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Terms of Use
These Terms of Use (the "Agreement") govern your use of the
NameBubble.com website (the "Site"). Your access to, and use of, the Site, and
the services, products and networks found at or related to the Site (referred to
collectively as the "Service") are subject to these Terms of Use. This is a
legal agreement between you and NameBubble.com and its corporate affiliates. The
terms "Company", "we," "us", or "our" shall refer to NameBubble.com and its
subsidiaries, affiliates, sister and parent companies.
By using the Site, you signify that you have read, understand and agree to be
bound by the Terms of Use, whether you are simply browsing the Site or, if
applicable, are a registered member (collectively "Users"). The terms "you,"
"your" or "User" shall refer to any individual or entity who accepts the terms
and conditions of this Agreement by using, viewing, transmitting, caching,
storing and/or otherwise utilizing the Site, the services or functions offered
in or by the Site and/or the contents of the Site in any way. By using the Site
or the Service, you are consenting to have your personal data transferred to and
processed in the United States.
We may change or modify the Terms of Use at any time without further notice and
such changes or modifications will come into effect immediately upon posting to
the Site. We will indicate at the top of this page the date the Terms of Use was
last revised. Your continued use of the Service or the Site after any change or
modification constitutes your acceptance of the new Terms of Use. If you do not
agree to abide by these or any future versions of the Terms of Use, do not use
or access (or continue to use or access) the Service or the Site. It is your
responsibility to regularly check the Site to determine if there have been
changes to the Terms of Use.
PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS
LIMITATIONS AND EXCLUSIONS.
Eligibility
The Site is available only to Users that can form legally binding contracts
under applicable law. The Site and the materials located on or through the Site
are provided for informational purposes only. You agree and acknowledge that we
make no representation or warranty as to the accuracy of any information on the
Site or linked to the Site. Any registration by, use of or access to the Site by
anyone under 14 is unauthorized, unlicensed and in violation of these Terms of
Use. By using the Service or the Site, you represent and warrant that you are 14
years of age or older and that you are fully able to enter into and to abide by
all of the terms and conditions of these Terms of Use. Your membership may be
terminated and any profiles you have created may be deleted if we believe you
are less than 14 years of age.
Content Linked to by NameBubble.com
The Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any Third Party Sites and Third Party Content
contained on the Site, to which the Site is linked, or on which Site Content is
posted. The search results that appear from the Site's indices are indexed by
the Site's automated machinery and computers, and Company cannot and does not
screen the sites before including them in the indices from which such automated
search results are gathered. A search using Company Services may produce search
results and links to sites that some people find objectionable, inappropriate,
or offensive. We cannot guarantee that a search will not locate unintended or
objectionable content and assume no responsibility for the content of any site
included in any search results or otherwise linked to by Company. By using the
Site and Service, you expressly release the Company from any and all liability
arising from search results or your use of any Third Party Sites or Third Party
Content. Our terms and policies do not govern any Third Party Sites, and we
encourage you to review the applicable terms and policies of any Third Party
Site.
Personal Use Only
The Site and Services are made available for your personal, non-commercial use
only. You may not use Site to sell a product or service, or to increase traffic
to your Web site for commercial reasons, such as advertising sales. You may not
take the results from a search and reformat and display them, or mirror the
Company home page or results pages on your Website. You may not "meta-search"
the Site. If you want to make commercial use of the Services, you must enter
into written agreement with NameBubble.com to do so in advance. Please contact
us for more information.
Registration
Registration may be required in order to access some features of the Site or use
some Service. When registering, you agree to (a) provide accurate, current and
complete information on the registration form ("Registration Data"); (b)
maintain the security of any password and identification provided; (c) maintain
and promptly update the Registration Data, and any other information you provide
to 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 must notify us immediately of any breach of security or
unauthorized use of your account. You may not use any other person's account
without permission.
Privacy Policy
Click here to review the NameBubble.com Privacy Policy.
User Conduct; General Practices
You agree not to use the Service or the Site to:
* use the Service or 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 Service or the Site;
* register for more than one User account, register for a User account on behalf
of an individual other than yourself, or register for a User account on behalf
of any group or entity;
* use or attempt to use another's account, service or system without
authorization from the Company, or create a false identity on the Service or the
Site;
* impersonate any person or entity, or falsely state or otherwise misrepresent
yourself, your age or your affiliation with any person or entity;
* harvest or collect email addresses or other contact information of other Users
from the Service or the Site by electronic or other means for the purposes of
sending unsolicited emails or other unsolicited communications;
* solicit personal information from anyone under 18 or solicit passwords or
personally identifying information for commercial or unlawful purposes;
* harm minors in any way;
* upload, post, transmit, share, store or otherwise make available any content
that we deem 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;
* upload, post, transmit, share, store or otherwise make available any content
other than those of a personal nature that are your original creations;
* 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, without
limitation, addresses, phone numbers, email addresses, Social Security numbers
and credit card numbers;
* 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, "stalk" or harass another;
* 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;
* upload, post, transmit, share, store or otherwise make available content that,
in the sole judgment of Company, is objectionable or which restricts or inhibits
any other person from using or enjoying the Site, or which may expose Company or
its Users to any harm or liability of any type; and/or
* provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) pursuant to Section 219 of the Immigration and Nationality Act.
