Terms & Conditions

WhichTestWon LLC (“BEHAVE”) operates the website located at www.BEHAVE.org (the “Site”).  The use of the Site is subject to the following terms and conditions (the “Terms”).  Please read these Terms carefully.   By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification.  If you do not agree to these Terms, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site.  If you have any questions about the Terms, please contact us at customerservice@BEHAVE.com.

Privacy 

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.  You can access our Privacy Policy here.

Comment & User Generated Content Usage

If you use our forms to post comments, suggestions or to join the public conversation on this Site, your email will not be publicly posted. Your submission itself may be moderated by our editorial staff prior to posting. Subject to these Terms, we will not change or edit the body of your posting, unless you include an external URL in the comment. We will remove third-party URLs from comments. We will delete or refuse to publish a comment it if it appears to be on a completely unrelated topic, self-promotional, a duplicate posting, otherwise spammy in nature, or contains inappropriate language or content. You are wholly liable for the contents of your posting. By posting the comment on our Site you give us the assignable and sublicensable rights to use, publish or republish it in any format we desire at any time we wish without contacting or compensating you.

Awards Entries, Tests & Case Studies Submitted to BEHAVE

When you submit an entry for any of our Awards including the Testing Awards and Email Awards or test information or a case study toWhichTestWon LLC, you certify that you have the right to reveal this information — including creative samples, test background, and data—and to submit it for publication by BEHAVE.  By submitting an entry to any of our Awards, including the Testing Awards and Email Awards: (i) you agree that BEHAVE owns all right, title and interest in and to all tests, awards and related content – to the extent any rights do not vest in BEHAVE or any pre-existing rights exist, your submission thereby grants BEHAVE the non-exclusive, transferable, perpetual right to distribute, publish and use all information and content submitted and any related or derived content in any medium for any purpose; (ii) you represent that you have received all necessary permissions and rights from your clients/partners to submit this test and grant the above rights and agree that this allows all materials to be publically shown on BEHAVE’s website and awards broadcasts or used in tests of the week or case studies; (iii) you acknowledge that you are submitting original content, not otherwise published elsewhere and not infringing on any third party rights; and (iv) you declare the information to be accurate and factual and that it is not fabricated or falsified in any way.

For Awards submissions, if you clearly so request in writing at the time the information is provided to our editors, we will withhold from publication specific results data. However, that information will be shared privately among our judges, who will include named outside experts as well as our own staff.

For test and case studies, we will use commercially reasonable efforts to honor reasonable restrictions you may choose to place on the use of the submitted information, including using information for background material only or limiting the data to our published newsletter only, provided those restrictions are clearly communicated at the time the information is provided to our editors. Notwithstanding the foregoing, we reserve the sublicensable, assignable rights to publish, to create derivative works from, or otherwise use your submitted creative samples, test information, and results in any format for any purpose we desire at any time we wish without contacting or compensating you.

We do make a significant effort to credit the sources, agencies, technology vendors and brand names behind each test we publish or cite information about both during original publication and in derivative works. Whenever possible, we also include links to the brands’, vendors’ and agencies’ Web sites or informational profiles on our site. However, we do not guarantee nor promise such attribution as it will not always be possible or appropriate within the restrictions of a media or presentation format.

Fair Use & Copyright

Images of people, places and/or products posted on this Site are either the property of BEHAVE, or are used by us with express permission.  Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of BEHAVE or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of BEHAVE and is protected by United States and international copyright laws.  Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

You may quote up to two sentences of text from any of these sources directly, including our articles and commentary, provided that you give proper citation showing the source to be BEHAVE (including the proper URL) and use the text for non-commercial purposes.

Otherwise, you may use the materials or content on this Site only with our prior written and express authorization.  You may not produce derivative works based on our work or format. You can request written permission to use materials or content by contacting customerservice@BEHAVE.org with the details of what you’d like to reproduce and how it will be used.

Deeplinking

You may link to any publicly available piece of content on this Site directly. We like SEO and encourage deep and frequent linking!

Children

This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.

Links to Other Websites

Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.

Digital Millennium Copyright Act

BEHAVE expects all users to respect the intellectual property rights of others.  BEHAVE may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer.  If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify our copyright agent at customerservice@BEHAVE.org.

DISCLAIMER

ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEHAVE AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY BEHAVE OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  IN ADDITION, BEHAVE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.

Liability for our Services

WHEN PERMITTED BY LAW, BEHAVE, ITS AFFILIATES AND SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BEHAVE, ITS AFFILIATES AND SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, BEHAVE, ITS AFFILIATES AND SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Governing Law; Venue

These Terms and the relationship between you and BEHAVE shall be governed by the laws of the State of New York as if you signed these Terms in New York.  The provisions of these Terms that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.  The parties agree to submit to the federal or state courts in and for New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Site or your breach of these Terms.

We Reserve the Right to Update and Revise these Terms of Use at Any Time.

From time to time we review these Terms to ensure that they comply with applicable law.  Consequently, we reserve the right to update and revise these Terms at any time.  You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date” date at the top of this page.  Your use of our Site constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should, therefore, review these Terms regularly to ensure that you are aware of its terms.

If you have any questions, please contact us at  customerservice@behave.org.  Thank you!