Last Revised: January 10, 2021
The following legal terms apply to anyone who visits or uses the SnagYourName.com website or uses its services. SnagYourName.com is owned and operated by Knowledge Campus, Inc. (“Us”, “We”, “Our”) and offers a wide range of services and features and some of the terms contained herein may or may not be relevant to the specific services of ours you use.
1.1. Our Purpose
Our services give our users the ability to control the dotcom top-level domain of their given name and surname, e.g., JohnSmith.com, online. We’re continually expanding the portfolio of domains and are the official registrar of the domain names we acquire. We make our inventory of domain names available to our users via a subscription service which allows them to control their online presence. Users can easily create beautiful websites to promote themselves while also using their name as an email address, e.g., firstname.lastname@example.org, which we feel conveys a much more professional image than what is conveyed when using a free email solution, such as that provided by Google’s gmail.com product. The online and mobile websites and/or email addresses created by Users are collectively referred to herein as (“User Product(s)”).
1.2. Legal Agreement
The SnagYourName Terms constitute a binding and enforceable legal contract between Us and you in relation to the use of any Our Services – so please read them carefully.
1.3. User Account
In order to access and use certain sections and features of the Services, you must first register and create an account at our Website (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your Services’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Services), make changes to your User Product(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Products (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
- We will consider the owner of a User Account, User Product and/or User Content created and/or uploaded to the relevant Service, as the person or entity who has access to the e-mail address then listed in Our records for such User Account under which such User Product or User Content was created. We will consider the owner of such User Account and/or the relevant User Product and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Services (“Billing Information”).
- Notwithstanding the forgoing we shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event we deem, at our sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by us.
2. Your Obligations
2.1. You represent and warrant that:
- you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the SnagYourName Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the SnagYourName Terms;
- you are not a resident of (or will use the Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
- your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
- you understand that we do not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your User Content:
- you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Services for you, to your User Product (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
- you have (and will maintain) the full power, title, licenses, consents and authority to allow Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
- the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Product’s visitors and users (“End Users”) reside, or for us and/or your End Users to access, import, copy, upload, use or possess in connection with the Services;
- you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2. You undertake and agree to:
- fully comply with all applicable laws and any other contractual terms which govern your use of the Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
- be solely responsible and liable with respect to any of the uses of the Services which occur under your User Account and/or User Product(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Services);
- regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Product, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
- receive from time to time promotional messages and materials from us or our partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
- allow us to use in perpetuity, worldwide and free of charge, any version of your User Product (or any part thereof) for any of our marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against us or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Product with respect to such limited permitted uses;
- Our sole discretion as to the means, manner, and method for performing the Services, including those regarding the hosting, transmission, publication and/or display of any User Products and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
- We shall have the right to offer the Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
2.3. You agree and undertake not to:
- copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Website, the Services (or any part thereof), any Content offered by Us or Third Party Services for use and display within User Products (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Our prior written and specific consent and/or as expressly permitted under the SnagYourName Terms;
- submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates Our rights or those of any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
- use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
- upload, insert, collect or otherwise make available within the Website or the Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
- publish and/or make any use of the Services or Licensed Content on any website, media, network or system other than those provided by Us, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Services, Licensed Content and/or User Product (or any part thereof), except as expressly permitted by Us, in advance and in writing;
- use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;
- act in a manner which might be perceived as damaging to Our reputation and goodwill or which may bring Us into disrepute or harm;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use SnagYourName or Our Marks and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the Services and/or User Product, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Us and/or any End Users;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that We or any third party endorses you, your User Product, your business, your User Products, or any statement you make;
- reverse look-up, trace, or seek to trace another User of Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services and/or User Product without their express and informed consent;
- disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services, User Product, the account of another User(s), or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of the Services or any network connected to the Services;
- upload to the Services and/or User Product or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- use any of the Services and/or User Product in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- access to Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Services, except as expressly permitted by the SnagYourName Terms;
- remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services and/or Licensed Content; or
- violate, attempt to violate, or otherwise fail to comply with any of the SnagYourName Terms or any laws or requirements applicable to your use of the Services.
- access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
3. Content and Ownership
3.1. Your Intellectual Property
As between Us and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, logos, illustrations, compositions, artworks, text, emails sent or received using the Service, contacts created using the Service, and literary works. We do not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
3.2. Our Intellectual Property
All rights, title and interest in and to the Services, including any and all domain names, copyrightable materials, or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Us.
Subject to your full compliance with the SnagYourName Terms and timely payment of all applicable Fees, we hereby grant you, upon creating your User Account and for as long as we wish to provide you with the Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Services and Licensed Content, for the purpose of generating and displaying your User Product to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the SnagYourName Terms, and solely within the Services.
The SnagYourName Terms do not convey any right or interest in or to our Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the SnagYourName Terms constitutes an assignment or waiver of our Intellectual Property rights under any law. For avoidance of doubt, We will maintain ownership of the domain name(s) used by you as part of the Services and your usage of such domain names does not convey any right or interest in such domain.
In addition to the above, certain website templates, images, and email services made available to you within the Services, are licensed to us by third party providers, and are therefore subject to additional license terms of such providers.
