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Privacy Policy

BERIFY.COM

TERMS OF SERVICE

BERIFY, LLC (“BERIFY”, “our” or “we”) is making its BERIFY Website available to you subject to these evolving Terms of Service (“ToS”). The ToS govern your access to and use of BERIFY’s services available via our BERIFY Website (“BERIFY Website”), whether you access the BERIFY Website via the Internet or through a mobile application (both the Internet and mobile application are each referred to as a “Site” and collectively as “Sites”). The BERIFY Website includes BERIFY’s related websites, applications, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any other related services that can be accessed via our BERIFY Website or that link to these ToS (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the BERIFY Website and Services you agree to be bound by these ToS. Since these ToS are evolving, expect frequent changes to them, and with such changes, your use, rights and privacy expectations may also change.

  1. Who May Use the Services

    If the law in your jurisdiction allows you to enter into agreements with third parties, you agree to these ToS, and you are a member of BERIFY in good standing, then you can use the BERIFY Website and Services. However, if (a) your mind is legally incapacitated (mental disability, intoxication, under the age of 18, etc.) for any reason, or (b) you are no longer or not yet a member in good standing of BERIFY, then you are not allowed to use the BERIFY Website and Services. For those who are accepting these ToS and using the BERIFY Website and Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

  2. Privacy

    Our Privacy Policy describes how we collect, process, store and share the information you provide to us when you use our BERIFY Website and Services. You understand that through your use of the Services, you are consenting to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, United Kingdom, and/or other countries for storage, processing and use by BERIFY, its franchisees and members, and its affiliates.

  3. Content on the Services

    You are responsible for your use of the BERIFY Website and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. Don’t hit the submit/send button, unless you are prepared to be held accountable for your Content. For a better understanding of BERIFY’s Acceptable Use Policy for its user’s conduct and Content, please see Section 8A of these ToS below.

    Like with any content published via the Internet, you must consider the source of the Content or materials before using or relying upon it. Your use of the Content and BERIFY Website are at your own risk. BERIFY is an internet service provider, and BERIFY is not responsible for the Content of its users. As an internet service provider, BERIFY may not monitor or control the Content posted via the BERIFY App. This means that BERIFY does not endorse, support, represent, verify or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the BERIFY Website and Services, or endorse any opinions expressed via the BERIFY Website and Services. This means that you may read or view Content that is offensive, false, misleading, deceptive, or otherwise inappropriate, or in some cases, postings that have been mislabeled. All Content is the sole responsibility of the user who authored or published such Content, which is you when you author and publish content via the BERIFY Website and Services.

    BERIFY is an intellectual property owner and understands the costs and expenses is developing and maintaining intellectual property. BERIFY also respects the intellectual property rights of others and expects its users of the BERIFY Website and Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as summarized for you in our Digital Millennium Copyright Act (“DMCA”) Copyright Infringement Report and Counter Notice forms.. Here you will find BERIFY’s instructions for reporting copyright infringement to it, and responding to infringement allegations against you by others. We will respond to notices of alleged trademark and other intellectual property infringement that comply with applicable law and are properly provided to us, as described in our Trademark Infringement Report and Counter Notice forms. Here you will find BERIFY’s instructions for reporting trademark infringement to it, and responding to infringement allegations against you by others.

  4. Your Rights

    You are to be responsible for what you submit or post via the BERIFY Website and Services. This may be your opinions, photos, videos, logos and any other thing that you can submit or post via the BERIFY Website and Services.

    Please note that when you submit or post Content via the BERIFY Website and Services, you are granting to BERIFY a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use it for BERIFY’s business interests. You acknowledge that any of this submitted Content, as well as any other existing Content, can be used to create relationship/networking information related to BERIFY Members (“Relationship Data”). You acknowledge and agree that Relationship Data is owned exclusively by BERIFY, and you, nor anyone else, can use this Relationship Data without the express written consent from BERIFY. The purpose of this acknowledgement of BERIFY’s ownership of the Relationship Data is in part to prevent others from creating competing network groups or the like from the Content that BERIFY has spent significant money, time and allocation of resources in collecting and sorting for its business interests.

    Accordingly, BERIFY owns the member relationship and the Relationship Data. Similarly, if you are a BERIFY Franchisee, you acknowledge that we may share your performance data with other franchisees and that Relationship Data may similarly be shared.

  5. Using the Services

    Please review BERIFY’s Acceptable Use Policy for its user’s conduct and Content (see Section 8A of these ToS below) which are part of this ToS and outline what is prohibited conduct via the BERIFY Website and Services. You may use the Services only in compliance with these ToS and all applicable laws, rules and regulations.

