Website and Service Terms and Conditions - General. Through the reCAPTCHA service website ("Website"), the reCAPTCHA service ("Service") provides images and/or audio clips (collectively, "images") that are useful for distinguishing between humans and computers for the purposes of preventing abuse of a website, and also harnesses the power of humans who solve the reCAPTCHA service's challenges to do good for society (for example, by recognizing scanned text that can not be read by machines). The Service and Website are provided and operated by reCAPTCHA Inc. ("reCAPTCHA"). Access and use of the Website and Service are subject to the following Terms and Conditions of Service ("Terms and Conditions"). Accessing or using any part of the Service (including by way of opening an account, registering to obtain an API Key or obtaining an API Key) constitutes an agreement that you have read, understood, and agree to be bound by these Terms and Conditions.

Information about the API and API Key. To use the Service, you must use the Service's application programming interface ("API") as described here. You may use a script pre-built for an application you use, such as the ones listed here or you may perform the API integration yourself. In order to make use of the API in any form, you must open an account with reCAPTCHA and register to obtain an API Key (which consists of a public and private component provided by the Website, and entitles a website to make queries through the Service's 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 Service (an "API Query"), which then provides the third party with one or more images and tokens identifying those images. The third party then enters his/her/its interpretation of those images and submits those interpretations to your website, along with the tokens associated with the images. Your website then sends the third party's interpretations and the tokens to the Service (using your "private key" to identify your application), which then determines whether the third party has interpreted the images sufficiently well that there is high confidence that the third party is a human. The Service then relays to your website its determination of whether or not there is high confidence that the third party is a human.

Information about Account Opening and Registration. By opening an account and registering to obtain an API Key with reCAPTCHA, you represent and warrant that (i) the information you provide to reCAPTCHA in connection with your account and the registration is true and correct, (ii) you will promptly notify reCAPTCHA if any of your information changes, (iii) you own the website, or if your website is owned by an entity, you are authorized to open an account and register to obtain an API Key with reCAPTCHA and enter into these Terms and Conditions on behalf of such entity (and, in such case, references in these Terms and Conditions to "you" and "your" and words of like import shall be deemed to mean such entity and/or the specific individual who opened the account and registered to obtain an API Key with reCAPTCHA as specified in your account). If you obtain an API Key, you are responsible for maintaining the security of your API Key. You are also responsible for all activities that occur under your account and in connection with your API Key. You must notify reCAPTCHA immediately in the event you believe that there has been an unauthorized use of your API Key, your account or any other breaches of security.

Limitation on Use of Service; Prohibition on Storing Images and Reverse Engineering. Upon obtaining an API Key, you will have a non-exclusive, limited right to use the Service solely for the purpose of receiving the Service's 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 images received from the Service, and from displaying them multiple times or in any URL different from that specified in your account, (ii) using the images received from the Service as input to algorithms that attempt to process them, (iii) reverse engineering any aspect of the Website and Service, and (iv) using the images and any other data or information generated from the access and use of the Website and Service (other than for the purpose of receiving the Service's determination of whether or not there is a high confidence that the third party interacting with your website is a human).

To Open an Account and Register to Obtain an API Key. You can open an account to use the Service and register to obtain an API Key here.

Trademarks. "reCAPTCHA", "ReCAPTCHA" and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or service marks of reCAPTCHA or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Website and Service does not grant or provide you with the right or license to reproduce or otherwise use the reCAPTCHA name or any reCAPTCHA or third-party trademarks, service marks, graphics or logos.

Changes to the Website and Service or these Terms and Conditions. reCAPTCHA may, in its sole discretion and at any time update, change, suspend, make improvements to or discontinue any aspect of the Website or Service, temporarily or permanently, or amend, update or change these Terms and Conditions. You will be bound by any such amendments, updates or changes, so you should periodically review these Terms and Conditions for amendments, updates or changes.

Your Representations and Warranties. You represent and warrant to reCAPTCHA that your access and use of the Website and Service will be in accordance with these Terms and Conditions and with applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside.

Release and Indemnification of reCAPTCHA. You release and agree to defend, indemnify and hold harmless reCAPTCHA and its trustees, officers, employees, attorneys, agents, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Website and Service (including access or use by way of your website by any customer, business invitee or business visitor of you or your website), your breach of any of these Terms and Conditions, or any unavailability, malfunction or error of the Website or Service.

NO REPRESENTATIONS OR WARRANTIES. THE WEBSITE AND THE SERVICE AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY RECAPTCHA ARE PROVIDED TO YOU ON AN "AS IS" BASIS. RECAPTCHA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RECAPTCHA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. ACCESS AND USE OF THE WEBSITE AND SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY. IN NO EVENT WILL RECAPTCHA BE LIABLE TO YOU OR ANY THIRD PARTY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE OR WEBSITE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO CUSTOMER'S COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY, EVEN IF RECAPTCHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECAPTCHA'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF THE WEBSITE AND SERVICE (INCLUDING ACCESS OR USE BY WAY OF YOUR WEBSITE BY ANY CUSTOMER, BUSINESS INVITEE OR BUSINESS VISITOR OF YOU OR YOUR WEBSITE) OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICE SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination. reCAPTCHA may terminate your access and use of the Service (including your API Key) immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your access and use of the Service (including your API Key) immediately at any time, for any reason by contacting support@recaptcha.net. The provisions of these Terms and Conditions relating to the protection and enforcement of reCAPTCHA's proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, governing law and venue, and miscellaneous provisions shall survive any such termination.

Ownership of Data and Information; reCAPTCHA's Use of Personally-Identifiable Information. All data and information generated from the access and use of the Website and Service, including any image solved (whether or not correct) shall be the property of reCAPTCHA, and no third party, including you, shall have the right to own such data and information, or use such data or information except as expressly authorized by these Terms and Conditions. By using the Website and Service, you automatically assign to reCAPTCHA any rights in the data or information generated from the access and use of the Website and Service, including any image solved (whether or not correct) of yours and third party users of your website providing interpretations of images (and you agree to make sure that the third party users of your website assign these rights in the data and information to reCAPTCHA).

For information about reCAPTCHA's data protection practices, please read our Privacy Notice at http://recaptcha.net/privacy.html. This policy explains how reCAPTCHA treats your personal information, and protects your privacy, when you use reCAPTCHA. You agree to the use of your data in accordance with reCAPTCHA's privacy policies.

Notices and Inquiries. All requests for information about the Website or Service, including information about your API Key, your account or registration (including changes to your account information), or terminating your access and use of the Service should be directed to support@recaptcha.net. All other notices and requests permitted or required under these Terms and Communications should be directed to legal@recaptcha.net. reCAPTCHA may provide notice to you (i) along with its other uses of the Website and Service, by posting a notice on the Website or (ii) by email, to the email address shown in your account.

Governing Law and Venue. These Terms and Conditions, its subject matter (including access and use of the Website and Service, including your API Key) and reCAPTCHA's and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. reCAPTCHA and you both submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Allegheny in the Commonwealth of Pennsylvania, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to its reasonable costs and attorneys' fees.

Miscellaneous. These Terms and Conditions constitute the entire agreement between reCAPTCHA and you concerning the subject matter hereof. These Terms and Conditions may be amended, updated or changed by reCAPTCHA as specified in these Terms and Conditions. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by reCAPTCHA or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. reCAPTCHA may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of reCAPTCHA and you, and reCAPTCHA's and your respective successors and permitted assigns.