Terms and Conditions
DESCRIPTION OF SERVICE:
The Open Data People, Inc. is a California corporation, hereafter referred
to as CRIME TIME. PhoneValidator.com is a service of The Open Data People, Inc.
that provides information on the validity of phone numbers, subject to the
terms and conditions below. CUSTOMER warrants that it is the end-user of the data
provided by CRIME TIME and will abide by the terms and conditions set forth herein.
The term "CUSTOMER" shall include both free unregistered users and batch/API
customers for the purposes of this agreement.
RESTRICTED LICENSE:
CUSTOMER warrants that it is the end-user of the data.
RELIABILITY OF DATA:
CRIME TIME makes no warranty, expressed or implied, as to the reliability or
accuracy of either its service or data provided. Computerized data provided by CRIME
TIME may contain errors, inaccuracies, incompleteness, false “no record”
results and omissions. CUSTOMER acknowledges that online data will be used for informational
purposes only and shall not be relied on without verification from originating telephone
companies. CUSTOMER acknowledges that all data received from CRIME TIME is in “AS
IS” condition and shall be used at the sole risk of the CUSTOMER. CUSTOMER
agrees and acknowledges that it shall have no legal or financial recourse against
CRIME TIME, its officers, directors, employees or data-providers for defective,
missing, incomplete or otherwise inaccurate data. Outages may occur in PHONEVALIDATOR.COM
from time to time for a variety of reasons including but not limited to system maintenance,
system crashes, and power outages. CUSTOMER acknowledges that such service outages
may occur and agrees that it shall have no legal or financial recourse against CRIME
TIME, its officers, directors, data-providers or web hosting firm as a result. Neither
CRIME TIME, its officers, directors, and employees nor any third party data provider
to CRIME TIME shall be liable to CUSTOMER for any loss or claim arising from customer’s
use of CRIME TIME. If not withstanding the foregoing, if liability can still be
assigned to CRIME TIME, its officers, directors, employees or third-party data providers
by an appropriate court of law, or other governing body, then CRIME TIME’s
(and related parties) maximum liability shall never exceed $25.00 regardless of
nature, size or scope of claim. Further, CUSTOMER agrees to not seek punitive damages
against CRIME TIME, its officers, directors, employees and third-party data providers
under any circumstances. Not withstanding the foregoing, if punitive damages can
still be assigned to CRIME TIME, its officers, directors, employees or third-party
data providers by an appropriate court of law, or other governing body, then CRIME
TIME’s (and related parties) maximum punitive damages shall never exceed $25.00
regardless of nature, size or scope of claim. CUSTOMER agrees and accepts that CRIME
TIME nor its officers, directors, employees or third-party data providers shall
not be held liable to CUSTOMER or any third-parties for any direct, incidental,
or indirect claims or damages arising out of customer’s use of service.
INDEMNIFICATION & HOLD HARMLESS:
CUSTOMER hereby agrees to hold harmless and indemnify CRIME TIME, its officers,
directors, employees and all third-party data providers to CRIME TIME from and against
any and all direct and indirect claims, costs, losses, demands, proposed litigation
and actual litigation arising out of customer’s use of CRIME TIME as well
as by any third parties associated with the CUSTOMER including but not limited to
customer’s clients, employees, and subjects of investigation. Further, CUSTOMER
agrees to pay all attorney fees incurred by CRIME TIME, its officers, directors,
employees and third-party data providers in defense of any claims brought by the
CUSTOMER as well as any third parties associated with the CUSTOMER including but
not limited to the customer’s clients, employees, and subjects investigation,
regardless of whether or not CRIME TIME’S data was defective and contributed
to such misidentification.
GOVERNING LAW:
This agreement shall be governed in accordance with the laws of the State of
California. Any litigation between CUSTOMER and CRIME TIME shall be heard in the
court systems of Los Angeles County, California or, if federal in nature, in the
United States District Court in Los Angeles. Nothing in this Service Agreement,
Application or website shall be construed as legal advice from CRIME TIME. CUSTOMER
is solely responsible for compliance with all applicable state and federal laws.
FAIR CREDIT REPORTING ACT:
CRIME TIME is not a consumer reporting agency as defined by the FCRA. Results
obtained from this website shall not be used for any decision regarding any FCRA
regulated purpose including employment, housing, insurance or credit.
TELEPHONE CONSUMER PROTECTION ACT:
CRIME TIME assumes no legal liability for any phone records mistakenly identified
as the wrong linetype including under the Telephone Consumer Protection Act and
similar Federal and similar State consumer protection laws. We make NO WARRANTY
that numbers processed are Do Not Call list compliant -- they are not. CRIME TIME
makes no legal representations or offers no legal advice as to what may or may not
constitute lawful use of processed telephone numbers.
PRIVACY OF CUSTOMER DATA:
All account information provided by CUSTOMER to CRIME TIME shall be treated
as confidential. CRIME TIME discloses that customer’s IP address or other
identifying information, such as Internet provider name, will be logged and stored
as record of customer’s use of service and to identify abuse and fraud.
AUTOMATED SEARCHING:
Automatic scraping or harvesting of data at this site is not permitted. Please
note we do not allow this service or data to be re-purposed. If you require this
type of processing, we recommend you investigate our batch processing options. We
reserve the right to refuse service to any user at any time at our sole discretion.
END TERMS AND CONDITIONS.