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 Terms and Conditions - PlaceYourName.com

 

  

TERMS AND CONDITIONS

1. Terms of Use: This is a legal agreement between you as the customer or site visitor of PlaceYourName.com (hereafter referred to as "you") and Search Me Group, LLC. d/b/a PlaceYourName.com (hereafter referred to as "we", "us", "our" or "PYN") regarding the terms of use of this site.

Please read these terms and conditions carefully because by using PlaceYourName.com (hereafter "Site") in any way, you agree to be legally bound by and comply with its terms. If you do not agree to comply with the terms set forth herein, then you are not authorized to use this Site. PlaceYourName.com reserves the right to change the terms set forth herein at any time, without prior notice, by posting notice of change on this Site. You must be 18 years of age to subscribe to PlaceYourName.com services. By subscribing to PlaceYourName.com you represent and warrant that (i) that you are at least 18 years of age, and (ii) the information you provide, approve or authorize for distribution is accurate, and (iii) that you are not impersonating any other person or misrepresenting your affiliation or authorization with any entity. Your campaign is solely for use by you as the authorized user identified in the subscription. You may not assign your rights or authorize others to use your identification or password, which you hereby agree to protect and maintain as confidential. In the event of any unauthorized use of your account, user name or password, you agree to notify us in writing immediately.

2. User's Profile Content: You agree that you are solely responsible for all messages, text, data, files, postings, photographs, images, videos, sounds or other data that you provide to PYN or approve for use or distribution by PYN (collectively "Profile Content"), whether it is transmitted through, posted on, or distributed through the Site. By submitting or approving Profile Content for dissemination on the Internet or otherwise, you are granting PYN a fully paid, perpetual, exclusive, worldwide, irrevocable license to use, copy, display, perform, prepare derivative works of, host, distribute or otherwise disseminate through any and all lawful means all User Profile Content in the form or manner that PYN, in its sole discretion, deems appropriate. Moreover, by using this Service you recognize and agree that all Profile Content will be seen or used by third parties pursuant to this license. With the exception of personally identifiable information provided for the sole purpose of subscribing or paying for our Services, you agree that any Profile Content that you provide may become public information.

By using the Services provided by PYN, you agree that you are acquiring only a restricted, revocable license to use PlaceYourName.com and its services for the term of your subscription. Furthermore, you agree that you will not submit or approve content that:

(a) is libelous, obscene, abusive, false, inaccurate, deceptive, misleading, indecent, profane, offensive, defamatory, racially biased, harassing, illegal or violates the rights of others or is harmful to minors in any way; or
(b) is pornographic or depicts sexual conduct or genitalia of any person; or
(c) is degrading or incites hatred toward individuals based on their age, religion, gender, race, national origin, ethnicity, sexual orientation or disability; or
(d) impersonates any person or entity or falsely misrepresents your affiliation with any person or entity; or
(e) constitutes "spam," "junk mail," "pyramid schemes," "chain letters" or other illegal unsolicited commercial marketing or advertising; or
(f) violates another person's right to privacy or that provides personal information about a person without such person's consent; or
(g) markets or advertises the sale of any item or service that is illegal or otherwise restricted by applicable law; or
(h) violates any third parties intellectual property rights or that infringes any trademark, trade secret, copyright, patent or other proprietary right of any third party; or
(i) contains viruses or other computer programs or code that may cause interruption, destruction, limited functionality of any computer software, hardware or other technological device, affects any other users ability to use the Service or Site, or otherwise interferes with, disrupts or impairs the functionality of this Site or the Services provided through PYN.

As licensee, PYN specifically disclaims ownership of Profile Content or liability related thereto. Moreover, PYN will not make any independent investigation of the truth or veracity of the Profile Content that you submit and it is your exclusive responsibility to insure the accuracy of such information pursuant to these Terms and Conditions. Notwithstanding the foregoing, PYN, however, reserves the right as host of the Site and service provider to: (i) delete, edit or change any content or its location at any time; (ii) to discontinue or refuse service to any person or entity, or (iii) to cancel any subscription for violation of these Terms and Conditions or other good cause at any time, in its sole and exclusive discretion.

