Legal/Privacy
Terms of Use
1. TERMS
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. USE LICENSE
Permission is granted to temporarily download one copy of the materials (information or software) on Upshift Creative’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Upshift Creative’s website.
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Upshift Creative at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. DISCLAIMER
The materials on Upshift Creative’s website are provided “as is”. Upshift Creative makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Upshift Creative does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. LIMITATIONS
In no event shall Upshift Creative or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Upshift Creative’s Internet site, even if Upshift Creative or an Upshift Creative authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. REVISIONS AND ERRATA
The materials appearing on Upshift Creative’s web site could include technical, typographical, or photographic errors. Upshift Creative does not warrant that any of the materials on its web site are accurate, complete, or current. Upshift Creative may make changes to the materials contained on its web site at any time without notice. Upshift Creative does not, however, make any commitment to update the materials.
6. LINKS
Upshift Creative has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Upshift Creative of the site. Use of any such linked web site is at the user’s own risk.
7. SITE TERMS OF USE MODIFICATIONS
Upshift Creative may revise these terms of use for its web site at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. GOVERNING LAW
Any claim relating to Upshift Creative’s web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
Privacy Policy
WHAT INFORMATION DO WE COLLECT?
We collect information from you when you register on our site, submit information through a contact form or other web form, or subscribe to our email list. When registering on our site you may be asked to enter your name, e-mail address or zip code. You may, however, visit our site anonymously.
WHAT DO WE USE YOUR INFORMATION FOR?
Any of the information we collect from you may be used in one of the following ways:
1. To administer a contest, promotion, survey or other site feature
2. To send periodic emails
3. To contact you by mail, phone or text message.
4. To solicit our goods or services to you.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
DO WE USE COOKIES?
Yes. We use cookies to understand and save your information and preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
Cookies are alphanumeric identifiers that are transferred to your computer’s hard drive through your web browser. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, but this may limit your ability to use some features of the Website. Cookies enable us to recognize your browser and provide features that are tailored to your needs.
We may use information from cookies for purposes of planning and tracking, as well as assessing the technical function of the Website. We may also use cookies to track information about which pages you visit within the Website to help us gauge the effectiveness of the Website or our content.
This website may use a remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an inquiry. This could be in the form of an advertisement on a search results page, or a site in a third-party advertising display network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visit to the Upshift Creative website.
You can set your preferences for how advertisers advertise to you by visiting the following pages.
Google’s & DoubleClick Ad Settings (http://www.google.com/settings/ads)
Network Advertising Initiative opt-out page (http://www.networkadvertising.org/managing/opt_out.asp)
DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
THIRD PARTY LINKS
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
ONLINE PRIVACY POLICY ONLY
This online privacy policy applies only to information collected through our website and not to information collected offline.
YOUR CONSENT
By using our site, you consent to our websites privacy policy. By submitting your e-mail address, you agree to be contacted by Upshift Creative and its affiliates. You may opt out of such contact at any time.
CHANGES TO OUR PRIVACY POLICY
If we decide to change our privacy policy, we will update the Privacy Policy modification date below.
This policy was last modified on 10/18/24.
CONTACTING US
If there are any questions regarding this privacy policy, you may contact us using the information below.
225 E Grand Ave, Suite 706
Chicago, IL 60611
United States
User Content
WHAT INFORMATION DO WE COLLECT?
By responding to our request to post your content on our website, via hashtag confirmation or other confirmation method, or by entering in any promotion or contest where you submit your content to us, you are agreeing to the following:
USER CONTENT
As between you and us, you own all content and information you post or share using WebsiteURL.com (the “Site”) or tagging Upshift Creative, or its associated brands, such as posting or sharing comments, photos, and videos (referred to as “User Content”).
You give Upshift Creative permission to use your User Content as follows: you grant to Upshift Creative and its affiliates a license to reproduce, display, perform, distribute, create derivative works from and otherwise use your User Content in connection with the Site and for other Upshift Creative marketing purposes, including without limitation in brochures, email and other customer communications, websites, social media channels, promotional materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Upshift Creative or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
- You own all rights to your User Content or, alternatively, that you have the right to give Upshift Creative the rights described above.
- you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason.
Submission of your User Content does not guarantee entry into any competitions, and you are bound by any additional rules and regulations surrounding specific competitions, giveaways and promotions.