Privacy Policy & Terms of Services

Privacy Policy 

This Privacy Policy details the information and data that we collect and process to support HoloShield®, QR Manager® and other products and features offered by AuthentiBrand® (collectively, “Products”). This Privacy Policy is for the purposes of helping you understand what information we collect and why we collect it.

The types of information that we collect. We collect information to provide better services to our users. As such, the information we may collect, and how that information may be used, depends on how you use our Products.

Things you create or provide us. When you create an AuthentiBrand account, you provide us with personal information that may include your name and password. You may have the opportunity to add a phone number or payment information to your account. Even if you aren’t signed in to an AuthentiBrand account, you may decide to provide us with certain information, like an email address that we may use to send you updates about our Products.

Information and content that you provide. We collect the content that you create, upload, view, or receive from others when using our Products, including but not limited to when you sign up for an account, create or share content, and more. As such, we can collect information contained in or related the content that you provide; for example, metadata about the content such as location and date of creation. We can also collect what you see while using the Products, such as cameras. We may automatically process content that you and others provide to, among other uses, analyze the context of the Products’ use.

Networks and connections. We may collect information about the people, accounts, entities, services, and products that you interact with while using our Products. We may also collect contact information if you choose to upload, sync, import, or create such information from a device.

Information we collect as you use our services. We may collect information about how you use the Products. This may include, but is not necessarily limited to, the type of content that your view or engage with in the Products; the features that you use; the actions that you take within the Products; the people or accounts that you interact with within the Products; and the time, frequency, and length of your use of the Products. We may also collect information related to how you use certain features contained in the Products.

The information that we may collect include unique identifiers, device type and settings, application version number, operating system, browser type and settings, and mobile network information including but not limited to carrier name and phone number. We may also collect information related to the interaction of your apps, browsers, and devices with our Products, which may include, but is not necessarily limited to, IP addresses, cookies, system activity, crash reports, and/or the date, time, and URL of your request.

We may also collect this information when a Product on your device contacts our servers. This may include information such as carrier name, device type, which software applications you have installed on said device, and crash reports.

Information about transactions made with the Products. If you make purchases or other financial transactions within our Products, we may collect information about the purchase or transaction. This includes payment information, such as credit and/or debit card numbers, other information about your payment card or account, other account and authentication information, as well as contact, billing, and shipping information.

Your information from third parties. We may also receive and analyze content, communications, and/or other information that third parties provide while using our Products. This may include information about you, if applicable.

Information from our partners. Advertisers, developers, publishers, and third parties may send us information through the Products that they use. These third parties may provide information about your activities on or off of the Products, such as information about your device, which websites you have visited, the purchases you have made, the online advertisements that you’ve seen, and how your use their services. This applies whether or not you have an AuthentiBrand account or are logged into the Products.

These third parties may receive your data when you visit or use their services through third parties that they may work with. However, we require each of these third parties to have the lawful right and ability to collect, use, and share your data before they provide any such data to us.

How we use this information. We may use the information that we have collected (as described above), in ways described below, and in an effort to provide and support the Products.

To provide, personalize, and improve the Products. We may use the information that we’ve collected to deliver the Products. This may include personalizing features and content, as well as offering suggestions for you on and off of the Products. To do so, we may use information about your connections, preferences, interests, and activities based upon the data that we’ve collected pursuant to this policy. We may also use information about how you use and interact with the Products, as well as the entities, places, or things that you’ve interacted with on and off of the Products.

To provide analytics and other business services. We may use the information that we have to help advertisers and other third parties measure the effectiveness and distribution of their ads and services, and to understand the types of people who use their services and how people interact with their websites, apps, and services.

To safely provide the Products. We may use the information that we’ve collected to verify accounts and activity on the Products. We may also use the information that we’ve collected to recognize and prevent spam and other sub-optimal experiences on the Products, to maintain the Products’ integrity, and to promote, to the best of
our ability, safety and security on the Products.

To communicate with you. We may use the information that we’ve collected to send you marketing communications, to communicate with you about the Products, and to let you know about updates to our policies. We may also use the data we’ve collected to respond to any requests that you’ve submitted to us.

