AgeVerify – Terms of Service

effective date February, 6th 2013 (last updated November 27th, 2018)

Acceptable Use

By using AgeVerify, a product of Imbibe Digital, LLC you signify that you have read, understand and agree to be bound by these Terms and Conditions. Imbibe Digital, LLC reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the site or by sending you notice through the service or via email. Imbibe Digital, LLC may also impose limits on certain features and services or restrict your access to parts or all of the service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

WE DO NOT PROVIDE ANY GUARANTEE OR WARRANTY OF AGE OR DATE OF BIRTH VALIDATION FOR USERS (aka PEOPLE, VISITORS, etc) TO YOUR WEBSITE. WE DO NOT VALIDATE A USERS DATA OR AGE AGAINST ANY THIRD PARTY DATABASE SUCH AS DRIVERS LICENSE OR SOCIAL SECURITY. OUR PRODUCT ALLOWS YOU (the website owner) TO POST NOTICE, AND EDUCATE YOUR WEBSITE VISITORS AS TO THE AGE REQUIREMENTS YOU SPECIFY TO ACCESS AND BROWSE YOUR WEBSITE CONTENT.

WE DO NOT PROVIDE ANY GUARANTEE THAT OUR PRODUCT IS COMPLIANT WITH ANY CITY, COUNTY, STATE, OR COUNTRY (or other governing body) AGE VALIDATION LAWS. IT IS REQUIRED THAT EACH WEBSITE OWNER THAT USES OUR PRODUCT VERIFY THEIR LOCAL LAWS AND REQUIREMENTS FOR WEBSITE AGE VERIFICATION.

Registration and Eligibility

You may browse the site, view and use the free version of our content and service without registering. You are solely responsible and liable for activity that occurs on your website. You will immediately notify Imbibe Digital, LLC in writing of any unauthorized use of your website, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the service. Imbibe Digital, LLC is concerned about the safety and privacy of all its users, especially children. Therefore, children under the age of 18 are not permitted to use our services. Imbibe Digital, LLC may, in its sole discretion, refuse to offer the service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the service is revoked where these Terms of Use or use of the service is prohibited and, in such circumstances, you agree not to use or access the site or services in any way.

GDPR (General Data Protection Regulation)

  • We do not share, sell or distribute any collected data from the purchasers of our Pro and Custom tiers of service with any third parties or services.
  • Websites using our Basic (Free) tier and Pro of service will have standard Google Analytics anonymized data collected (domain names, usage rates, referring URL’s) along with general (non-individual identifying) data (browser version, operating system, geographic location).
  • The data collected among our Basic, Pro and Custom tiers of service will be used to enhance and develop our products. Data collected from our Basic (free) tier of service will be used for targeted marketing.
  • Any data collected will be stored indefinitely.
  • If you have any additional questions regarding our data collection, privacy policies, terms of service, or GDPR please contact us directly at hello@ageverify.co

Registration and Eligibility for AgeVerify Pro and Custom Services

You may use the Pro or Custom version of our content and service once payment for access to the ‘Pro’ service self-installation documentation has been completed in full. You are solely responsible and liable for activity that occurs on your website. You will immediately notify Imbibe Digital, LLC in writing of any unauthorized use of your website, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the service.

AgeVerify Pro Service Agreement

You, the payee, are not purchasing or owning any software as a result of this transaction. You are providing payment for access to a service that Imbibe Digital, LLC owns entirely and hosts on our web servers. In exchange for payment we are providing you access to our ‘Pro’ self-installation documentation for installation of our service on a SINGLE PUBLIC DOMAIN NAME.

Refunds and Service Cancellation

Once payment has been provided to Imbibe Digital, LLC for access to the AgeVerify Pro self-installation documentation for use on a single website, no refunds will be processed or made available. We encourage each payee of the service to conduct a self test using our free services before opting for access to the paid AgeVerify Pro documentation.

AgeVerify Pro – Instance License

Upon payment to Imbibe Digital, LLC for access to our ‘Pro’ self-installation documentation, you may as a result install our service on a single public internet domain (website). To install our service across multiple domains (websites) a correlated purchase must be made for each domain or subdomain the service is installed against.