Please note that PYN will terminate the privileges of any Subscriber who uses PlaceYourName.com to transmit copyrighted material or other proprietary material without the express written consent of the owner of such property, a valid license thereto, a valid defense for such use or a valid fair use exemption to do so. ALL USERS OR SUBSCRIBERS TO THIS SITE MUST ENSURE THAT THE PROFILE CONTENT THEY SUBMIT OR APPROVE FOR DISTRIBUTION DOES NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. YOU SHALL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY AND ALL VIOLATIONS OF LAW OR FOR ANY INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERY RIGHT CAUSED BY THE USE OR DISSEMINATION OF INFORMATION YOU SUBMIT (OR APPROVE FOR DISTRIBUTION) AS PROFILE CONTENT.

3. Service Provider Content: Except for the Profile Content that you submit or approve, PYN is and shall at all times remain the exclusive owner and holder of any and all intellectual property rights to all content placed on or distributed through PlaceYourName.com. Specifically, you acknowledge that PYN owns all trademarks, trade names, copyrights, service marks, intellectual property rights (whether registered or unregistered) in any designs, topography rights, domain registrations, trade or business names, innovations or inventions or know how (including specifications, formulae or drawings), rights in good will, database rights (and related license rights or consents) or other intellectual property rights (hereafter collectively referred to as "Intellectual Property"). You may not reproduce, publish, transmit, distribute, display, modify, and create derivative works from, sale or otherwise exploit, in whole or in part, the Intellectual Property. All other company logos, trademarks or Profile Content cited herein are the property of their respective owners.

4. Links to Third Party Sites: This Site may contain links to other non-PYN sites for which PYN does not have any control over. Consequently, PYN is not responsible for, nor does it endorse, any such third party site, its' contents, services or use thereof. Such links are merely provided to you as a convenience. Your interactions with any business or individual found by use of a link on our Site and any other terms and conditions or warranties associated with such interaction or transaction are solely between you and such third party and are at your own risk.

5. Payments, Fees and Refunds:

A. Security: All transactions are encrypted with powerful Secure Sockets Layer (SSL) encryption technology. SSL encrypts your credit card account number, name, address and telephone number before it can travel over the Internet.

B. One-Time Service Fees: The following price levels are currently applicable for the three low cost options:

Level One: $49.95*
Level Two: $99.95*
Corporate Option: [__]

A variety of payment methods are available. Credit cards are accepted by submitting your credit card information in the Sign-Up Form. We accept Visa, Mastercard, American Express, and Discover cards. Additionally, we accept payment by Pay Pal, personal checks, certified checks and money orders. If you are submitting payment by check, please indicate your email address on your check and mail it to : PlaceYourName.com, Attn: New Accounts, P.O. Box 880252, Boca Raton, Florida 33488-0252.

*Other fees or charges may apply such as:

Revision Fee: In the event Subscriber modifies their Profile Content after PYN has released such content to third parties, a change fee in the amount of $9.99 may be charged to the account. By submitting a Revision Request Form, you hereby consent to the imposition of this fee.

Level 2 Annual Domain Renewal: Upon annual renewal of any Level 2 Subscription, the Subscriber may elect to renew their personalized domain registration for an additional annual fee of $19.99. In the event the Subscriber elects not to renew the domain registration, all domain content along with the registration will expire. Moreover, PYN shall not have any liability for any loss of data or information as a consequence of non-renewal.

C. Cancellation: You have thirty (30) full days after submitting your subscription form and related payment (hereafter the "Cancellation Period") to request a refund of your payment by sending an email request to PlaceYourName.com, or by mailing your written request to: P.O. Box 880252, Boca Raton, FL 33488-0252 or by calling 1-561- 404-4790, Mon-Fri, 9am - 5pm EST. Upon receipt of your refund request, PYN reserves the right to cure or otherwise remedy any outstanding issues. In the event that you remain dissatisfied after PYN addresses your issue, PYN will refund the full amount of your subscription. After the Cancellation Period expires, no refunds will be issued. Furthermore, upon cancellation, all User Profile Content will be removed and/or retracted from its sources if Services have already been rendered within the 30 day cancellation period.

