Ad360 Terms of Use

These Terms of Use set forth the restrictions regarding use of the Ad360 platform and service. Use of the service may also be governed by a separate Master Service Agreement entered into between the customer and Ad360, and these Terms of Use may be incorporated into that agreement by reference.

These Terms of Use apply to all users of Ad360's service, which may include employees, contractors, and customers of a customer. Ad360 and the customer may be referred to together as the parties, or individually as a party.

Ad360 reserves the right to amend or modify these Terms of Use from time to time. Continued use of the Ad360 service after changes are posted on Ad360's website or platform constitutes acceptance of those amendments or modifications. By accessing the service, you confirm that you are bound by these Terms of Use and have read and agreed to the applicable MSA, Privacy Policy, and Cookie Policy.

Users agree that they will not, and will not enable any third party to, reproduce, distribute, or make available the Ad360 platform or any portion of it to any third party; use or authorize use of the Ad360 platform for any purpose not specified in the applicable agreement; copy, transfer, sell, lease, syndicate, sub-syndicate, lend, or use the platform for co-branding, timesharing, or any unauthorized purpose; or modify, translate, reverse engineer, reverse compile, disassemble, or attempt to do any of the foregoing.

Ad360 expressly reserves all intellectual property rights not expressly granted. Except as explicitly set forth in the applicable agreement, Ad360 does not grant any other license, express or implied, to Ad360 intellectual property rights.

Users and advertisers retain ownership of Advertising Data, and Ad360 retains ownership of Ad360 Data. The customer grants Ad360 a non-exclusive, royalty-free license and right during the term to use Advertising Data solely to perform Ad360's obligations under and in accordance with the applicable agreement.

Ad360 may disclose Advertising Data solely to comply with a court order, law, or direction by a governmental or regulatory agency, in which event Ad360 will provide prior written notice to the customer where legally permitted and an opportunity to object or seek confidential treatment.

Ad360 shall use Ad360 Data solely to operate, manage, maintain, and enhance the Ad360 platform or other Ad360 products and services.

Intellectual property and retained rights include intellectual property rights of any kind, whether protected or protectable, including patents, technical knowledge, know-how, business processes, trademarks, registered company names, trade names, brand names, logos, domain names, distinctive signs, drawings and models, copyrights and related rights, database rights, software and software packages, computer programs, websites, documents, user manuals, trade secrets, customer and supplier lists, marketing methods, sales literature, advertising documentation, promotional material, and the look and feel of a graphic interface or website.

Apart from limited licenses expressly granted in the applicable agreement, each party owns and retains all of its respective intellectual property rights. Users acknowledge that Ad360 owns and retains all right, title, and interest in and to the Ad360 platform and all associated intellectual property rights.

Confidential Information means non-public information, know-how, and trade secrets in any form that is designated as confidential or that a reasonable person knows or should understand to be confidential.

Information is not Confidential Information if it is or becomes publicly available without breach of the agreement, was lawfully known to the receiving party without an obligation to keep it confidential, is received from another source who may disclose it lawfully and without confidentiality obligations, is independently developed, or is a comment or suggestion volunteered about the other party's business, products, or services.

The parties agree to use Confidential Information solely for purposes of obligations under the applicable agreement and to refrain from disclosing it to third parties except where necessary to perform obligations or exercise rights, required by applicable law, made with consent, or disclosed to employees, consultants, or agents where necessary to realize the benefits of the agreement. If there is any breach or potential breach of confidentiality obligations, the injured party may seek injunctive and other equitable relief.

Users will use the Ad360 platform in compliance with all applicable privacy laws, rules, and regulations.

Users are solely responsible for information provided through the Ad360 platform. Users are responsible for creating, loading, and implementing related data files through the platform in accordance with the applicable agreement.

Users are responsible for ensuring that ads, content, materials, creatives, assets, and landing pages connected to ads do not cause damage or injury to Ad360 or the Ad360 platform. Users must not upload or distribute ads, creatives, assets, or other content through the platform that is obscene, illegal, or promotes illegal behavior.

Except as explicitly set out in the applicable agreement, Ad360 disclaims all warranties, express or implied, with respect to the ads or Ad360 services used in connection with the agreement. Neither party makes any guarantee, representation, or warranty, express or implied, as to the level of consumer response that will result from the services or the benefits that the customer, its advertisers, or any third parties will receive from Ad360 services.

Except to the extent identified by an applicable service level agreement, Ad360 shall not be liable to the customer, its affiliates, advertisers, users, publishers, website visitors, or any other third party for any loss, cost, damages, or expense incurred in connection with use of the service, display of ads, or information or data input into the Ad360 platform by a user or at a user's request, including technical malfunction, inputting errors, computer error, corruption or loss of data, or other damage.

In no event shall either party be liable to the other party or its affiliates for indirect, special, incidental, consequential, or punitive damages.

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Legal and privacy questions may be directed to privacy@ad360.media.