|
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.

|