6. Termination of Service: PYN reserves the right to terminate the Site or this Agreement at any time without notice for any reason, including your violation of any of these Terms and Conditions. In the event that you violate these Terms and Conditions, we may revoke your license to use this Site or the Services we offer without issuing a refund of your subscription payment. In the event that we terminate your Subscription for any reason other than violation of these Terms and Conditions, we will refund a portion of your payment on a pro-rata basis which shall serve as your sole and exclusive remedy.

7. No Warranty: You agree that your use of this Site and all Services provided by PYN are on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, EXCEPT TO THE LIMITED EXTENT STATED ELSEWHERE IN THIS AGREEMENT, PYN DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING PERFORMANCE OR SECURITY OF THIS SITE, TIMELINESS, RELIABILITY, SERVICES PERFORMED BY PYN, OR ANY SERVICE OR PRODUCT ACCESSED THROUGH ANY LINK ON THIS SITE.

8. Content Placement. PYN will do everything possible to ensure users' Profile Content and site submissions rank highly and show up on page one of the search engines. However, due to the dynamic nature of search engine indexing and the potential competitiveness of your name and/or keywords, PYN does not guarantee, whether expressed, written, or implied, the ranking or positioning of content in the search engine results with the Level 1 or Level 2 service.

9. LIMIT OF LIABILITY: UNDER NO CIRCUMSTANCE SHALL PYN BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE (EVEN IF PYN HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES) RESULITNG OR ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR SERVICE OR INTERRUPTION, MODIFICATION, ALTERATION OR TERMINATION OF THE SITE OR ANY PYN SERVICES. SAID LIMITATION SHALL ALSO APPLY TO ANY AND ALL CLAIMS OF DAMAGE ARISING FROM SERVICES, INFORMATION, ADVICE OR PRODUCTS RECEIVED THROUGH LINKS ON THIS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.

10. Indemnity: You agree to defend, indemnify and hold PYN, its officers, directors, agents, service providers, suppliers, shareholders and employees harmless from any claim or demand, including reasonable attorneys' fees arising out of the Profile Content you submit, post, approve for distribution or dissemination in any way or otherwise make available through use of this Site or the Services offered herein, your use of this Site or Service, your violation of any Terms and Conditions set forth herein, your breach of any representation or warranty, or your violation of any third party's rights.

11. Compliance with Export Restrictions: You agree not to download, use or export the Site or any information provided by use of the Site or Services in violation of any applicable laws or regulations including the export laws of the United States.

12. Governing Law: You agree that the laws of the State of Florida (including conflicts of law principles) shall govern this Agreement and that any dispute arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts in Broward County, Florida, and further, you hereby agree to submit to the jurisdiction of the aforesaid courts in connection with this Agreement or any Services provided by PYN.

13. General Provisions: PYN's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision or be deemed a waiver of any further rights hereunder. These Terms and Conditions, along with any related policies, provisions or amendments, accepted by you upon subscribing to PlaceYourName.com contains the entire agreement between you and PYN regarding use of this Site or PYN's Services. This Agreement may only be amended upon email notice by PYN to you or by a writing signed by both you and an authorized representative of PYN. These Terms and Conditions shall survive termination or cancellation of your subscription with PYN. If any provision in this Agreement is held unenforceable or invalid as a matter of law, the remainder of this agreement shall continue in full force and effect.

14. Children: Minors are not eligible to utilize this Site and we request that no personal information pertaining to any minor be submitted through the use of this Site.

15. Acknowledgement: BY USING THIS SITE OR THE SERVICES PROVIDED BY PYN, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS (AND ALL TERMS INCORPORATED HEREIN) AND YOU AGREE TO BE BOUND BY THEM.



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