials and may not take screenshots or otherwise copy or duplicate any content or suggested media plan(s) from Athena or otherwise share such information with any third party.  You are responsible for all activities that occur through your account, and you agree to immediately notify a4 Media if you suspect or become aware of any loss or theft of your password or of any unauthorized use of your password or account or any other breach of security.

 

RESTRICTIONS ON USE

Athena is provided to you solely for media planning and campaign order booking purposes, in each case solely in connection with multi-screen media purchased from a4 Media.  You agree to use Athena in accordance with all applicable laws, rules and regulations (“Laws”) and with these Terms of Use.  You agree not to attempt to access Athena by any means other than through the interface that is provided by a4 Media. You agree not to reproduce, republish, share, sell, or otherwise use Athena or any material on Athena except as expressly permitted by us, and you agree not to use Athena for any unlawful or improper purpose.  You also agree not to use Athena in any way that may cause damage to Athena or impair the availability or accessibility of Athena.

 

POLITICAL CAMPAIGNS; USE OF VOTER DATA; NO FOREIGN PRINCIPALS

You may book political advertising campaigns through Athena so long as such advertising complies with applicable Laws and all applicable requirements (including disclosure requirements) imposed by our ad-serving partners.  Certain states have enacted laws that require certain information about state and local political advertising campaigns to be collected, retained and/or made available to the public and/or regulatory agencies.  To the extent such laws apply to your campaign, you agree to timely provide any required information. Failure to timely provide such information may delay or prevent your campaign from being launched. Athena contains political data gathered from state voter registration records, which is subject to legal restrictions on use.  You agree to use any political data only for legally permitted political advertising purposes and not for any commercial advertising purposes (e.g., marketing commercial goods or services).

 

Unless specifically authorized by a4 Media, in no event may Athena be used to plan or book any political campaign on behalf of any “foreign principal” or “agent of a foreign principal” as defined in the Foreign Agents Registration Act of 1938, as amended (“FARA”). The term “foreign principal,” as defined in Section 1(b) of FARA, includes a foreign government, foreign political party, foreign organization, foreign individual, and the term “agent of a foreign principal,” as defined in Section 1(c) of FARA , includes any organization or individual any of whose activities are directly or indirectly supervised, directed, controlled, financed or subsidized in whole or in major part by a foreign principal. You agree not to use Athena in any way to plan, book or otherwise support a political campaign for the benefit of a foreign principal or agent of a foreign principal without a4 Media’s express written consent.

 

ORDER TERMS AND CONDITIONS
All campaign orders booked through Athena and all related creative, data, or other information or materials (“Content”) you upload to Athena or transmit using or in connection with Athena in any way, are subject to our Privacy Policy, which may be revised from time to time.

 

CUSTOM LIST UPLOADER

Athena’s Custom List Uploader feature enables you to upload a list for custom matching and create a custom audience (“Custom Data”). You hereby grant to a4 Media a non-exclusive, non-transferable license to access and use the Custom Data solely to provide requested services to you or your applicable Client. By uploading a custom list to Athena, you expressly represent and warrant that (i) the Custom Data will be provided in the form and format specified by a4 Media and will only include names (if available) and postal addresses for persons age 18 and older in U.S. households and will not contain any other information, including any other personally identifying information (“PII”) or any demographic information, (ii) the Custom Data is not regulated data (e.g., data subject to HIPAA or Gramm-Leach-Bliley regulations), (iii) all Custom Data has been collected, maintained and provided in compliance with all applicable privacy policies and Laws, (iv) you have all consents or other rights needed to provide the Custom Data to us via Athena for use in performing services for you, including performing the custom list match and running targeted advertising based on the match results, and (v) our use of the Custom Data as contemplated herein will not violate any Laws or any third party rights. We may impose minimum requirements for unique records in uploaded files and match files to comply with our data privacy requirements and those imposed by our ad serving partners.