    BERIFY’s Services are constantly evolving and our Services are likely to change from time to time, at our discretion and in accordance to our terms. BERIFY has the right and may stop (permanently or temporarily) providing Services or any features within the Services to you or to any user. BERIFY also retain the right to create limits on your use and storage at our sole discretion at any time. BERIFY may also remove or refuse to distribute any Content via the BERIFY Website and Services, suspend or terminate users, and reclaim usernames without liability to you.

    You acknowledge and agree that in consideration for BERIFY granting you access to and use of the BERIFY Website and Services, you agree that BERIFY and its third-party providers and partners may place advertising to you via the BERIFY Website and Services, or in connection with the display of Content (including your submitted or posted Content) or information from the Services whether submitted by you or others. You also agree not to misuse our BERIFY Website or Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the BERIFY Website or Services as outlined in BERIFY’s Acceptable Use Policy for its user’s conduct and Content (see Section 8A of these ToS below).

    BERIFY also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the ToS, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of BERIFY, its users and the public. BERIFY does not disclose personal identifying information to third parties except in accordance with its Privacy Policy. You are not allowed to develop the BERIFY Website and Services except as authorized in the ToS.

  6. Your Account

    You need to join BERIFY and create a BERIFY online account to use our online Services on the BERIFY App. You are responsible for safeguarding your BERIFY account, so use a strong password and limit its use to this account. BERIFY cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

  7. Orders Placed Through The Berify Website

    All orders placed through the Berify Website are subject to Berify’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order and, if your order is accepted, confirming our acceptance of your order. Berify may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. Berify does not accept mail in orders, or payment via checks. Berify only accepts credit card and PayPal® as forms of payment, and only accepts them via their Website’s online purchases. If your payment card or payment method has already been charged for an order that is later cancelled by Berify, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department at (844) 422-8347.
While we want everyone to be able to enjoy our Membership Plans, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following:

    1. Orders that cannot be processed as a result of incorrect or invalid billing or payment information. Be sure to doublecheck your information when placing an order. We cannot process orders for several reasons including, but not limited to:
      1. Incorrect credit or debit card information such as card number, expiration date and card security value;
      2. Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
    2. Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history; and
    3. Orders connected to previous credit card disputes.

    If your order has been processed and shipped, you may obtain a refund on the Membership Plan you ordered pursuant to the terms of our Refund Policy, which is summarized below.

  8. Membership Plan Offers And Modifications

    Berify offers several Membership Plans for its Services. For the current terms and conditions of each of these Membership Plans, please click here https://berify.com/sign-up/.

  9. Cancellation Policy

    You may cancel any Membership Plan at any time by calling our customer support line at (844) 422-8347 and speaking with one of our customer service representatives. Our customer support centers are open twenty-four hours a day, seven days a week. Any cancellation request will result in the cancellation of any upcoming invoices and/or bills associated with your Membership Plan. However, upon cancellation of your Membership Plan, you will still be responsible for paying the costs associated with any invoices or bills already issued to you and/or received by you. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the ToS shall terminate, including, without limitation, your license to use the Services, except that the following Sections shall continue to apply: 1, 2, 3 and 9-16.

  10. Refund Policy

    If at any time you are not satisfied with your Membership Plan for any reason, you may call our customer service department toll-free at (844) 422-8347 and request a refund. All requests for refunds will be handled by customer service on a case by case basis, with the goal of customer satisfaction. More stipulations to our refund policy are as follows:

    • Customers are restricted to receiving a single refund per Membership Plan. Repetitive refunds are not permitted unless the Membership Plan, as provided to you, is defective. The Company reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in the Company’s judgment, requests refunds in bad faith.
    • In order to process your refund, you must supply the Company with your name and mailing and/or billing address. If you provide us with insufficient or incorrect information, your refund will be delayed.
    • Depending on the bank that issues the credit or debit card you used, your refund can take up to thirty (30) days to appear on your credit or debit card statement. If you have any questions about whether a refund has been issued by Berify, please call our customer service department toll-free at (844) 422-8347.
  11. Taxes

    All orders are subject to applicable taxes in the states where the member resides.

  12. Discounts And Promotions

    Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.

  13. Billing Errors

    If you believe that you have been erroneously billed, please notify our customer service department toll-free at (844) 422-8347 immediately to notify us of such error.

  14. Reversals And Chargebacks

    We consider charge backs and reversals as potential cases of fraudulent use of our services and/or theft of services and will be treated as such. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a customer if there is fraudulent use and or theft of services.

