Code_IT Terms & Conditions
Welcome to Code_IT Barcodes. The following terms and conditions (the
“TOS”) describe the terms on which Code_IT, LLC (“us”, “we”, “our”, “Code_IT”,
or “Code_IT Barcodes”) offers you our services.
1. ACCEPTANCE OF TERMS. Our
services are conditioned on your agreement to all of the terms and conditions
contained in the TOS, including your compliance with any posted policies,
guidelines or rules (the “Policies”) applicable to our services which may be
The most up-to-date version of the TOS will be made available at www.codeitbarcodes.com . We may modify
or revise the TOS at our discretion at any time, and you agree to be bound by
such modifications or revisions. If you do not agree to the TOS or any other
applicable Policies posted by us, you may not use our services. By actually
using our services, you agree that Code_IT will treat your use of the services
as acceptance of the TOS and other applicable Policies.
2. THE SERVICES. “CODE_IT” is
a web creation and optional hosting service (the “Service”), which mobilizes web
contents by taking assets normally viewed on a computer screen and adapts them
for view by mobile devices such as mobile phones and /or PDAs, and storing the
adapted content onto servers owned or controlled by Code_IT. During this
process, CODE_IT converts the assets (images, links, videos, etc) provided by
you into another form using Code_IT’s software. In order to ensure the quality
of the web page displayed on mobile devices, CODE_IT may alter images, text
formatting and/or certain aspects of the web page functionality. You also
understand and agree that the Service may include certain communications from
us, such as service announcements, administrative messages and newsletters, and
that these communications are considered part of your membership with CODE_IT
and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augments or
enhances the current Service, including any new releases or versions of CODE_IT,
shall be subject to the TOS.
You are responsible for obtaining access to the Service, and that access may
involve third-party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION
OBLIGATIONS. In consideration of your use of the Service, you represent
that, if you are an individual, you are of legal age to form a binding contract
and are not a person barred from receiving services under the laws of the United
States, Canada, or any other applicable jurisdiction, and if you are an entity,
you are a corporation, limited liability company, partnership, or other legal
entity duly formed and in good standing, as applicable, and possesses all legal
authority and power to accept and be bound by these Terms. You also agree
Provide true, accurate, current and complete information about yourself and
the website that you wish to subject to the Services (the “Registration Data”)
Maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we have the right
to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
Notwithstanding the above, a parent or legal guardian of a minor may obtain
an account on the minor’s behalf, and by doing so, consents to such minor’s use
of the Services. Subscribing parents and legal guardians each for herself or
himself, as applicable, accept and agree to be legally bound by this TOS, and
assume full responsibility and liability associated with any failure of
compliance herewith in connection with said minor’s use of any of the
Code_IT is concerned about the safety and privacy of all its users,
particularly children. Please remember that the Service is designed to appeal to
a broad audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Services and/or Content (as defined in Section 6
below) are appropriate.
Registration Data and certain other information about you are subject to our
including the transfer of this information to Canada, the United States and/or
other countries for storage, processing and use by Code_IT and its
5. MEMBER ACCOUNT, PASSWORD AND
SECURITY. You will receive a password and account designation upon
completing the Service’s registration process. You are responsible for
maintaining the confidentiality of the password and account and are fully
responsible for all activities that occur under your password or account. You
agree to (i) immediately notify us of any unauthorized use of your password or
account or any other breach of security, and (ii) ensure that you exit from your
account at the end of each session. We cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section.
6. MEMBER CONDUCT. You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials (“Content”),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from whom such Content originated. This means that you, and not us,
are entirely responsible for all Content that you upload, post, transmit or
otherwise make available via the Service. We do not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, pornographic, indecent or objectionable.
Under no circumstances will we be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any loss or
damage of any kind incurred as a result of the use of any Content posted,
transmitted or otherwise made available via the Service.
Your use of the Service is subject to our Content and Acceptable Use
You acknowledge that Code_IT may or may not pre-screen Content, but that we
and our designees shall have the right (but not the obligation) in our sole
discretion to pre-screen, refuse, or remove any Content that is available via
the Service. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by or submitted to us.