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by us. By providing such Feedback to us, you acknowledge and agree that it may be used by us in order to: (i) further develop, customize and improve of the Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve its services, (vi) to enhance our data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to us any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
5. Service Fees
The use of Services is subject to payment of particular fees, as determined by us in its sole discretion (“Fee(s)”). We will provide notice of such Fees then in effect in relation to such Services. If you wish to receive or use such Services, you are required to pay all applicable Fees in advance.
We reserves the right to change our Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, we shall have the right to automatically and without notice renew your subscription to such Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by us. To the extent permitted by law (and unless specified otherwise by us in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Services, or to any payments or purchases made by you. If we are obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). We are not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Services, you also authorize us (either directly or through our affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries we or our affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). You must keep a credit card stored with us, or our third-party partner, to pay for your Services (“Stored Card”).
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, we will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Service is subject to a yearly or multiple-year subscription period, we may provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Service, you acknowledge and agree that the Renewing Service shall automatically renew in accordance with the above terms.
You may turn-off the auto-renewal option for Renewing Services at any time by providing us emailed notice to email@example.com.
5.4. Money-Back Guarantee
If you are not satisfied with Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Services (as offered on the Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If we receive such notice within such Refund Period, we will refund to you the amount we charged you for such Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. We will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Services actually received, as permitted by law.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including User Content, emails (sent and received), input contact information, calendars, and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the Services will not resume until you re-subscribe for any such Services, and pay any applicable Fees in full, including any fees and expenses incurred by Us and/or any Third Party Services for each Chargeback received (including Fees for Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to us, we encourage you to first contact our Support team before filing a Chargeback or reversal of payment, in order to prevent the Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Services at any time, in accordance with the instructions available on the Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Services, and the effective date for cancellation of Services shall be at the end of such Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
6.2. Cancellation by Us
Failure to comply with any of the SnagYourName Terms and/or to pay any due Fee shall entitle us to suspend (until full payment is made) or cancel your User Account and User Product (or certain features thereof), as well as the provision of any related Services (e.g., Services) or Third Party Services to you.
6.3. Loss of Data, Content and Capacity
If your User Account or any Services or Third Party Services related to your User Account are cancelled (whether at your request or at our discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including the usage of a domain name that was included in such Services (“Capacity Loss”). We shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Services following their cancellation, as determined by us in our sole discretion.
7. Third Party Services
The Services enable you to engage and procure certain third party services, products and tools for enhancing your User Product and your overall user experience, including, without limitation, third party applications and widgets which may be offered from time-to-time via the Website, third party Licensed Content, media distribution services, sellers of tangible products, third party designers who may assist you with your User Product, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Services, offered separately by us or persons certified or authorized by us, or otherwise offered anywhere on the Services), we merely act as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. We will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to Us and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, we may, at any time and in our sole discretion, suspend, disable access to or remove from your User Account, User Product(s) and/or the Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Product(s) at such time – without any liability to you or to any End Users.
8. Misconduct and Copyrights
8.1. Misconduct and Abuse
When using the Services, you may be exposed to User Products, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Services, please immediately report such User and/or Third Party Service to us by emailing firstname.lastname@example.org. You agree that your report shall not impose any responsibility or liability upon us, and that we may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
We act in accordance with our interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement by emailing email@example.com by providing the following information in such email: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
In the event that we receive notice regarding a copyright infringement related to your User Product or User Website, we may cancel your User Account, take your User Product down or remove any Content in our sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section may be deemed accepted, applicable and compliant with the DMCA, or not, in our sole reasonable discretion. We reserve the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
9. Disclaimer of Warranties
We provide the Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Services – so please be sure to verify those before using or otherwise engaging them.
We may, at our sole discretion (however we shall have no obligation to do so), screen, monitor and/or edit any User Product and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may we be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, we shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Services and/or connecting and/or dealing with any Third Party Services through or in connection with Services, and that we cannot and do not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Please note that certain Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this BETA stage signifies your agreement to participate in such Services’ BETA testing.
10. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Knowledge Campus, Inc., its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Services; (6) events beyond the reasonable control of us, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, pandemic, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
12.1. Changes & Updates
We reserve the right to change, suspend or terminate any of the Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Services (including removal of any materials created by you in connection with the Services) for any reason and/or change any of the SnagYourName Terms with or without prior notice – at any time and in any manner.
You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of those Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Services without enabling such changes, or provide you with alternative Services.
12.2. Governing Law & Jurisdiction; Class Action Waiver
The SnagYourName Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the SnagYourName Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Texas, United States of America, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Travis county, Texas.
Subject to any applicable law, all disputes between you and us shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The SnagYourName Terms, and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between either party.
12.5. Entire Agreement
We may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without our prior written consent. Any attempted or actual assignment thereof without our prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 12.6 shall not in itself grant either Us or you the right to cancel any Services or Third Party Services then in effect.
12.7. Severability & Waivers
If any provision of the SnagYourName Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the SnagYourName Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
12.9. Customer Service Contact
To get in touch with our Customer Service, please use one of the two options below options:
- By calling 512-777-0032; or by
- Sending an email message to firstname.lastname@example.org