  15. General Payment Information

    All fees are payable in United States currency. Berify offers several methods of payment for you to purchase Membership Plans, including debit cards and credit cards. Berify reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to purchase Membership Plans from the Website. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card might have been used in a fraudulent manner to purchase a Membership Plan, please contact our customer service department at (844) 422-8347
By ordering a Membership Plan through the Website, you authorize Berify to charge your debit or credit card accordingly. Please be aware that the descriptor (or subject line) that appears on your debit or credit card entry will refer to STRIPE, PAYPAL. If you have any questions about the descriptor on your credit card statement, you should call our customer service department toll-free at (844) 422-8347.
Upon prior email notice to you, Berify may change its pricing and/or billing practices. If you do not agree with these changes, you may cancel your Membership Plan, but you will remain responsible for payment of any and all fees that you have already incurred. Continued enrollment of the Membership Plan after receipt of such email notice constitutes consent to any and all such changes. If you fail to make any scheduled payment for a Membership Plan, Berify may, in its sole discretion, terminate your membership in the Membership Plan.

  16. All Other Terms

    The following additional terms also apply to your use of the BERIFY App.

  1. BERIFY’s Acceptable Use Policy

    Users of the Services will operate in a lawful, ethical and professional manner. Users shall conduct themselves in a fair, responsible and businesslike manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices. You are solely responsible for any comments or posts you leave on our Sites, Blogs or the BERIFY Website. BERIFY does not control content posted and does not guarantee the accuracy, integrity or quality of the content. In using the Website or the Services you may be exposed to content that you may find offensive, indecent or objectionable. Under no circumstances will BERIFY be liable in any way for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available via the Website or the Services.

    Examples of unethical or unlawful activities include, but are not limited to the following:

    • False, misleading or disparaging statements of any kind including but not limited to about BERIFY or its affiliated entities or any person or entity using the Website or the Services;
    • Any unauthorized use of the name, logo, trademark or copyrighted material of BERIFY, its affiliated entities or any other person or entity;
    • Violation of any federal, state or local laws or regulations;

    “Spamming” is the abuse of electronic messaging systems to indiscriminately send unsolicited bulk messages. While the most widely recognized form of spam is e-mail spam, the term is applied to similar abuse in other media, such as but not limited to, instant messaging, Usenet newsgroups, web search engines, spam in blogs, wiki spam, mobile phone messaging spam, Internet forum spam, and junk fax transmissions. Spamming is strictly prohibited by BERIFY and will result in the immediate termination of your account. Spamming may also be illegal under applicable laws and may subject you to civil or criminal penalties.

    Your use of software made available by the BERIFY Website is subject to any license agreement or user agreement that accompanies or is included with the software, the download and upload processes and documents that accompany the software (“License Terms”). In the event that software is provided on or through the Website and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may not be modified or altered in any way; and (b) the software may not be redistributed.

    You agree NOT to use the BERIFY Website or the Services to:

    • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that harm minors in any way;
    • impersonate any person or entity, including, but not limited to, a BERIFY representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website or the Services;
    • upload, post, email, transmit or otherwise make available any content that you do not have a legal right to make available;
    • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation or promotion;
    • upload, post, email, transmit or otherwise make available any material that contains malicious software;
    • interfere with or disrupt the Website or Services or servers or networks connected to the Website or the Services;
    • violate any applicable laws or any regulations having the force of law; or
    • "stalk" or otherwise harass another person.

    BERIFY has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates the ToS or is otherwise objectionable.

    You bear all risks associated with the use of any content on the BERIFY Website or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such content.

    You acknowledge that BERIFY may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions of this ToS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BERIFY, its users and the public.

    The Services and software embodied within the Service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by BERIFY and/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.

  2. Third Party Beneficiaries

    These ToS is an agreement between you and BERIFY, LLC, Los Angeles, California U.S.A. If you have any questions about these ToS, please contact us at legal@Berify.com. You agree that these ToS is not an agreement between you and Apple®, Google® or any other third party. BERIFY grants you the right to use the BERIFY Website on either an iOS or Android product that you own or control, and as permitted by such product’s applicable usage rules. In the event of any failure of the BERIFY Website to conform to any applicable warranty, you may notify Apple®, Google® or other applicable third party to request a refund of your purchase price, if applicable, for the BERIFY App; and to the maximum extent permitted by applicable law. BERIFY shall provide maintenance and support services to the BERIFY App. If you have any intellectual property or other claim in association with the BERIFY App, please see BERIFY at legal@Berify.com.

    Apple®, Google® or other applicable third party, and their subsidiaries are third party beneficiaries of this ToS and Privacy Policy, and, upon your acceptance, these third party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce these ToS against you.