We may access, preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to:
comply with legal process or enforceable government request;
enforce the TOS, including investigation for potential violations
respond to claims that any Content violates the rights of third parties;
respond to your requests for customer service; or
protect against imminent harm to the rights, property or safety of Code_IT,
CODE_IT, LLC., its users and the public as required or permitted by law.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by us and/or content
providers who provide content to the Service. You may not attempt to override or
circumvent any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly
7. INTERNATIONAL DATA TRANSMISSIONS
BY NATURE. When you register with CODE_IT, you acknowledge that in using
CODE_IT services to send electronic communications (including but not limited to
uploading text, photos and/or files and other Internet activities), you will be
causing communications to be sent through our computer networks, portions of
which are located in different areas of Canada, United States and other
locations abroad. As a result, and also as a result of our network architecture
and business practices and the nature of electronic communications, can result
in the transmission of international/interstate communications regardless of
where you are physically located at the time of transmission. Accordingly, by
agreeing to this Terms of Service, you acknowledge that use of the service
results in international data transmissions.
8. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE. Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside.
9. CONTENT SUBMITTED TO BE SUBJECT
TO THE SERVICE. We do not claim ownership of Content you submit to be
subject to the Service, or to the Content produced as a result of applying the
Service. However, with respect to these Contents submitted by you and produced
as a result of applying the Service, you grant Code_IT a worldwide, royalty-free
and non-exclusive license(s) to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on Code_IT’s server solely
for the purposes of providing the CODE_IT Service to which such Content was
submitted. This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you or we
remove such Content from the Service.
10. CONTRIBUTIONS TO THE
SERVICE. By submitting ideas, suggestions, documents, and/or proposals
(“Contributions”) to Code_IT through the Services, our forum, or contact forums,
you acknowledge and agree that:
your Contributions do not contain confidential or proprietary
we are not under any obligation of confidentiality, express or implied, with
respect to the Contributions;
we shall be entitled to use or disclose such Contributions for any purpose,
in any way, in any media worldwide;
we may have something similar to the Contributions already under
consideration or in development;
your Contributions automatically become the property of Code_IT without any
obligation to you; and
you are not entitled to any compensation or reimbursement of any kind for the
Contributions, from us or other users of the Services under any
11. INDEMNITY. You agree to
indemnify and hold Code_IT and its subsidiaries, affiliates, officers, agents,
employees, partners and licensors harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of
Content you submit, post, transmit or otherwise make available through the
Service, your use of the Service, your connection to the Service, your violation
of the TOS including any other applicable policies, or your violation of any
rights of another.
12. NO RESALE OF SERVICE. You
agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service (including your user ID), use of
the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE
AND STORAGE. You acknowledge that Code_IT may establish general practices
and limits concerning use of the Service, including without limitation the
maximum number of days that idle hosting accounts or other uploaded Content will
be retained by the Service, the maximum disk space that will be allotted on
CODE_IT’s servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a given period of
time. You agree that CODE_IT has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that CODE_IT reserves
the right to log off accounts that are inactive for an extended period of time.
You further acknowledge that CODE_IT reserves the right to modify these general
practices and limits from time to time.
14. MODIFICATIONS TO OR
DISCONTINUANCE OF SERVICE. The Service (or any part thereof) may, at any
time and from time to time, be modified or discontinued, temporarily or
permanently, with or without notice. You agree that Code_IT shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
15. TERMINATIONS. You agree
that, under certain circumstances and without prior notice, your CODE_IT account
and access to the Service may be immediately terminated by us. Cause for such
termination shall include, but not be limited to,
Breaches or violations of the TOS or other incorporated agreements or
Requests by law enforcement or other government agencies,
A request by you (self-initiated account deletions),
Discontinuance or material modification to the Service (or any part
Unexpected technical or security issues or problems,
Extended periods of inactivity,
Engagement by you in fraudulent or illegal activities, and/or
Nonpayment of any fees owed by you in connection with the Services.
Termination of your CODE_IT account includes
Removal of access to all offerings within the Service, including but not
limited to hosting accounts, databases;
Deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof); and
Barring of further use of the Service.
Further, you agree that all terminations for cause shall be made in our sole
discretion and that Code_IT shall not be liable to you or any third party for
any termination of your account or access to the Service.
