ClickableNames – Terms of Service
Last updated: June 13, 2012
Welcome to ClickableNames.com, the website and online portal for ClickableNames, LLC (“us”, “we”, “ClickableNames”). ClickableNames' core business focuses on assisting businesses and investors with domain acquisition and sales solutions.
Acceptance of Terms
The following terms and conditions constitute a contract between you and ClickableNames and govern the use of the Sites, the Services and all content and products available at or through ClickableNames. Capitalized terms are defined throughout this Agreement and in the section Certain Defined Terms below.
We reserve the right, in our sole discretion, to change, modify, add or delete portions of this Terms of Service at any time without notice. The Visitor is responsible to regularly check the Terms of Service and familiarize himself or herself with any changes made. Though contemplated herein, you are responsible for checking the terms of service for each of the Sites and Services individually. Continued use of the Sites after any changes to the Terms of Service signifies your understanding and acceptance of the new Terms of Service.
If you do not agree to any of the terms and conditions contained in these Terms of Service, your only remedy is to not access the Sites or use the Services.
Prices and availability are subject to change without notification. Products and prices are not final until confirmed by a ClickableNames representative.
This Agreement is effective as of May 17, 2012. Your continued use of the Sites or the Services after such time will signify your acceptance of this Agreement.
Copyrights, Limited Licenses, Trademarks and Proprietary Property Rights
In consideration of your use of the Sites and the Services, you agree that:
All Site Content is the proprietary property of ClickableNames, or its licensors, with all rights reserved.
No person is allowed to use, distribute, copy, reproduce, display, transmit, redistribute, republish or sell any Site Content, in whole or in part, without express written consent from ClickableNames. However, you are allowed to download or print a copy of any portion of the Site to which you have properly gained access. Use of downloaded or printed copies of any Site Content is limited to your personal, non-commercial use provided that all copyrights and proprietary notices are kept intact.
The limited license granted to visitors of the Site does not include any use of data mining, robots or any other data extraction or harvesting methods. Use of the Site or the Site Content other than their specifically authorized uses enumerated herein, without express written consent of ClickableNames, is strictly prohibited. This license is revocable at any time without notice and with or without cause.
CLICKABLENAMES; and any other associated Company graphics, logos, designs, page designs, page headers, buttons, icons, scripts and service names that are used to represent the Sites or Services rendered by the Company are registered trademarks, trademarks and/or service marks or trade dress of the Company in the United States and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of any other domain name or trademark, in concert with any other product or service that may cause confusion. These trademarks and trade dress may not be copied or imitated, in whole or in part, without the prior written consent of ClickableNames or the trademark owner.
In accordance with the Digital Millennium Copyright Act of 1998, ClickableNames will respond expeditiously to all claims of copyright infringement that are reported to ClickableNames. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to ClickableNames by providing all the necessary information to legal@ClickableNames.com.
Links to Third-Party Content and Sites
The Sites and Services may provide links to content (including images, pictures, text, graphics, designs, audio, music, video, sound, software, applications) or websites (“Third Party Sites”) outside of ClickableNames. The Company does not control these Third Party Sites, and therefore our Terms of Service do not apply. Before using, browsing or accessing these Third Party Sites, you should take the time to familiarize yourself with their Terms of Service. We do not monitor, read, check for accuracy, appropriateness or completeness, endorse or approve any Third Party Site, and are therefore not responsible for any content outside of ClickableNames or the Sites.
You understand that each User is solely responsible for compliance with all local, state, national and foreign laws, treaties and regulations relating to your use of the Sites or Services, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
ClickableNames does not guarantee the accuracy, integrity or quality of the Site Content. Under no circumstances will ClickableNames be liable in any way for any Site Content, including, but not limited to, for any errors or any omissions in Site Content, or for any loss or damage of any kind as a result of the use of any Site Content posted on any of the Sites or submitted through the Services.
As a User of the Sites or the Services, you represent and warrant that you will not use the Sites or Services to:
- upload, post, email, transmit or otherwise make available any content that is illegal, harmful, threatening, abusive, tortuous, defamatory, offensive, invading of another’s privacy, or promoting discrimination or harm against any individual or group in any way
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- harm minors in any way
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services
- upload, post, email, transmit or otherwise make available:
- any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
- 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
- reproduce, duplicate or copy or exploit any other portion of the Sites or the Services other than as permitted herein or with the express written permission of ClickableNames
- interfere with or disrupt any servers or networks or disobey any requirements, procedures, policies or regulations of any servers or networks connected to the Sites or Services
- obtain, collect, store or modify the personal information of other users
- modify, adapt or hack the Sites or the Services or falsely imply that some other site is associated with ClickableNames, the Sites or the Services
- use the Sites or Services for any illegal or unauthorized purpose
Without limiting any of the above representations or warranties, ClickableNames and its designees shall have the right (though not the obligation) to (i) refuse or remove any content that, in ClickableNames' reasonable opinion, violates any ClickableNames policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Sites or Services to any individual or entity for any reason, in ClickableNames' sole discretion.
