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Terms of Service
This web page represents a legal document that
serves as our Terms of Service and it governs the legal terms of our website,
http://www.namecarduncle.com, sub-domains, and any associated web-based and
mobile applications (collectively, "Website"), as owned and operated
by Namecarduncle.
Capitalized terms, unless otherwise defined, have
the meaning specified within the Definitions section below. This Terms of
Service, along with our Privacy Policy, any mobile license agreement, and other
posted guidelines within our Website, collectively "Legal Terms",
constitute the entire and only agreement between you and Namecarduncle, and
supersede all other agreements, representations, warranties and understandings
with respect to our Website and the subject matter contained herein. We may
amend our Legal Terms at any time without specific notice to you. The latest
copies of our Legal Terms will be posted on our Website, and you should review
all Legal Terms prior to using our Website. After any revisions to our Legal
Terms are posted, you agree to be bound to any such changes to them. Therefore,
it is important for you to periodically review our Legal Terms to make sure you
still agree to them.
By accessing this web site, you are agreeing to be
bound by these Website Terms and Conditions of Use, all applicable laws and
regulations, and agree that you are responsible for compliance with any
applicable local laws. If you do not agree with any of these terms, you are
prohibited from using or accessing this site. The materials contained in this
Website are protected by applicable copyright and trademark law.
The last update to our Terms of Service was posted
on December 1st, 2020.
Definitions
The terms "us" or "we" or "our" refers to Namecarduncle,
the owner of the Website.
A "Visitor" is someone who merely
browses our Website, but has not registered as Member.
A "Member" is an individual that has
registered with us to use our Service.
Our "Service" represents the collective
functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that
refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and
data offered through our Website are collectively known as our
"Content".
Use License
- Permission is
granted to temporarily download one copy of the materials (information or
software) on Namecarduncle’s Website for personal, non-commercial
transitory viewing only. This is the grant of a license, not a transfer of
title, and under this license you may not:
- modify or copy
the materials;
- use the
materials for any commercial purpose, or for any public display
(commercial or non-commercial);
- attempt to
decompile or reverse engineer any software contained on Namecarduncle’s
web site;
- remove any
copyright or other proprietary notations from the materials; or
- transfer the
materials to another person or “mirror” the materials on any other
server.
- This license
shall automatically terminate if you violate any of these restrictions and
may be terminated by Namecarduncle at any time. Upon terminating your
viewing of these materials or upon the termination of this license, you
must destroy any downloaded materials in your possession whether in
electronic or printed format.
Restricted Uses
Listing of offered products on the Website could be used only for lawful
purposes by Users of the Website. You could not frame or utilize framing
techniques to enclose any hallmark, logo, copyrighted image, or most
proprietary details (consisting of images, text, page layout, or type) of Namecarduncle
without express composed consent. You might not use any meta tags or any
various other "unseen text" utilizing Namecarduncle's name or
trademarks without the express written consent of Namecarduncle. You agree not
to offer or modify any content found on the Website consisting of, however not
limited to, names of Users and Content, or to recreate, display, openly
perform, distribute, or otherwise make use of the Material, in any way for any
public function, in connection with services or products that are not those of Namecarduncle,
in other way that is likely to trigger confusion among consumers, that
disparages or challenges Namecarduncle or its licensors, that dilutes the
strength of Namecarduncle's or its licensor's residential property, or that
otherwise infringes Namecarduncle's or its licensor's copyright rights. You
also agree to abstain from abusing any of the material that appears on the
Site. The use of the Material on any other website or in a networked computer
system environment for any purpose is prohibited. Any code that Namecarduncle
develops to generate or show any Material of the pages making up the Website is
likewise secured by Namecarduncle's copyright, and you may not copy or adjust
such code.
Namecarduncle has no duty to keep track of any
products published, transferred, or connected to or with the Site. If you think
that something on the Website breaches these Terms please contact our marked
representative as set forth below.
If alerted by a User of any products which
allegedly do not conform to these Terms, Namecarduncle could in its single
discernment explore the allegation and figure out whether to take other actions
or ask for the removal or get rid of the Content. Namecarduncle has no liability
or duty to Individuals for efficiency or nonperformance of such activities.
Electronic Communication
You are connecting with us electronically when you go to the Website or send
out emails to us. You consent to get interactions from us online. We will
connect with you by email or by uploading notifications on the Site. You concur
that all contracts notifications, disclosure, and various other communicates
that we provide to you digitally please any legal requirements that such
communications be in writing.
Your Account
If you utilize the Website, you are accountable for maintaining the
confidentiality of your account and password and you accept responsibility for
all activities that happen under your account and password. You also accept not
to reveal any personally identifiable information, consisting of, however not
limited to, first and last names, credentials, or various other details of a
personal nature ("Personal Data") from the Site. Your disclosure of
any Personal Data on the website might result in the immediate termination of
your account. Namecarduncle additionally reserves the right to refuse service,
terminate accounts, and remove or edit Content at it's sole discernment.
Namecarduncle does not guarantee the truthfulness
or represent, precision, or dependability of Content on the site, consisting of
Personal Data. Each Individual is accountable for upgrading and changing any
pertinent account info when essential to preserve the truthfulness, precision,
or reliability of the details.
Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product
and services purchased by means of the Website, so long as the Material is not
unlawful, profane, threatening, defamatory, an invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third parties or
objectionable and does not include or include industrial solicitation, mass
mailings, or any type of "spam." You may not use another User's
account to impersonate a User or entity, or otherwise deceived as to the origin
of the opinions. Namecarduncle books the right (however is not bound) to
eliminate or modify such Material, but does not regularly examine posted
Material.