How do we share your information?
Sharing on our Products

To share with third parties of your choosing. You may choose to share and communicate various information with third parties while using our Products. We also may allow third party accounts see who has accessed, viewed, or shared their content on the Products.

Public information. Certain information marked as “public” may be seen by anybody, either on or off of our Products. This may also occur if a third party does not have an AuthentiBrand account. This may include, but is not necessarily limited to, your username; any information that you’ve chosen to share with a public audience; information in your public profile; as well as all content you’ve shared on a public forum. You, third parties using the Products, and we may provide access to or send public information to any third parties, either on or off of our Products, including, but not necessarily limited to, search results or via other tools and APIs. Public information may also be accessed, reshaped, or downloaded through third party services (for example only, search engines, APIs, and TV, as well as by applications, websites, and other services that we may allow to integrate with our Products).

Content about you that third parties share. You should carefully consider who you choose to share with on our Products, because third parties who may be able to see your activity on our Products may also be able to share it with others on and off of the Products. This can include entities outside of the audience that you’ve initially decided to engage with.

Third parties may also be able to use the Products to create and share content about you with the audience of their choice. If you are uncomfortable with information that third parties have shared about you on our Products, you may be able to report such content to us for moderation in our sole and exclusive discretion.

Applications, websites, and third parties integrating with the Products. When you make the decision to use third party applications, websites, and/or other services that use or integrate with our Products, such third parties may be able to receive information about your activity on our Products. Such third parties may also be able to access your public profile and/or any other
information that you’ve decided to share with them.

New ownership. If the ownership or control of all or part of our Products, or the assets thereof, changes, as it may from time to time, we may transfer and/or otherwise share your information to any such new owner.

 

Sharing with third parties.

We reserve the right to work with third-party partner to help us provide and improve the Products, or who use the Products to grow their business. This makes it possible to operate and provide the Products. For example, here are some types of third parties that we may share information that we’ve collected with:

Partners using our analytics services. We may provide aggregated statistics and insights to allow third parties to understand how people engage with their content on and off of our Products. For example, third parties may receive information about the number of
accounts who viewed, reacted to, or commented on their content. This may also include information about aggregate demographics and other insights to help third parties understand the interactions that occur with their accounts.

Advertisers. We may provide advertisers with reports reflecting who sees their advertisements and how their advertisements perform. For example, we may provide general demographic and interest information to advertisers to better their understanding of the audience that they reach. We may also confirm the path that led you to make any purchases or take any action with a third-party advertiser.

Measurements. We may share information about you that we’ve collected with third parties that will aggregate such information to provide analytics and measurement reports to our third-party partners.

Sales information on our Products. If you make any purchase or subscription from a third party in our Products, such seller may receive your public information and any other information that you’ve chosen to share with them. Further, such third parties may receive all information necessary to complete the transaction, which may include your shipping and contact information.

Vendors/Service Providers. We may provide, in our sole and exclusive discretion, any and all information and content that we’ve collected to vendors and/or service providers who support our businesses. This may include, but is not necessarily limited to, providing technical infrastructure services, facilitating payments, conducting surveys, and/or analyzing how our Products are used.

Law enforcement. We may share the information that we’ve collected to law enforcement, or in response to certain legal requests, with no notice to you. For example, in response to legal request such as a warrant, court order, or subpoena, when we have a good faith believe that the law requires us to do so. This may also include responding to such legal requests from jurisdictions outside of the United States of America, when we have a good faith belief that we are required to do so and when such a request is consistent with internationally recognized standards.

The information that we collect and/or receive can be accessed and/or preserved for an extended period of time when it is subject to a legal request or obligation, government investigation, or an investigation into possible violation of our terms or policies, or when doing so is otherwise used to prevent harm.

 

California Privacy Notice

This California Privacy Notice (“Notice”) is for California residents and is supplemental to our Privacy Policy. This Notice is used to explain how we collect, use, and share your Personal Information, as well as how you may exercise your rights under the California Consumer Privacy Act (“CCPA”).