  3. No Automated Querying

    You may not send automated queries of any sort to the BERIFY Website or its systems without express permission in advance from BERIFY.

  4. Representations and Warranties

    For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to BERIFY and grant the licenses set forth above; (ii) BERIFY will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe on any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this ToS and all applicable laws.

  5. NOT ENGAGED IN LEGAL OR OTHER PROFESSIONAL SERVICES

    Berify is an Internet service provider that services are designed to provide simple reverse image searches to allow you to monitor and even get credit for your images. The materials and information provided at Berify.com are not intended to replace the advice of an attorney or other professionals. Moreover, depending on the jurisdiction, there may be different interpretations of the laws that are applicable to your specific situation. Berify recommends that you should seek the advice of counsel or other appropriate professionals for advice in using the information obtained from Berify search results.

  6. Intellectual Property

    All content included on the BERIFY Website and in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of BERIFY or its content suppliers and is protected by international copyright laws. All software used on the Website is the property of BERIFY or its software suppliers and is protected by international copyright laws. All of the trademarks, service marks, logos, brand and trade names appearing on the Website are the proprietary intellectual property of the owners of such marks, logos or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. BERIFY retains full ownership rights with respect to the Website and the Services including but not limited to design, functionality, and documentation. You may not copy, edit, or reproduce any part of the Website or the Services

  7. Copyright

    The DMCA provides protections to BERIFY relating to material posted online at the discretion of users of our Sites. If you are a copyright owner and believe that any content on our Website infringes your copyrights, you may inform us by completing our Copyright Infringement Report form and mailing it to:

    BERIFY LLC
    Street Address
    Los Angeles, CA ZIP CODE

    • a specific description of the alleged infringement and the copyrighted work that you believe has been violated;
    • the exact location of the infringing material on the Site;
    • your contact information; and
    • a statement by a person authorized to take action on behalf of the owner of the copyright certifying that the information provided is true and correct.
  8. Indemnity and Defense

    You will defend, indemnify and hold harmless BERIFY and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) that arise out of or relate to: (i) your use of the Website or the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this ToS; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.

  9. Limitation of Liability

    BERIFY will not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damage or loss arising out of or in connection with this ToS, the Site, the Services, inability to use the Website or the Services, or resulting from any goods or services obtained or messages received or transactions entered into through the Website or the Services.

  10. Disclaimer of Warranties

    The BERIFY Website and the Services are provided on an “as is” and “as available” basis. BERIFY makes no representations or warranties of any kind, express or implied, concerning the Site, the Services or the content thereof. To the fullest extent permissible under applicable law BERIFY disclaims any and all such warranties including without limitation:

    • Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
    • That the Website or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
    • That the information, content and materials included on the Website will be as represented;
    • Any implied warranty arising from course of dealing or usage of trade; and
    • • Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of BERIFY.
  11. Third Party websites

    The BERIFY Website may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such Websites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Website or party by us, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.

  12. Electronic Delivery of Notices

    By using the BERIFY Website or the Services you consent to electronically receive from BERIFY any communications including notices, agreements, legally required disclosures or other information in connection with the Services. BERIFY may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Website and the Services.

  13. Venue and Applicable Law

    The BERIFY Website is created, operated and controlled by BERIFY in the State of California, United States of America. The laws of the State of California govern this ToS without giving effect to principles of conflicts of laws. Any action arising under this ToS shall be brought only in courts located in Los Angeles County, California, which shall have exclusive jurisdiction and you consent to the exclusive jurisdiction of such courts.

  14. Severability

    In the event that any provision of this ToS is held to be invalid or unenforceable the remaining provisions of this ToS will remain in full force and effect.

  15. Waiver

    BERIFY will not be considered to have waived any of rights or remedies described in this ToS unless the waiver is in writing and signed by BERIFY. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this ToS will not constitute a waiver of BERIFY’s right to subsequently enforce such provision or any other provisions of this ToS.

  16. Relationship of Parties

    BERIFY is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in this ToS is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this ToS. This ToS is intended for the sole and exclusive benefit of BERIFY and you.

  17. No Resale Right

    You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purpose any portion of this Site, or use of or access to this Website provided through this Site, beyond the limited rights granted to you in these Terms.

  18. Force Majeure

    In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

  19. Third Party Beneficiaries

    These ToS are an agreement between you and BERIFY, LLC, ADDRESS, Los Angeles, CA ZIP CODE U.S.A. If you have any questions about these ToS, please contact us at legal@Berify.com.

    Effective: July 28, 2017

    ©2017 BERIFY, LLC. All rights reserved.