16. DEALING WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that we are not responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
17. LINKS. The Service may
provide, or third parties may provide, links to other World Wide Web sites or
resources. Because we have no control over such sites and resources, you
acknowledge and agree that we are not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that we are not
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or
18. CODE_IT’S PROPRIETARY
RIGHTS. You acknowledge and agree that the Service and any necessary
software used in connection with the Service (“Software”) contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. Your use of Service does not give you any rights or
ownership interests in Code_IT’s intellectual property or technology. You
further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or by advertisers is
protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by us or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
19. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. CODE_IT AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
CODE_IT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
20. LIMITATIONS OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CODE_IT AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU 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 (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND
LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
22. NO THIRD PARTY
BENEFICIARIES. You agree that, except as otherwise expressly provided in
this TOS, there shall be no third-party beneficiaries to this agreement.
23. NOTICE. We may provide
you with notices, including those regarding changes to the TOS, by email,
regular mail or postings on the Service.
24. TRADEMARK INFORMATION.
Code_IT, CODE_IT, logos of Code_IT and CODE_IT, trademarks and service marks and
other Code_IT logos and product and service names are trademarks of Code_IT.
25. COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT. We respect the intellectual property of others,
and we ask our users to do the same. We may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you
claim has been infringed;
a description of where the material that you claim is infringing is located
on the site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the information in
your notice is accurate and that you are the copyright or intellectual property
owner or an authorized representative.
26. GENERAL INFORMATION.
Entire Agreement. The TOS and applicable Policies constitute the entire
agreement between you and Code_IT and governs your use of the Service,
superseding any prior agreements between you and Code_IT with respect to the
Service. You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other Code_IT services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The TOS, applicable Policies and the relationship
between you and Code_IT shall be governed by the laws of the United States
without regard to its conflict of law provisions. You and Code_IT agree to
submit to the personal and exclusive jurisdiction of the courts located within
the United States.
Waiver and Severability of Terms. The failure of Code_IT to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS 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 TOS remain in full force and
No Right of Survivorship and Non-Transferability. You agree that your CODE_IT
account is non-transferable and any rights to your user ID or contents within
your account terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
27. VIOLATIONS. Please report
any violations of the TOS or any applicable Policies to
applies to all of the products, services and websites (collectively, “Services”)
offered by Code_IT (“us”, “we”, “our” or “Code_IT”), or its subsidiaries or
INFORMATION WE COLLECT
Information provided – Most of the personally identifying information we
collect is what we ask you to provide us when you sign up for CODE_IT(such as
your name, email address, account password) or any of our Services that require
registration. We may combine the information you submit under your account with
information from other Services or third parties in order to provide you with a
better experience and to improve the quality of our services.
Your Web Content – When you use CODE_IT to create web pages to better display
on mobile devices, the content in those pages including any personal
information, and images/files referred from those pages will be sent to
Code_IT’s servers and proxies for transcoding and storage for hosting.
Cookies – Our web site and Services make use of “cookie” files. A cookie is
an element of data that a web site can send to your Browser, which may store
some information on your computer. Then, when you come back to our site, we can
tailor information to suit your individual preferences. The goal is to save you
time, track user trends, and provide you with a more meaningful visit. Most
Internet Browsers will allow you to erase cookies from your computer hard drive,
block all cookies or receive a warning before a cookie is stored. Please refer
to your Browser instructions to learn more about these functions. Please note
that some of our Services may not function properly without the cookies.
Log information – When you access our Services, our servers automatically
record information that your browser sends whenever you visit a website. These
server logs may include information such as your web request, Internet Protocol
address, browser type, browser language, the date and time of your request and
one or more cookies that may uniquely identify your browser.
User communications – When you send email or other communications to us, we
may retain those communications in order to process your inquiries, respond to
your requests and improve our services. Affiliated sites – We offer some of our
services in connection with other web sites. Personal information that you
provide to those sites may be sent to Code_IT in order to deliver the service.
affiliated sites may have different privacy practices and we encourage you to
read their privacy policies.
Services only. We do not exercise control over the sites displayed as links from
our Services. These other sites may place their own cookies or other files on
your computer, collect data or solicit personal information from you.
