Are You a Human

Are You a Human

 

Terms of Service

The Point:

We (Are You a Human, LLC) are glad that you are interested in using our user verification system. We offer two versions of our user verification service. The free version of our service provides your website’s visitors with a user verification game that we select out of the variety of games that we have developed. The customized version of our service allows you to choose the game or games for your site. In both versions of our user verification service, we will provide your website with notice of whether or not the user has completed the game successfully and that therefore, in our estimation, there is high confidence that the user is a person and not a computer.
 

Terms of Service:

The following terms and conditions govern all use of the Are You a Human, LLC, website and all content, services and products available at or through the website, including, but not limited to, the Are You a Human user verification services (taken together, the “Services”). The Services are owned and operated by Are You a Human, LLC. The Services offered are subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Are You a Human, LLC’s Privacy Policy) and procedures that may be published from time to time on this Site by Are You a Human, LLC (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these terms and conditions are considered an offer by Are You a Human, LLC, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 13 years old.

  1. Your Relationship with Are You a Human
    1. Your use of the Are You a Human’s Services is subject to these Terms of Service, which constitute a legal agreement between you and Are You a Human. “Are You a Human” means Are You a Human, LLC, a Delaware corporation whose principal place of business is located at 1555 Broadway St, Detroit, MI 48226.
    2. Unless otherwise agreed in writing with Are You a Human, your agreement with Are You a Human will always include, at a minimum, these terms and conditions as set forth in this document, along with the then-current version of the documentation related to the Services (collectively, the "Terms").
    3. You represent and warrant that you have full authority to accept the Terms. If you are accepting on behalf of someone else, you represent and warrant that you have full legal authority to bind that person or entity to these Terms. If you don't have full legal authority to bind, please ensure that an authorized person from your entity consents to and accepts the Terms.
    4. As used in this agreement, your "Application" means any software, web site, or embedded application you develop that can access or communicate with Are You a Human's servers using the Services.
  1. Your Acceptance of these Terms
    1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
    2. You can accept the Terms by:
      1. clicking to accept or agree to the Terms, where this option is made available to you by Are You a Human in the user interface for any Services; or
      2. by actually using the Services. In this case, you understand and agree that Are You a Human will treat your use of the Services as acceptance of the Terms from that point onwards.
    3. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Are You a Human, or (b) you are a person barred from using or receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
    4. Before you continue, you should print off or save a local copy of the Terms of Services for your records.
    5. Due to things like changes to the law or changes to functionality offered through the Services, Are You a Human may need to change the Terms from time to time.  The changes will be effective immediately upon being made publicly available by Are You a Human. If you do not agree to modified Terms, you must stop using the Services. You understand and agree that if you use the Services after the date on which the Terms have changed, Are You a Human will treat your use as acceptance of the updated Terms.
  1. Our Provision of the Services
    1. Are You a Human is constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Services that Are You a Human provides may change from time to time.
    2. You may stop using the Services at any time. You do not need to specifically inform Are You a Human when you stop using the Services.
  1. Our Description of Our Services

The Services provide games that are useful for distinguishing between humans and computers for the purposes of preventing abuse of a website. To use the Services, you must comply with the application programming interface (API) and developer guide documentation. You are solely responsible for your compliance with the API and developer guide documentation in order to use the Services. You may also use a plugin pre-built for an Application you use. In order to make use of the API in any form, you must open an account with Are You a Human and register to obtain an API Key (which consists of a public and private component provided by the Services, and entitles a website to make queries through the API) consisting of a "public key" and a "private key". Specifically, when a third party (which may be either a human or a computer) wishes to access your website, your website embeds a service script which includes your "public key." Your website then contacts the Services (an "API Query"), which then provides the third party with a game related to verification processes. The third party then attempts to complete the game. Our Services then collect the third party's game results, which then determine whether the third party has completed the game successfully, or has interpreted the images or data related to alternative verification processes sufficiently well that there is high confidence that the third party is a human. The Services then relay to your website its determination of whether or not there is high confidence that the third party is a human.