“Personal Information”, as used in this Notice, means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is aggregated or information that cannot be reasonably linked to you.

How we collect, use, and share Personal Information. To provide the Products, as defined in the Privacy Policy incorporated by reference herein, we must process certain information about you. This includes, but is not necessarily limited to, Personal Information, whether or not you are registered and/or logged in to the Products. Subject to any limitations set forth in our Privacy Policy, we reserve the right to share your Personal Information for our business purposes with restrictions on how our partners can use and disclose the data that we collect and provide, at your direction, or in ways otherwise allowed by the CCPA.

To better understand the type of information that we collect, and how we use such information, you should review our Privacy Policy in detail. Below is a summary of the CCPA-related categories of Personal Information that we reserve the right to collect about your over the past 12 months. This can depend on how you use the Products, as well as how we use the Personal Information and with whom we share it.

Categories of Personal Information that we reserve the right to collect may include: (I) Identifiers; (II) Data with special protections, if you have decided to provide it to us; (III) Commercial information, if you have decided to provide it to us; (IV) Audiovisual, photographic and other imaging materials, if you or others decide to provide it to us; (V) Information related to Internet and electronic network activity, if you have decided to provide it to us; (VI) Professional or employment information, if you have decided to provide it to us; (VII) Educational information, if you have decided to provide it to us; (VIII) Financial information, if you have decided to provide it to us; and, (IX) Information that we derive from other Personal Information about you, including but not limited to your preferences, interests, and other information used to personalize the Products’ experiences.

Examples of how Personal Information is used includes, but is not limited to, the following: (I) Providing, improving, and personalizing the Products; (II) Facilitating financial transactions, providing measurements, and providing authentication of goods; (III) analytics, advertising, and other business services; (IV) Promoting the safety, security, and reputational and operational integrity of the Products; (V) Communicating with you; and, (VI) Researching and innovating.

Parties with whom we may share each category of Personal Information with include, but are not limited to, the following: (I) Individuals, entities, and accounts that you have decided to share and/or communicate with; (II) Individuals, entities, and accounts that third parties may share or re-share information about you with; (III) Third party software, websites, and other integrations that integrate with and/or use the Products; (IV) New ownership, in the event of an ownership or control change relating to one or more of the Products and/or their assets; (V) Third party partners, including partners who use our analytic services, advertisers, measurement partners, partners offering goods and/or services via the Products, vendors and service providers, and/or researchers and academics; (VI) Law enforcement or other third party entities in connection with certain legal requests; and, (VIII) other companies subsidiary to or related to Authentic Brand.

To learn more about how we process the information that we collect, including other types of Personal Information that we may collect, please refer to our Privacy Policy.

Sources of Personal Information. We may receive Personal Information from the information that you or third parties provide to use, from your device(s), and from other third parties. The categories of sources from which we may collect or receive Personal Information include:

You. We may collect content, communications, and other information that you decide to provide to us when you use the Products. This may include when you sign up for an account, create or share content via the Products, and message or otherwise communicate with third parties. We may collect information about the individuals, entities, accounts, hashtags, and groups that you may be connected to, as well as how you interact with each of the same across the Products. We may also collect information related to your use of the Products, including advertisements that we serve to you on and off of the Products, the types of content you view or engage with, the features you use, your actions, the individuals, entities, and/or accounts that you interact with, as well as the time, frequency, and length of such activities.

Third Parties. We may also receive and analyze information, communications, and/or other content about you that third parties provide to use when they use the Products.

Your device(s). We may collect information from and about the computers, phones, tablets, wearable computers, connected televisions, routers, and other web-connected devices that you decide to use to access or integrate with our Products. We may also combine this information across different devices that you may use.

Related companies. We may receive information from other AuthentiBrand Companies to help us provide you with a relevant, consistent, quality, and safe experiences across the Products. We may also process information about you across the AuthentiBrand Companies for related purposes, as allowed by applicable law and according to the relevant terms and policies.