HOW WE USE COLLECTED INFORMATION
Code_IT only processes personal information for the purposes described in
Such purposes include:
Providing Services to our users;
Research and analysis in order to maintain, protect and improve our
Ensuring the technical functioning of our network; and
Developing new services.
If you provide us with personal information when you sign up to our Services
and we use that information in a manner different than the purpose for which it
was collected, then we will ask for your consent prior to such use.
Code_IT processes personal information on servers in the United States of
America and in other countries. In some cases, we process personal information
on a server outside your own country. We may process personal information to
provide our own Services.
Certain of our Services may allow you to opt-out of certain information
gathering and sharing or to opt-out of certain Services or features. You will be
explained how to do so at each occasion where you have such choices.
We may share your information with third parties we use to perform certain
functions, such as hosting, text message or SMS delivery. These parties will be
contractually bound to treat your information in accordance with this Privacy
Policy and any other confidentiality and security measures instructed by us.
Otherwise, we will only share your information if we have your consent, or, we
have a good faith belief that access, use, preservation or disclosure of such
information is reasonably necessary to (a) comply with legal process or
enforceable governmental request, (b) enforce applicable Terms of Service,
including investigation of potential violations thereof, (c) detect, prevent, or
otherwise address fraud, security or technical issues, or (d) protect against
imminent harm to the rights, property or safety of Code_IT, its users or the
public as required or permitted by law.
If Code_IT becomes involved in a merger, acquisition, or any form of sale of
some or all of its assets, we will provide notice before personal information is
ACCESSING AND UPDATING PERSONAL INFORMATION
When you use Code_IT’s Services, we will make efforts to provide you with
reasonable access to your personal information, so that such data can be either
updated or deleted at your request if it is not otherwise required to be
retained by law or for legitimate business purposes. We ask users to identify
themselves and the information requested to be accessed processing such
requests. We may decline to process unreasonable requests, requests which
require disproportionate technical effort, jeopardize the privacy of others, or
would be extremely impractical (for instance, requests concerning information
residing on backup tapes), or for which access is not otherwise required.
Where we provide information access and correction, we perform this service
free of charge, unless if doing so would require a disproportionate effort.
free to contact us any time through this web site or at
Code_IT, LLC. (“us”, “we”, “our” or “Code_IT”) has formulated this Content
and Acceptable Use Policy in order to encourage the responsible use of CODE_IT
and our other services (collectively, the “Service”) by our customers and users
(“you”, “your” or “Users”), and to enable us to provide you with legally
compliant, secure, reliable and productive Services.
This Policy is applicable to all Services provided by Code_IT. We may make
changes to this Content Policy from time to time.
Users may NOT upload, post, transmit or otherwise make available through the
Service any information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials (collectively, the
“Content”) which Code_IT reasonably deems to be any of the following:
Pornography and obscenity, meaning nudity, sexually graphic material, or any
Content otherwise deemed explicit by Code_IT. Any Content intentionally driving
traffic to a monetized pornography site also falls under this definition.
Pedophilia, incest and bestiality.
Child pornography. We will cooperate fully with any criminal investigation
into any User’s violation of this policy concerning child pornography.
Advocating or counseling for sexual activities with a child also falls under
this definition. A “child” for this purpose is defined to be a person who is or
is depicted as being under the age of eighteen years.
Unlawful, harmful, threatening, violent, abusive, profane, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, racially, ethnically or otherwise objectionable.
Impersonation of any person or entity, including, but not limited to, a
Code_IT official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
Forged headers or otherwise manipulated identifiers in order to disguise the
origin of any Content transmitted through the Service.
Confidential or unauthorized Content which you do not have a right to make
available under any law or under contractual or fiduciary relationships (such as
inside information, confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements).
Infringement of any patent, trademark, trade secret, copyright or other
proprietary rights of any party.
Spam, malicious codes and viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
Broadcast / streaming type Content.
