BrandCodes.com | Terms of Use

BRANDCODES.COM Web Site Terms And Conditions

The following terms and conditions (the ' Terms and Conditions ' ) govern your use of the Brandcodes Web Site (the ' Site ' ). This Site is made available by International Barcode Corporation, dba BTI Barcode Technology ( ' BTI ' ) (the "Site Proprietor" or ' we ' or ' us ' ). We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on this Site. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THIS SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Site.

Age Requirement for Use of Site: This Site is not intended for use by persons under the age of 18 years old. You must be 18 years old or older to provide any personal information to this Site, or to us through this Site, or to conduct transactions via this Site.

1. Proprietary Rights. As between you and the Site Proprietor, the Site Proprietor owns, solely and exclusively, all rights, title and interest in and to this Site, all the content, code, data and materials thereon, the look and feel, design and organization of this Site, and the compilation of the content, code, data and materials on this Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of this Site does not grant to you ownership of any content, code, data or materials you may access on this Site. Any commercial distribution, publishing or exploitation of this Site is strictly prohibited. You may view the content on this Site on your computer or other internet-compatible device, and make single copies or prints of the content on this Site for your internal use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on this Site. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our content, trade names, trademarks or service marks.

2. Trademarks and Patents. BTI and BRANDCODES are trademarks of BTI and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by BTI that are likely to cause customer confusion, or in any manner that disparages or discredits BTI or its affiliates. All other trademarks not owned by BTI that appear on this site, if any, are the property of their respective owners. Subject matter related to the creation and usage of the Brandcode technology is covered by pending patent application(s).

3. User Information. In the course of your use of this Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as ' User Information ' ). Our information collection and use policies with respect to the privacy of such User Information are set forth in this Site ' s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

4. Unsolicited Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through this Site, by e-mail or in any other way. Any materials, information, ideas, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ( ' Submitted Materials ' ) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with this Site's Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

5. User Conduct. You warrant and agree that, while using this Site, you shall not upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying this Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through this Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via this Site; or (d) attempt to gain unauthorized access to other computer systems through this Site. You agree that you will not use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site.

You agree to defend, indemnify and hold the Site Proprietor and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys ' fees, arising in any way from your use of this Site, your placement or transmission of any message, content, information, software or other materials through this Site, or your breach or violation of the law or of these Terms and Conditions.

6. Account and Password. You may be enabled to create an account in this Site with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of this Site by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify the Site Proprietor of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify the Site Proprietor when you desire to cancel your account on this Site. The Site Proprietor will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

7. Software Downloads. In the event that you receive software demos or other software products downloaded from this Site or otherwise delivered or provided by the Site Proprietor in response to your request, your use of such software will be subject to the software license agreement that accompanies such software.

8. ' Dealers ' Section of Site. The password-protected portions of the Site (e.g., the 'Dealers' area) is governed by these Terms and Conditions and the Dealer Agreement, if any, between the Site Proprietor and the companies to which the Site Proprietor issues passwords for such areas of the site.

9. Orders for Products and Services. We may make certain products and services available to visitors and registrants of this Site. For example, through this Site, you may be able to order certain software and hardware products and certain related services, made available for ordering through this Site. You may only do so if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the Site Proprietor. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us..

10. Third Party Web Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through web sites to which you may link from this Site (collectively, ' Linked Sites ' ). Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.

11. Copyright Agent.

We respect the intellectual property rights of others, and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Site Proprietor ' s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512(c)(2), named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Chris Golden

257 Park Avenue So., 7^th Floor

New York, NY 10010

voice: 212.286.7000

fax: 212.2867010

e-mail: cgolden@brandcodes.com

12. DISCLAIMER OF WARRANTIES. THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE ' , WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THIS SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THIS SITE WILL MEET USERS ' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE SITE PROPRIETOR AND ITS AFFILIATES AND SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THIS SITE OR IN CORRESPONDENCE WITH THE SITE PROPRIETOR OR ITS AFFILIATES. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS SITE ARE PROVIDED BY THE SITE PROPRIETOR AND/OR ITS AFFILIATES ' AS IS ' , EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE SITE PROPRIETOR OR ITS AFFILIATE OR LICENSOR OR SUPPLIER.

13. LIMITATION OF LIABILITY. IN NO EVENT SHALL THIS SITE PROPRIETOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE ' PROTECTED ENTITIES ' ) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO THE SITE PROPRIETOR FOR YOUR USE OF THIS SITE.

14. Applicable Laws. We control and operate this Site from our offices in the United States of America. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties ' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

16. Modifications to this Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of this Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of this Site or restrict your access to part or all of this Site without notice or penalty. The Site Proprietor reserves the right to temporarily or permanently terminate your membership on this Site for any or no reason without prior notice.