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Report A Counterfeit
uFaker Terms of Service
Last updated May 4th, 2013
The terms of this agreement ("
Terms of Service
" or "
") govern the relationship between you (any individual, law firm, investigator or Brand Owner) and uFaker (hereinafter "
" or "
" or "
") regarding your use of uFaker's services, which include mobile and web applications ("
") and the website www.uFaker.com (the "
") (the foregoing collectively constituting the "
Please read these Terms of Service carefully because they govern your access to and use of the Service and set forth the legally binding terms for your use of our Service.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING OUR SITE OR THE APPLICATIONS, OR BY OTHERWISE ACCESSING OR USING OUR SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE A REGISTERED ACCOUNT.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE OUR SERVICE.
If you download any Application through iTunes or other source for the uFaker cellphone application your download and use of the Application shall be subject to and governed by the iTunes terms and conditions applicable to users of iTunes and applications purchased through iTunes. In addition, certain Services, and your access to or use of these Services, may be subject to different, Service-specific terms and conditions ("
"), and may require you to agree with and accept such additional Rules. If there is a conflict between these Terms of Service and any Rules, the applicable Rules will take precedence with respect to your use of, or access to, such Service.
Rewards Terms and Conditions
Use of the Service is also governed by uFaker's Rewards Terms and Conditions, which is incorporated herein by reference. We designed uFaker's Rewards Terms and Conditions to make important disclosures about participation in the Rewards program, types of rewards granted by uFaker and/or Brand Owners, rules governing granting Rewards, and obligations of participants in the Rewards program. We encourage you to read the uFaker Rewards Terms and Conditions carefully and use it to make informed decisions.
We reserve the right in our discretion to modify these Terms of Service at any time and without prior notice. If we modify these Terms of Service we will post the modification on or in our Service or otherwise provide you with notice of the modification. We will also update the date set forth at the top of these Terms of Service. Your continued access or use of the Service after we have posted a modification, indicates your agreement to be bound by the modified Terms of Service. Any modifications to these Terms of Service will only be applicable to your use of the Service following the date when we provide notice about the modification.
Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant uFaker policies, uFaker grants you a non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms of Service, to access and use the Service solely for anti-counterfeit report and/or enforcement purposes. You agree not to use the Service for any other purpose.
Any use of the Service in violation of these Terms of Service and the limitations on use described below, can result in the immediate revocation of the foregoing limited license, and may subject you to liability for violations of law.
uFaker reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or part thereof will be automatically terminated or suspended. In such event, except as may otherwise be required by applicable law, uFaker shall not be required to provide rewards, benefits or other compensation to users in connection with such discontinued elements of the Service. You may terminate your use of the Service at any time by ceasing to use the Service or by contacting us at
Accessing the Service
In order to access certain features of the Service, you must register to create an account with us (an "
"). You agree to provide accurate, current and complete information when registering for an Account and to update such information as necessary to keep it accurate, current and complete. If you do not create an Account you may not be able to access or use all of the features that are made available through the Service. During the registration process you will be required to provide your name and email address and establish a user ID and a related password. You are responsible for safeguarding your password. You agree not to disclose your password to anyone else or to allow anyone else to use your Account, and you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or action.
You must be eighteen years of age or older to use the Service or to register for an Account. If you are eighteen years of age or older, but younger than whatever the legal age of majority is in your jurisdiction, you represent that your legal guardian has read, understood and agreed to these Terms of Service.
You must provide all equipment and software necessary to connect to the Service and you are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
Fees and Purchases
By using the Service and/or registering for an Account, You acknowledge that uFaker reserves the right to charge for certain aspects of the Service and has the right to terminate an Account should You breach these Terms of Service or fail to pay for the Service. You agrees to pay all fees and applicable taxes incurred in connection with the Service. uFaker may revise the pricing for the services it licenses to You through the Service at any time.
To purchase a membership to the Service, You must have an Account and comply with these Terms of Service. You acknowledges that it is responsible for maintaining the security of, and restricting access to, its account and password, and it agrees to accept responsibility for membership and other activities that occur under its Account.
Presently, we accept Paypal as the form of payment but this may change over time. By submitting a membership order to the Service, You authorize uFaker, or its designated payment processor, to charge the purchase amount (and in the event of a membership renewal, You authorize uFaker, or its designated payment processor, to automatically charge the renewal amount) to the credit card/debit card account You specified. No purchase will become effective unless and until Your payment has been accepted and processed. All payments are to be made in United States Dollars. We reserve the right to report, investigate and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized or otherwise unlawful use of any credit card or debit card by any person on or through the Service.
uFaker sells its services only to those who can legally make purchases with a credit card/debit card. We reserve the right to refuse or cancel any order You place with us or to terminate Your Account, at any time in our sole discretion (except as prohibited by law).
