Terms of Use
PLEASE
READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES,
MOBILE APPLICATIONS, SOFTWARE DEVELOPMENT KITS OR OTHER PRODUCTS OR
SERVICES THAT HAVE LINKED TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE
TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO
ALL OF THESE TERMS, DO NOT USE OUR WEBSITES, MOBILE APPLICATIONS OR
OTHER PRODUCTS OR SERVICES.
These Terms of Use ("Terms")
apply to your access to, and use of, the websites, mobile applications,
software development kits and other products and services that have
linked to these Terms (collectively, the "Services") offered by Cactus
Verify Inc. ("Cactus Verify", "we" or "us"). These Terms do not alter in
any way the terms or conditions of any other agreement you may have
with Cactus Verify for products, services or otherwise. If you are using
the Services on behalf of any entity, you represent and warrant that
you are authorized to accept these Terms on such entity's behalf and
that such entity agrees to be responsible to us if you violate these
Terms.
Cactus Verify reserves the right to change or
modify these Terms at any time and in our sole discretion. If Cactus
Verify makes changes to these Terms, we will provide notice of such
changes, such as by providing notice through the Services, or by
updating the "Last Updated" date at the top of these Terms. Your
continued use of the Services will confirm your acceptance of the
revised Terms. We encourage you to frequently review the Terms to ensure
that you understand the terms and conditions that apply to your use of
the Services. If you do not agree to any amended Terms, you must stop
using the Services.
IN THE EVENT OF CONFLICT BETWEEN THIS
TERMS AND ANY OTHER WRITTEN AGREEMENT BETWEEN YOU AND CACTUS VERIFY FOR
THE PURCHASE OF SERVICES, THE LATTER SHALL PREVAIL.
- Privacy
Please
refer to our Privacy Policy for information about how Cactus Verify
collects, uses, and discloses information in relation to our identity
verification services. For information about the information collected
on our websites, please refer to the Cactus Verify Cookies Policy
Eligibility, Registration and Account
The
Services are not targeted towards, nor intended for use by, anyone
under the age of 16. If you are under the age of 16, or age of legal
majority under applicable law, you may only use the Services under the
supervision of a parent or legal guardian who agrees to be bound by
these Terms. By using the Services, you represent and warrant that you
(a) are 16 years of age or older; (b) have not been previously suspended
or removed from the Services; (c) do not have more than one online
account with Cactus Verify; and (d) have full power and authority to
enter into this agreement and that, in doing so, you will not violate
any other agreement to which you are a party.
In order to
access and use certain areas or features of the Services, you may be
required to register for an online account. When registering for an
account, you cannot create an account name that incorporates a trademark
without authorization from the trademark owner. We reserve the right to
reclaim account names or to take other reasonable action as necessary,
on behalf of any business or individual that holds legal claim,
including trademark rights, in a name.
If you are an
end-user of our identity verification services, you understand and agree
that (a) Cactus Verify will and/or our appointed agents will carry out
all necessary searches, including searches of consumer credit records,
in order to verify your information; and (b) Cactus Verify will not be
able to complete any identity verification services until you have
provided all required information.
In
consideration of your use of the Services, you agree to (a) provide
accurate, current and complete information and permit Cactus Verify to
correct that information where it is known to be incorrect or
incomplete; (b) maintain and promptly update your information; (c)
maintain the security of your password and accept all risks of
unauthorized access to your account and the information you provide to
Cactus Verify; and (d) promptly notify Cactus Verify if you discover or
otherwise suspect any security breaches related to the Services.
Copyright and Limited License
Unless
otherwise indicated on the Services or otherwise by Cactus Verify, the
Services and all content and other materials therein, including, without
limitation, the Cactus Verify logo and all designs, text, graphics,
pictures, information, data, software, sound files, other files and the
selection and arrangement thereof (collectively, "Content") are the
proprietary property of Cactus Verify or our licensors are protected by
international copyright laws.
