Last updated: May 24, 2018
These Terms of Service (collectively, these “Terms”) constitute a legal agreement between VeriSign, Inc. (referred to as “Verisign,” “us”, “we” or “our”) and you (“you”, “your” or “end user”) that governs your access to, and use of, Verisign’s NameStudio for Social service offered through the domaininspiration.com website or any other Verisign website that references these Terms (the “Service”). The Service enables you to either (1) directly submit search queries to Verisign, including but not limited to your first and last name, or (2) choose to connect to the Service using your credentials from a third-party social media application such as Facebook, Instagram, LinkedIn or Twitter (e.g., “Connect with Facebook,”, “Connect with Twitter”, “Sign in with LinkedIn” or “Connect with Instagram”) (each, a “Social Media Application”), in order to allow Verisign to use various information contained within your Social Media Application profile information (collectively the “NameStudio for Social Search Data”) so that you may: (a) check the availability of domain names within one or more of the .com, .net, .tv and/or .cc top-level domains and/or other top-level domains as may be made available by Verisign from time to time and (b) receive a list of domain name suggestions based on the NameStudio for Social Search Data (collectively, the “NameStudio for Social Search Results Data”).
THIS IS A LEGAL CONTRACT. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, AS WELL AS ANY AND ALL OTHER AGREEMENTS EXPRESSLY INCORPORATED BY REFERENCE, AND ANY ALL POLICIES OR LEGAL NOTICES WE PUBLISH OR PROVIDE REGARDING THE SERVICE.
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
TABLE OF CONTENTS
The Service is intended solely for users who are 18 years of age or older. By accessing or using the Service, you represent and warrant that: (i) you are 18 years of age or older and otherwise have capacity to contract; and (ii) if you are accessing or using the Service on behalf of an entity, you have the authority to bind that entity to these Terms. The Service is controlled and offered by Verisign from the United States. Verisign makes no representations that the Service is appropriate or available for use in other locations.
2. License Grants
2.1. Access to and Use of the Service. Subject to these Terms, Verisign hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, restricted license to access and use the Service solely to: (i) submit NameStudio for Social Search Data to the Service; and (ii) use the NameStudio for Social Search Results Data solely in connection with registering one or more domain names.
2.2 Use of NameStudio for Social Search Data. You hereby grant to Verisign an irrevocable, perpetual, non-exclusive, non-transferable, sublicensable license to: (i) use, reproduce, sublicense and transmit the NameStudio for Social Search Data (including any personal data (as defined in the Data Protection Legislation in force at the time, “Personal Data”) provided and obtained through the Social Media Applications) in connection with the: (a) provision of the Service, including, but not limited to, the generation of the NameStudio for Social Search Results Data; and (b) Data Uses (as defined in Section 4 below).
3. License Grant Restrictions
You hereby represent, warrant, and agree that you will: (i) use the Service solely for, non-commercial use in accordance with Section 2.1 above; and (ii) NOT use the Service to (a) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Service, or any part thereof; (b) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Service; (c) access the Service in order to build a similar or competitive service; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, post, display or transmit any part of the Service; (e) upload, transmit, or distribute any computer viruses, worms, or any software or attempt to gain unauthorized access to interfere with, disable, damage or alter, or disrupt a computer or communication network, handheld device, mobile device, data, any part of the Service, the server(s) on which the Service is stored, any server, computer, or database connected to the Service, or any other system, device or property; (f) access (or attempt to access) the Service by means other than through the interface that is provided by Verisign; (g) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices); (h) circumvent, disable, or otherwise interfere with the security or functionality of the Service or of features that enforce limitations on use of the Service; (i) infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (j) violate any law, statute, ordinance, or regulation, including, but not limited to, applicable export and re-export control laws and regulations; or (k) run any processes that interferes with the proper working of the Service (including by placing an unreasonable load on the Service’s infrastructure). Use of the Service is void where prohibited.