  1. Your Use of the Services
    1. In order to use the Services, you must open an account and obtain an API key from Are You a Human. You agree that any registration information you give to Are You a Human will always be accurate, correct and up to date. You agree to update Are You a Human through our website in order to provide Are You a Human with registration information that is accurate, correct, and up to date if any of your registration information changes.
    2. You agree to use the Services only for purposes (a) that are permitted by the Terms, any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries), and (b) that do not violate the legal rights of any third party, including but not limited to copyrights, trademarks, rights of privacy, and rights against defamation.
    3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Are You a Human, unless you have been specifically allowed to do so in a separate agreement with Are You a Human.
    4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    5. Unless you have been specifically permitted to do so in a separate agreement with Are You a Human, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
    6. You agree that you are solely responsible for (and that Are You a Human has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Are You a Human may suffer) of any such breach. Further, you agree Are You a Human is in no way responsible to you or any third party for anything related to your End User's use or misuse of your service, your service or your Application, and you agree to indemnify Are You a Human against any such claims by a third party related to your service or your Application.
  1. Your Password and Account Security
    1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
    2. You agree that you will not provide access to the Services to any person or entity that is not an authorized user under the Terms.
    3. Accordingly, you agree that you will be solely responsible to Are You a Human for all activities that occur under your account.
    4. If you become aware of any unauthorized use of your password or of your account, you agree to notify Are You a Human immediately.
  1. Your Personal Information and Privacy
    1. For information about Are You a Human’s data protection practices, please read Are You a Human’s privacy policy.  These policies explain how Are You a Human treats your personal information, and protects your privacy, when you use the Services.
    2. You agree to the use of your data and any data you transmit in accordance with Are You a Human’s privacy policies.
  1. Your Website’s Users’ Personal Information and Privacy
    1. As long as you use the Services you agree to publish and maintain a privacy policy on your websites. The privacy policy should be clearly written and should be prominently linked from the your website’s home page. You are responsible for ensuring that your relationship with Are You a Human, as described herein, is in compliance with your privacy policies.
    2. You agree that, at a minimum, your privacy policy will prominently and clearly disclose:

                                               i.     the nature and scope of the automatic collection and use of non-personally identifiable information on your website;

                                             ii.     that you share certain non-personally identifiable information with third parties for tailoring advertisements to end users on your websites and on other websites;

                                            iii.     that you collect personally identifiable information that your website’s end users have voluntarily disclosed in response to an advertisement, and

                                            iv.     that you share such personally identifiable information with third parties.

  1. Our Proprietary Rights
    1. You acknowledge and agree that Are You a Human (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
    2. Unless you have agreed otherwise in a separate written agreement with Are You a Human, nothing in the Terms gives you a right to use any of Are You a Human’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
    3. If you have been given an explicit right to use any of these brand features in a separate written agreement with Are You a Human, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.
    4. Other than the limited license set forth below, Are You a Human acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Are You a Human, you agree that you are responsible for protecting and enforcing those rights and that Are You a Human has no obligation to do so on your behalf.
    5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
  1. Your License from Are You a Human
    1. Are You a Human gives you a worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Are You a Human as part of the Services as provided to you by Are You a Human (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Are You a Human, in the manner permitted by the Terms.
    2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Are You a Human, in writing.
    3. Unless Are You a Human has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
  1. Our Content License from You
    1. You (or your licensors) retain copyright and any other rights you already hold in Content or software code that you create, submit, transmit, post or display on or through the Services. By submitting, transmitting, posting or displaying the Content or software code through the Services you give Are You a Human a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content or code which you submit, transmit, post or display on or through, the Services and other Are You a Human services. This license is for the sole purpose of enabling Are You a Human to display, distribute and promote the Services.
    2. You confirm and warrant to Are You a Human that you have all rights, power and authority necessary to grant the above license.
    3. You agree that Are You a Human, in its sole discretion, may use your trade names, trademarks, service marks, logos domain names, and other distinctive brand features in presentations, marketing materials, customer lists, financial reports, and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Services.
  1. Our Display of Content in the Services
    1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are provided "as is" and that, in this respect, you use the Services at your own risk. All such information is referred to below as the "Content."
    2. You understand that by using the Services you may be exposed to Content and your Application may be associated with Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
    3. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Are You a Human or by the owners of that Content, in a separate agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained in the Content.
  1. Limitation on Your Use of Services, Prohibition on Storing Games, Images, and Alternative Verification Processes and Prohibition on Reverse Engineering

Upon obtaining an API Key, you will have a non-exclusive, limited right to use the Services solely for the purpose of receiving the Services' 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 games, and images or data related to alternative verification processes received from the Services, and from displaying them multiple times, (ii) using the games and images or data related to alternative verification processes, received from the Services as input to algorithms that attempt to process them, (iii) reverse engineering any aspect of the Services, and (iv) using the games and images and data related to alternative verification processes and any other data or information generated from the access and use of the Services in any manner other than for the purpose of receiving the Services determination of whether or not there is high confidence that the third party interacting with your website is a human.