You are hereby granted a
limited, non-exclusive, non-sublicensable license to access and use the
Services and Content; however, such license is subject to these Terms
and does not include (a) any resale or commercial use of the Services or
the Content therein; (b) the collection and use of any product or
service listings, pictures or descriptions; (c) the distribution, public
performance or public display of any Content; (d) modifying or
otherwise making any derivative uses of the Services or the Content, or
any portion thereof; (e) use of any data mining, robots or similar data
gathering or extraction methods; (f) downloading (other than the page
caching) of any portion of the Services, the Content or any information
contained therein, except as expressly permitted on the Services; and
(g) any use of the Services or the Content other than for their intended
purposes. Any use of the Services or the Content other than as
specifically authorized herein, without the prior written permission of
Cactus Verify, is strictly prohibited and will terminate the license
granted herein. Such unauthorized use may also violate applicable laws,
including without limitation copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated
herein or otherwise by Cactus Verify, nothing in these Terms shall be
construed as conferring any license to intellectual property rights,
whether by estoppel, implication or otherwise. This license is revocable
at any time.
Notwithstanding
anything to the contrary in these Terms, the Services and Content may
contain software components that are subject to separate license terms,
in which case those license terms will apply to the access and use of
such software components.- Trademark
The
Cactus Verify logo and any other Cactus Verify product or service names,
logos or slogans that may appear on the Services are trademarks of
Cactus Verify, and may not be copied, imitated or used, in whole or in
part, without the prior written permission of Cactus Verify or the
applicable trademark holder. You may not use any metatags or other
"hidden text" utilizing "Cactus Verify" or any other name, trademark or
product or service name of Cactus Verify without our prior written
permission. In addition, the look and feel of the Services, including
all page headers, custom graphics, button icons and scripts, is the
service mark, trademark and/or trade dress of Cactus Verify and may not
be copied, imitated or used, in whole or in part, without our prior
written permission. All other trademarks, registered trademarks, product
names and company names or logos mentioned in the Services are the
property of their respective owners. Reference to any products,
services, processes or other information, by name, trademark,
manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation by Cactus Verify. - Hyperlinks
You
are granted a limited, nonexclusive right to create a text hyperlink to
the Services for noncommercial purposes, provided that such link does
not portray Cactus Verify or any of our products or services in a false,
misleading, derogatory or otherwise defamatory manner and provided
further that the linking site does not contain any adult or illegal
material or any material that is offensive, harassing or otherwise
objectionable. This limited right may be revoked at any time. You may
not use a Cactus Verify logo or another proprietary graphic of Cactus
Verify to link to the Services without the express written permission of
Cactus Verify. Further, you may not use, frame or utilize framing
techniques to enclose any Cactus Verify trademark, logo or other
proprietary information, including the images found at the Services, the
content of any text or the layout/design of any page or form contained
on a page on the Services without Cactus Verify's express written
consent. Except as noted above, you are not conveyed any right or
license by implication, estoppel or otherwise in or under any patent,
trademark, copyright or proprietary right of Cactus Verify or any third
party.
Cactus Verify makes no claim or representation regarding and
accepts no responsibility for, the quality, content, nature or
reliability of third-party websites accessible by hyperlink from the
Services, or websites linking to the Services. Such sites are not under
the control of Cactus Verify, and Cactus Verify is not responsible for
the contents of any linked site, any link contained in a linked site, or
any review, changes or updates to such sites. Cactus Verify provides
these links to you only as a convenience, and the inclusion of any link
does not imply affiliation, endorsement or adoption by Cactus Verify of
any site or any information contained therein. When you leave the
Services, you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any site to which you navigate
from the Services. - Third-Party Content
Cactus
Verify may provide third-party content on the Services and may provide
links to web pages and content of third parties (collectively,
"Third-Party Content") as a service to those interested in this
information. Cactus Verify does not control, endorse or adopt any
Third-Party Content and makes no representation or warranties of any
kind regarding the Third-Party Content, including without limitation
regarding its accuracy or completeness. You acknowledge and agree that
Cactus Verify is not responsible or liable in any manner for any
Third-Party Content and undertakes no responsibility to update or review
any Third-Party Content. Users use such Third-Party Content contained
therein at their own risk. - Advertisements and Promotions; Third-Party Products, Services and Promotions
Cactus
Verify may display advertisements and promotions from third parties on
the Services or may otherwise provide information about or links to
third-party products or services on the Services. Your business dealings
or correspondence with, or participation in promotions of, such third
parties, and any terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you and
such third party. Cactus Verify is not responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings
or promotions or as the result of the presence of third-party
information on the Services.