Third party partners. Advertisers, software developments, publishers, and other types of partners may decide to send certain information to us for purposes relating to business, including social plug-ins, logins, APIs and SDKs. Such partners may provide information about your activities outside of the Products, including information about your device(s), websites that you visit, things you do on third party services, and purchases that you’ve made. We may also receive information about your online and offline activities, purchases from third-parties who have the rights to provide us such information. Partners may receive your data when you visit or use their services, or via third parties that such partners may decide to work with. We require each such partner to have the right to collect, share, and use your data or information before they provide any such data or information to us.

Exercising your rights under the CCPA. You have the following rights under the CCPA:

The right to know. You have the right to request that we disclose to you the Personal Information that we have collected, used, or disclosed. You similarly have the right to request information about our data practices.

The right to request deletion of information. We have the right to request that we delete the Personal Information that we may have collected from you.

The right to non-discrimination. We cannot and will not discriminate against you if you exercise any of these rights.

To exercise your “right to know” and/or your “right to request deletion”, please send an email to CCPA@AuthentiBrand.com.

Please understand that, in an effort to protect your information as well as our Products’ integrity, we may request to verify your identity before we can process any such request(s). In certain situations, we may need to collect additional information from you in order to verify your identity, such as your government-issued ID.

Under the CCPA, you may decide to exercise these rights yourself. You may also designate an authorized agent to make these requests on your behalf. Generally, we will facilitate your requests through automated tools which are available via your AuthentiBrand account.

If you have additional questions about this Notice, or about how you may exercise your rights under the CCPA, please contact us as CCPA@AuthentiBrand.com.

Date of last revision: January 15, 2021.
Download PDF of this Document HERE

 

 

Terms of Service and End User License Agreement

AuthentiBrand®, Inc. offers technologies and services that enable businesses to help grow and for consumers to verify the authenticity of certain goods, among other purposes. These Terms of Service and End User License Agreement (the “Terms”) governs your use of HoloShield®, QR Manager®, HoloBrands, and other products, features, software, technologies, and services offered by AutheniBrand, Inc. (collectively, the “Products”), unless we have expressly stated that a separate set of terms (and not these Terms) apply to the same.

By registering for an account, installing, or using any of the Products in any way, you accept these Terms, the Privacy Policy, and the processing of your personal data. If you do not consent to these Terms, you should not register for account, install, or use any of the Products in any way.

Who we are. The entity that you are contracting with is AuthentiBrand, Inc. In these Terms, this entity is referred to as “AuthentiBrand”, “we”, “our”, and/or “us”.

Please be aware that these Terms contains provisions which govern how any disputes between you and us are revolved. It also contains an Agreement to Arbitrate which will, with limited exception, require that you submit any and all claims against us or our agents to binding and final arbitration.

Use of the Products. In order to use the Products, you must follow some simple rules. The Products are only available on the condition that you do not misuse the Products such that AuthentiBrand, Inc. or any other party is harmed in any way. You may only use the Products as is permitted by applicable law and these Terms. By using the Products, you agree to the following:

• All of the personal data provided by you is accurate and up to date.
• You are solely and exclusively responsible for any and all activities associated with your account, as well as any and all content and/or information that is uploaded and/or created by your account (“User Materials”).
• AuthentiBrand does not currently monitor the contents of the Products. However, we may, at any time and in our sole and exclusive discretion, choose to remove any User Materials from the Products and/or your account. We may further, at any time and in our sole and exclusively discretion, choose to terminate your account and membership associated with and or all of the Products.
• You are prohibited from using the Products to manipulate the price, contents, or other information of any item or in any way interfere with content posted by any other user.
• You must not transfer your account, including your email and password, associated with any and all of the Products to any other third party for any purpose or length of time whatsoever. You are further solely and exclusively responsible for storing your log-in information. If you suspect that your account is being used in any unauthorized way whatsoever, you must immediately inform AuthentiBrand. AuthentiBrand is not responsible in any manner whatsoever for any loss or damage you may suffer from any unauthorized access to your account or any unauthorized use of your login information.
• The Products are not intended to be used by any person under the age of 13. In order to use any of the Products, you agree that you are at least 13 years old.
• Similarly, you are prohibited from using the Products if you are unable to form legally minding contracts, or you are temporarily or indefinitely suspended from using the Products, or you are a person with whom transactions are prohibited under economic and/or trade sanctions.
• You are prohibited from taking any action whatsoever that may undermine any feedback or ratings systems inherent to the Products.
• You are prohibited from using the Products to distribute or post spam, unsolicited, or bulk electronic communications, chain letters, and/or pyramid schemes.
• You are prohibited from using any robot, spider, data mining tool, scraper, data gather and extraction tool, or any other automated means whatsoever to access the Products for any purpose, except with our prior express permission.
• You are prohibited from using the Products in any way whatsoever what may infringe upon the copyright, trademark, trade secrets, patent, publicity, moral, database, and/or other intellectual property rights (collectively “IP Rights”) that belong or are licensed to us. Some, but not all, actions that may constitute infringement are: producing, performing, distributing, displaying, copying, reverse engineering, decompiling, disassembling, and/or preparing derivative works from content that belongs to either us or any other third party, without the owner’s express written permission.
• Similarly, you are prohibited from using the Products in any way whatsoever which may infringe any IP Rights that belong to any other third parties.
• You are prohibited from commercializing any of our Products or any information and/or software associated with the Products, except with our express written permission.
• You are prohibited from harvesting and/or otherwise collecting information about third parties and other users without their consent to do so.
• You are prohibited from circumventing any technical measures that we may use to provide the Products.
• You are prohibited from engaging in any and all unlawful activities when using the Product. This includes, but is not necessarily limited to, contributing any information or data which in any way contains or involves incite to racial hatred, defamation, harassment, child pornography, pornography, propaganda, religious and/or political views, and/or false, inaccurate, deceptive, defamatory, libelous, and/or misleading content.
• If you have any criticisms of the Products, pleas contact us directly to help us improve the Products.
• You are prohibited from transmitting and/or distributing files, data, or other information which may damage the Products or third parties’ computers and/or property (for example only, viruses and/or trojan horses.
• You may opt to purchase finished labels with QR codes from us. Alternatively, you may print your own labels with our QR codes that interface with our Products. In either event, you agree that any such QR codes will interface with the Products to control how said QR codes are used.

If you violate any of these Terms, your account and/or any subscriptions may be terminated at any time. In such an event, you will not receive any refund whatsoever of any money paid to AuthentiBrand, Inc. If we believe, in our reasonable discretion, that you are abusing the Products in any way whatsoever, we may, in our sole and exclusive discretion and without limiting any other remedies available to us, suspend, terminate, or otherwise limit your user account(s) and access to the Products, delay or remove content uploaded or hosted by you, remove any special status associated with your account(s), remove, demote, or otherwise not display your content, and/or take any and all technical or legal steps necessary to prevent you from using the Products going forward.

We may cancel unconfirmed accounts that have been inactive for a set amount of time. Additionally, we reserve the right to modify, terminate, or refuse any and all aspects of the Products to anyone for any reason whatsoever, in our sole and exclusive discretion.

Policy Enforcement.  If any issue whatsoever may arise, we may consider the user’s activity history and the specific circumstances when we apply our policies. We reserve the right to implement a more lenient policy enforcement approach at any time, in an effort to do right by all users of our Products. Additionally, we reserve the right to implement policy enforcement approaches which may be consistent with past or future policy enforcement.

 

Listing and Content Conditions.

When submitting an item, listing, content, and/or other information to our Products, you agree to the following:

