Terms

Terms of Use

The barcodes.co.zw website and its associated content (collectively “Website”) is offered for your use by Pixelgrid Through your use or accessing of the Website, you agree that you have read, understand, and agree to be bound by this Terms of Use Agreement. The Website is protected by copyright law and is licensed to you for your use with the terms and conditions outlined below. You are expressly prohibited from using the Website in any way other than by those uses specifically stated in this Terms of Use agreement. READ THIS TERMS OF USE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE. YOUR USE OF THE WEBSITE IS AN ASSENT TO THESE TERMS. THIS TERMS OF USE AGREEMENT MAY BE MODIFIED, DELETED, OR ADDED TO AT ANY TIME AT THE SOLE DISCRETION OF PIXELGRID IF AND WHEN PIXELGRID CHANGES THE TERMS OF THIS TERMS OF USE AGREEMENT, PIXELGRID WILL CHANGE THE “EFFECTIVE DATE OF TERMS OF USE” TO REFLECT THAT CHANGE. IF AN WHEN SUCH A CHANGE IN THIS TERMS OF USE OCCURS, YOU AGREE TO REVIEW THE MOST RECENT VERSION OF THE TERMS OF USE AGREEMENT PRIOR TO YOUR USE OF THE WEBSITE. YOUR USE OR ACCESSING OF THE WEBSITE AFTER A CHANGE IN “EFFECTIVE DATE OF TERMS OF USE” CONSTITUTES AN ACCEPTANCE OF THE NEW TERMS OF USE.

Definitions

All bar code numbers, whether UPC or EAN codes or numbers, will hereinafter be referred to as “GTIN number(s).” The machine-readable two-dimensional geometrical representation of a bar code will hereinafter be referred to as “Artwork.”

Purchaser and User Eligibility

Use of the Website is void where prohibited. Those who use the Website (hereinafter “Visitors”), those who register for a user account on the Website (hereinafter “Registered Users”), and those who purchase bar codes or other goods or services through the Website (hereinafter “Purchasers”) agree to be bound by and will abide by this Terms of Use agreement. Visitors, Registered Users, and Purchasers are hereinafter collectively known as “Users” for the purposes of this Terms of Use agreement.

Competency of Users

You hereby affirm that you are either over the age of 18, an emancipated minor, or accessing the Website with the consent of your parents or guardian. You hereby affirm that you are fully competent and able to assent to the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Use agreement, and that you will abide by and comply with this Terms of Use agreement.

Registered User and Purchaser Data

Registered Users and Purchasers agree to provide accurate, current, and complete information about you and/or your business where requested by PixelGrid. Registered Users and Purchasers agree to maintain and expeditiously update all information about you and/or your business. Registered Users and Purchasers agree to maintain the security of your username and password, and you hereby acknowledge and agree that you are responsible for any and all use of your user account, whether authorized or unauthorized, and for any actions that occur using your user account.

Protection of Children

Pixelgrid and the Website does not knowingly target, market to, or collect personal information from individuals under the age of 18. If you are a parent who believes that Pixelgrid may have collected personal information from your child, please notify Pixelgrid immediately at contactus@barcodes.co.zw.

Privacy Policy

Pixelgrid hereby incorporates its Privacy Policy into this Terms of Use agreement.

Rights to the Website

Pixelgrid owns the Website, including without limitation the text, software, scripts, graphics, photos, music, videos, interactive features, and other associated content, as well as their selection and arrangement. Pixelgrid also owns any and all trademarks, service marks, designs, and logos that are contained on the barcodes.co.zw Website or associated materials. The barcodes.co.zw Website is subject to copyright, trademark, trade secret, and all other intellectual property rights. The Website may not be used, modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Pixelgrid.

Registered User and Purchaser Accounts

Registered Users and Purchasers have the right to appoint others to act as their agents to use the Website. You agree and warrant that any user that you authorize to have access to your Registered User or Purchaser account is your authorized legal agent and has the capacity to enter into a contractual relationship with Pixelgrid. You herby agree that you are responsible for any and all access to the Website by those that have access to your account, whether authorized or unauthorized. You bear the responsibility of controlling access to your Registered User and/or Purchaser account and of protecting your username and password. You hereby agree that you will hold Pixelgrid harmless for any access to your account, whether authorized or unauthorized.

Limited License to Use Website

Pixelgrid grants you a limited license to use and access the Website for your own personal non-commercial use. Any other use of the Website is prohibited. Republishing, incorporating, or otherwise using Pixelgrid’s Website without the prior written authorization of Pixelgrid is prohibited. You may not use data mining, robots, scraping, or any other data gathering or extraction methods on the Website. You hereby agree and warrant that you will not modify the Website or otherwise make derivative works of the Website. You hereby agree and warrant that you will comply with this Terms of Use agreement and with all applicable local, national, and international laws and regulations, including but not limited to copyright law. The limited license granted under this Terms of Use agreement will automatically terminate if you breach the terms and conditions of this agreement.

