1. MODIFICATIONS TO TERMS. We reserve the right to modify these Terms from time to time at its sole discretion. We will provide notice to you of any material changes to the Terms by posting notice to the Site. Your continued use of the Site thirty (30) days after we provide notice to you of any modification will constitute your agreement to the Terms then posted on the Site. We encourage you to check back regularly to review these Terms at least once every thirty (30) days.
2. MODIFICATIONS TO SITE. We reserve the right to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuance.
3. POSTING USER GENERATED CONTENT ON THE SITE. You may have the ability to interact with the Site and other users by posting comments, engaging in project discussions, participating in forums, uploading photos, or a variety of other ways (all such submissions or postings collectively referred to as “User Generated Content”). You hereby grant us a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such User Generated Content under the laws of any jurisdiction. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license.
4. USER SUBMISSIONS. When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to us you represent, warrant, and agree that: (a) your Submissions do not include confidential or proprietary information; (b) if we so choose, we may use and disclose your Submissions in any way; and (c) we have no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
5. PROHIBITED CONDUCT. You must not do, or attempt to do, any of the following, as reasonably determined by us, subject to applicable law:
A. access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
B. access, tamper with, or use services or areas of the Site that you are not authorized to access;
C. alter information on or obtained from the Site;
D. use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
E. frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Generated Content for any purpose except as expressly permitted in writing by us;
F. impersonate or misrepresent your affiliation with any person or entity;
G. reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
H. send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
I. take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
6. PROTECTION OF SITE CONTENT. The Site is protected by intellectual property laws and you agree to respect them. We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights we have in the content on this Site, to privately display and perform the Site on your computer for your own personal, noncommercial purposes. We reserve all other rights in the content on this Site, on its own behalf and on the behalf of its licensors, and we do not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on this Site without prior written consent from us or the third-party owner of the rights in that User Generated Content (if any).
9. INDEMNIFICATION. You agree to indemnify, defend and hold us and our subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from: (i) your access to and use of the Site; (ii) your dealings with third parties who provide advertisements, offers or links; (iii) any User Generated Content; or (iv) your breach of any term of these Terms.
0. DISCLAIMER OF WARRANTIES. WE PROVIDE THE SITE “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
12. COPYRIGHT INFRINGEMENT. We respect the intellectual property rights of others and request that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing its copyright agent with the following information in writing:
A. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
B. identification of the copyrighted work that you claim has been infringed;
C. identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (for example, by providing a URL to the material);
D. your name, address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at:
Rightside Group, Ltd.
5808 Lake Washington Blvd. Ste. 300
Kirkland, WA 98033
(425) 298-2780 (fax)
13. CUSTOMER SUPPORT. We have no obligation to provide you with customer support of any kind.
14. NOTICES AND CONTACT INFORMATION. Except as otherwise provided in these Terms, we will give you any notices by posting them on the Site. You also authorize us to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by us via electronic mail, whether or not received by you. We may provide notice to any e-mail or other address that you provide to us. You must keep your address current and any notice sent by us to the address that you have most recently provided is effective notice. You must send us any notice by mailing it to our address for legal notices which is: Rightside, 5808 Lake Washington Blvd. Ste. 300, Kirkland, WA 98033, Attn: Legal Department.
15. ADDITIONAL TERMS.
A. No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
B. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
C. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without our express written permission. Any attempt by you to assign, transfer or delegate these Terms without our express written permission will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
D. Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of Washington, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and we submit to the exclusive personal jurisdiction and venue of the state and federal courts located within King County, Washington.
E. Limitations on Actions. Any action concerning any dispute with respect to the Site must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
F. Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
H. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
If you have a complaint, you may contact us at: Rightside, 5808 Lake Washington Blvd. Ste. 300, Kirkland, WA 98033, Attn: Legal Department. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
The Rightside trademark and all related names, logos, product and service names, designs and slogans are trademarks and/or registered trademarks of Rightside Group, Ltd. or its affiliates in the United States and/or other countries. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans are trademarks of their respective owners. You may not use any Rightside trademarks without express written permission from Rightside and only in accordance with Rightside’s Trademark Guidelines. All rights are reserved.