 

CCPA COMPLIANCE

All capitalized words used in this paragraph shall have the same meaning as in the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100-1798.199 (as it may be amended from time to time) (the “CCPA”). To the extent that we provide Processing related services to you or your Client with respect to any Custom Data, you and we agree that we are designated a Service Provider under the CCPA. With respect to any Consumer Personal Information you provide to us for a Business Purpose, we agree to: (i) not Sell, retain, use, or disclose such Consumer Personal Information for any purpose other than the Business Purpose specified herein or otherwise permitted by the CCPA; (ii) comply with the CCPA in connection with the Processing of such Consumer Personal Information; and (iii) promptly cooperate with you in responding to and fulfilling any access, opt-out or deletion requests received from Consumers to exercise rights under the CCPA.

 

PAYMENTS
Unless otherwise authorized by a4 Media, when you book a media campaign using Athena, we will process your payment information using “Stripe” as our third-party provider for payment services (e.g. card acceptance and related services). Please see our Privacy Policy for information about our privacy practices regarding your payment information and the applicable terms and conditions and privacy policy of our third-party payment service provider. After you elect to book a plan, Stripe will process the transaction amount and your credit card or debit card will then be charged.

 

FEEDBACK

You agree that we own any suggestions, enhancement requests, recommendations or other feedback you provide relating to Athena (“Feedback”), without any obligation of attribution or compensation, however, we will not disclose your Feedback to any unaffiliated third party in a manner that can be attributed to you without your consent.

 

CONFIDENTIALITY; PROPRIETARY RIGHTS

Athena contains proprietary and confidential information that is protected by applicable intellectual property and other laws.  a4 Media and its licensors own all rights in Athena, all information therein, all modifications, enhancements and derivatives thereof, and all related intellectual property rights.  All such rights are reserved (subject only to the limited right to use set out in these Terms of Use), and you agree not to take any action that is inconsistent with those rights.

 

AVAILABILITY

Athena may be temporarily unavailable from time to time for maintenance or other reasons, and a4 Media does not warrant Athena availability or that Athena will be uninterrupted or error-free.  a4 Media reserves the right to modify or discontinue Athena at any time.

 

DISCLAIMERS
ATHENA IS PROVIDED “AS-IS” AS A PLANNING TOOL FOR CONVENIENCE ONLY, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  A4 MEDIA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY AND NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.  A4 MEDIA DOES NOT WARRANT THE ACCURACY OF ANY INFORMATION ON ATHENA OR THAT YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM THE USE OF ATHENA.

 

INDEMNITY
You and the Client (if applicable) agree to indemnify and hold a4 Media, its affiliates, and each of their respective agents and representatives (the “a4 Parties”) harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or relating to your use of Athena, any Content (including any Custom Data) you provide, and any violation of these Terms of Use, any Laws or any rights of any third party by you or, if applicable, the Client.

 

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO A4 PARTY SHALL BE LIABLE TO YOU OR THE CLIENT (IF APPLICABLE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (REGARDLESS OF FORESEEABILITY AND EVEN IF AN A4 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE ATHENA OR ANY OTHER MATTER RELATING TO ATHENA, INCLUDING ANY ORDERS PLACED USING ATHENA; EXCEPT THAT OUR LIABILITY FOR DIRECT DAMAGES UNDER ANY ACCEPTED ORDER PLACED THROUGH ATHENA SHALL BE LIMITED AS SET FORTH IN OUR ORDER TERMS.

 

TRADEMARKS AND PATENTS

“Athena by a4,” “a4,” “a4 Media” and a4 Media’s other graphics, logos, designs, and service names are trademarks or trade dress of a4 Media and may not be used without a4 Media’s prior written permission.  Athena by a4 is protected by U.S. Patent No. 10,075,756 and other U.S. patents pending.  Voter-targeted digital advertising products and services are protected by U.S. Patent Nos. 9,092,805 and 8,763,033, and other foreign patents pending.

 

ATHENA PRIVACY POLICY

Registration data and other information collected and used by Athena is subject to our Privacy Policy. You understand that through your use of Athena, you consent to the collection and use of this information as set forth in the Privacy Policy.

 

TERMINATION OF RIGHTS

We reserve the right to disable your user ID and password if you breach any of these Terms of Use, or otherwise in our reasonable discretion.

 

CHANGES TO THESE TERMS OF USE

We may revise these Terms of Use at any time by posting any changes and/or updates directly on this page. We encourage you to visit this page periodically to review our current Terms of Use.

 

Effective: June 17, 2020