2. Further to the previous Section, you may NOT:
interfere with or disrupt the Service or servers or networks connected to the
Service (including via means of overloading, “flooding”, “crashing”)
attempt to probe, scan or test the vulnerability of our system or network or
to breach security or authentication measures without proper authorization;
take any action in order to obtain services to which such User is not
entitled, including access to data not intended for such User or logging into a
server or account which such User is not authorized to access;
provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated by the Canadian or United States government as a
foreign terrorist organization
serve unlawful purposes or for promotion of dangerous and illegal
Please do take note that violations of system or network security may result
in civil or criminal liability.
All Content whether publicly posted or privately transmitted, is the sole
responsibility of the person from whom such Content originated. This means that
you, and not us, are entirely responsible for all Content that you upload, post,
transmit or otherwise make available via the Service. Code_IT takes no
responsibility for any material input by others and not uploaded by us,
including Contents and links. Particularly, links are provided as Internet
navigation tools only, and Code_IT is not responsible for the content of any
other websites linked to our network.
Any User which we determine to have violated any element of this Policy may
be subject at our discretion to a temporary suspension of service pending such
User’s agreement in writing to refrain from any further violations; or, if we
deem it necessary, we may immediately suspend or terminate such User’s Service
without notice. Code_IT may or may not pre-screen any Content, but we and our
designees reserves the right (but not the obligation) to pre-screen, refuse, or
remove any Content that is available via the Service. Any removal of Content,
suspension or termination of Services will not prevent us from reporting
violations to appropriate authorities, or relieve the User of its
No Personally Identifiable Information (PII) data is collected and thus none
will be transmitted to third party analytics providers.
Code_IT does not have access and will not request access to data stored by
your analytics provider.
QR CODE POLICY
Basic Features means the following features of the Service:
Create individual QR Codes in the following formats (examples are provided
below in Section 21):
Establish navigation from a QR Code to the QR Code Content that is controlled
Generate and export graphical digital files of the QR Codes;
Identify each unique device used to scan your QR Code which navigates to a
URL as its QR Code Content; and
View online reports showing analytics for each QR Code.
Principal means a third party that both has authorized you as their agent to
use the Service on their behalf, and meets the requirements of this
Report means a report provided by the Code_IT Analytics
Code_IT Analytics means the Code_IT QR Code Service that enables you to view
Reports about your QR Codes, including showing various scanning activity of your
QR Codes, and export certain types of Reports in a digital file format.
Service means the Code_IT 2D barcode Service called Code_IT QR Code and
provided by us directly (not by a third party) that includes the Basic Features,
Code_IT Analytics, QR Code creation, delivery of QR Code Content, distribution
of QR Code Readers, and all other Code_IT QR Code features and functionalities
that we may, in our sole discretion, provide from time to time as part of the
Code_IT QR Code Service.
QR Code means a Code_IT branded 2D barcode that is created by Code_IT,
contains encoded data, and is in the following formats: color or black and
white, and any other format of QR Codes provided as part of the Service.
QR Code Content means data provided and controlled by you and delivered to
end users when a QR Code is scanned, such as a URL, contact information, phone
number, text strings, or other content and data that the Service may support in
QR Code Reader means the Code_IT QR Code application that scans QR Codes,
reads the encoded data, and provides QR Code Content to end users.
QR Code User means an end user that uses a QR Code Reader to scan a QR
2. AVAILABILITY OF SERVICE; CHANGES
TO THE AGREEMENT AND SERVICE
2.1 We will use commercially reasonable efforts to (a) make the Basic
Features available until at least January 1, 2015; (b) provide at least two
years prior notice before we terminate the Basic Features or the entire Service;
and (c) provide the Basic Features as part of the Service for as long as we
operate the Service generally. In addition, we will never require a fee to use
the Basic Features as part of the Service for as long as we operate the Service
This Section 2.1 does not limit our ability to charge for existing or new
features that are not Basic Features, nor to terminate or change the non-Basic
Feature portions of the general Service in our discretion at any time in
accordance this Agreement.
