By
Your Name Here’s Terms of Use
September
15,
2019
Welcome
to the By Your Name Here’s Terms of Use agreement. For purposes of this agreement,
“Site” refers to the Company’s website, which can be accessed at
byyournamehere.com. “Service” refers to the Company’s services accessed via the
Site. The terms “we,” “us,” and “our” refer to the Company.
“You” refers to you, as a user of our Site or our Service.
The
following Terms of Use apply when you view or use the Service
Please
review the following terms carefully. By accessing or using the Service, you signify your agreement
to these Terms of Use. If you do not agree to be bound by these Terms of Use
in their entirety, you may not access or use
the Service.
PRIVACY POLICY
The
Company respects the privacy of its Service users. Please refer to the Company’s Privacy
Policy (found here: byyournamehere.com/privacy) which explains how we collect, use, and disclose
information that pertains to your privacy. When you access or use the Service, you signify your
agreement to the Privacy Policy as well as these Terms of Use.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF
THE SERVICE
You
need to be at least 13 years old and a resident of the United States to register for and use the
Service.
If you
are a user who signs up for the Service, you will create a personalized account that includes a
unique username and password to access the Service and to receive messages from the
Company.
You
agree to
(a)
maintain the security of your passwords and identification,
(b)
promptly update the email address listed in connection with your account to keep it accurate so that
we can contact you, and
(c) be
fully responsible for all uses of your account. You must not set up an account on behalf of another
individual or entity unless you are authorized to do so.
Termination:
By Your Name Here reserves the right to modify or discontinue your account at any time for any
reason or no reason at all.
USE RESTRICTIONS
Your
permission to use the Site is conditioned upon the following use, posting and conduct
restrictions:
You
agree that you will not under any circumstances:
·
access the Service for any reason other than your personal, non-commercial use solely as permitted
by the normal functionality of the Service,
·
collect or harvest any personal data of any user of the Site or the Service
·
use the Site or the Service for the solicitation of business in the course of trade or in connection
with a commercial enterprise;
·
distribute any part or parts of the Site or the Service without our explicit written permission (we
grant the operators of public search engines permission to use spiders to copy materials from the
site for the sole purpose of creating publicly available searchable indices but retain the right to
revoke this permission at any time on a general or specific basis);
·
use the Service for any unlawful purpose or for the promotion of illegal activities;
·
attempt to, or harass, abuse or harm another person or group;
·
use another user’s account without permission;
·
intentionally allow another user to access your account;
·
provide false or inaccurate information when registering an account;
·
interfere or attempt to interfere with the proper functioning of the Service;
·
make any automated use of the Site, the Service or the related systems, or take any action that we
deem to impose or to potentially impose an unreasonable or disproportionately large load on our
servers or network infrastructure;
·
bypass any robot exclusion headers or other measures we take to restrict access to the Service, or
use any software, technology, or device to scrape, spider, or crawl the Service or harvest or
manipulate data;
·
circumvent, disable or otherwise interfere with any security-related features of the Service or
features that prevent or restrict use or copying of content, or enforce limitations on use of the
Service or the content accessible via the Service; or
·
publish or link to malicious content of any sort, including that intended to damage or disrupt
another user’s browser or computer.
POSTING AND CONDUCT
RESTRICTIONS
When
you create your own personalized account, you may be able to provide textual, visual, and audio
content (“User Content”) including but not limited to comments and stories to the
Service. You are solely responsible for the User Content that you post, upload, link to or otherwise
make available via the Service.
You
agree that we are only acting as a passive conduit for your online distribution and publication of
your User Content. The Company, however, reserves the right to remove any User Content from the
Service at its sole discretion.
We
grant you permission to use and access the Service, subject to the following express conditions
surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a
material breach of these Terms.
By
transmitting and submitting any User Content while using the Service, you agree as
follows:
·
You are solely responsible for your account and the activity that occurs while signed in to or while
using your account;
·
You will not post information that is malicious, libelous, false or inaccurate;
·
You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or
racially, sexually, religiously, or otherwise objectionable and offensive;
·
You retain all ownership rights in your User Content but you are required to grant the following
rights to the Site and to users of the Service as set forth more fully under the “License
Grant” and “Intellectual Property” provisions below: When you upload or post User
Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free,
transferable license to use, reproduce, distribute, prepare derivative works of, display, and
perform that Content in connection with the provision of the Service; and you grant to each user of
the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through
the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform
such Content to the extent permitted by the Service and under these Terms of Use;
·
You will not submit content that is copyrighted or subject to third party proprietary rights,
including privacy, publicity, trade secret, or others unless you are the owner of such rights or
have the appropriate permission from their rightful owner to specifically submit such content;
and
·
You hereby agree that we have the right to determine whether your User Content submissions are
appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and
terminate your account with or without prior notice.
You
understand and agree that any liability, loss or damage that occurs as a result of the use of any
User Content that you make available or access through your use of the Service is solely your
responsibility. The Site is not responsible for any public display or misuse of your User
Content.
The
Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we,
or technology we employ, may monitor and/or record your interactions with the Service or with other
Users.
ONLINE CONTENT DISCLAIMER
Opinions,
advice, statements, offers, or other information or content made available through the Service, but
not directly by the Site, are those of their respective authors, and should not necessarily be
relied upon. Such authors are solely responsible for such content.