For the purposes of these Terms, “Data Protection Legislation” means any applicable law in the United Kingdom and/or the European Union relating to the processing, privacy, and use of Personal Data, as applicable, including: (a) in the United Kingdom, the Data Protection Act 1998, the General Data Protection Regulation (EU) 2016/679 (“GDPR”), and/or any corresponding or equivalent national laws or regulations (“Revised UK DP Law”); and (b) in member states of the European Union, Directive 95/46/EC or the GDPR, once applicable, and all relevant member state laws or regulations giving effect to or corresponding with either of them, or (c) once applicable, any successor legislation (and/or any national laws or regulations corresponding or equivalent thereto) to the GDPR, or Revised UK DP Law. For the purposes of these Terms, “Data Controller” has the meaning set out in the Data Protection Legislation in force at the time
We respect your privacy and are committed to protecting it. Our Privacy Statement governs the processing of all Personal Data collected from you in connection with your use of the Service, which may include first name, last name, the date and time of the domain name search query, IP address, geolocation information, Social Media Applications information (including user preferences and social media handle), together with any other Personal Data contained in any NameStudio for Social Search Data and obtained by Verisign through the Social Media Applications. The NameStudio for Social Search Data is aggregated information and is not linked to any Personal Data (other than information you may have submitted as part of your domain name search (such as your first and last name) or information obtained through the Social Media Applications.
Please carefully review our Privacy Statement to learn about how we collect and use your Personal Data before accessing the Service. The NameStudio for Social Search Data collected via the Service is used as generally described in our Privacy Statement and more specifically to (collectively, the “Data Uses”):
We do not knowingly collect or solicit Personal Data from anyone under the age of 13 or knowingly allow such persons to use the Service. If you believe that we might have any Personal Data from or about a child under 13, please contact us at email@example.com.
5. Social Media Applications
The Service contains links to and/or uses functionality from Social Media Applications, including functionality that enables you to connect to the Service using your username and password credentials for the Social Media Applications to enable the Service to provide you with NameStudio for Social Search Results Data obtained by Verisign through the Social Media Application(s). You understand and agree that: (i) Verisign does not control or maintain any Social Media Application functionality; (ii) any Social Media Application’s use of information it has collected from you is governed by the Social Media Application’s privacy policies, terms of service, and your settings on the Social Media Application; (iii) you are solely responsible for reviewing the Social Media Application’s privacy policies, terms of service, and your settings on the Social Media Application; and (iv) Verisign is not responsible for the privacy policies and practices, terms, conditions or any other activities of, or functionality provide by, any Social Media Applications.
6. User Responsibilities
You are solely responsible for: (i) making all arrangements necessary to access and use the Service, including, as applicable, ensuring your computer and/or supported mobile device includes adequate software or internet connectivity; (ii) any and all costs, including but not limited to, internet or mobile data costs, you may incur while accessing and using the Service; (iii) any costs or liabilities arising from, associated with, or relating to, the registration of a domain name suggested or listed in the NameStudio for Social Search Results Data or your use of the Service; and (iv) ensuring that any domain name you register as a result of the NameStudio for Social Search Results Data or your use of the Service does not violate any third party trademarks or other intellectual property.
7. Intellectual Property
You acknowledge and agree that Verisign and its licensors own all rights, title and interest, including all intellectual property rights and other proprietary rights, including, but not limited to, registered and unregistered, United States and foreign copyrights, trademarks, service marks, trade dress, trade names, corporate names, logos, inventions, patents, patent applications, software, know-how and all other intellectual property and proprietary rights (of every kind and nature throughout the universe and however designated) in and to the Service, the NameStudio for Social Search Results Data, and their entire contents, materials, features, functionality (including but not limited to all information, software, technology, methodology, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and other services included on or otherwise made available to you through the Service or Verisign (“Verisign Works”) and the Feedback (as defined in Section 9 below), and no rights in the foregoing are transferred to you hereunder.
8. Term; Termination; Modifications; Suspension; Discontinuation
These Terms will be effective on the first day that you access and/or use the Service and will remain in full force and effect so long as you continue to access and/or use the Service, unless terminated as set forth in this Section. Verisign may terminate your license under Section 2.1 above at any time, without notice, in its sole discretion, for any reason, including, but not limited to, your failure to abide by these Terms, any and all other agreements expressly incorporated by reference, and any and all other policies or legal notices we publish by regarding the Service. The terms in Sections 4, 7, 8, 9, and 11 through 14 of these Terms will survive termination your license under Section 2.1. Verisign reserves the right, at any time, to modify, suspend, or discontinue the Service, or any part thereof, in its sole discretion with or without notice to you.