To help demonstrate our meaning, here is an example: if we provide notice of
termination of the Service generally on November 30, 2013, then we may
immediately terminate any and all features of the Service except for the Basic
Features, and we may terminate the Basic Features two years later on November
2.2 The commitments in Section 2.1 apply only to the Basic Features of
Code_IT QR Code, and do not apply to any feature or functionality not explicitly
listed in the Basic Features, nor any new feature or functionality. The
commitments in Section 2.1 and this Agreement do not obligate us to update or
release new versions of the Service or QR Code Reader, distribute a QR Code
Reader for any particular platforms, or provide support to you or end users. The
commitments in Section 2.1 do not apply to any new or different Code_IT product,
technology or Service, even if they provide similar functionality or use similar
technology. The commitments in Section 2.1 are not a SLA guarantee that the
Service will not be interrupted for periods of time due to technical issues.
This Agreement including the commitments in Section 2.1 do not provide you with
any implied patent rights to any patent owned or controlled by us. The
functionality defined in the Basic Features may not be supported on certain
mobile devices (e.g., some mobile devices do not support QR Codes with the
contact information in QR Code Content).
As long as the changes do not break our commitments to you in Section 2.1, we
may change the Service and the terms of this Agreement at any time and for any
reason, including without limit: remove, modify and add features; make changes
that cause existing QR Codes or any parts of the Service to stop working, and
subject features to different or additional terms and conditions. We may also
require fees for any new features and previously free features that are not
If we change this Agreement or make significant changes to the Service, then
we will notify you before the changes take effect. We may give this notice by
posting it on the Service or by any other reasonable means. If you do not agree
to these changes, then you must stop using the Service. Your continued use of
the Service following notice will be deemed to be your acceptance of the
changes. We will not be liable for any costs that you incur, or for lost profits
or damages of any kind, related to any such changes. The rights to change the
Service and the terms of this Agreement in this Section 2 are in addition to our
other rights in this Agreement and under law.
3. SERVICE USE CONDITIONS AND
Your use of QR Codes under this Agreement is subject to the following
conditions and limitations:
Subject to your compliance with the terms of this Agreement, we grant to you
a non-exclusive, personal, revocable, limited license 1) to print, otherwise
display, and distribute the QR Codes on your or your Principals’ products,
documentation, advertisements, marketing materials, and other printed or
digitally displayed content (“Your Materials”) in order for QR Code Users to
scan QR Codes on such materials; 2) (i) to use the Reports solely for your
internal business purposes, (ii) to provide the Reports to any of your
Principals solely for their internal business purposes, and (iii) to publish
limited portions of the Reports; provided that any published portions must
contain the attribution: “Information Provided by Code_IT® QR Code”; and 3) to
use the Service solely in accordance with the terms and conditions of this
Agreement. Except as specifically permitted by this Agreement, you may not
modify, copy, distribute, transmit, display, reverse engineer, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any
QR Codes, Reports, information, software, products or Services obtained from the
Once used, QR Codes should not be re-used for another purpose, campaign, or
You may print and disseminate a QR Code on Your Materials, provided that you
must comply with the implementation guidelines available within the FAQ on the
QR Code Service website which may be updated by us from time to time; the
guidelines include but are limited to the following:
You must print or display the QR Code and whitespace exactly as rendered by
the Service, without obscuring or reducing the size of the whitespace; and
You must publish or disseminate QR Code Content reasonably related to the
context in which the QR Code is published or printed. By way of example, and not
as limitation, the QR Code Content associated with a QR Code printed on a movie
poster should reasonably relate to the movie or some aspect of the movie.
If there is a conflict between the implementation guidelines and this
Agreement, the terms of this Agreement will govern.
We may institute limits on the number of QR Codes that can be created. These
limits will only apply to QR Codes created after such limit is instituted.
Provided that such QR Codes were not created in violation of any applicable
agreements, terms, or associated conditions governing the creation of QR Codes,
QR Codes created before the institution of such limit will not count toward the
All information that you provide to us in creating your QR Code must be true,
accurate and complete.
We may use technology or other means to protect the Service, protect our
customers, or stop you from breaching this Agreement. These means may include,
for example, filtering to stop spam or increase security. These means may hinder
or break your use of the Service. You may not work around or attempt to thwart
or disable any of these technical or other means. We also may, in our sole
discretion, limit the rate at which the Service or any subset of it may be
called and the number of QR Codes that can be created (“Throttling”). We may
perform this Throttling globally across the Service, per QR Code User, per each
user of the Service, or on any other basis, including applying it to the Basic
Features. You will not take steps to circumvent any technical measures we may
put in place to enforce Throttling.
