Upload Tool Terms of Use
Upload Tool Terms of Use – Billups Platform Inventory Upload
Last Updated June 13, 2022.
These terms (the “Terms”) govern your access to and use of the Billups Platform Inventory Upload tool (“Upload Tool”) and form a legal agreement between you as an agent of your company (you and the company collectively “You,” “Your,” or “User”), and Billups LLC (Billups LLC and its affiliates collectively called “Billups,” “We,” “Us,” or “Our”). These Terms may be updated at any time by Billups by posting to https://www.billups.com/inventory, and in order to continue to use the Upload Tool subsequent to such update, you must agree to the amended Terms.
The Upload Tool helps extend the functionality of Billups Platform to provide You access to the power of combining Billups Platform technology with Your fantastic inventory. We will use the inventory that You provide to Us, via the upload tool or otherwise, to promote Your inventory to prospects, making your inventory work harder so your team doesn’t have to. We want you to know we take Your privacy seriously and the Privacy Policy together with These terms represent Our commitment to safeguard and protect Your data and personal information.
1. Important Information
1.1 The Upload Tool is made available for you to provide accurate information about your inventory, for media planning purposes. We will be better able to provide Our industry-leading services with current information about your inventory.
1.2 The Upload Tool is property of Billups and is made available to you pursuant to a limited license. We hereby grant You a limited non-exclusive, non-transferable, non-sublicensable license to access and make use of the Upload Tool in accordance with the terms of this Agreement.
1.3 The Upload Tool may permit use of a variety of content formats; however, you may not use the Upload Tool to upload any malicious, intentionally inaccurate, or misleading content, or any content that causes harm to any third-party.
2. Your Inventory
2.1 You represent and warrant that you own or have sufficient rights in all data that you upload as your inventory. If you become aware of any demand or claim by a third party that any of the content you have uploaded using the Upload Tool may not be used by Billups, you must contact Billups and request that the content be removed.
2.2 By submitting your content to Billups, you grant Us a license, including the right to sublicense, to use your inventory at your direction or for the purpose of selling your inventory.
2.3 We are always working to improve our tools and services and we welcome your feedback. You grant Us the right to use any suggestions for improvements, enhancements, or new services associated with your inventory or Your use of the Upload Tool.
3. Disclaimer of Warranties
THE UPLOAD TOOL IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND, SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
4. Indemnity
You shall defend, indemnity, and hold Us harmless from and against any and all third-party claims, damages, losses, liabilities, demand, costs and expenses (including reasonable attorneys' fees and costs), relating to or arising, directly or indirectly, in whole or in part, from the content you provide Us via the Upload Tool.
5. Miscellaneous
5.1 These Terms shall be governed by and construed in accordance with the laws of the state of Oregon, without giving effect to the body of law known as conflict of laws.
5.2 If any provision of these Terms is held to be unenforceable or contrary to law, the remainder of the Terms shall be enforced to the fullest extent possible, as interpreted by a court of competent jurisdiction so as to best accomplish the objectives and intent of these Terms.
5.3 These terms together with the Privacy Policy form the whole agreement for your use of the Upload Tool, superseding any earlier agreements, oral or written. Nothing herein shall be deemed to amend any purchase agreement, services agreement, or other contract between the parties unrelated to the Upload Tool.