Restrictions on Use
The following restrictions apply to the use of the Service:
a. You shall not create an Account or use the Service if you are under the age of 18;
b. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;
c. You shall not be entitled to use the Service if you have previously been removed from the Service by uFaker for violation of these Terms of Service;
d. You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals;
e. You shall use the Service only for anti-counterfeit reporting and/or enforcement purposes;
f. You shall not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
g. You shall not use the Service to engage in any illegal conduct;
In addition, you agree that you will not, under any circumstances:
a. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Service;
b. Make improper use of uFaker's support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel;
c. Use, or design or assist in the design of, cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service;
d. Without uFaker's express written consent, modify or cause to be modified any files that are a part of the Service;
e. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;
f. Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by uFaker, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
g. You may not use the Service to upload, post, e-mail, or otherwise transmit any material (i) that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (ii) that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (iii) that harms any person in any way; (iv) that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party/individual; (v) that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (vi) that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability.
h. Without uFaker's express written consent, use the Service or any part thereof for (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring any part of the Service for sale;
i. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
j. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
k. Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information. ufaker may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
l. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
m. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
n. Bypass any robot exclusion headers or other measures we employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
o. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (ii) any connection using programs, tools, or software not expressly approved by uFaker;
p. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by uFaker;
q. Copy, modify or distribute rights or uFaker content ("Content") or trademarks ("Trademarks") or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service, nor remove or alter, any and all of the Trademarks, copyrights and other proprietary rights notices, legends, watermarks, and other markings contained or embedded in or otherwise accompanying Content, and you agree to comply with all usage and viral distribution guidelines that may be prescribed by uFaker from time to time;
r. Solicit, collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
s. Upload or transmit or attempt to upload or transmit, without uFaker's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
The Service (including without limitation any titles, computer code, Content, User Submissions (defined below), themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, or documentation) are copyrighted works owned by uFaker. uFaker reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service, except for the Brand Owner's trademarks. During the term of the Service and Agreement, You grant UFaker a non-exclusive, right to use Your trademarks on its website and marketing, App, and otherwise to market and promote the Services.
"User Submissions" means any communications, images, sounds, and all the material, data, and information that a Hunter (someone that reports a potential counterfeit/counterfeiter – individual, lawyer, law firm, investigator, licensee, brand owner, etc.) uploads or transmits through the Service. By transmitting or submitting any User Submissions while using the Service, You affirm, represent and warrant that such transmission or submission is (a) accurate; (b) not in violation of any applicable laws, contractual restrictions or other third party rights; and (c) free of viruses, adware, spyware, worms or other malicious code.
The Brand Owner shall at all times retain all right, title and interest in and to its Trademarks in the User Submissions that a Hunter provides in connection with the Service (including, without limitation, the trademark therein and thereto), subject to the non-exclusive rights granted to uFaker under this Agreement. You hereby grant to uFaker and Brand Owners a worldwide, perpetual, royalty-free, sublicensable, transferable, assignable, non-exclusive license to use, prepare and encode User Submissions, or any portion thereof for electronic, digital and/or other transmission, manipulation and exhibition in any format and by any means now known or hereafter devised.
As Brand Owner, You hereby agree not to assert any right, title, or interest in the Service except for Trademarks owned by You. You acknowledge and agree that all right, title and interest (including, without limitation, copyright, trademark and other intellectual property rights) in and to the Service content shall remain the sole and exclusive property of UFaker and/or its licensors or suppliers.
With respect to any User Submissions that the Brand Owner downloads through the Service, the Brand Owner is responsible for all reporting and reward obligations of any kind offered to a Hunter in connection with the applicable User Submission (including, without limitation, any such obligations that may arise from use by uFaker of the applicable User Submission as authorized in these Terms of Service) as outlined in uFaker's Rewards and Conditions. Brand Owner agrees to defend and hold harmless uFaker regarding any User Submission as indicated in uFaker's Rewards and Conditions.
Screening of User Submissions
A Hunter is entirely responsible for all User Submissions posted or otherwise transmited via the Service. uFaker assumes no responsibility for the conduct of any Hunter submitting any User Submission, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Submissions. If we choose at any time, in our sole discretion, to monitor the Service, we have the right, in our sole discretion, to edit or remove any User Submissions and we may monitor and/or record a Hunter's interaction with the Service when a Hunter is using the Service. By entering into these Terms of Service, the Hunter hereby provides its irrevocable consent to such monitoring and recording. UFaker may reject, refuse to post or delete any User Submission for any or no reason, including, but not limited to, User Submissions that in the sole judgment of uFaker may violate these Terms of Service.
uFaker reserves the right to limit the storage capacity of User Submissions that a Hunter posts on, through or in connection with the Service.
Third Party Advertising
UFaker may provide links on the Service to third party websites or vendors. Any charges or obligations you incur in your dealings with these third parties are your responsibility. uFaker makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to or from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of uFaker and may collect data or solicit personal information from you. uFaker is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by uFaker of these linked sites.
Updates to the Service
You understand that the Service is an evolving one. uFaker may require that you accept updates to the Service. You acknowledge and agree that uFaker may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service.
SUSPENSION AND TERMINATION OF SERVICE BY UFAKER
WITHOUT LIMITING ANY OTHER REMEDIES THAT MAY BE AVAILABLE TO US, UFAKER MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR UFAKER SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ANY BENEFITS, PRIVILEGES, AND REWARD ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND UFAKER IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING ANY OTHER REMEDIES THAT MAY BE AVAILABLE TO US, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR APPLICATIONS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO BE THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER REEL DOOZY NOR ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "UFAKER PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE UFAKER PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE UFAKER PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE UFAKER PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE UFAKER PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID UFAKER IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID UFAKER ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH UFAKER IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF UFAKER.
You agree to indemnify, save, and hold uFaker, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, uFaker's use of any User Submissions provided by you, or any breach of the representations, warranties, and covenants made by you herein. uFaker reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify uFaker, and you agree to cooperate with uFaker's defense of these claims. uFaker will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your use of the Service.
Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against uFaker must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
We provide notices to you relating to the Service via postings on www.ufaker.com, or if you have an Account with us, by emailing you at the email address you provided in connection with your Account registration. All notices given by you or required from you under these Terms of Service shall be in writing and sent to
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, as limited herein.
uFaker shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of uFaker, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond uFaker's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions about these Terms of Service, please contact us at