• You assume full responsibility for the item, content, or other information offered, and you assume full responsibility for the accuracy of the same.
• Your item, content, or other information may not be immediately searchable by keyword or QR code scan for several hours. We are unable to guarantee exact listing duration.
• Content that violates any of our policies may be modified, obfuscated, deleted, or otherwise not shown, at our sole and exclusive discretion.
• We reserve the right, but not the obligate, to revise product data or other information associated with lists to supplement, remove, or correct various information.
• We strive to cultivate an experience where users can find what they are looking for. Therefore, the results of listings in any search and browse results that we may offer in the future may depend on a variety of factors, including, but not limited to:
  • The searching party’s location, search query, browsing site, and history;
  • The item, content, and/or other information’s location, listing format, contents, history, and relevancy to the user’s query;
  • The offering party’s history, including listing practices, policy compliance, feedback, and defect rate; and,
  • The number of listings that match the searching party’s query.
• To drive a positive user experience, an item, listing, content, or other information may not appear in results (either search and browse results or via QR code), regardless of any sort order chosen by the searching party.
• Uploading duplicates of items, listings, content, and/or other information may also affect how or whether any particular item, listing, content, and/or other information appears in search and browse and/or QR code scan results.
• We may remove and/or alter metadata and URL links that may be included on any item, listing, content, and/or other information for the purpose of limiting adverse third-party search engine results.
• We may opt to provide you with optional recommendations when creating items, listings, content, and/or other information. Any such recommendations may be based upon aggregate search, sales, and/or performance history of similar and current items, listings, content, and/or other information. Results may vary for each individual item, listing, content, and/or information. To power our recommendations experience, you agree that we reserve the right to display historical information including but not limited to sales, performance, and/or popularity of individual items, listings, content, and/or other information to third parties.

Content & Intellectual Property. When you provide items, listings, content, and/or other information while using our Products (either directly or indirectly), you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through one or more tiers) right to exercise any and all IP Rights that you may have in that item, listing, content, and/or other information in connection with us operating, offering, expanding, and promoting the Products. This license extends to any medium known currently and to any and all medium that may be developed in the future.

To the greatest extent permitted by law, you agree to waive your right to enforce your IP Rights to said item, listing, content, and/or other information against AuthentiBrand, Inc., as well as against our assignees, our sub-licensees and their assignees, in connection with our, those assignees’ and sub-licensees’ use of said item, listing, content, and/or other information.

You represent and warrant that, for all such items, listings, content, and/or other information that you provide to us, you own or otherwise control all necessary rights to do so. You further represent and warrant to us that all items, listings, contents and/or other information that you provide to us is accurate. You further represent and warrant that the use of any such item, listing, content, and/or other information (including derivative works thereof) by us, our users, or other third parties via contract with us, in compliance with these Terms, does not and will not infringe upon any IP Rights of any third party. We take absolutely no responsibility, and we assume absolutely no liability, for any content provided by you or any third parties.

We may offer product data, including but not limited to images, descriptions, and specifications. Such data may be provided by third parties, including our users. We may decide to allow you to use said content in your items, listings, contents, and/or information in the Products. If we do so, you agree that we are not responsible for examining or warranting the listings or content provided by third parties via the Products. You further agree that you will not attempt to hold us or our data provider(s) liability for any inaccuracies in the same. Any such product data may include copyrighted, trademarks, and/or other proprietary information and/or data. You must not remove any copyright, proprietary, or identification markings in any product data, and you must not create any derivative works based upon said product data, except as you may include said data in your items, listings, content, and/or other information.

It is our intent to offer reliable product data. However, we cannot promise that the content provided via the Products will always be available, accurate, up-to-date, and/or complete. You agree that we are not responsible for examining or warranting the items, listings, content, and/or other information provided by third parties via the Products. Further, you must not attempt to hold us and/or our assignees, sub-licensees, and/or data providers liable for any inaccuracies in the same.

The names “AuthentiBrand”, “HoloShield”, “QR Manager”, and “HoloBrands”, among other marks, logos, designs, and phrases that we may use in connection with the Products are our exclusive trademarks, service marks, or trade dress owned exclusively by us in the U.S. and/or other countries. You must not use any such trademark, service mark, and/or trade dress without our prior express written permission.

We may respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. We may work to ensure that all items, listings, content, and/or other information provided via the Products do not infringe upon the copyright, trademark, and/or other intellectual property rights belonging to third parties. If you believe that your IP Rights have been infringed upon, please notify us and we will investigate the issue further.

