KeyCAPTCHA Terms of Service and Use Agreement

The text of the Agreement below is a public offer to enter into the KeyCAPTCHA Terms of Service and Use Agreement on the Terms.

If you (referred to herein as the “User”) don’t accept these Terms of the Agreement, you shall not use the Site and the Service.

The User is not allowed to use the Site and the Service if he or she is a minor or for some reason he or she is banned under local laws from using the Service.

1. License Agreement

According to the Terms described in the document and also in conformity with the other KeyCAPTCHA website-allocated materials (at www.keycaptcha.com), you are granted a restricted, non-transferable license to access the Site.

The User agrees that non-compliance of any terms listed below is a breach of the Agreement on his or her part.

To use the Service, the User ought to provide the Service with necessary truthful information which is updated if there are any changes. The User agrees that the

• 1.1 To use the Service, the User ought to provide the Service with necessary truthful information which is updated if there are any changes. The User agrees that the information is stored on the Service according to our Privacy Policy.
• 1.2 The User is entirely responsible for any activity executed under his or her account.
• 1.3 The User takes responsibility for securing his or her account password.
• 1.4 The User is not allowed to offend, threaten, and intimidate other KeyCAPTCHA’s users.
• 1.5 The User shall not misuse the Site and the Service for any illegal or prohibited purposes. The User agrees to abide by all his or her country’s legislation related to the advertising materials and website content.
• 1.6 The User is entirely responsible for his or her uploaded data, images, photos, audio, and video materials; and also for links he or she posts on the Service.
• 1.7 The User accepts that all the materials accessible in the course of using the Service are of the liability of persons who have posted them on the Service.
• 1.8 The User acknowledges and accepts that in accordance with the Agreement the Service is granted by the User a non-exclusive right to post any uploaded materials to the Service. In conformity with the right the Service may display the materials on the websites using the Service.
• 1.9 If the User is not an ad materials owner, he or she is not entitled to use them on the Service.
• 1.10 The User has no right by some means to use the Service-provided ads materials except displaying them on his or her websites by using the Service. The exceptions are the User’s own ads materials.
• 1.11 The User shall not modify or crack the Site or the Service.
• 1.12 The User shall not create or modify any website to represent it as the KeyCAPTCHA Site.
• 1.13 The User shall not send undesirable emails or messages to other Service’s users.
• 1.14 The User shall not violate his or her country’s laws while using the Service (including but not limited to copyright laws).
• 1.15 The User shall not violate any patent, trademark, commercial secret, copyright, publicity right or any other right of the individual or of the entity.
• 1.16 The User shall not post any illegal, threatening, libeling, fraudulent, encroaching-upon-privacy, improper or abusive information on the Site and the Service.
• 1.17 The User shall not evade, modify, crack or interrupt into the operating mechanisms of the Service and of the Site.

Any breach of the Agreement’s Terms results in the suspension of User’s account and access blocking to the Service and the Site.

The current License Agreement is granted on a non-exclusive basis. The Service is entitled to suspend the validity of the License at any time and for any reason.

2. User Responsibilities

• 2.1 When the User signs up to the Site, he or she is asked to specify a password required to obtain access to the User’s account on the Site. The User bears responsibility not to disclose his or her password and also the Service-provided private keys to the third-party persons. The User agrees to let the KeyCAPTCHA support team inform of any suspicious unauthorized use of his or her account/password by sending email to support@keycaptcha.com.
• 2.2 The User is entirely liable for using his or her account.
• 2.3 The User agrees not to use the other users’ account.
• 2.4 The User takes entire responsibility for use of the Site and the Service since the Site and Service’s functions are to store a user-posted information and to display it. None of user-posted materials on the Service reflects the views, opinions or beliefs of the Service’s owners and operators. The Service is not responsible for user-posted information accuracy.
• 2.5 The User acknowledges that by accessing the Site and the Service, the User may be exposed to the content he may find offensive, indecent or undesirable to him or her. In this respect, the User uses the Service and the Site at his or her own risk.

3. KeyCAPTCHA Service

• 3.1 The Service offers a platform allowing advertisers (referred to herein as “the Advertisers”) to create their own ads CAPTCHAs for their advertised goods, services, and brands on websites using the Service. More detailed information on the Service is available at www.keycaptcha.com
• 3.2 The Service is entitle to modify, suspend or terminate its services including availability of any functions and ads materials for any visitors or websites without noticing of and liability for on the Service’s part.
• 3.3 The Service has the right (but not necessary obliged) to moderate ads materials and websites added to the Service.
• 3.4 At its discretion, the Service is entitled to deny access to the Service to any individual or legal entity at any time and for any reason.
• 3.5 At its discretion, the Service reserves the right to select what CAPTCHAs (including advertising ones) on what websites and when they are offered the visitors.

