These Terms and Conditions apply to services provided by Barcode Live through its website, located at www.barcodelive.org, including subdomains, API and mobile applications (the “Services”).
By clicking “I agree” or by using the Services, you are agreeing, or if you are agreeing on behalf of an entity, the entity is agreeing, to be bound by the Terms and Conditions. If you later disagree with the Terms and Conditions, you agree to stop using the Services and contact Barcode Live.
1. Using the Services
Barcode Live's Services include bulk product lookups (“Bulk Lookup Services”) and barcode number based product lookup services, which permit you to lookup barcode numbers (GTINs), manufacturer part numbers, along with additional product data.
2. Service Fees
You agree to pay Barcode Live such fees for the Services as presented to you at the time of purchase. Barcode Live accepts payment by Visa, MasterCard, PayPal, check or direct deposit, which is required prior to commencement of the Services and is non-refundable. You acknowledge and agree that payment is processed through a third party service provider who may subject you to additional terms and to whom your payment information is disclosed.
If you would like to make a change to your Services, please email (note email). Cancellation requests must be emailed to Barcode Live at least 3 business days prior to the date such Services are renewed and is effective upon your receipt of an email from Barcode Live confirming cancellation.
3. Accounts
Some Services require you to register an account in order to use the Services and select a user name and password. You are solely responsible for keeping Login Information confidential and agree to be bound by any use of Login Information, whether or not you authorized such use. If you become aware of, or reasonably suspect, unauthorized use of your account, you must immediately change the password that is part of your Login Information and notify Barcode Live by emailing (note email).
4. Service Subscription
Barcode Live grants you a non-exclusive, non-sublicensable, non-assignable, revocable, limited subscription to use any Barcode Live application to search for and retrieve Product Data (the “Subscription”). No title or ownership interest in the Services or Subscription is transferred or assigned to you and you acknowledge that the Terms and Conditions is not a sale of any right to the Services or Subscription.
Barcode Live may suspend your Subscription and any associated account at any time without notice or compensation to you for any reason including, but not limited to, violation of the Terms and Conditions; whether a suspension is lifted at Barcode Live’s sole discretion.
The Subscription terminates upon the earliest of: (a) Barcode Live’s termination of the Terms and Conditions or Services and that may occur without notice or reason; (b) your failure to pay any amount owed to Barcode Live; (c) your termination of the Subscription by notifying Barcode Live by emailing (note email); or (d) your non-compliance with the Terms and Conditions. Upon termination you are not entitled to a refund of any kind and shall delete all Product Data previously provided to you.
5. Subscription Restrictions
You agree to not: (a) scrape, data mine or otherwise collect content from the Services; (b) make publicly available, sell, or resell the Services or Product Data resulting therefrom; (c) circumvent or reproduce the look and feel of the Services; (d) copy, damage, decompile, disassemble, disrupt, impair, modify, or reverse engineer the Services; (e) use the Services to violate any law or regulation in any jurisdiction; or (f) gain, or attempt to gain, unauthorized access to the Services, including through the use of another user’s account or through any method not provided by or approved by Barcode Live.
6. Intellectual Property Rights
Barcode Live reserves all rights, title and interest in the Services and Product Data including, but not limited to, all copyrights, patents, trademarks, trade secrets, industrial designs, utility models, and any other rights recognized pursuant to the laws of any country or jurisdiction, whether or not protected by law. Without limiting the foregoing, Barcode Live hereby retains all rights not expressly granted in the Terms and Conditions.
Certain elements of Product Data, such as product images and descriptions, are the property of third parties and not Barcode Live (“Third Party Content”). The Terms and Conditions do not grant you any rights to Third Party Content and you represent and warrant that your use of Product Data will not infringe the rights of any Third Party Content owner. If you require rights to Third Party Content, please contact the Third Party Content owner.
You represent and warrant that you have all rights necessary to provide any data to Barcode Live in connection with the Services and hereby grant Barcode Live an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to such data for any and all purposes without attribution, notice, permission, royalty or payment to you or any third party.
7. Notice of Copyright Infringement
You must provide the following in your DMCA notice: (a) identify the copyrighted work claimed infringed; (b) identify the material claimed infringing and where it is located; (c) provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address; (d) provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; (e) provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and (f) provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Barcode Live may provide you notice if your data was removed as a result of receiving a DMCA notice. If you receive notice from Barcode Live, you may provide a counter-notification to Barcode Live’s designated DMCA agent at: (email)
8. Disclaimer
The services are provided “as is”. To the extent permitted by law, Barcode Live disclaims all warranties and conditions, express, implied or statutory, including, without limitation, merchantability, fitness for a particular purpose and non-infringement of third party rights. Without limiting the foregoing, Barcode Live makes no representations that the services will not infringe any rights held by a third party, including but not limited to any copyright, patent or trademark. Further and without limiting the foregoing, Barcode Live makes no representations or warranties that the services will meet your needs or that the services will be uninterrupted, continuously available, error free, result in lost data or will not harm computers or mobile devices. No oral advice or written information provided by Barcode Live, its affiliates, agents, contractors, directors, employees, officers or partners will create any warranty and you shall not rely exclusively upon such advice or information. You bear the entire risk as to the performance, operation and quality of the services. Please note that some jurisdictions do not allow the disclaimer of implied contract terms and, as a result, this section may not apply to you in its entirety.
9. Limitation of Liability, Indemnity
You agree that Barcode Live shall not be liable to you for any loss or damage arising out of or relating to the services, including, without limitation, consequential, incidental or special damages, loss of data, loss of content, loss of profits, loss of any contract, loss of goodwill, unauthorized access to your account, and any and all other damages and losses, even if Barcode Live has been advised of the possibility of such loss or damage.
You agree to indemnify, defend and hold Barcode Live, its affiliates, agents, contractors, directors, employees, officers and partners harmless from and against any claim, liability, injury, damage, cost, loss or expense that arises from your, or any third party’s, use of the services. This limitation applies to any cause of action or claims in the aggregate, whether in an equitable, legal or common law action arising hereunder and including, without limitation, violation of any statute, violation of privacy and/ or intellectual property rights, breach of contract, breach of warranty or indemnity, misrepresentation, negligence, strict liability and other torts.
Barcode Live shall promptly provide you notice of the claim and, at your expense, give all reasonable assistance. You may not settle any claim unless it unconditionally releases Barcode Live of all liability.
You acknowledge that Barcode Live would be irreparably damaged if the Terms and Conditions are not specifically observed and, therefore, agree that Barcode Live shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of the Terms and Conditions, in addition to other remedies available under applicable law.
10. Publicity
You agree that Barcode Live may use your name and reference you as a customer for advertising, promotion or similar publicity purposes and hereby grant Barcode Live a non-exclusive, worldwide license to your name and logo for such purposes.
11. Updates
Barcode Live reserves the right, in its sole discretion, to modify the Terms and Conditions and Privacy Policy at any time (“Updates”). Barcode Live shall notify you of Updates by making them available at www.barcodelive.org. You are deemed to accept any Update by continuing to use the Services. Unless Barcode Live states otherwise, Updates are automatically effective 10 days after posting on www.barcodelive.org
12. Governing Law
These Terms and Conditions and the Privacy Policy are governed by the laws of the province of Ontario and Canada. The parties submit to the exclusive jurisdiction of courts located in Toronto, Ontario and hereby waive any and all objections to venue, jurisdiction or service of process.
13. Severability
If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall remain in full force and effect.
14. Entire Agreement
This agreement expresses the entire understanding between you and Barcode Live and supersedes any prior agreements or understandings relating to the matters contained herein.