You acknowledge, consent and agree that the Company may access, preserve and
disclose your account information and User 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 these Terms
of Use; (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 the Company, its Users and the public.
You understand that the technical processing and transmission of the Service,
including your User Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You acknowledge that the Company may establish general practices and limits
concerning use of the Service. You agree that the Company has no responsibility
or liability for the deletion or failure to store any communications or other
Content maintained or transmitted by the Service. You acknowledge that the
Company reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that the Company reserves the right to
modify these general practices and limits from time to time. The Company
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that the Company shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
Intellectual Property
All content on the Site and available through the Service, including but not
limited to designs, text, graphics, pictures, video, information, applications,
software, music, sound, video and other files, and their selection and
arrangement together with the trademarks, service marks and logos contained
therein (the "Site Content"), is owned by or licensed to the Company, with all
rights reserved and subject to and protected by copyright and other intellectual
property rights under law. 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 the Company's
prior written permission. You are granted a limited, revocable, nontransferable
license to access and use the Site and the Site Content and to download or print
a copy of any portion of the Site Content (excluding any software code) to which
you have properly gained access solely for your personal, non-commercial use,
provided that you keep all copyright or other proprietary notices intact. This
license is subject to the Terms of Use, revocable at any time without notice or
cause, and does not include use of any data mining, robots or similar data
gathering or extraction methods. You may not otherwise copy, reproduce,
republish, upload, post, transmit, distribute the Site or Site Content or
otherwise use any Site Content or User Content on any Internet, Intranet or
Extranet site or incorporate the information in any other database or
compilation. Any use of the Site, the Site Content or the User Content other
than as specifically authorized herein, without the prior written permission of
Company, is strictly prohibited and will terminate the rights and licenses
granted herein. Such unauthorized use may also violate applicable laws including
without limitation copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in the Terms
of Use shall be construed as conferring any license to intellectual property
rights.
NameBubble.com and other Company graphics, logos, designs, page headers, button
icons, scripts and service names are the trademarks or trade dress of Company in
the U.S. and/or other countries. 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 Company's prior written permission.
User Content Posted on the Site
In the event the Site allows users to post their own content to the site, you
agree that you are solely responsible for any content that you upload or post to
the Site ("User Content"). You may not post, transmit, or share User Content on
the Site or Service that you did not create or own or that you do not have
permission to post. You represent and warrant that you will not submit material
that is copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless you are
the owner of such rights or have express permission from the rightful owner to
post the material and to grant the licenses herein. 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 without limitation User Content that in
the sole judgment of the Company violates the Terms of Use or which might be
offensive, illegal, or that might violate the rights, harm, or threaten the
safety of others.
You shall retain all ownership rights in and to your User Content.
Notwithstanding, when you post User Content to the Site, you authorize and
direct us to make copies as we deem necessary for the Site. By posting User
Content, you automatically grant, and you represent and warrant that you have
the right to grant, to the Company a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Content in connection with
the Site and Service, including without limitation for promoting and
redistributing part or all of the Site (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each User a
non-exclusive license to access your User Content through the Site, and to use,
reproduce, distribute, display and perform such User Content as permitted
through the functionality of the Site and under the Terms of Use.
You may remove your User Content from the Site at any time. You understand and
agree, however, that the Company may retain, but not display, distribute, or
perform, server copies of User Content that have been removed or deleted. The
above licenses granted by you in User Content are perpetual and irrevocable.
The Company does not control any User Content posted via the Service and does
not guarantee the accuracy, integrity, or quality of any User Content. The
Company does not endorse any User Content or any opinion, recommendation, or
advice expressed therein, and the Company expressly disclaims any and all
liability in connection with User Content. You understand that by accessing the
Site and using the Service, you may be exposed to User Content that is
offensive, indecent or objectionable. The Company does not permit copyright
infringing activities and infringement of intellectual property rights on the
Site, and the Company will remove all User Content if properly notified that
such User Content infringes on another's intellectual property rights. The
Company reserves the right to remove any User Content without prior notice.
Representations and Warranties
NameBubble.com represents and warrants that it has full power and authority to
enter into this Agreement.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND
MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR
STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS
REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES,
CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY,
CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY,
COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO
NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS
CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT,
MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE
ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS
OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE
SITE AND SERVICES AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER
HARM OF ANY KIND THAT MAY RESULT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR
LOST DATA THAT ARISE IN WHOLE OR IN PART FROM THE USE OF, OR THE INABILITY TO
USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR
ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR
THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF,
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, WHETHER OR NOT WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY
(INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE
CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL
BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE
WITH THE TERMS HEREOF.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO
GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION
TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE
LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND
IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR
TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS
ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR OUR
AFFILIATES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY
SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE
DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION
OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. YOU AGREE AND
ACKNOWLEDGE THAT WE SHALL NOT HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON
THE INFORMATION PROVIDED ON THE SITE.