Retention, analysis, and recordation of communications.  We may contact you using autodialed or prerecorded calls and/or text messages at any telephone number that you have previously provided to us. We may do so to notify you about your account; troubleshoot problems associated with your account, resolve disputes, attempt to resolve disputes, collect debts, attempt to collect debts, learn your opinions, or as otherwise reasonably necessary or beneficial to service your account, enforce these Terms, our other policies, applicable law, and provide the Products. We may also contact you using autodialed and/or prerecorded calls, text messages, and/or emails for marketing purposes if you consent to such communications. The information that we collect, how we use it, how we disclose it, how we retain it, and how we protect it are governed by our Privacy Policy.

We may share your contact information with our authorized service providers. Any such service provider may contact you using autodialed or prerecorded calls, text messages, and/or emails only as we may authorize to carry out the purposes of this provision.

We may, in our sole and exclusive discretion and without further notice or warning, monitor or record telephone, text message, and/or email conversations that you, or any agent acting on your behalf, have with us or our agents for the purposes of quality control and training purposes, as well as for our own protection.

Our systems may scan and analyze the contents of every message sent through the Products, including but not limited to messages between users, in order to detect and prevent fraudulent activities or violations of these Terms, as well as for any other purpose, pursuant to our Privacy Policy. Any such scanning may take place before, during, or after such messages are sent, or while the messages are being stored. This may result in messages being delayed or otherwise withheld. We reserve the right to store message content, including but not limited to conducting said scanning and analysis.

Disclaimer and limitation of liability. We strive to keep our Products safe, secure, and functioning property. Nonetheless, we cannot guarantee that the Products will continue to operate or that you will be able to access the Products.

You agree and understand that by using the Products, you are doing so at your own risk. We provide the Products on an “AS IS” and “AS AVAILABLE” basis. As such, we exclude and /or disclaim all express or implied warranties, terms, and conditions to the extent allowed by law, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Additionally, we are not liable, and you agree not to hold us responsible, for any or all damages or losses resulting directly or indirectly, to the extent allowed by law:

• The items, listings, content, and/or other information that you directly or indirectly provide while using the Products;
• Your use of, or your inability to use, the Products;
• Price, shipping, format, or other guidance that we may provide;
• Delays or disruptions in the Products;
• Viruses and/or other malicious software collected or obtained in accessing and/or using the Products;
• Glitches, bugs, errors, and/or inaccuracies of any kind whatsoever in the Products;
• Any and all damage to your hardware incurred in the use of the Products;
• Any and all content, actions, or omissions of third parties, including but not limited to the items, listings, content, and/or information via the Products;
• Any and all suspensions and/or other action that we may take in association with your account or a breach of these Terms or any of our other policies;
• The duration, manner, and/or method in which your items, listings, content, and/or other information may appear in search results and QR code results; or,
• Any need you may have to modify practices, content, listings, items, and/or other information, or your behavior or your loss of or inability to perform business, as a result of changes to these Terms or any of our other policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusions of damages. If that is the case in your jurisdiction, such disclaims and/or exclusions may not apply to you.

Notwithstanding anything in these Terms, if we are found liable by any court of competent jurisdiction, our liability to you and/or any third party is limited to the greater of either (1) all amounts due to you by us; or (2), ten dollars ($10.00).

Miscellany  If a dispute arises between one or more users, you release us, our affiliates and subsidiaries, and our and their respective officers, directors, employees and/or agents, from claims, demands, and actual and consequential damages of every kind and of every nature, known and unknown, arising out of or in any way related to or concerning such dispute(s). By entering into this release, you expressly waive any protects, statutory or otherwise, that would otherwise limit the coverage of this release to include only claims which you may know or you suspect to exist in your favor at the time that you agree to this release.

You must indemnify and hold us, our affiliates, subsidiaries, and out and their respective officers, directors, employees, and/or agents harmless from any and all claims and demands, including reasonable attorneys fees and costs, made by any third party  as a result of you breaching any and all of these Terms, your improper use of the Products, or your violation of any law and/or third party rights.

