Terms and Conditions
Updated June 20081. Introduction
2. Information on the Website
3. Trademarks
4. External Links
5. Public forums and User Submissions
6. Specific Use
7. Warranties
8. Disclaimer of Liability
9. Use of the Website
10. Content Posted
11. Content/Activity Prohibited
12. General
1. Introduction.
The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
2. Information on the Website.
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trademarks.
The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the Website Owner. However, due to the scope and boundries of this website's content type regarding 2nd and 3rd party trademarks and logos that will be displayed throughout various sections of this website, those trademarks and logos are their own trademarks and logos of the owners respectively.
4. External Links.
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions.
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
5.4 violate any copyright, trademark, other applicable U.S. or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which
is intended to solicit business other than what falls under the scope and boundries of this website's allowed contents.
6. Specific Use.
You further agree not to use the website to send or post any message or material
that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful,
vulgar, obscene, sexually orientated, racially offensive, profane, pornographic
or violates any applicable law and you hereby indemnify the Website Owner against
any loss, liability, damage or expense of whatever nature which the Website
Owner or any third party may suffer which is caused by or attributable to, whether
directly or indirectly, your use of the website to send or post any such message
or material.
7. Warranties.
The Website Owner makes no warranties, representations, statements or guarantees
(whether express, implied in law or residual) regarding the website, the information
contained on the website, your or your company's personal information or material
and information transmitted over our system.
8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability
for any loss, liability, damage (whether direct, indirect or consequential),
personal injury or expense of any nature whatsoever which may be suffered by
you or any third party (including your company), as a result of or which may
be attributable, directly or indirectly, to your access and use of the website,
any information contained on the website, your or your company's personal information
or material and information transmitted over our system. In particular, neither
the Website Owner nor any third party or data or content provider shall be liable
in any way to you or to any other person, firm or corporation whatsoever for
any loss, liability, damage (whether direct or consequential), personal injury
or expense of any nature whatsoever arising from any delays, inaccuracies, errors
in, or omission of any share price information or the transmission thereof,
or for any actions taken in reliance thereon or occasioned thereby or by reason
of non-performance or interruption, or termination thereof.
9. Use of the Website.
The Website Owner does not make any warranty or representation that information
on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to the Website
Owner that you are legally entitled to do so and to make use of information
made available via the website.
10. Content Posted.
10.1.
EngiName may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of EngiName violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. EngiName assumes no responsibility for monitoring the EngiName Services for inappropriate Content or conduct. If at any time EngiName chooses, in its sole discretion, to monitor the EngiName Services, EngiName nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
10.2.
You are solely responsible for the Content that you post on or through any of the EngiName Services, and any material or information that you transmit to other Members and for your interactions with other Users.
11. Content/Activity Prohibited.
The following are examples of the kind of Content that is illegal or prohibited to post on or through the EngiName Services. EngiName reserves the right to investigate and take appropriate legal action against anyone who, in EngiName's sole discretion, violates this provision, including without limitation, removing the offending Content from the EngiName Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of EngiName:
11.1.
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
11.2.
harasses or advocates harassment of another person.
11.3.
exploits people in a sexual or violent manner.
11.4.
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website.
11.5.
solicits personal information from anyone under 18.
11.6.
publicly posts information that poses or creates a privacy or security risk to any person.
11.7.
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
11.8.
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files.
11.9.
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming".
11.10.
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
11.11.
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
11.12.
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
11.13.
involves commercial activities and/or sales without prior written consent from EngiName such as contests, sweepstakes, barter, advertising, or pyramid schemes.
11.14.
includes a photograph or video of another person that you have posted without that person's consent.
11.15.
for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
11.16.
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the EngiName Website and through your use of the EngiName Services. EngiName reserves the right to investigate and take appropriate legal action against anyone who, in EngiName's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
11.17.
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
11.18.
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the EngiName Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, EngiName reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which EngiName deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the EngiName Services, you acknowledge that you will have caused substantial harm to EngiName, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay EngiName $100 for each such unsolicited email or other unauthorized commercial communication you send through the EngiName Services.
11.19.
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the EngiName Services.
11.20.
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
11.21.
covering or obscuring the banner advertisements on your personal profile page, or any EngiName page via HTML/CSS or any other means.
11.22.
any automated use of the system, such as, but not limited to, using
scripts to add name ideas or add/send comments or messages.
11.23.
interfering with, disrupting, or creating an undue burden on the EngiName Services or the networks or services connected to the EngiName Services.
11.24.
impersonating or attempting to impersonate another Member, person or entity.
11.25.
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account.
11.26.
selling or otherwise transferring your profile.
11.27.
using any information obtained from the EngiName Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
11.28.
displaying an unauthorized commercial advertisement on your user profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the EngiName Services on behalf of that person, such as placing commercial content on your user profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
11.29.
using the EngiName Services in a manner inconsistent with any and all applicable laws and regulations.
12. General.
12.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement
between you and the Website Owner in relation to your use of the website. Neither
you nor the Website Owner shall be bound by any express tacit or implied representation,
warranty, promise or the like not recorded herein. Unless otherwise specifically
stated these website terms and conditions supersede and replace all prior commitments,
undertakings or representations, whether written or oral, between you and the
Website Owner in respect of your use of the website.
12.2 Alteration.
the Website Owner may at any time modify any relevant terms and conditions,
policies or notices. You acknowledge that by visiting the website from time
to time, you shall become bound to the current version of the relevant terms
and conditions (the "current version") and, unless stated in the current
version, all previous versions shall be superseded by the current version. You
shall be responsible for reviewing the then current version each time you visit
the website.
12.3 Conflict.
Where any conflict or contradiction appears between the provisions of these
website terms and conditions and any other relevant terms and conditions, policies
or notices, the other relevant terms and conditions, policies or notices which
relate specifically to a particular section or module of the website shall prevail
in respect of your use of the relevant section or module of the website.
12.4 Waiver.
No indulgence or extension of time which either you or the Website Owner may
grant to the other will constitute a waiver of or, whether by estoppel or otherwise,
limit any of the existing or future rights of the grantor in terms hereof, save
in the event or to the extent that the grantor has signed a written document
expressly waiving or limiting such rights.
12.5 Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any
of its rights and obligations in terms of any relevant terms and conditions,
policies and notices to any third party should it not be in direct contradiction of this website's privacy policies.
12.6 Severability.
All provisions of any relevant terms and conditions, policies and notices
are, notwithstanding the manner in which they have been grouped together or
linked grammatically, severable from each other. Any provision of any relevant
terms and conditions, policies and notices, which is or becomes unenforceable
in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness
or for any reason whatever, shall, in such jurisdiction only and only to the
extent that it is so unenforceable, be treated as pro non scripto and the remaining
provisions of any relevant terms and conditions, policies and notices shall
remain in full force and effect.
12.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by
and construed in accordance with the laws of The United States without giving
effect to any principles of conflict of law. You hereby consent to the exclusive
jurisdiction of the High Court of The United States in respect of any disputes
arising in connection with the website, or any relevant terms and conditions,
policies and notices or any matter related to or in connection therewith.
12.8 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the
privacy policy or any other relevant
terms and conditions, policies and notices or the way in which we are handling
your personal information please contact us.
E-mail: support@enginame.com