Last Updated: Jan 17, 2020
The Services are offered and available to users who are at least 13 years of age or older (“Users” or “Validity Users”). By using these Services, you represent and warrant that you are of legal age to form a binding contract with the Validity and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND VALIDITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Basic Terms and Rules of Conduct:
3. Unless otherwise noted, the Services as a whole or in part, and all materials that are part of the Services, including without limitation, the Validity name and logos (collectively, “Validity Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by Validity or its subsidiaries and affiliates. You may only use Validity Content for your personal, noncommercial use; any other use of the Validity Content without Validity’s express written consent is strictly prohibited. No right, title, or interest in any Validity Content is granted or transferred to you as a result of your access or use. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Validity Content or Services. Unauthorized use of the Validity Content is expressly prohibited by law, and may result in severe civil and criminal penalties.
5. You may not participate in any activity that is in violation of any federal, state, or local law.
6. You are responsible for any activity that occurs in the real world and through your account and you agree you will not sell, transfer, license or assign your account, Service license(s), followers, username, or any account rights. Validity prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide(d) to or were provided by the Validity upon registration and at all other times will be true, accurate, current, complete, and confidential, and you agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.
7. You agree that you will not solicit, collect or use the login credentials or other confidential information of other Validity Users.
8. You are responsible for keeping your password secret and secure.
9. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non- public email addresses.
10. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Comments, including but not limited to, copyright laws.
11. You must not change, modify, adapt or alter the Website or Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Validity.
12. You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any Validity Users.
13. You must not use domain names or web URLs in your username, if applicable, without prior written consent from Validity.
14. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Validity page is rendered or displayed in a user’s browser or device.
15. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
17. You agree to comply with the Acceptable Use Policy attached hereto (“AUP”)
1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can request deactivation of your Validity account by emailing us at [email protected] If we terminate your access to the Service or you request that we deactivate your account, your photos, Comments, and all other data may no longer be accessible through your account.
4. We reserve the right to force forfeiture of any username for any reason.
The Services may include links to other internet sites maintained by third parties (“Linked Sites”). Validity provides Linked Sites to You solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Validity of such Linked Sites. You access Linked Sites at your own risk and by accessing them, you may leave the Services. Linked Sites are not under the control of Validity and Validity is not responsible for the contents of any Linked Sites.
Notice Specific to Software Available on this Website:
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the Software License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE SOFTWARE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SOFTWARE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE SOFTWARE LICENSE AGREEMENT, VALIDITY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
VALIDITY MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD FOR YOUR CONVENIENCE, BUT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN VALIDITY SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
1. Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Validity may place such advertising and promotions in connection with the Service or on, about, or in conjunction with your Comments. The manner, mode and extent of such advertising and promotions are subject to change without specific notice, or compensation of any kind, to you.
4. If the User uses the Service through Validity’s mobile application, User grants Validity the right to use the processor, bandwidth, and storage hardware on User’s device in order to facilitate the operation of the Service.
Claims of Infringement
1. If a User believes that any content appearing on the Service infringes the User’s copyright rights, Validity wants to hear from the User. Please forward the following information in writing at the address listed below:
a) The User’s name, address, telephone number and e-mail address;
b) A description of the copyrighted work(s) that the User claims has been infringed;
c) The exact description of each place where alleged infringing material is located;
d) A statement by the User that the User has a good faith belief that the disputed use has not been authorized by the User, its agent, or the law;
e) The User’s electronic or physical signature or the electronic or physical signature of the person authorized to act on the User’s behalf; and
f) A statement by the User made under penalty of perjury, that the information in the User’s notice is accurate, that the User is the copyright owner or authorized to act on
the copyright owner’s behalf.
Please provide any feedback or claims of infringement to the following address: ATTN: Legal – Validity, Inc., 200 Clarendon Street, Boston, MA 02116 or via email at [email protected]
Disclaimer of Warranties
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE VALIDITY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE VALIDITY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES OR SOFTWARE; (B) THE VALIDITY CONTENT; (C) USER CONTENT (INCLUDING COMMENTS); (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE VALIDITY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL SERVICE OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VALIDITY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE VALIDITY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF SERVICE DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF VALIDITY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT VALIDITY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE VALIDITY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF VALIDITY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE VALIDITY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, SERVICE, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE VALIDITY PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
VALIDITY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Our customer service specialists are ready to assist you and address your concerns: email [email protected]
Time Limitation on Claims.
You agree that any claim you may have arising out of or related to your relationship with Validity must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred. This provision expressly survives the termination of your relationship with Validity.
Governing Law & Venue.
The information provided within or in connection with the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Validity to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, Service or other feature that Validity provides.
Validity Acceptable Use Policy
This Acceptable Use Policy (“AUP”) describes activities which are not permitted. The AUP is incorporated by reference in the Terms of Service forming your Agreement withValidity (“Terms”).
As part of our efforts to protect our products or services (“Services”), protect our customers, or to stop you from breaching the Terms we retain the right to block or otherwise prevent delivery of any file and/or account services.
