Terms of Services

Last updated: December 09, 2021

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.upcbulk.com website (collectively and together with all related services and activities, the "Service") operated by UPCBulk Software, Company (“UPCBulk”, "us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users and others who wish to access or use the Service.  We will refer to users of the Service as “users”, “you”, “your” and similar terms.  If you are accessing and/or using the Service on behalf of an entity, the foregoing terms apply to the entity, you and the entity represent and warrant that you have full authority to accept and enter into these Terms and Conditions, and your acceptance of these Terms and Conditions is binding on the entity.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Using the Services

UPCBulk's Services include product lookups and API-based product lookup services ("API Services"), which permit you to lookup barcode numbers (UPC) along with additional product data.

API Services are provided pursuant to a recurring subscription that, depending on the terms of your particular subscription, permits you to make a certain number of API calls. UPCBulk shall provide you with an API key and instructions for using API Services. UPCBulk does not integrate the API Services with any third party application. You are responsible for all development costs, coding, debugging and integration with the API and your application.

UPCBulk shall provide you, whether as a result of Lookup Services or API Services, with a UPC number, barcode type (EAN, UPC or ISBN), product name, category or any additional product information discovered for each successful lookup ("Product Data"). Product Data shall be provided to you, in the case of API Services, in JSON format. UPCBulk does not guarantee that the Services will produce data in response to lookup requests you submit.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times, and that you have all legal permissions and authority necessary to provide us with such information and to enter into these terms on behalf of the applicable individual or entity. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Service Subscription

UPCBulk grants you a non-exclusive, non-sublicensable, non-assignable, revocable, limited subscription to use the Services to make API calls and receive Product Data in response to such calls; and use any UPCBulk 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.

Subscription Restrictions

You agree to not: (a) scrape, data mine or otherwise collect content from the Services, except in connection with your use of the API 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 UPCBulk.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • 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 above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at [email protected]

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of UPCBulk Software, Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of UPCBulk.

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Services ("Feedback") provided by you to UPCBulk are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback are original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

Privacy Policy

Your use of the Service is subject to UPCBulk Privacy Policy (https://upcbulk.com/privacy), which is incorporated by reference and made a part of these Terms.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by UPCBulk.

UPCBulk has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that UPCBulk shall not be 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Suspension / Termination of Accounts

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

Without limiting the foregoing, UPCBulk may suspend or terminate your account for any of the following reasons:

  • The use of any fraudulent or inaccurate payment method in connection with your use of, or payment for, the Service
  • Engaging in any of the Prohibited Behavior described above.

If UPCBulk suspends your account, you may provide us with any circumstances you believe are relevant to the suspension by contacting us at [email protected].  All determinations with respect to any suspension or termination or any account will be made by UPCBulk in our sole discretion.

Suspended or terminated accounts are generally not eligible for any refund, although UPCBulk may provide exceptions to this policy in individual cases where warranted in its sole discretion.

If an account is suspended and subsequently reinstated by UPCBulk, the term of the Subscription then in effect will be extended for the length of the suspension.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless UPCBulk Software, Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Disclaimer Of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

UPCBULK SOFTWARE, COMPANY AND ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.