TERMS AND CONDITIONS

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and PIDHC Limited, ProofID Limited and ProofID Inc. and all their affiliated companies (collectively, “ProofID,” “we,” or “us”) with respect to your use of ProofID’s websites and mobile apps and other services (collectively, the “Services”), including any Content (as defined in section 1 below).

If you are located in North America, these Terms of Use are between you and ProofID Inc. a Colorado company. If you are located outside of North America, these Terms of Use are between you and ProofID Limited, a limited company in England and Wales.

By accessing the Services in any manner (even just browsing one of our websites), you acknowledge that you have read, understand and agree to these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, do not access or use the Services.

We reserve the right to change these Terms of Use at any time, by posting a notice on this website. You are advised to review these terms regularly to ensure you are aware of any changes. Your continued use of the Services after such changes are posted will be deemed agreement on your part to these Terms of Use as amended.

1. Scope of and restrictions on use

You must be 18 or older to use the Services. Minors under 18 are only permitted to use the Services with their parent or legal guardian’s permission. Subject to these Terms of Use, ProofID grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your legitimate business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of ProofID. You agree not to:

• collect information from the Services using an automated software tool or manually on a mass basis;
• use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
• obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
• “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
• restrict or inhibit other users from accessing or using the Services;
• modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Services or in the Content; or
• access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

2. The Services

The Services (including the Content) are owned by ProofID and its licencors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Services are registered and unregistered marks of ProofID and its licencors. You acknowledge and agree that, as between you and ProofID, ProofID is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

3. Account registration and security

Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account, other than your parents or legal guardians who have rights to access and manage your account if you are a minor. If you are a parent or legal guardian, you may permit your child to use the account instead of you, however you are liable for the activities of your child. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify ProofID of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

4. User content

User content and restrictions. The Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, and other user-generated content (collectively, “User Content”) and interact with others through user comment areas, message boards, and similar user-to-user areas. You may not post any User Content that:

• is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
• constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
• infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
• encourages criminal conduct;
• contains false, misleading, fraudulent, or deceptive claims or content;
• gives the impression that it emanates from or is endorsed by ProofID or any other person or entity, if this is not the case; or
• contains any virus, malware, spyware, or other harmful content or code.

 

Rights you grant to us. You hereby grant to ProofID an irrevocable, perpetual, non-exclusive, transferable, sublicencable, royalty-free, worldwide right and licence to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to ProofID that you own or control all rights in and to such User Content and have the right to grant the rights above to us.

No responsibility. You agree that you are solely responsible for your User Content, and you acknowledge and agree that ProofID is not responsible for, and does not endorse, any User Content.

No obligation to pre-screen, monitor or use. ProofID does not have, and does not undertake, any obligation to pre-screen, monitor, edit, or remove any User Content posted on or through the Services. However, ProofID retains the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.

Submitted ideas. While we appreciate your interest in the Services and our business, ProofID does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of ProofID might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations shall be deemed to be non-confidential and non-proprietary.