You must be at least eighteen (18) years of age to subscribe to and use any FormCaptchas.com service or product.
The general provisions these Terms of Service apply to FormCaptchas.com and to all of the products and services provided through FormCaptchas.com. Any additional provisions that apply to the particular FormCaptchas.com product(s) or service(s) described may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.
Any rights not expressly granted herein are reserved by FormCaptchas.com.
YOUR WARRANTIES
By using any service offered on FormCaptchas.com, You make the following representations and warranties. FormCaptchas.com shall have the right to terminate your FormCaptchas.com account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
You represent and warrant that:
You and all users of FormCaptchas.com approved by you are at least eighteen (18) years of age;
You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the FormCaptchas.com service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company;
You will not use FormCaptchas.com for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process;
Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and
You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site.
LIMITATIONS ON YOUR USE OF FormCaptchas.com
FormCaptchas.com is provided to assist You with the operation of Your business. Your right to use FormCaptchas.com is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your FormCaptchas.com account. FormCaptchas.com reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. FormCaptchas.com reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from FormCaptchas.com, except as expressly provided herein.
You may not use a name in connection with operating Your FormCaptchas.com Web site that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.
You may not interfere with or disrupt FormCaptchas.com or servers or any network connected to FormCaptchas.com.
You may not use FormCaptchas.com or the products or services provided through or in connection with FormCaptchas.com to:
rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multilevel or illegal marketing campaigns;
harm minors in any way;
publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is defamatory, libelous, slanderous, or infringing; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any FormCaptchas.com services or Your Web site would cause FormCaptchas.com to violate any law, statute or regulation; or any other illegal activity;
harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
violate any applicable government laws or regulations.
You may not reproduce or redistribute any Software. You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in FormCaptchas.com, or in any product, service or Software provided through FormCaptchas.com.
The information provided by FormCaptchas.com to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of FormCaptchas.com with any third party.
CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a FormCaptchas.com service that You may not be entitled to a refund of all or part of amounts already paid by You for such FormCaptchas.com subscription. You agree that (a) FormCaptchas.com's cancellation policy will be posted on the FormCaptchas.com Web site on this page and may be changed from time to time by FormCaptchas.com in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you.
CHANGES TO SERVICES, TERMINATION BY FormCaptchas.com
FormCaptchas.com may change any of the FormCaptchas.com services at any time and from time to time without notice, including terminating the offering of any FormCaptchas.com service altogether.
LINKS TO THIRD PARTY SITES
Links within FormCaptchas.com may let You leave FormCaptchas.com. You acknowledge that the linked sites are not under the control of FormCaptchas.com and that FormCaptchas.com is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. FormCaptchas.com is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by FormCaptchas.com of the linked site or any association with their operators.
LICENSE YOU GRANT TO FormCaptchas.com
FormCaptchas.com does not claim ownership of the materials You provide to FormCaptchas.com (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of FormCaptchas.com or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of FormCaptchas.com (collectively "Submissions").
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through FormCaptchas.com may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via FormCaptchas.com should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.
Your access to and use of FormCaptchas.com, and products and services of FormCaptchas.com, is at Your own risk. FormCaptchas.com makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of FormCaptchas.com, or such products or services. Without limiting the foregoing, NEITHER FormCaptchas.com NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN FormCaptchas.com FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FormCaptchas.com AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL FormCaptchas.com OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FormCaptchas.com OR RELATED SERVICES, OR
WITH THE DELAY OR INABILITY TO USE FormCaptchas.com OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FormCaptchas.com; OR
OTHERWISE ARISING OUT OF THE USE OF FormCaptchas.com, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FormCaptchas.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FormCaptchas.com, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FormCaptchas.com AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, FormCaptchas.com is not responsible for any of Your data residing on FormCaptchas.com and FormCaptchas.com hardware or systems, including such hardware or systems provided to FormCaptchas.com by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the FormCaptchas.com or FormCaptchas.com hardware or systems, including such hardware or systems provided to FormCaptchas.com by third parties, whether or not such information is produced through the use of FormCaptchas.com including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of FormCaptchas.com. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. FormCaptchas.com will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of FormCaptchas.com, its services or products; (b) Your customers' use of Your Web site hosted by or created through FormCaptchas.com and Your products and services; (c) use of FormCaptchas.com by any other party to whom You have given access to Your company information for use of FormCaptchas.com; (d) errors, bugs or other defects in FormCaptchas.com; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, paypal account information etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the FormCaptchas.com Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of FormCaptchas.com.
FormCaptchas.com is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your FormCaptchas.com information, through the use of FormCaptchas.com.
INDEMNITY
You agree to defend, indemnify and hold FormCaptchas.com and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with FormCaptchas.com or Your use of FormCaptchas.com.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
FormCaptchas.com reserves the right to deny in its sole discretion any user access to FormCaptchas.com or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or FormCaptchas.com resulting from any third party using a password or user name issued to You. You agree to notify FormCaptchas.com immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of FormCaptchas.com known to or suspected by You. You may change Your password at any time by following instructions on the FormCaptchas.com Web site.
You hereby authorize FormCaptchas.com to rely on any data, notice, instruction or request furnished by You to FormCaptchas.com, or that FormCaptchas.com reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. FormCaptchas.com is not responsible for fraud of participants or of other users of your account.
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between You and FormCaptchas.com as a result of these Terms or Service or use of FormCaptchas.com.
FormCaptchas.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of FormCaptchas.com's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of FormCaptchas.com or information provided to or gathered by FormCaptchas.com with respect to such use.
If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and FormCaptchas.com with respect to FormCaptchas.com and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FormCaptchas.com with respect to FormCaptchas.com.
FormCaptchas.com is not obligated to monitor the content on FormCaptchas.com. FormCaptchas.com reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with FormCaptchas.com's Privacy Statement. FormCaptchas.com reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the FormCaptchas.com Web sites, in FormCaptchas.com's sole discretion, without notice at any time.
Any rights not expressly granted herein are reserved by FormCaptchas.com, including all legal and equitable remedies available to FormCaptchas.com or violation of any of these Terms of Service.
Last updated: August 29, 2008