You agree that Verisign will not be liable to you or to any third party for any termination, modification, suspension, or discontinuance of the Service, or any part thereof.
You may choose to, or we may invite you to, submit comments, suggestions, or ideas about the Service, including how to improve the Service (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place Verisign under any fiduciary or other obligation.
10. Changes to the Terms of Service
Verisign may update these Terms from time to time. When we do, we will revise the “last updated” date at the top of these Terms. Verisign is not responsible for notifying you of changes to these Terms. You are responsible for checking these Terms and all other documents incorporated by reference, for updates periodically. For changes to these Terms that we deem to be material, we will endeavor to place a prominent notice on the home page of the Service regarding such changes. If at any time you do not agree to these Terms, please do not access or use the Service.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE VERISIGN WORKS (INCLUDING THE SERVICE) ARE PROVIDED BY VERISIGN ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS AND WARRANTIES WHATSOEVER. VERISIGN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF RESPONSES, PERFORMANCE RESULTS (INCLUDING AVAILABILITY OF DOMAIN NAMES), WORKMANLIKE EFFORT, OR THAT THE VERISIGN WORKS (INCLUDING THE SERVICE) WILL BE: (A) FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) UNINTERRUPTED OR ERROR FREE; OR (C) FREE OF OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE CONTENT, OR THAT YOUR REGISTRATION OF A DOMAIN NAME BASED ON THE NAMESTUDIO FOR SOCIAL SEARCH RESULTS DATA WILL NOT VIOLATE ANY THIRD-PARTY TRADEMARKS OR OTHER INTELLECTUAL PROPERTY.
12. Limitation of Liability
12.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERISIGN OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “VERISIGN PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE VERISIGN WORKS (INCLUDING THE SERVICE) OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), IN EACH CASE WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VERISIGN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERISIGN OR THE VERISIGN PARTIES BE LIABLE FOR ANY DIRECT DAMAGES ARISING UNDER OR RELATING TO THE VERISIGN WORKS (INCLUDING THE SERVICE) OR THESE TERMS EXCEEDING ONE HUNDRED UNITED STATES DOLLARS ($100 USD).
You agree to indemnify, defend and hold harmless the Verisign Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your (i) violation of these Terms;(ii) use of the Service ( including, but not limited to your submission of NameStudio for Social Search Data), (iii) use of the Verisign Works (including the Service), other than as expressly authorized in these Terms; or (iv) use of any information obtained from the Service, including NameStudio for Social Search Results Data.
14.1 Force Majeure
Without limiting Sections 11, 12 and 13 above, Verisign will not be liable or responsible to you to the extent any failure or delay is caused by or results from acts or circumstances beyond Verisign’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
14.2 Governing Law; Disputes
These Terms will be governed by the laws of the Commonwealth of Virginia, excluding its conflicts of laws rules.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Either Verisign or you may demand that any dispute between Verisign and you about or involving your use of the Service, including the Verisign Works and/or these Terms must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent Verisign from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
14.3 No Assignment
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Verisign without restriction. Any attempted assignment by you will be null and void.
14.4 No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
To You. We may provide any notice to you under these Terms by posting to the website(s) hosting the Service. Notices we post will be effective on the day we post.
To Us. To give us notice under these Terms, you must contact us as follows: Any such notice may be served personally or by certified mail (postage prepaid), internationally commercially recognized overnight delivery service (such as Federal Express or DHL), or courier. Notice shall be deemed served upon personal delivery or delivery by courier, upon the second business day after the date sent for notices sent via overnight delivery, or upon the fifth business day after the date sent for notices sent via certified mail. Either Party may change the address to which notices are to be delivered by written notice (excluding email) to the other Party.
Notice to VeriSign, Inc.
Attn: General Counsel
12061 Bluemont Way
Reston, VA 20190
United States of America
14.6 Entire Agreement; Severability; No Waiver
These Terms, as well as any and all other agreements expressly incorporated by reference, and any and all other policies or legal notices we publish regarding the Service constitute the entire agreement between you and Verisign concerning your use of the Service. If any provision of these Terms is deemed invalid, unenforceable or void by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Verisign’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Verisign.
© Copyright 2018 Verisign, Inc. All rights reserved.
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