You agree and warrant that You and your Authorized Users will not engage in, encourage, enable, or permit:
• Using the Services in a way that has a detrimental effect upon Validity, its customers or the Services, as determined by Validity in its sole discretion
• Any conduct that is likely to result in retaliation against Validity, it’s network or website, or Validity’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service (DoS) attack;
• Attempting to use the Services in contravention of the terms of this Agreement
• Using the Services for any unlawful, invasive, infringing, defamatory or fraudulent purpose
• Using the Services for purposes directly or indirectly relating to the sending of unsolicited bulk commercial email (“Spam”) of any kind
• Using the Services to verify email address(es) obtained from a third party or obtained indirectly without the recipients’ knowledge and consent
• Using the Services to verify email address(es) of anyone who has not opted-in, or who has opted-out, of receiving email communications from you
• Using the Services to harvest email addresses or otherwise determine the existence of unknown email addresses
• Interfering with the use of the Services by Validity’s customers or other Authorized Users
• Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as Account Data and IP addresses
• Altering, tampering with or circumventing any aspect of the Services
• Any action which directly or indirectly results in any adverse effect on our assets or Services
• You agree on behalf of yourself and your Authorized Users that You will not use the Services for any of these purposes. If you do, Validity may immediately suspend or limit the Services, or terminate the applicable license and Agreement without further liability or obligation to you, in addition to any other remedies that Validity may have.
You agree to comply with all applicable laws and regulations in connection with Your use of the BV Services. You may not use BV Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
• The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud; • Acts that may materially and adversely affect the quality of other users’ experience;
• Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
• Introducing malicious programs into the BV Services or Validity’s network or servers (e.g. viruses, worms, Trojan horses, etc.);
• Attempting to circumvent authentication or security of any host, network, or account without authorization;
• Adapt, modify or create derivative works based on the BV Services, technology underlying the BV Services, or other users’ content, in whole or part;
• Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the BV Services (excluding content posted by You) except as permitted in these Terms, or as expressly authorized by Validity in writing;
• Using any method, software or program designed to collect identity information, authentication credentials, or other information;
• Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
• Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
• Transmitting, receiving, uploading, using or reusing material that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Transmitting, receiving, uploading, using or reusing material that You, or users you represent, have not collected directly from live web forms or other opt-in collection mechanisms directly related to you or your users’ businesses.
• Falsifying user identification information;
• Using the BV Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
• Impersonating any person or entity, including, but not limited to, a Validity representative, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity.
Acceptable Use: Account, Password & Security
• As part of the application process, You will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your account, including, without limitation, all actions by sub-users registered under Your account. In addition, You are solely responsible to review the instructions and user policies provided in conjunction with the BV Services and bear all responsibility for using the BV Services correctly in accordance with such instructions and user policies.
You agree to:
• Immediately notify Validity of any unauthorized access to or use of Your password or account or any other breach of security; and
• Ensure that You exit (log off) from Your account at the end of each session.
• For the avoidance of doubt, Validity cannot and will not be liable for any loss, damage or other liability arising from Your failure to comply with this Section or from any unauthorized access to or use of Your account.
Acceptable Use: Anti-Spam Policy
The purpose of this Acceptable Use and Anti-Spam Policy is to outline the acceptable use of the Validity Services. This policy applies to all uses of the Services and any interaction
with Validity systems, interface, network and database.
Validity has a no tolerance Anti-Spam policy. That means unsolicited communication to persons with whom our users do not have a business relationship or who have not specifically requested (“opted- in” to) our users’ mailings.
To use our Service, you must agree to verify only permission-based and/or acceptance-based email addresses. This means all recipients must have opted-in to receive communications from the verifying entity, or they have been informed at the point of collection that their addresses will receive communications. An opt-in/acceptance can occur either via a sign-up form on a website, at a point- of-sale sign-up form, on a physical sign-up sheet, or by any mechanism that allows a recipient to knowingly provide their email address for the purposes of receiving email communication from our users.
Purchased, rented, third-party, directory-harvested, publicly available data or harvested lists may not be used with the Service, regardless of the source or permission status.
We reserve the right to suspend or terminate your access to the account at any time in our sole discretion based on patterns consistent with verifying non-permission-based and non-acceptance- based email addresses. You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with Validity.
We’re in this thing together. As a leading email verification provider with billions of verifications conducted over the years, we feel it’s our responsibility to be extra vigilant about preventing abuse of our services to protect both our customers and our partner relations. It’s also in our best interest to keep the system clean because our reputation depends on it.
Please report any suspected abuse to [email protected] MBPs and Blacklist administrators may also contact us at [email protected] Based on internal review, we will take the appropriate action against the verifier of the email address(es) in question.
Procedures for handling complaints:
Your account will be immediately terminated if we determine in our sole discretion that you verify non-permission-based email addresses determined by patterns associated with your usage. You may contact [email protected] with evidence for re-instatement.
To determine whether you have verified non-permission-based email addresses we will,
review your verifications for patterns common to harvested and other non-opted-in lists as well as review any abuse complaint.
Validity reserves the right to prohibit the use of the Services by any entity or customer at its sole discretion.