Please Note: Before using the images and data in SimpleUPC, carefully read the following license agreement with Pushpins, Inc. (“Pushpins”) that governs the use of this service. When you use this service, you acknowledge and agree to accept the terms of this agreement. If you do not accept the terms of this agreement, you will not be allowed access to, or use of, this service.
Inquiries should be directed in writing to:
Pushpins, Inc. 333 Bryant Street, Suite 250, San Francisco, CA 94107
1) Licensed Use.
Provided that you comply with all terms of this License Agreement, you are granted a non- exclusive, non-transferable right to use the images and data contained in the current version of SimpleUPC solely for:
- advertising layout purposes only including, but not limited to, flyers, inserts,
- direct mailers, ROP ads, internal publications, kiosks, signs and labels, and in-store video systems, or
- shelf management applications, including planogramming, or
- e-commerce applications, including on-line shopping, web & mobile applications or
- presentation applications, including Microsoft® PowerPoint programs and sell sheets.
2) Restrictions On Use.
You may not rent, lease, loan, sell or sublicense images, disclaimers and/or data received via SimpleUPC.
- You may not alter the images, disclaimers, and/or data or any notices or trademark designations that appear therewith. Application developers may not integrate the images and data in SimpleUPC into checkout systems, coupon dispensing machines, in-store electronic shopping carts, services that offer discounts, coupons, or other similar uses without the express written consent of Pushpins.
- You may not aggregate or attempt to scrape and aggregate, or otherwise obtain any materials or information including but not limited to product information, UPCs, coupons, classifications, algorithms, calculations, and/or location information.
- Images, logos, disclaimers and/or data or copies contained in SimpleUPC may not be used or integrated into any other commercial image and data library service without the express written consent of Pushpins.
- Images, logos, disclaimers and/or data or copies contained in SimpleUPC may not be cached or stored for a period longer than two hours without written consent of Pushpins.
- Images, disclaimers and/or data, logos, coupons or copies contained in SimpleUPC may not be used by or made available to MultiAd, Pushpins, or SimpleUPC competitors.
- Images, disclaimers and/or data, logos, coupons or copies contained in SimpleUPC may not be used by or made available to any grocery chain with over $1B in annual sales.
- The use and access of data received via SimpleUPC outside the United States is prohibited.
- You may not use the images and data except as expressly authorized in this license.
3) Current Use.
- You agree to use only the current version of the images and data in order to preserve the current brand image being displayed by participating manufacturers.
- Except as otherwise provided in this Agreement and pre-existing agreements between Pushpins and its clients/licensors, you acknowledge that Pushpins or its licensor is the owner of all rights in SimpleUPC, including its copyright in the individual images and data and the original selection and arrangement of images and data. By accepting this Agreement, you agree that you shall not challenge Pushpins s or its licensors’ rights, including its copyrights, in SimpleUPC.
- Pushpins is a registered trademark of Pushpins, Inc. All other applicable rights, patents, copyrights, trademarks and trade secrets in SimpleUPC are and shall remain with Pushpins. All rights in the consumer packaged goods (CPG) product including, without limitation, copyright, trademark, trade dress and other intellectual property rights are and shall remain the property of the product manufacturer (Pushpins’ licensor). You agree to utilize the proper trademark designations (® for registered trademarks and ™ for unregistered trademarks) of these participating companies. You acknowledge the product manufacturer’ s ownership of the trademarks, agree that you will do nothing inconsistent with or that may dilute such ownership, agree to use reasonable efforts to preserve the product manufacturer’ s rights in the trademarks and agree that all uses of the trademarks by you shall inure to the sole benefit of the product manufacturer. You agree that the nature and quality of your use of the trademarks shall conform to the reasonable standards set by the product manufacturer. You agree to cooperate with the product manufacturer (and Pushpins) in facilitating the product manufacturer’ s monitoring and control of the nature and quality of the use of the trademarks, and to supply Pushpins or the product manufacturer with specimens of use of the trademarks upon request. You shall comply with all applicable laws, rules, regulations, and customs with respect to your use of the trademarks, and shall notify Pushpins or the product manufacturer promptly and in writing of any unauthorized use of the trademarks by any third party of which you have any knowledge. Pushpins or the product manufacturer shall have the sole right to bring any legal proceeding with respect to any such unauthorized use.
5) Disclaimer Of Warranty.
- Pushpins and its licensors disclaim all warranties, either expressed or implied, by operation of law or otherwise, including, but not limited to, any implied warranties or merchantability, fitness for a particular purpose, warranties against interference or against claims or interests of third parties or warranties against interference.
- Your sole and exclusive remedy for failure of performance of the images and data in SimpleUPC or for any breach of this Agreement by SimpleUPC or its licensors is to notify Pushpins in writing of the failure of performance or breach within 90 days of receipt.
- This license will terminate automatically if you fail to comply with any of the terms of this License Agreement, and on any such termination, you will cease to use any of the licensed images or data or related material. Upon termination you will be denied access to SimpleUPC. Either party to this Agreement may terminate this Agreement at any time.
- In no event shall Pushpins or its licensors be liable for special, indirect, incidental or consequential damages in any way relating to the use, or arising out of the use, of SimpleUPC, even if advised of the possibility of such damages.
- You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. Breach of the terms of this Agreement will cause Pushpins and its licensors irreparable damage.
- Entire Agreement. This is the complete and exclusive statement of the agreement between you and Pushpins, which supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this Agreement.
- Governing Law. This Agreement and performance hereunder shall be governed by the laws of the State of California. Pushpins’ licensors may enforce their license and intellectual property rights under this Agreement, and Pushpins and its licensors shall have the right to collect reasonable expenses incurred in enforcing this agreement, including reasonable attorney’ s fees and court costs. You agree, if any litigation is filed to construe, interpret or enforce this Agreement, jurisdiction and venue thereof will be located within the Northern District of California, or the product manufacturer home office.
9) Subscriptions, Refunds and Cancellations
- You acknowledge that we will begin billing your Payment Method for monthly membership fees at the end of the free trial period unless you cancel prior to the end of the free trial period.
- You acknowledge that if you exceed your subscription's maximum allowable requests, you will automatically be billed for additional subscriptions for that billing period.
- You acknowledge that your subscription will automatically renew every 30 days until you elect to cancel.
- Upon cancellation of the service, your subscription will remain active and you will continued to be billed until the end of the 30 day billing period.
- At the end of the 30 day billing period, it will not renew and you will not be charged.
- You acknowledge that SimpleUPC reserves the right to change pricing at any time.
- If you have questions, contact firstname.lastname@example.org.
SimpleUPC | SimpleUPC Customer Service | email@example.com | simpleupc.com
©2013 Pushpins, Inc. All rights reserved 333 Bryant Street, Suite 250, San Francisco, CA 94107