Terms

www.createbarcodes.com (“CreateBarcodes”) is a barcode generation tool and ecommerce platform provided by Bar Code Graphics, Inc. By signing up for, or using www.createbarcodes.com services or any of the services of Bar Code Graphics, Inc. you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by CreateBarcodes under the Terms of Service include low and high resolution digital barcode files for use as original artwork. Any such services offered by www.createbarcodes.com are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. Bar Code Graphics, Inc. reserves the right to update and change the Terms of Service by posting updates and changes to the www.createbarcodes.com website.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, before you may become CreateBarcodes user.

1. Account Terms

1.You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

2.To access and use the Services, you must register for a CreateBarcodes account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. CreateBarcodes may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

3.You acknowledge that CreateBarcodes will use the email address you provide as the primary method for communication.

4.You are responsible for keeping your password secure. CreateBarcodes cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

5.You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

6.A breach or violation of any term in the Terms of Service as determined in the sole discretion of CreateBarcodes will result in an immediate termination of your services.

2. Account Activation

1.Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service

2.If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service before you may become a CreateBarcodes account holder.

1.Technical support is only provided to paying Account holders and is only available via email.

2.The Terms of Service shall be governed by and interpreted in accordance with the laws of the Illinois without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Illinois courts for any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

3.You acknowledge and agree that CreateBarcodes may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on CreateBarcodes’s website. Your continued use of the Services after the amended Terms of Service are posted to CreateBarcodes’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

4.You may not use the CreateBarcodes service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Illinois. You will comply with all applicable laws, rules and regulations in your use of the Service.

5.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CreateBarcodes.

6.You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use CreateBarcodes or CreateBarcodes trademarks and/or variations and misspellings thereof.

7.Questions about the Terms of Service should be sent to support@barcode.graphics.

8.You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

9.You acknowledge and agree that your use of the Service, including information transmitted to or stored by CreateBarcodes, is governed by its privacy policy at https://www.barcode.graphics/privacy-policy/.

10.All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. CreateBarcodes shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without CreateBarcodes’s prior written consent, to be given or withheld in CreateBarcodes’s sole discretion.

4. CreateBarcodes Rights

1.We reserve the right to modify or terminate the Service for any reason, without notice at any time.

2.We reserve the right to refuse service to anyone for any reason at any time.

3.We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate these Terms of Service.

4.Verbal or written abuse of any kind (including threats of abuse or retribution) of any CreateBarcodes customer, Bar Code Graphics, Inc. employee, member, or officer will result in immediate Account termination.

5.We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that CreateBarcodes employees and contractors may also be CreateBarcodes customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

6.In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

7.CreateBarcodes retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, CreateBarcodes reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

5. Limitation of Liability

1.You expressly understand and agree that CreateBarcodes shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

2.In no event shall CreateBarcodes or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, CreateBarcodes partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

3.Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

4.CreateBarcodes does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5.CreateBarcodes does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

6.CreateBarcodes does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected. CreateBarcodes limitation of liability is equal only to the value of the digital artwork at the time of purchase.

6. Waiver and Complete Agreement

The failure of CreateBarcodes to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and CreateBarcodes and govern your use of the Service, superseding any prior agreements between you and CreateBarcodes (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

1.We do not claim any intellectual property rights over the barcode data you provide to the CreateBarcodes service.

2.We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any data or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

8. Privacy & Data Protection

Bar Code Graphics, Inc. is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Shopify’s collection, usage and disclosure of this personal information is governed by our  https://www.barcode.graphics/privacy-policy/.

Bar Code Graphics, Inc.

65 E. Wacker Pl 18th Floor

Chicago, IL 60601

www.barcode.graphics

www.createbarcodes.com