4. OTHER TERMS RELATING TO YOUR USE
OF THE SERVICE, AND PROVISION OF QR CODE CONTENT
4.1 In using the Service, you will comply with any codes of conduct,
implementation guidelines or other notices of rules for the Service that we
Specifically, you agree that you will not:
Abuse or misuse the Service;
Rebrand any of the Service (including QR Codes);
Promote any of your products or Services in association with the Service
(including QR Codes) in a way which would confuse anyone about our ownership of
the Service or Code_IT QR Code technology.
Defame, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy, data protection, and publicity) of Code_IT or others;
Include in the QR Code Content or Your Materials, or provide a link to any
web site or other material that contains, any inappropriate, hateful, adult,
defamatory, obscene, indecent or unlawful topic, name, material or
Post, disclose or otherwise make available, personally identifiable
information of a third party in QR Code Content, unless you have permission to
Use any material or information in QR Code Content that infringes any
copyright, trademark, patent, trade secret, or other branded right of any party
(including rights of privacy or publicity) in any manner;
Violate any applicable laws, rules, or regulations in your use of the Service
or the sale and distribution of Your Materials;
Use any automated means, including, without limitation, agents, robots,
scripts or spiders, to access your Account (as defined below), to monitor or
copy any the Service or the content contained therein, or bypass our tools or
Services to interfere or attempt to interfere with the proper working of the
Service, or authorize or instruct any third party to do so;
Take any action that imposes an unreasonably or disproportionately large
burden on the Service; such burden being determined in our discretion;
Use the Service in a way that harms us or our affiliates or suppliers
(collectively, the “Code_IT parties” );
Use any portion of the Service or any web site that displays or performs
content from the Service, as a destination linked from any unsolicited bulk
messages or unsolicited commercial messages (“spam”);
Damage, disable, overburden, or impair the Service (or the networks connected
to it), or interfere with anyone’s use and enjoyment of the Service;
Sell, lease, sublicense or otherwise transfer your Account;
Attempt, through hacking, password mining or any other means, to gain
unauthorized access to the Service, other accounts, computer systems or networks
connected to any Code_IT server or to the Service; and
Obtain or attempt to obtain, through the Service, any materials or
information through any means not intentionally made available through the
4.2 Your Dealings with Others. With respect to your use of the Service on
behalf of your Principals, you are responsible for any acts or omissions of your
Principals in using the Service, including any acts or omissions that would
otherwise be a breach of this Agreement. You will ensure that your Principals
agree to abide by all terms and conditions of this Agreement that apply to you.
We do not validate or control your QR Code Content nor take any responsibility
for it. We may screen the QR Code Content in our sole discretion. We do not
claim ownership of the QR Code Content nor any other materials you provide to
us. By providing and specifying your QR Code Content, you are granting us, our
affiliated companies and necessary sub-licensees, permission to use and display
your QR Code Content and your Principal’s QR Code Content (including any logos,
trademarks or Service marks) in order to provide the Service to you and your
Principals, including the right to transmit the QR Code Content to QR Code Users
who scan a QR Code associated with the QR Code Content. You are solely
responsible and liable for your QR Code Content, and we have no obligation or
liability with respect to such QR Code Content. We assume no responsibility for
any costs incurred by users related to the delivery of QR Code Content.
Any relationship between you and a third party (including any Principal and
QR Code User) in connection with any QR Code or otherwise in connection with the
Service is between you and such third party directly and not with us. If you
assert a claim that relates to or implicates your relationship with a third
party, you must only assert such claim against the third party, and you will not
assert any such claim against us. You are solely responsible for your dealings
with any third party, including
delivery of and payment for goods and Services;
processing and verifying orders, payments and other transactions;
customer support related to orders or transactions (e.g., lost orders,
billing disputes, payments, etc.);
determining, collecting and remitting to the appropriate authority all taxes
(if any) arising from or related to such orders or transactions; and
the purchase and use by you or the third party of any third-party products
You represent and warrant that:
the products and Services you advertise, sell, and distribute are legal for
sale and distribution and do not violate this Agreement;
you have all licenses necessary to sell, distribute and advertise the goods
and Services you offer; and
all sales and advertisements will comply with applicable law.