Indemnity
User shall indemnify, defend, and hold harmless Company, and each of its
affiliates and their respective officers, directors, shareholders, employees,
agents, contractors, partners, and representatives (collectively, the "Indemnitees"),
from and against any and all liability, demands, claims, losses, damages,
recoveries, settlements, costs and expenses (including interest, penalties,
attorney fees, accounting fees, and expert witness fees) ("Losses"), known or
unknown, contingent or otherwise, directly or indirectly arising from or related
to this Agreement, your use of the Services or the Site, your conduct in
connection with the Services or the Site or with other Users of the Services or
the Site, any User Content, any Third Party Content you post or share on or
through the Site, or any violation of these Terms of Use or of any law or the
rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Site or the Service ("Submissions"),
provided by you to Company are non-confidential and shall become the sole
property of Company. Company shall own exclusive rights, including all
intellectual property rights, 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.
Governing Law; Venue and Jurisdiction
The laws of the State of California, without regard to principles of conflict of
laws, will govern these Terms of Use and any dispute of any sort that might
arise between you and the Company or any of our affiliates. You agree not to
commence or prosecute any action in connection therewith other than in the state
and federal courts located in San Francisco, California, and you hereby consent
to, and waive all defenses of lack of personal jurisdiction and forum non
conveniens with respect to, venue and jurisdiction in the state and federal
courts of San Francisco, California. YOU AND COMPANY AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICE MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
Miscellaneous Provisions
User may not assign any of its rights or delegate any of its duties under this
Agreement without our prior written consent. Despite such consent, no assignment
shall release the assignor of any its obligations or alter any of its primary
obligations to be performed under the Agreement. This Agreement is made solely
for the benefit of the parties to this Agreement and their respective successors
and assignees, and no other person or entity shall have or acquire any right by
virtue of this Agreement. User is an independent contractor and in no way and
under no circumstances that User should look to us for compensation and benefits
as an employee. If any party fails to perform its obligations because of
strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain
labor or materials or reasonable substitutes for labor or materials,
governmental restrictions, government regulations, governmental controls,
judicial orders, enemy or hostile governmental action, civil commotion, fire or
other casualty, or other causes beyond the reasonable control of the party
obligated to perform, then that party's performance shall be excused. No party
has been induced to enter into this Agreement by, nor is any party relying on,
any representation or warranty outside those expressly set forth in this
Agreement. If a court or an arbitrator of competent jurisdiction holds any
provision of this Agreement to be illegal, unenforceable, or invalid in whole or
in part for any reason, the validity and enforceability of the remaining
provisions, or portions of them, will not be affected. No waiver of a breach,
failure of any condition, or any right or remedy contained in or granted by the
provisions of this Agreement shall be effective unless it is in writing and
signed by the party waiving the breach, failure, right, or remedy. No waiver of
any breach, failure, right, or remedy shall be deemed a waiver of any other
breach, failure, right, or remedy, whether or not similar, nor shall any waiver
constitute a continuing waiver unless the writing so specifies. The headings in
this Agreement are included for convenience only and shall neither affect the
construction or interpretation of any provision in this Agreement nor affect any
of the rights or obligations of the parties under this Agreement. This Agreement
constitutes the final, complete, and exclusive statement of the terms of this
Agreement between the parties and supersedes all prior and contemporaneous
understandings or agreements of the parties.
Copyright Policy
The Company respects the intellectual property of others, and we ask our Users
to do the same. It is our policy to respond to clear notices of alleged
copyright infringement. In accordance with the Digital Millennium Copyright Act
(DMCA) and other applicable law, the Company has adopted a policy of
terminating, in appropriate circumstances and at Company's sole discretion,
Users who are deemed to be repeat infringers. The Company may also at its sole
discretion limit access to the Site and/or terminate the memberships of any
Users who infringe any intellectual property rights of others, whether or not
there is any repeat infringement. If we remove or disable access in response to
such a notice, we will make a good-faith attempt to contact the owner or
administrator of the affected site or content so that they may make a counter
notification.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or that your intellectual property rights have been
otherwise violated, please file a notice of infringement with the Company's
copyright agent containing the information specified below. Please note that you
may be liable for damages (including costs and attorneys' fees) if you
materially misrepresent that a product or activity is infringing your
copyrights.
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the Site, with enough detail that we may find it on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright or intellectual property owner, its agent, or
the law;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
The Company's agent for notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By email
info@namebubble.com |
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