Pixelgrid’s Trademark Rights

Pixelgrid’s trademarks and trade dress, including but not limited to BAR CODES TALK, are common-law or registered trademarks, trade dress, or trade names in the United States and are used and prosecuted in accordance with the laws of the United States. You are prohibited from using Pixelgrid’s trademarks, trade names, or trade dress as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. You may not use Pixelgrid’s trademarks, trade names, or trade dress without the prior written consent of Pixelgrid. Warranties and Representations Concerning Website THE WEBSITE IS OFFERED ON AN AS-IS BASIS. PIXELGRID DOES NOT MAKE REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY. PIXELGRID IS NOT RESPONSIBLE FOR ANY THIRDPARTY APPLICATION, SOFTWARE, OR ANY OTHER CONTENT POSTED ON THE WEBSITE. PIXELGRID DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A REGISTERED USER OR PURCHASER ACCOUNT, OR ALTERATION THEREOF. Pixelgrid reserves the right to discontinue the Website at any time and for any reason. Warranties and Representations Concerning Goods and Services Sold Through Website PIXELGRID UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS OR SERVICES SOLD THORUGH THIS WEBSITE EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF USE AGREEMENT. THE GOODS OR SERVICES SOLD THROUGH THE WEBSITE ARE SOLD AS-IS. Pixelgrid hereby warrants that you will be issued a unique GTIN number and that Pixelgrid will maintain a database of all GTIN number prefixes that have been transferred or granted to Pixelgrid. Upon a sale of any or all of the assets of Pixelgrid will be absolved of any duty to maintain a database of GTIN number prefixes. You hereby understand and agree that you will not resell any and all GTIN numbers or Artwork issued by Pixelgrid to a third-party. You further hereby understand and agree that some retailers may not accept the GTIN numbers and Artwork issued by Pixelgrid because the GTIN number or Artwork is not purchased directly through the GS1. These retailers include but are not limited to Wal-Mart and Kroger Family Grocery Stores (including Fred Meyer). While Pixelgrid takes its best efforts to notify you of retailers that will not accept GTIN numbers or Artwork issued by Pixelgrid, you hereby understand and agree that PixelGrid will not be held liable or refund your purchase of goods or services through the Website for the failure of any third-party to accept GTIN numbers or Artwork issued by Pixelgrid. You understand and agree that you have a duty to notify Pixelgrid of any and all retailers that will not accept your GTIN numbers or Artwork. Pixelgrid warrants that it will forward any information or communication that it receives concerning your GTIN numbers or your Artwork to you provided you have provided Pixelgrid with timely contact information. You hereby understand and agree that you must notify Pixelgrid within seven (7) days of any changes to your contact information, including but not limited to a change of address, email address, or telephone number. Pixelgrid retains all of its rights under the law to prosecute the unlawful use of or pirating of GTIN numbers or Artworks that utilize prefixes issued by Pixelgrid.

Limitation of Liability

YOU HEREBY UNDERSTAND AND AGREE THAT PIXELGRID WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT ARISE OUT OF THE USE AND LICENSE OF THE PIXELGRID WEBSITE, INCLUDING BUT NOT LIMITED TO SPECIAL DAMAGES, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT PIXELGRID WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT PAID FOR THE WEBSITE, PRODUCT, OR SERVICE, AND IN NO CASE WILL THAT AMOUNT EXCEED $1,000. IF NO AMOUNT IS PAID BY YOU TO PIXELGRID, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES OR LIMITATIONS OF IMPLIED WARRANTIES. IF YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES OR LIMITATIONS OF IMPLIED WARRANTIES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.

Indemnification

You understand and agree that you will hold harmless, indemnify, and defend Pixelgrid, including its members, agents, and employees, from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorneys fees, that arise from your use or access of the Website, your violation of this Terms of Use agreement, your purchase of products or services from Pixelgrid, your violation of the rights of a third party, or your violation of any intellectual property rights. This obligation to hold harmless, indemnify, and defend PixelGrid will survive the failure or termination of this Terms of Use agreement, your use of the Website, or your purchase and use of any products or services purchase from Pixelgrid. Assignment You hereby understand and agree that you may not assign your rights or obligations under this Terms of Use agreement. Pixelgrid may assign its rights and duties under this agreement at any time, including but not limited to a sale of the Website and its associated content by PixelGrid.

File Formats for Bar Codes

Bar codes, including but not limited to GTIN numbers, will be provided to you in a compressed format. This compressed file will contain a copy of this Terms of Use agreement, a certificate of authenticity, the GS1 General Specifications, a spreadsheet listing your assigned number(s), and a document containing a printed label price list and instructions on how to use your bar code numbers. Artwork will be provided in a vector graphics format, which can be re-scaled to any resolution or size in any professional layout program, including but not limited to Adobe Illustrator. Artwork will be provided as a 1.5” x 1” graphics file, whether in .jpg or vector graphics format. Pixelgrid recommends that you print the GTIN numbers and Artwork on a laser printer at a resolution of no less than 600 dots per inch. Pixelgrid recommends that you print GTIN numbers and Artwork in black ink on a white background to ensure that the GTIN numbers and Artwork remain high-contrast and can be read by a scanner.

Return Policy for Bar Code Numbers

You may not return any GTIN, UPC-A, or EAN-13 numbers purchased through Pixelgrid. Due to the nature of these goods, we cannot offer a return service. We do this to ensure that each number is unique and NEVER before issued to another company/person.

Contractual Errors and Omissions

The goods and services listed on this website are not an offer to enter into a contract. Pixelgrid provides the Website and its associated content only as an invitation to deal, and you hereby understand and agree that your offer to purchase goods or services from Pixelgrid will be accepted at the sole discretion of Pixelgrid. Pixelgrid reserves the right to deny your offer for any reason, and you hereby agree and understand that Pixelgrid will not be held liable for any error or omission in the pricing or listing of any good or service sold through the Website.