THIS DOCUMENT CONTAINS IMPORTANT CONDITIONS THAT AFFECTS YOUR RIGHTS, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT. A COPY OF THIS AGREEMENT MAY BE PRINTED FOR YOUR RECORDS.
This Agreement governs your use of the CAPTCHAPRO.com website, your special access to the CAPTCHAPRO.com service.
1. ACCEPTANCE OF TERMS
This Website is owned and operated by ColdData, LLC. Access and use of this Website is provided to you by ColdData, LLC on the condition that you accept these Terms of Use. If you do not agree to accept these Terms of Use you should not register for service, access or use our servers in any possible form. The services that CAPTCHAPRO.com provides to its Member and public in general are subject to the following Terms of Use ("TOU"). CAPTCHAPRO.com reserves the right to update the TOU at any time The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located on each page of our website.
You represent and warrant to ColdData, that your access and use of the Website and Service will be in accordance with these Terms and Conditions and with applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside.
2. DESCRIPTION OF SERVICES AND MEMBERSHIP
Through the CaptchaPro.com, the CaptchaPro service ("Service") provides images and/or audio clips (collectively, "images") that are useful for distinguishing between humans and computers for the purposes of preventing abuse of a website by automated software agents. The Service and Website are provided and operated by ColdData, LLC. Access and use of the Website and Service are subject to the following Terms and Conditions of Service ("Terms and Conditions"). Accessing or using any part of the Service constitutes an agreement that you have read, understood, and agree to be bound by these Terms and Conditions.
Information about Account Opening and Registration: By opening an account and registering for service, you represent and warrant that (i) the information you provide to ColdData, LLC in connection with your account and the registration is true and correct, (ii) you will promptly notify ColdData, LLC if any of your information changes, (iii) you are authorized to register and insert CaptchaPro access code on your site You must notify ColdData, LLC immediately in the event you believe that there has been an unauthorized use of our access code, your account or any other breaches of security. If applicable, you may be responsible to pay CaptchaPro the appropriate usage fee.
3. MEMBER CONDUCT
Member shall use Website for lawful purposes only. Website contains content and access that is only accessible to the registered users. ColdData, LLC owns and reserves the right to a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
4. REGISTRATION
Member must complete the registration process by providing CAPTCHAPRO.com with current, complete and accurate information as prompted by the applicable registration form. Member also will choose a Password and a Login name. Member agrees to notify CAPTCHAPRO.com immediately of any unauthorized use of Member's account data or any other breach of security. CAPTCHAPRO.com will not be liable for any loss that Member may incur as a result of someone else using Member's account, either with or without Member's knowledge. However, Member could be held liable for losses incurred by CAPTCHAPRO.com or another party due to someone else using Member's account.
Upon registration, , you will have a non-exclusive, limited right to use the Service solely for the purpose of receiving the Service's determination of whether or not there is high confidence that the third party interacting with your website is a human. You are prohibited from (i) storing images received from the Service, and from displaying them multiple times or in any URL different from that specified in your account, (ii) using the images received from the Service as input to algorithms that attempt to process them, (iii) reverse engineering any aspect of the Website and Service, and (iv) using the images and any other data or information generated from the access and use of the Website and Service (other than for the purpose of receiving the Service's determination of whether or not there is a high confidence that the third party interacting with your website is a human).
5. PAYMENT TERMS & REFUND POLICY
The initial usage of the service is free until further notice. The premium or customized service will be priced individually.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A member expressly agrees that use of captchapro.com website is at member's sole risk. Neither captchapro.com, its affiliates nor any of their respective employees, agents, warrant that website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of our website, or as to the accuracy, reliability or content of any information, service, provided through captchapro.com.
Website 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 merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Member specifically acknowledges that captchapro.com is not liable for the defamatory, offensive or illegal conduct of other members or third-parties and that the risk of injury from the foregoing rests entirely with member.
In no event will captchapro.com, or any person or entity involved in creating, producing or distributing website or the captchapro.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use website. Member hereby acknowledges that the provisions of this section shall apply to all content on the site.
In addition to the terms set forth above neither, captchapro.com shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within website, or for any delay or interruption in the transmission thereof to the member, or for any claims or losses arising therefrom or occasioned thereby.
Force majeure—neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
7. LINKS TO THIRD PARTY SITES
The links in this area will let you leave captchapro.com website. The linked websites are not under the control of captchapro.com and captchapro.com is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. Captchapro.com is not responsible for webcasting or any other form of transmission received from any linked website. Captchapro.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by captchapro.com of the website.
8. RELEASE AND INDEMNIFICATION
You release and agree to defend, indemnify and hold harmless ColdData, LLC and its trustees, officers, employees, attorneys, agents, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Website and Service (including access or use by way of your website by any customer, business invitee or business visitor of you or your website), your breach of any of these Terms and Conditions, or any unavailability, malfunction or error of the Website or Service.
9. TERMINATION OF CAPTCHAPRO.com
CAPTCHAPRO.com at any time has the right to terminate your service at any time, or for any reason and at such time you will have no further right to use the service. Member may terminate this Agreement at any time by contacting us at
or submitting online request. The provisions of these Terms and Conditions relating to the protection and enforcement of ColdData's proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, governing law and venue, and miscellaneous provisions shall survive any such termination.
10. MISCELLANEOUS
This Agreement and any operating rules for Website established by CAPTCHAPRO.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
11. NOTICES AND INQUIRIES
Termination requests can be directed to
.
All other notices and requests permitted or required under these Terms and Communications should be directed to
. ColdData, LLC may provide notice to you (i) along with its other uses of the Website and Service, by posting a notice on the Website or (ii) by email, to the email address shown in your account.
12. ACKNOWLEDGEMENT
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that the agreement is the complete and exclusive agreement between you and CaptchaPro.com, which supersedes any proposal or prior agreement, oral or written. Any communication between you and CaptchaPro.com is bound to this Terms of Use agreement.
13. INFORMATION ABOUT THE API AND API KEY
To use the Service, you must use the Service's application programming interface ("API") as described here and must follow the integration steps provided on www.captchapro.com website. In order to make use of the API in any form, you must open an account with CaptchaPro by registering for service. Upon registration you will receive a CaptchaPro Key which entitles a website to make queries through the Service's API. When a third party (which may be either a human or a computer) wishes to access your websites, your website embeds a Service script which includes your CaptchaPro key. Your website then contacts the Service (an "API Query"), which then provides the third party with one or more images and tokens identifying those images. The third party then enters his/her/its interpretation of those images and submits those interpretations to your website, along with the tokens associated with the images. Your website then sends the third party's interpretations and the tokens to the Service, which then determines whether the third party has interpreted the images sufficiently well that there is high confidence that the third party is a human. The Service then relays to your website its determination of whether or not there is high confidence that the third party is a human.