We do
not guarantee the accuracy, completeness, or usefulness of any information on the Site or the
Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any
opinion, advice, or statements made by other parties. We take no responsibility and assume no
liability for any User Content that you or any other user or third party posts or sends via the
Service. Under no circumstances will we be responsible for any loss or damage resulting from
anyone’s reliance on information or other content posted on the Service, or transmitted to
users.
Though
we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or
objectionable when you use or access the Site or the Service. We reserve the right, but have no
obligation, to monitor the materials posted in the public areas of the Site or the Service or to
limit or deny a user’s access to the Service or take other appropriate action if a user
violates these Terms of Use or engages in any activity that violates the rights of any person or
entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have
the right to remove any material that in its sole opinion violates or is alleged to violate, the law
or this agreement or which might be offensive, or that might violate the rights, harm, or threaten
the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution
under Federal, State and local law. If you become aware of misuse of our Service or violation of
these Terms of Use, please contact us admin@byyournamehere.com.
LINKS TO OTHER SITES AND/OR
MATERIALS
As
part of the Service, we may provide you with convenient links to a third-party website(s)
(“Third Party Sites”) as well as content or items belonging to or originating from third
parties (the “Third Party Applications, Software or Content”). These links are provided
as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party
Applications, Software or Content or the promotions, materials, information, goods or services
available on these Third Party Sites or Third Party Applications, Software or Content. Such
Third-Party Sites and Third Party Applications, Software or Content are not investigated, monitored
or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third
Party Sites accessed through the Site or any Third Party Applications, Software or Content posted
on, available through or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites
or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use
or installation of any Third Party Site or any Third Party Applications, Software or Content does
not imply our approval or endorsement. If you decide to leave the Site and access the Third Party
Sites or to use or install any Third Party Applications, Software or Content, you do so at your own
risk and you should be aware that our terms and policies, including these Terms of Use, no longer
govern. You should review the applicable terms and policies, including privacy and data gathering
practices, of any Third Party Site to which you navigate from the Site or relating to any
applications you use or install from the Third Party Site.
LICENSE GRANT
By
posting any User Content via the Service, you expressly grant, and you represent and warrant that
you have the right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual,
irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information
regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative
works of all such User Content and your name, voice, and/or likeness as contained in your User
Content, if applicable, in whole or in part, and in any form, media or technology, whether now known
or hereafter developed, for use in connection with the Service.
INTELLECTUAL PROPERTY
You
acknowledge and agree that we and our licensors retain ownership of all intellectual property rights
of any kind related to the Service, including applicable copyrights, trademarks, and other
proprietary rights. Other product and company names that are mentioned on the Service may be
trademarks of their respective owners. We reserve all rights that are not expressly granted to you
under these Terms of Use.
EMAIL MAY NOT BE USED TO PROVIDE
NOTICE
Communications
made through the Service’s email and messaging system will not constitute legal notice to the
Site, the Service, or any of its officers, employees, agents or representatives in any situation
where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN
ELECTRONIC FORM
For
contractual purposes, you: (a) consent to receive communications from us in an electronic form via
the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices,
disclosures, and other communications that we provide to you electronically satisfy any legal
requirement that such communications would satisfy if it were in writing. The foregoing does not
affect your non-waivable rights.
We may
also use your email address to send you other messages, including information about the Site or the
Service and special offers. You may opt out of such email by sending an email to admin@byyournamehere.com.
Opting
out may prevent you from receiving messages regarding the Site, the Service or special
offers.
WARRANTY DISCLAIMER
THE
SERVICE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE
FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING
THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO
WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR
USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS
LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES;
RELEASE
TO THE
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES,
DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS,
USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER
ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR
INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE
SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT
PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you
have a dispute with one or more users, a restaurant or a merchant of a product or service that you
review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint
ventures and employees) from claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, arising out of or in any way connected with such
disputes.
If you
are a California resident using the Service, you may specifically waive California Civil Code
§1542, which says: “A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor.”
MODIFICATION OF TERMS OF USE
We can
amend these Terms of Use at any time and will update these Terms of Use in the event of any such
amendments. It is your sole responsibility to check the Site from time to time to view any such
changes in this agreement. Your continued use of the Site or the Service signifies your agreement to
our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms
by posting a notice on our homepage and/or sending an email to the email address you provided to us
upon registration. For this additional reason, you should keep your contact and profile information
current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our
rights hereunder shall not be valid or effective except in a written agreement bearing the physical
signature of one of our officers. No purported waiver or modification of this agreement on our part
via telephonic or email communications shall be valid.
GENERAL TERMS
If any
part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of
the agreement will be construed as to be consistent with applicable law while the remaining portions
of the agreement will remain in full force and effect. Any failure on our part to enforce any
provision of this agreement will not be considered a waiver of our right to enforce such provision.
Our rights under this agreement survive any transfer or termination of this agreement.
You
agree that any cause of action related to or arising out of your relationship with the Company must
commence within ONE year after the cause of action accrues. Otherwise, such a cause of action is
permanently barred.
These
Terms of Use and your use of the Site are governed by the federal laws of the United States of
America and the laws of the State of Kentucky, without regard to conflict of law
provisions.
We may
assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any
person or entity at any time with or without your consent. You may not assign or delegate any rights
or obligations under the Terms of Service or Privacy Policy without our prior written consent, and
any unauthorized assignment or delegation by you is void.
YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY
THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE
PRIVACY POLICY AT byyournamehere.com/privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.