4.3 We reserve the right at all times to edit, refuse to post or to remove
any information or materials or content, including any QR Code Content, in whole
or in part, in our sole discretion. We reserve the right, in our sole
discretion, to determine whether your use of the Service is in accordance with
the terms of this Agreement. By using the Service, you acknowledge that we have
the right to list you on a list of customers using the Service.
5. RESERVATION OF RIGHTS
Code_IT and its suppliers retain all right, title, and interest in and to the
Service and the QR Code technology and all intellectual property rights in them.
Subject to the following, this Agreement does not grant you any rights in any
Code_IT logo, trademark or Service mark. Except as permitted in the
implementation guidelines or the required Code_IT attribution required to be
provided with Reports, you will not (i) use any logo, trademark, slogans,
Service mark or any other trade symbols of Code_IT for any purpose or (ii)
associate yourself, your company, or any of your products with Code_IT, without
the prior written approval of Code_IT. You will not claim or imply any
sponsorship or endorsement of your products or Services by Code_IT.
6. PRIVACY AND PROTECTION OF
6.1 We may make aggregated, anonymized data from your use of the Service
available to third parties in summary analytics, without identifying you. All
access to and use of the Service is subject to the data practices set forth in
the privacy terms in the statement above and this Agreement. In particular, we
may access or disclose information about you or your Principals, including the
content of your or your Principals’ communications, in order to: (a) comply with
the law or respond to lawful requests or legal process; (b) protect the rights
or property of us or our customers, including the enforcement of our agreements
or policies governing your use of the Service; or (c) act on a good faith belief
that such access or disclosure is necessary to protect the personal safety of
our employees, customers or the public. Access to and disclosure of the
information described in the preceding sentence is at our sole and complete
6.2 Information that is collected by or sent to us in connection with this
Agreement, the use of the Service may be stored and processed in the United
States or any other country in which we or our affiliates, subsidiaries, or
Service providers maintain facilities. We abide by the safe harbor framework as
set forth by the U.S. Department of Commerce regarding the collection, use, and
retention of data from the European Union, the European Economic Area, and
6.3 You are responsible for providing your Principals with notice of our
privacy practices applicable to the Service. If you solicit, collect, or use
data from QR Code Users in connection with your use of the Service, you are
responsible for providing them with adequate notice of your own privacy
practices in compliance with law.
7. MEMBER ACCOUNT, PASSWORD, AND
Use of Service requires you to open an account (“Account”) Opening an Account
requires you to complete the registration process by providing us with current,
complete and accurate information as prompted by the registration form. You also
will choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your passwords and Account. Furthermore, you
are entirely responsible for any and all activities that occur under your
Account. You agree to notify us immediately of any unauthorized use of your
Account or any other breach of security. We will not be liable for any loss that
you may incur as a result of someone else using your passwords or Account,
either with or without your knowledge. However, you could be held liable for
losses incurred by us or another party due to someone else using your Account or
passwords. You may not use anyone else’s Account at any time without the
permission of the Account holder.
If you give feedback about the Service, you give to us, without charge, the
right to use, share and commercialize your feedback in any way and for any
purpose. You also give to third parties, without charge, any patent rights
needed for their products, technologies and Services to use or interface with
any specific parts of a Code_IT software or Service that includes the feedback.
You will not give feedback that is subject to a license that requires us to
grant any rights or make any payments to third parties because the feedback was
incorporated into our software, documentation or other products. These rights
survive this Agreement.
9.1 You warrant and represent that any and all information that you provide
to us in signing up for an Account and using the Service, is truthful, accurate,
and in compliance with the terms of this Agreement. You warrant, represent, and
covenant to us that: 1) the QR Code Content is accurate, complete and current,
and you are fully authorized to provide the QR Code Content and to authorize us
to provide the QR Code Content to QR Code Users; and 2) the QR Code Content, and
any website linked to it from your QR Code Content (a) complies with all
applicable laws and regulations, (b) does not infringe, misappropriate or
otherwise violate any third party intellectual property right, (c) does not
breach the rights of any