If you post an evaluation or send comments, and
unless Namecarduncle suggests otherwise, you grant Namecarduncle a
nonexclusive, royalty-free, permanent, irrevocable, and completely
sublicensable right to utilize, recreate, modify, adjust, release, equate,
create derivative works from, distribute, and screen such content throughout
the world, in any media. You grant Namecarduncle and sublicenses the right to
utilize your name in connection with such Material, if they choose. You
represent and require that You own or otherwise control all the rights to the
content that You post; that the content is accurate; that use of the content
You supply does not violate this policy and will not trigger injury to anyone
or entity; which You will indemnify Namecarduncle for all claims resulting from
Content You supply. Namecarduncle has the right but not the commitment to edit
and keep track of or eliminate any task or Material. Namecarduncle takes no
duty and assumes no liability for any content published by You or any 3rd
party.
Legal Compliance
You agree to comply with all applicable domestic and international laws,
statutes, ordinances, and regulations regarding your use of our Website. Namecarduncle
reserves the right to investigate complaints or reported violations of our
Legal Terms and to take any action we deem appropriate, including but not
limited to canceling your Member account, reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials, IP
addresses and traffic information, as allowed under our Privacy Policy.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our
affiliates or other companies, in the form of words, graphics, and logos. Your
use of our Website does not constitute any right or license for you to use such
service marks/trademarks, without the prior written permission of the
corresponding service mark/trademark owner. Our Website is also protected under
international copyright laws. The copying, redistribution, use or publication
by you of any portion of our Website is strictly prohibited. Your use of our
Website does not grant you ownership rights of any kind in our Website.
Revisions and Errata
The materials appearing on Namecarduncle’s Website could include technical,
typographical, or photographic errors. Namecarduncle does not warrant that any
of the materials on its Website are accurate, complete, or current. Namecarduncle
may make changes to the materials contained on its Website at any time without
notice. Namecarduncle does not, however, make any commitment to update the
materials.
Disclaimer
The materials on Namecarduncle's
Website are provided "as is" Namecarduncle makes no
warranties, expressed or implied, and hereby disclaims and negates all other
warranties, including without limitation, implied warranties or conditions of
merchantability, fitness for a particular purpose, or non-infringement of
intellectual property or other violation of rights. Further, Namecarduncle does
not warrant or make any representations concerning the accuracy, likely
results, or reliability of the use of the materials on its Internet Website or
otherwise relating to such materials or on any sites linked to this site. The
Website serves as a venue for Individuals to purchase distinct service or
products. Neither Namecarduncle nor the Website has control over the quality or
fitness for a particular function of a product. Namecarduncle likewise has no
control over the accuracy, reliability, completeness, or timeliness of the
User-submitted details and makes no representations or warranties about any
info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY NAMECARDUNCLE
ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. NAMECARDUNCLE MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS WEBSITE OR THE INFO,
MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON
OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED
OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR
OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE
LAW, NAMECARDUNCLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR
A PARTICULAR PURPOSE. NAMECARDUNCLE DOES NOT WARRANT THAT THIS WEBSITE;
DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR
SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE;
ITS SERVERS; OR EMAIL SENT FROM NAMECARDUNCLE ARE WITHOUT VIRUSES OR OTHER
HARMFUL ELEMENTS. NAMECARDUNCLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR
OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS
OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL NAMECARDUNCLE’S LIABILITY
DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE,
DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE
WARRANTY OR OTHERWISE), GO BEYOND $100.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided
solely as a convenience to you. By linking to these websites, we do not create
or have an affiliation with, or sponsor such third party websites. The
inclusion of links within our Website does not constitute any endorsement,
guarantee, warranty, or recommendation of such third party websites. Namecarduncle
has no control over the legal documents and privacy practices of third party
websites; as such, you access any such third party websites at your own risk.
Site Terms of Service Modifications
Namecarduncle may revise these Terms of Service for its Website at any time
without notice. By using this Website you are agreeing to be bound by the then
current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to Namecarduncle’s Website shall be governed by the laws of
Singapore without regard to its conflict of law provisions, and You consent to
exclusive jurisdiction and venue in such courts.
Indemnity
You accept defend, indemnify, and hold safe Namecarduncle,
its affiliates, and their corresponding officers, directors, agents and
workers, from and against any claims, actions or demands, including without
limitation affordable legal, accounting, and other provider charges, affirming
or resulting from (i) any Content of most material You offer to the Site, (ii)
Your use of any Content, or (iii) Your breach of the terms of these Terms. Namecarduncle
will provide notice to You promptly of any such claim, match, or case.
General Terms
Our Legal Terms shall be treated as though it were executed and performed in
Singapore and shall be governed by and construed in accordance with the laws of
Singapore without regard to conflict of law principles. In addition, you agree
to submit to the personal jurisdiction and venue of such courts. Any cause of
action by you with respect to our Website, must be instituted within one (1)
year after the cause of action arose or be forever waived and barred. Should
any part of our Legal Terms be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that any Content in our
Website conflicts or is inconsistent with our Legal Terms, our Legal Terms
shall take precedence. Our failure to enforce any provision of our Legal Terms
shall not be deemed a waiver of such provision nor of the right to enforce such
provision. The rights of Namecarduncle under our Legal Terms shall survive the
termination of our Legal Terms.