Date of Last Revision: August 24, 2016
Term. This Agreement will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your membership, delete your account and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. You may terminate your membership at any time for any reason; however, the Company may retain Your Registration Data and User Content (as defined herein). Even after your membership is terminated, certain sections of this Agreement will remain in effect; see Section 13.f below for a list of the provisions of this Agreement that will survive the termination of your membership.
Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site, including but not limited to first and last name, address, gender, email address and, when applicable, address information (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You acknowledge that NameTrends will use the email address you provide with your Registration Data as the primary method for communication concerning the Site.
¥ You represent, warrant and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You also agree to use the Site in a manner consistent with any and all applicable laws and regulations.
¥ You agree not to use the Site or to authorize any other person to use the Site to:
¥ cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
¥ harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
¥ use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
¥ use automated scripts to collect information from or otherwise interact with the Site;
¥ upload, post, transmit, share, store or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
¥ register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
¥ impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
¥ upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
¥ upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
¥ solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
¥ upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
¥ intimidate or harass another User;
¥ upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
¥ use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Site; OR
¥ upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.
¥ Proprietary Rights in Site Content; Limited License.
¥ Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the property of Esemees, its content providers, and/or their respective owners, and that the Company, its content providers, and/or the respective owners, retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without NameTrends’ prior written permission, except that the foregoing does not apply to the User Content (as defined below) that the User legally posts on the Site.
¥ User Content Posted on the Site.
¥ User Responsibility. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Site (collectively the “User Content”). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, might be offensive, illegal, threatening to the safety of users or others, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
¥ Social Media Interaction. When you interact with NameTrends accounts on social media websites (including, but not limited to, Twitter, Facebook, and/or Instagram), such interactions are subject to both the terms and conditions of the respective social media websites, as well as these terms and conditions. From time to time NameTrends may integrate User Content generated from your interactions with NameTrends on the Site.
¥ Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
¥ NameTrends Fees, Commission Rates, and Billing Methods
¥ Except as otherwise noted, creating a user account with NameTrends is free. NameTrends does, however, charge fees for our online and offline services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services. You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses related to your ability to access or use the Site and Services or your activity conducted through the Site. NameTrends reserves the right to deduct any amounts owed by User to NameTrends from amounts owed by NameTrends to User. NameTrends may, in its sole discretion, add, delete or change any of the Services provided, fees charged by NameTrends or payment terms. NameTrends’ standard fees and any changes will be posted or otherwise provided to User, and the applicable Services and fees will be binding on the effective date noted. No advance notice is required for any prospectively effective change in Services offered or fees charged therefore. Unless otherwise stated, all fees and currency amounts are quoted in U.S. Dollars.
¥ No Liability for Content or Third Party Services
¥ NameTrends does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. User acknowledges that NameTrends simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content. User understands that all Content posted on, transmitted through or linked through the Service are the sole responsibility of the person or company from whom such Content originated. User understands that NameTrends does not control, and is not responsible for Content or Third Party Content made available through the Service, and that by using the Service, User may be exposed to Content that is inaccurate, misleading, or offensive. User agrees that User must evaluate and make User’s own judgment, and bear all risks associated with, the use of any Content and Third Party Content.
¥ Intellectual Property.
¥ Trademarks. NAMETRENDS™, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered and common law trademarks, service marks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use NameTrends’ trademarks and/or variations and misspellings thereof.
¥ Copyright Infringement and DMCA Policy.
¥ You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.
¥ As NameTrends asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NameTrends.com violates your copyright, you are encouraged to notify NameTrends at [info@NameTrends.com]. NameTrends will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of NameTrends or others, NameTrends may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, NameTrends will have no obligation to provide a refund of any amounts previously paid to NameTrends.
¥ Third Party Websites and Content.
¥ The Site contains (or you may be sent through the Site to) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
¥ From time to time, NameTrends may integrate User Content generated from Third Party Sites on the Site. Your submission of User Content to these Third Party Sites is additionally subject to the applicable terms and polices of any site to which you submit User Content and from which NameTrends integrates such content. Integration of such User Content on this Site does not imply approval or endorsement by us.
¥ Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
¥ Disclaimers and Limitations on Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF NAMETRENDS TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
¥ THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT NAMETRENDS MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. NAMETRENDS MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, NAMETRENDS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
¥ NAMETRENDS MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, NAMETRENDS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM ITS ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
¥ NAMETRENDS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF NAMETRENDS SHALL CREATE A REPRESENTATION OR WARRANTY.
¥ NAMETRENDS MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE NAMETRENDS DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORISED TO ASSIGN/LICENSE SUCH DOMAINS. NAMETRENDS MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY.
¥ YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
¥ NAMETRENDS’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO NAMETRENDS IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
¥ NAMETRENDS DISCLAIMS ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
¥ Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
¥ Definitions and Constructions. Unless otherwise specified, the terms “includes”, “including”, “e.g.,” “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
¥ No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
¥ Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: (Term), (Proprietary Rights in Site Content), (Member Disputes), (Disclaimers and Limitation on Liability), (Indemnity), and this (Miscellaneous).