Our Warranties and Disclaimers
We
provide our Services using a commercially reasonable level of skill and
care and we hope that you will enjoy using them. But there are certain
things that we do not promise about our Services.
While
Cactus Verify attempts to make your access to and use of the Services
safe, Cactus Verify cannot and does not represent or warrant that the
sites or its server(s) are free of viruses or other harmful components;
therefore, you should use industry-recognized software to detect and
disinfect viruses from any download. Other than as expressly set out in
these terms or additional terms, neither Cactus Verify nor its suppliers
or distributors makes any specific promises, either express or implied,
about the Services. For example, we do not make any commitments about
the Content within the Services, the specific functions of the Services
or their reliability, availability or ability to meet your needs. Cactus
Verify is not responsible for typographical errors or omissions
relating to pricing.
Cactus Verify provides the Services “as is”. To the extent permitted by law, we exclude all warranties.
Cactus
Verify reserves the right to change any and all content contained in
the Services and to modify, suspend or discontinue the Services or any
features or functionality of the Services at any time without notice and
without obligation or liability to you. Reference to any products,
services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by Cactus Verify. Some jurisdictions do not allow the
disclaimer of implied terms in contracts with consumers, so some or all
of the disclaimers in this section may not apply to you.- Limitation of Liability
In
no event shall Cactus Verify or its suppliers, distributors or
affiliated parties be liable for any direct, special, indirect or
consequential damages, or any other damages of any kind, including but
not limited to loss of use, loss of profits or loss of data, whether in
an action in contract, tort (including but not limited to negligence) or
otherwise, arising out of or in any way connected with the use of or
inability to use the Services or the content contained in or accessed
through the Services, including without limitation any damages caused by
or resulting from reliance by any user on any information obtained from
Cactus Verify, or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays in
operation or transmission or any failure of performance, whether or not
resulting from acts of God, communications failure, theft, destruction
or unauthorized access to Cactus Verify’s records, programs or Services.
In no event shall the aggregate liability of Cactus Verify whether in
contract, warranty, tort (including negligence, whether active, passive
or imputed), product liability, strict liability or other theory,
arising out of or relating to the use of or inability to use the
Services or to these terms exceed the greater of 250 GBP or any
compensation you pay, if any, to Cactus Verify for access to or use of
the Services. If you are using our Services on behalf of a business,
that business accepts these terms. It will hold harmless and indemnify
Cactus Verify and its affiliates, officers, agents and employees from
any claim, action or proceedings arising from or related to the use of
the Services or violation of these terms, including any liability or
expense arising from claims, losses, damages, judgements, litigation
costs and legal fees. - Modifications to the Services
Cactus
Verify reserves the right to modify or discontinue, temporarily or
permanently, the Services or any features or portions thereof without
prior notice. You agree that Cactus Verify will not be liable for any
modification, suspension or discontinuance of the Services or any part
thereof. - Termination
Notwithstanding any of
these Terms, Cactus Verify reserves the right, without notice and in our
sole discretion, to terminate your right to use the Services, or any
portion of thereof, and to block or prevent your future access to and
use of the Services or any portion thereof. - Severability
If
any provision of these Terms shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from
these Terms and shall not affect the validity and enforceability of any
remaining provisions. - Governing Law
These
Terms and all disputes and claims arising out of or in connection with
them are governed by Georgian law. With the sole exception of any
application for injunctive relief, the parties irrevocably agree that
Georgian courts have exclusive jurisdiction to settle any dispute or
claim (whether contractual or non-contractual) arising out of or in
connection with these Terms or the Services (including their subject
matter or formation).