  1. Ending Your Relationship with Are You a Human
    1. The Terms will continue to apply until terminated by either you or Are You a Human as set out below.
    2. You may terminate Terms with Are You a Human by discontinuing your use of the Services at any time.
    3. Are You a Human may at any time, terminate the Terms with you, and your access to the Services, at its sole discretion, with or without cause, with or without notice, effective immediately.
    4. Nothing in this Section shall affect Are You a Human’s rights regarding provision of Services under Section 3 of these Terms.
    5. Upon the termination of the Terms, you will immediately cease all use of the Services.
    6. When these Terms come to an end, all of the legal rights, obligations and liabilities that are which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17(f) (affecting choice of law and forum) shall continue to apply to such rights, obligations and liabilities indefinitely.
  1. Our Disclaimer of Warranties

The Services are provided “as is”. Are You a Human and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Are You a Human nor its suppliers and licensors, makes any warranty that the Services will be error free, or that the Services will achieve a particular rate of success or accuracy in determining whether the third party interacting with your website is a human, or that access to the Services will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.

  1. Our Limitation of Liability

In no event will Are You a Human, or its suppliers or licensors, be liable with respect to any subject matter of the Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Are You a Human under this agreement during the twelve (12) month period prior to the cause of action. Are You a Human shall have no liability for any failure or delay due to matters beyond our reasonable control.

  1. Your Indemnification of Are You a Human

You agree to indemnify, defend and hold Are You a Human, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claims arising out of or related to your Application, or your use of the Services, Content, or Are You a Human brand features. In such a case, Are You a Human will provide you with written electronic notice of such claim, suit or action to the email address that Are You a Human has associated with your account registration information.

  1. General Legal Terms
    1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
    2. The Terms constitute the whole legal agreement between you and Are You a Human and govern your use of the Services (but excluding any services which Are You a Human may provide to you under a separate written agreement), and completely replace any prior agreements between you and Are You a Human in relation to the Services.
    3. You agree that Are You a Human may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
    4. You agree that if Are You a Human does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Are You a Human has the benefit of under any applicable law), this will not be taken to be a formal waiver of Are You a Human rights and that those rights or remedies will still be available to Are You a Human.
    5. If any court of law, having the jurisdiction to decide on this matter, holds that any part of the Terms is invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
    6. This Agreement will be governed by and construed in accordance with the laws of the State of Michigan without giving effect to conflict of laws principles.  Any action or proceeding between the parties, including seeking to enforce any provision of, or based on any right arising out of, the Terms or the Agreement may only be brought in a court sitting in the State of Michigan, County of Wayne, City of Detroit, or if it has or can acquire jurisdiction, the United States District Court for the Eastern District of Michigan, and each party hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein.  Process in any action or proceeding referred to in the preceding sentence may be served on a party anywhere in the world. Notwithstanding this, you agree that Are You a Human shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You also agree that if a controversy, claim or dispute arises out of, or relating to, the Agreement, or the interpretation or application of the terms of the Agreement, or any breach of the Agreement (the “Dispute”), the parties agree to use their best efforts to resolve the Dispute through good faith business negotiation, which shall be a condition precedent to the institution of any mediation or litigation. The party claiming the Dispute shall give written notice of the Dispute to the other party containing sufficient detail to provide the other party with sufficient notice as to the disputed matter. The good faith business negotiations must take place for at least thirty (30) days after the written notice of the Dispute is provided and must include the President of each of the parties. If the Dispute is not resolved during such thirty (30) day period, then the parties shall submit the Dispute to non-binding mediation to be conducted by an independent qualified professional selected by mutual agreement. The non-binding mediation shall take place at a mutually agreed upon location in the State of Michigan, County of Wayne, City of Detroit. The fee of such professional shall be borne equally by both parties. If the parties cannot agree upon one independent qualified professional to mediate the Dispute within sixty (60) days after the expiration of the thirty (30) day negotiation period specified above, then each party shall select one independent qualified professional and the two independent qualified professionals so selected shall select a third independent qualified professional who shall solely mediate the Dispute. The results of the mediation shall be non-binding on the parties. Formal litigation proceedings may be commenced in a court of competent jurisdiction by a party not satisfied, in its sole discretion, with the results of the mediation. The prevailing party with respect to any such Dispute will be entitled to recover its actual attorney fees and costs from the other party.