You acknowledge and agree that ClickableNames may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property or personal safety of ClickableNames, its owners, its users and the public.
You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We do not guarantee the accuracy of Site Content or any other information on the Sites or their constituent Services.
ClickableNames is not responsible or liable for any Site Content posted on any of the Sites whether posted by ClickableNames, a Third Party or one of its Visitors. Visitors use the site at their own risk and should be aware that they may encounter offensive, explicit, inappropriate, obscene, unlawful or objectionable content.
Due to maintenance, outage, technical difficulties or other reasons, the Sites may be unavailable at times. ClickableNames assumes no responsibility for loss, error, omission, interruption, delay or defect in operation or transmission, communication failure, theft, unauthorized access to or alteration of Visitor communication. We are not responsible for technical problems or malfunction of any network service, computer system, servers or service providers, electronic equipment, software because of technical problems with the Sites or because of Internet or site traffic congestion, including damage, injury or loss of Visitor’s or any other person or company’s computer, mobile phone or other hardware or software, related to usage of the Sites or the Services. Under no circumstances will we be responsible for any loss, damage, injury or death resulting from anyone’s usage of the Sites or Services, or any Visitor Content, applications, software or Third-Party Content posted anywhere on or through the Sites or Services. ClickableNames is also not responsible for interactions between individuals stemming from usage of the Sites or Services, whether online or offline.
This service is provided “as-is”. ClickableNames disclaims any and all representations or warranties, express or implied, including warranties of title, merchantability, fitness for a particular purpose or non-infringement. ClickableNames does not guarantee that the Site’s content and/or code is error-free, nor does it guarantee that its servers or the third-party servers it employs are free of viruses. The Visitor should exercise caution on any site he or she visits and should utilize anti-virus and anti-spyware software on their personal computers or mobile phones, or encourage the administrator of the computer or mobile phone to do so. Without limiting the foregoing, you understand and agree that you download and obtain any content, software or data freely and at your own risk and discretion.
We reserve the right to change the Services, software, content or data contained within or offered by the Sites or the Services at any time without notice. References to any other company, site, service, product, manufacturer, supplier, television or radio program, movie, political party, person or entity, whether by name, trademark, logo or trade name does not imply endorsement, sponsorship, recommendation thereof or affiliation therewith, by ClickableNames, the Sites or the Services.
Individuals over the age of eighteen (18) are eligible to use ClickableNames. By using the Sites, you represent that you are at least 18 years of age and that you have read, understand, agree to and abide by these Terms of Service.
You agree to indemnify and hold the Company, its affiliates and subsidiaries, and each of their directors, executives, agents, employees, partners and contractors harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys" fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Services, your use of the Sites or Services, your connection to the Service, your violation of this Agreement, any legal proceedings threatened or initiated against the Company by a third party as a result of the events described in this section, or your violation of any rights of another, including but not limited to Intellectual Property rights.
Limitation of Liability
You agree that the Company will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential loss or damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Services or the provision of any other goods or services under this Agreement and whether or not as a result of any breach or default by, or any negligence of, ClickableNames or its affiliates.
In any event, the maximum aggregate liability of ClickableNames under this Agreement for any and all breaches of this Agreement and for any negligent or other act or omission in relation to this Agreement, will not exceed the amount of the Fees paid by you to ClickableNames.
Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of ClickableNames will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by legislation.
You acknowledge and agree that ClickableNames will not be liable or responsible for any breach of any Intellectual Property Rights or other rights held by a third party in relation to the supply or purchase of a website or domain.
You agree that any submissions, feedback, comment, questions or ideas submitted to ClickableNames are non-confidential and become the sole property of ClickableNames. ClickableNames owns exclusive rights, intellectual property rights included, and is entitled to unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without compensation to or acknowledgement of you.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Certain Defined Terms
Any capitalized term not otherwise defined in this Agreement has the meaning given such term below and as used throughout this Agreement:
- “ClickableNames”, the “Company”, the “Site(s)”, or the “Service(s)” mean ClickableNames, LLC., its network, any associated services and sub domains, and its corporate subsidiaries, including but not limited to, Juggle, LLC.
- “Site Content” means any material, content, designs, text, pictures, software, videos, music, information and other files created, located, displayed on any the Sites or submitted through the Services.
- “Third-Party Content” means any content not created by ClickableNames, including but not limited to User generated content.
- “Third-Party Sites” – Means any site not owned by ClickableNames.