We reserve the right to amend these Terms, the Privacy Policy, and/or any other policies relating to or concerning the Products at any time by posting the amended terms on a website on the www.authentibrand.com domain. We reserve the right to modify, add to, or subtract from the terms and conditions set forth in these Terms, the Privacy Policy, and/or any other policies relating to or concerning the Products. We will strive to provide our users with thirty (30) days’ notice of amended terms by posting any such amended terms. Your continued access to or use of the Products constitutes your acceptance of the Terms, as they exist at that time, including amended terms and conditions. These Terms may not be amended in any other manner except by mutual written agreement signed by you and AuthentiBrand, Inc.

Should you create an account for use by or relating to a corporate entity, you represent that you are authorized to act on behalf of the same and to bind said entity to these Terms. Such accounts will be treated as if they are owned and controlled by the respective corporate entity. No agency, partnership, joint venture, employee-employer, or franchise relationship is intended to be created or is created by these Terms.

Governing law and dispute resolution. If it turns out that a particular term or provision contained in these Terms is not enforceable, this will not affect any other term or provision.

The headings used in this Agreement are for easy of use and navigation only, and will be given no binding interpretative effect when interpreting the meaning of any of this Agreement’s terms or provisions. Within this Agreement, and unless the context requires otherwise, any pronouns will include the corresponding masculine, feminine, or neuter forms, and the singular form of nouns, pronouns, and verbs will include the plural and vice versa. Reference to terms and provisions refer to the terms and provisions of this Agreement. Within this Agreement, the terms “include”, “includes”, “including”, or words of like import will be interpreted as being followed by the words “without limitation”.

If you do not comply with these Terms and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If us or you commences legal proceeding(s) to interpret or enforce the terms or provisions of these Terms, the prevailing party will be entitled to recover court costs and reasonable attorney fees from the non-prevailing party.

Unless otherwise specified in these Terms, the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these Terms. You agree that all claims arising out of or relating to these Terms and the Products will be litigated exclusively in the federal or state courts, or in other applicable tribunal of appropriate jurisdiction, located in Pacific Beach, California, USA. You further consent to personal jurisdiction in those courts and/or tribunals.

These Terms, together with the Privacy Policy, contain the entire understanding between the parties as to the Products and thus supersedes all previous or contemporaneous understandings, commitments, or agreement of any kind between the parties related to the Products.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

ARBITRATION

Please read this section carefully. This sections affects your rights and will have a substantial impact on how disputes between you and AuthentiBrand, Inc. are resolved.

If a dispute between you and AuthentiBrand, Inc. arises relating to the Products, the dispute will be settled by arbitration according to the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated. Both parties will select an arbitrator from a list of arbitrators according to the applicable rules. The hearing will be conducted in Pacific Beach, California, unless both parties consent to a different location. The decision of the arbitrator will be final and binding on all parties.

The prevailing party will be awarded all filing fees and related administrative costs, paid for by the non-prevailing party. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney fees, and similar costs related to collecting an arbitrator’s award, will be added to, and become a part of, the amount due under this Agreement. California law governs any questions involving contract interpretation. An arbitrator’s decision may be entered in any jurisdiction in which a party has assets in order to collect any amounts due under the arbitrator’s decision.

If you are a new user of the Products, you can decide reject this ARBITRATION provision (“Opt-Out”) by mailing us a written opt-out notice (“Opt-Out Notice”). Any such Opt-Out Notice must be postmarked no later than thirty (30) days after the date that you accept the Terms for the first time. You must mail any such Opt-Out Notice to AuthentiBrand, Inc., RE: OPT-OUT NOTICE, 1804 Garnet Av., Suite 640, Pacific Beach, CA 92109. Any such Opt-Out Notice must include your name, address (including street address, city, state, and zip code), and the account name(s) and email address(es) associated with the account(s) to which the Opt-Out shall apply. You must sign the Opt-Out Notice for the same to be effective. This is the only procedure by which you can opt out of the arbitration requirements contained in these Terms. If you Opt-Out of the requirement to arbitrate, all other parts of these Terms, including but not limited to its Governing law and dispute resolution section, must continue to apply to you. Opting Out of the requirement to arbitrate must have no effect on any prior, other, or future arbitration agreements that you may have with us.

Contact Information
AuthentiBrand, Inc.
1804 Garnet Avenue | Suite 640
Pacific Beach, CA 92109
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