Warranty and Guarantee

Imbibe Digital, LLC tests our AgeVerify product against all standard web browsers, devices and operating systems. However, there are a near infinite number of variables that our testing can not account for. Because of this, we offer no guarantee or warranty as to the functionality of the service for any specific browser, operating system or device.

WE DO NOT PROVIDE ANY GUARANTEE OR WARRANTY OF AGE OR DATE OF BIRTH VALIDATION FOR USERS (aka PEOPLE, VISITORS, etc) TO YOUR WEBSITE. WE DO NOT VALIDATE A USERS DATA OR AGE AGAINST ANY THIRD PARTY DATABASE SUCH AS DRIVERS LICENSE OR SOCIAL SECURITY. OUR PRODUCT ALLOWS YOU (the website owner) TO POST NOTICE, AND EDUCATE YOUR WEBSITE VISITORS AS TO THE AGE REQUIREMENTS YOU SPECIFY TO ACCESS AND BROWSE YOUR WEBSITE CONTENT.

WE DO NOT PROVIDE ANY GUARANTEE THAT OUR PRODUCT IS COMPLIANT WITH ANY CITY, COUNTY, STATE, OR COUNTRY (or other governing body) AGE VALIDATION LAWS. IT IS REQUIRED THAT EACH WEBSITE OWNER THAT USES OUR PRODUCT VERIFY THEIR LOCAL LAWS AND REQUIREMENTS FOR WEBSITE AGE VERIFICATION.

Service Availability

Since the inception of AgeVerify, Imbibe Digital, LLC is proud to boast a service availability metric of over 99.9%. Our service is also designed so that should we experience an outage to our servers or hosting environment, users of our service are not negatively impacted and as a result (“fail gracefully”). However, there is no guaranteed uptime or availability of the service.

Content and Service Ownership

Our service allows you to prompt your website visitors to with an age checker. Imbibe Digital, LLC reserves the right to ban any individual or website domain from using our services for any reason. When you use our service you agree to not use the service to upload, post, email, transmit or otherwise make available:

  • Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers).
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.

You also agree that you will not do any of the following in connection with the Service or other users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the service.
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service.
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

Release And Indemnity

Imbibe Digital, LLC cannot be held liable for any damages. You, and not Imbibe Digital, LLC are entirely responsible for all content that resides on your web servers along with the general health and performance of your existing website and web servers. Imbibe Digital, LLC shall not be liable for any statements or conduct of any third party using the service. Imbibe Digital, LLC will not be liable for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the use of it’s services. You agree to indemnify and hold Imbibe Digital, LLC its officers, employees, affiliates, contractors, and suppliers, exempt from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the age-verify.com service.

Trademarks

Imbibe Digital, LLC has put a lot of effort into creating the service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by Imbibe Digital, LLC or our licensors and it is protected by U.S. and international copyright laws. Imbibe Digital, LLC grants you the right to use it. However, unless we expressly state otherwise, your rights do not include:

  • modifying or otherwise making any derivative uses of the Service or any portion thereof
  • using any data mining,”scraping”and/or unauthorized crawling of AgeVerify or Imbibe Digital by any means
  • downloading (other than page caching) of any portion of the Service (including images, data from images and/or users) or any information contained therein
  • reverse engineering or accessing the Service in order to build a competitive product or service
  • using the Service other than for its intended purposes

Choice of Law and Forum

The Terms of Service and the relationship between you and Imbibe Digital, LLC shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. Except to the extent otherwise determined by Imibibe Digital, LLC any action or proceeding arising from or relating to this Agreement must be brought in a federal court of Washington state, and each party irrevocably submits to the jurisdiction and venue of any such courts and waive any objection as to inconvenient forum in any such action or proceeding. You further agree that you and imbibe Digital, LLC will not commence against the other a class action, class arbitration or other representative action or proceeding.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IMBIBE DIGITAL, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IMBIBE DIGITAL, LLC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID IMBIBE DIGITAL, LLC, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT IMBIBE DIGITAL, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.