Terms and Conditions

These terms and conditions of use (“Terms of Use”) govern your use of our website and related services (collectively, the “Site” or the “Services” ) which are owned and controlled by Visitor Capture LLC dba VisitorCapture.com. Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies.

  1. Scope of these Terms of Use

VisitorCapture.com provides Services to owners of third party websites (“Third Party Sites”) that identifies email addresses and other contact information of anonymous visitors to the Third Party Sites. These Terms of Use govern general visitors to our Site, as well as Third Party Site owners (“Site Owners”) that purchase or otherwise use our Services. “You” refers to both general visitors to our Site and to Site Owners.

    1. Ownership of the Site

    All pages within this Site (including the Services) and any material made available for download are the property of VisitorCapture.com, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by VisitorCapture.com. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of VisitorCapture.com without our express written consent.

    1. Permitted UsesEach Site Owner may use the VisitorCapture.com Services to obtain email addresses of unidentified visitors to the Owners’ sites. Site Owner shall use the Services in compliance with all applicable laws and Data & Marketing Association (DMA) guidelines and shall not use or permit the Services to be used (i) in violation of any applicable laws, statutes, rules or regulations including, but not limited to, all applicable privacy, “do not call”, “do not mail”, and similar do not solicit federal, state, county and local regulations; (ii) for the propagation of worms or viruses, or (iii) to violate the rights of others (including without limitation privacy rights).  VisitorCapture.com reserves the right to suspend the Services (or a portion thereof) without notice in the event the Site Owner’s use of the Services is in violation of this section, and to terminate this Agreement for repeated violations of this Section.Site Owner may place code (a “Pixel Tag”) on Site Owner’s Third Party Site that is used to gather relevant information about the visitor to the site (each a “Visitor”) to assist Site Owner in reaching its customers and intended audiences. VisitorCapture.com hereby grants to Site Owner a nontransferable, non-exclusive license to the data received from the use of the VisitorCapture.com Services (“Licensed Data”).  Site Owner shall use the Licensed Data for marketing and management purposes only and shall not transfer possession, right or title of or to such data to any third parties for any other purpose whatsoever.Site Owner shall maintain on its Site(s), mobile applications or other digital platforms or assets of Site Owner, a privacy policy which, along with complying with all applicable laws, specifically informs Visitors of the placement of Pixel Tags, the data collected and obtained through the Pixel Tag, and informs Visitors of the intended use of the data collected and obtained therefrom.  Additionally, in jurisdictions that require informed consent for the storing and accessing of cookies or other information on an end user’s device (such as but not limited to the European Union), you must ensure, in a verifiable manner, that an end user provides the necessary consent before you use Pixel Tags to enable us to store and access cookies or other information on the end user’s device. Site Owner shall provide Visitors a link to Site Owner’s privacy policy and the opportunity for Visitors to “opt out” or disable Pixel Tags.   Site Owner shall only post Pixel Tags on Sites owned by Site Owner and, in any event, shall not deploy Pixel Tags on any website primarily engaged in pornography, gambling, or sale of tobacco products.Site Owner represents and warrants that it has in place and shall undertake the following in connection with this Agreement:
      1. Notice and Choice. Site Owner shall obtain any permissions required to employ the Pixel Tags, and shall post and maintain a robust and sufficiently prominent privacy policy that is consistent with its use of the Pixel Tags, complies with applicable law, and prominently discloses at a minimum (a) the Site Owner’s use of the Pixel Tags, including with respect to the collection, use and disclosure of non-personally identifiable information and personally identifiable information, data from cookies, and similar practices; (b) use of the Pixel Tags and cookie data for purposes of obtaining the email address and potentially other demographic and personal information about the Visitor, the Visitor’s ability to choose to opt out of information being collected by the Pixel Tags.
      2. Mandatory Site Owner Privacy Policy Language. In particular, in addition to and without limiting Site Owner’s obligation to post a privacy policy on its site in compliance with all applicable laws, Site Owner shall place into its privacy policy the following (or alternative, equally protective) language on all websites deploying the Pixel Tags:
        Third Party Pixels and Cookies When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://visitorcapture.com/opt-out
  2. Prohibited Uses
  • VisitorCapture.com or any related Services may not be used to send Emails in violation of the laws of the United States of America, including but not limited to those described below.
    • VisitorCapture.com or any related Services may not be used to send commercial email messages, as that term is defined by 15 U.S. Code § 7702, which would reasonably be prohibited by 15 U.S. Code § 7704. (Elements of the “CAN SPAM” Act.) This includes Emails directed to persons who have elected to opt out of the receipt of such Emails, even if in the past they were eligible to receive such Emails.
    • VisitorCapture.com or any related Services may not be used to send Emails to persons not reasonably believed to be at least eighteen (18) years of age.
    • VisitorCapture.com or any related Services may not be used to send Emails containing pornography, erotica, or similar adult-oriented materials.
  1. Requirements of Use
  • If you send Email to contacts acquired via VisitorCapture.com, such Email must contain information regarding and a link to an unsubscribe option whereby the recipient can indicate that they no longer wish to receive such Emails (“Opt Out Request.) You must have a reliable procedure in place to process and implement Opt Out Requests promptly.
    • You must comply with all applicable law and regulation, including the CAN-SPAM Act (15 U.S.C. § 7701 et seq,) COPPA (15 U.S.C. § 6501 et seq,) and all other applicable Federal and State laws.
  1. Personal Information

You are responsible for all personal information (information about an individual) which you use to create or transmit the Emails, including any you provide to us to allow their creation and/or transmission. By using the Services you represent and warrant that your collection, retention and use of such personal information is in compliance with all applicable law and regulation.