4. Limitation of Liability

• 4.1 ADS CONTENT AND ALSO THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSES.
• 4.2 THE KeyCAPTCHA SERVICE DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISING CAMPAIGN, AND EACH OF ADVERTISER AND PUBLISHER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
• 4.3 IN NO EVENT SHALL THE KeyCAPTCHA SERVICE BE LIABLE TO THE USER, THE ADVERTISER, THE PUBLISHER OR ANY OTHER THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION LOSS OF USE, LOSS OF OR DAMAGE TO RECORDS OR DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, REVENUE AND/OR PROFITS, SUSTAINED OR INCURRED REGARDLESS OF THE FORM OF THE SERVICE’S USE.

5. Privacy

For more detailed information on the Service’s Privacy Policy, go to Privacy Policy page.

6. Publisher and Advertiser Acceptable Use Policy of the Service

• 6.1 KeyCAPTCHA prohibits advertisements on the following websites having content such as:
  • 6.1.1 Promotion of illegitimate financial schemes, such as a Ponzi scheme, a pyramid scheme, high-yield investment programs etc.
  • 6.1.2 Deceptive content to increase traffic or clicks.
  • 6.1.3 Content solely aiming at increase of their search engine rank (e.g. Doorways).
  • 6.1.4 Only ads containing websites.
  • 6.1.5 Websites contain only login-and-registration pages.
  • 6.1.6 Affiliate websites only designated to redirect the visitors.
• 6.2 The ad link publicized by the Advertiser shall meet the following guidelines:
  • 6.2.1 The ad link shall point to an existing page of some website.
  • 6.2.2 The ad link shall not contain any spaces.
  • 6.2.3 It is not allowed to use links through which incidental redirecting to other pages or websites may occur.
  • 6.2.4 The landing page shall not contain any malware, malicious code or any other illegal content.
  • 6.2.5 The landing page shall not contain any material regarding illegal activities on the Internet.
  • 6.2.6 The landing page shall not open pop-ups preventing the User from closing the page.
• 6.3 The Service uses cookie technology to identify unique visitors of the websites.
• 6.4 The Advertisers and the Publishers shall comply with the Terms of the Publisher and Advertiser Acceptable Use Policy of the Service.

7. Disclaimer

• 7.1 The User acknowledges and accepts that the Service has no special relationship with or fiduciary duty to the Advertisers and the Publishers.
• 7.2 The Service shall not be liable for controlling over the following:
  • 7.2.1 What users are provided with access to the Site and the Service.
  • 7.2.3 The websites’ content using the Service. Publishers are liable for the content on their websites using the Service.
  • 7.2.4 The ads CAPTCHAs’ content. Advertisers are liable for the ads CAPTCHAs’ content.
• 7.3 The Service bears no responsibility for the following:
  • 7.3.1 Cconsequences caused by the information in the ads CAPTCHAs or on the Service, and also on the websites using the Service.
  • 7.3.2 The way visitors, publishers, and advertisers interpret or use advertising materials and/or any other content of the websites using the Service.
  • 7.3.3 Actions of any persons caused by advertising materials and/or any other content of the websites using the Service.
• 7.4 The Advertiser is entirely liable for and takes all possible risks for all advertising materials and the content of all ad link landing pages.
• 7.5 The Publisher is solely liable for and takes all possible risks for the content of the websites using the Service.
• 7.6 KeyCAPTCHA does not warrant any amount of displays or solutions to any advertising CAPTCHAs.
• 7.7 KeyCAPTCHA does not warrant any amount of payouts to publishers and advertising costs to advertisers.

8. Payouts to publishers

For more details on payouts to publishers, go to the following link.

9. Prices and Additional Guidelines on Advertising

For more details on prices and additional guidelines on advertising, go to the following link.

10. Miscellaneous

• 10.1 This Agreement constitutes the entire legal understanding of the parties (the User and the Service) with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements.
• 10.2 KeyCAPTCHA may revise this Agreement periodically. The revised agreement is valid since its posting on the Site. The User shall visit the Site to make sure that he or she is familiar with and accepts all revisions.
• 10.3 The Service has no arrangements and agreements with the User except the arrangements and agreements described in the Agreement.
• 10.4 The User agrees that the Service may notify or send messages and/or other materials including but not limited to those regarding the revisions of the Agreement’s Terms by email or any other means. If the User is willing to stop receiving the materials, he or she shall inform us by email at support@keycaptcha.com
• 10.5 No other individual and/or legal entity is not a third party of the Agreement.
• 10.6 The Terms and the User’s relation with the Service shall be governed exclusively by the laws of the Republic of Seychelles, without regard to conflict-of-laws provisions. Any disputes arising out of this Agreement shall be subject to the exclusive venue of the courts of the Republic of Seychelles, and the parties hereby consent to the venue and jurisdiction of such courts. Notwithstanding, the User agrees that the Service has the power to claim (or to use other urgent legal remedies) in any jurisdiction.