We will not retain any personal information after the Emails have been transmitted, except as necessary and/or legally required to document our own compliance with the Terms of Use and/or any applicable law and regulation. If you provide personal information to us in violation of any agreement or applicable law or regulation, you agree to indemnify and hold us harmless from any claim related to such personal information, including but not limited to the costs of responding to such claim and/or the costs of suit, fine or other sanction.

  1. Emails, Content, Reviews, Feedback and other Postings to the Site

If you submit, upload, post or send any Emails, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Content”), you agree not to provide any User Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to VisitorCapture.com that you have the legal right and authorization to provide all User Content to VisitorCapture.com for the purposes and VisitorCapture.com’s use as set forth herein. VisitorCapture.com shall have a royalty-free, irrevocable, transferable right and license to use the User Content in whatever manner VisitorCapture.com desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world. VisitorCapture.com is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to you any compensation for any User Content; or (3) to respond to any User Content.

VisitorCapture.com does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Site. You grant VisitorCapture.com the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You are and shall remain solely responsible for the content of any User Content you make. VisitorCapture.com and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.

You agree to defend, indemnify and hold VisitorCapture.com harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by VisitorCapture.com arising out of any User Content you post or allow to be posted to the Site.

  1. Electronic Communications

You agree to receive electronically all communications, documents, notices and disclosures (collectively, “Communications”) that VisitorCapture.com provides (by email, posting on VisitorCapture.com or otherwise) in connection with the Site and Services. It is your responsibility to keep your primary email address up to date so that VisitorCapture.com can communicate with me electronically, and to periodically check the VisitorCapture.com website for updates and notifications. You agree that agreements between you and VisitorCapture.com can be entered into electronically and signed electronically in accordance with applicable laws.

  1. Site Access, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. VisitorCapture.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by VisitorCapture.com. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by VisitorCapture.com at any time with or without cause. You agree to defend, indemnify and hold VisitorCapture.com harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by VisitorCapture.com arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

  1. Accuracy and Integrity of Information

Although VisitorCapture.com attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform VisitorCapture.com so that it can be corrected. VisitorCapture.com reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, VisitorCapture.com shall have no responsibility or liability for information or Content posted to the Site from any non-VisitorCapture.com affiliated third party.

  1. Links to Other Sites

VisitorCapture.com makes no representations whatsoever about Third Party Sites or any website that you may access through this Site. When you access a non-VisitorCapture.com website, please understand that it is independent from VisitorCapture.com, and that VisitorCapture.com has no control over the content on that website. In addition, a link to a non-VisitorCapture.com website does not mean that VisitorCapture.com endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.

  1. Disclaimer of Warranties

VISITORCAPTURE.COM DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE (INCLUDING THE SERVICES) WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. VISITORCAPTURE.COM DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE (INCLUDING THE SERVICES).

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. VISITORCAPTURE.COM DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

  1. Limitation of Liability Regarding Use of Site

VISITORCAPTURE.COM AND ITS SUPPLIERS AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF VISITORCAPTURE.COM TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

  1. Dispute Resolution

In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in and for Delhi, India, in accordance with Indian law.

  1. Revisions; General

VisitorCapture.com reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use 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 of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between VisitorCapture.com and you pertaining to the subject matter hereof. In its sole discretion, VisitorCapture.com may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

  1. Fees, Refunds, Account Suspensions, Cancellations

You agree to the following:

  • VisitorCapture.com reserves the right to change fees at any time by posting the updated fee structure to our Website and/or sending you a notification via email.
    • Should a use violate any terms of this Agreement, we reserve the right to cancel accounts or restrict access to accounts without refund.
    • If we are unable to process your credit card, we will attempt to contact you via mail and will suspend account usage until payment can be processed.
    • For prepaid, pay-as-you-go accounts, credits roll over and don’t expire. However, if you don’t log in to your account at least once in a 12 month period, your account (and all contents) may be deleted permanently from our system.
    • We do not provide refunds to any account that is suspended or terminated for compliance reasons.
    • If an account is not self-cancelled via the VisitorCapture.com interface, any account cancellation requests MUST be sent to support[at]visitorcapture.com in order to be processed. Voice mails are NOT valid account cancellation requests. If you do not submit your cancellation request to us in writing, we are not obligated to provide a refund to you for prior unused time.
    • All plans are monthly payments; these charges persist regardless of whether or not your script is on or off or if you are actively collecting contacts
    • Monthly plans include overage fees. If you opt to enable overages, you will periodically be billed for said overages once you reach a specific dollar amount in overages, not to exceed 1 overage charge per day
    • In order to stop monthly payments, an account MUST be canceled via the VisitorCapture.com interface
    • All refunds are at our sole discretion
    • If a request for refund is made, our billing team will review each request on a case-by-case basis, within 30 days.
    • Refunds are not provided for non-use. That means if you pay for VisitorCapture.com, but do not log in, turn off your script, or do not collect contacts for any period of time, you are not guaranteed a refund.
    • In the event that you do qualify for a refund, the maximum amount for unused time, at our sole discretion, is 3 months.
  1. Data
  • VisitorCapture.com identifies and delivers contact records for visitors to your website using a code snippet.
    • Data accuracy is not 100% and a bounce rate of up to 2% may occur, given the nature of the way data refreshes over time. A minority of the data may contain errors.
    • We may consider, at our own discretion, account credit for bounce rates over the 2% threshold. In these cases, the customer must provide evidence of the email addresses sent to, overall bounce rate, and the bounce code returned by the server.
  • Suppression Lists (Resolve) and CSV files (Reactivate): Suppression lists and CSV files are converted into encoded MD5s for security reasons. We do not use, share, or resell this data for any purpose other than to prevent users from collecting and paying for contacts they already have or provide open events.