Terms & Conditions

Welcome to NamesKey!

These terms and conditions outline the rules and regulations for the use of NamesKey’s Website, located at https://nameskey.com/.

By accessing this website we assume you accept these terms and conditions. Do not continue to use NamesKey if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing NamesKey, you agreed to use cookies in agreement with the NamesKey’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, NamesKey and/or its licensors own the intellectual property rights for all material on NamesKey. All intellectual property rights are reserved. You may access this from NamesKey for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from NamesKey
  • Sell, rent or sub-license material from NamesKey
  • Reproduce, duplicate or copy material from NamesKey
  • Redistribute content from NamesKey

ACKNOWLEDGMENT

These Terms and Conditions govern the use of the Service and constitute the agreement between You and the Company. By accessing or using the Service, You represent that You are at least 16 years of age, that You have read and understood these Terms, and that You agree to be bound by them. If You are using the Service on behalf of a company or other legal entity, You represent that You have the authority to bind that entity to these Terms, in which case “You” refers to that entity.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with our Privacy Policy, which describes Our policies and procedures on the collection, use, and disclosure of Your personal information. Please read Our Privacy Policy carefully before using Our Service.

USER ACCOUNTS

Account Registration When You create an Account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your Account.

Account Security You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a third-party service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account at hello@nameskey.com. You may not use as a username the name of another person or entity, a name that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity without appropriate authorization.

Account Termination We reserve the right to terminate or suspend Your Account immediately, without prior notice or liability, for any reason, including if You breach these Terms. Upon termination, Your right to use the Service will immediately cease. If You wish to terminate Your Account, You may simply discontinue using the Service or contact Us at hello@nameskey.com.

INTELLECTUAL PROPERTY

Our Content The Service and its original content — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software — are the exclusive property of NamesKey or its content suppliers and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Content By posting, uploading, submitting, or otherwise making available any Content through the Service, You grant Us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with operating and improving the Service. You represent and warrant that You own or have the necessary licenses, rights, consents, and permissions to grant the above license, and that Your Content does not violate the rights of any third party.

Feedback If You provide Us with any Feedback regarding the Service, You hereby assign to Us all rights in such Feedback and agree that We shall have the right to use and fully exploit such Feedback and related information in any manner We consider appropriate. We will treat any Feedback You provide as non-confidential and non-proprietary.

ACCEPTABLE USE

You agree to use the Service only for lawful purposes and in a manner consistent with these Terms and all applicable local, national, and international laws and regulations. You agree not to use the Service:

  • In any way that violates any applicable local, national, or international law or regulation.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which may harm the Company or users of the Service.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • To use any robot, spider, crawler, scraper, or other automated means to access the Service for any purpose without Our express written permission.
  • To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • To collect or harvest any personally identifiable information from the Service, including account names, without authorization.
  • To use the Service for any commercial solicitation purposes without Our prior written consent.

We reserve the right to terminate Your access to the Service for any violation of these acceptable use provisions.

INTELLECTUAL PROPERTY INFRINGEMENT

Reporting Claims We respect the intellectual property rights of others. If You believe that any Content available through the Service infringes a copyright or other intellectual property right You own or control, please send a written notice to hello@nameskey.com with the subject line “IP Infringement Claim.” Your notice must include: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and its location on the Service; (c) Your contact information; (d) a statement that You have a good faith belief that use of the material is not authorized; and (e) a statement, under penalty of perjury, that the information in the notice is accurate and that You are authorized to act on behalf of the copyright owner.

Repeat Infringers It is Our policy to terminate the accounts of users who are determined to be repeat infringers.

THIRD-PARTY LINKS AND SERVICES

The Service may contain links to third-party websites or services that are not owned or controlled by NamesKey. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any such third parties or their websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

The Service uses Google Places — operated by Google — to return information about places. Your use of Google Places through our Service is subject to Google’s Terms of Service at https://policies.google.com/terms and Google’s Privacy Policy at https://www.google.com/intl/en/policies/privacy/.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The Company makes no warranty or representation that: (a) the Service will meet Your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; or (d) any errors in the Service will be corrected. No advice or information, whether oral or written, obtained by You from the Company or through the Service will create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by applicable law.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

To the extent not prohibited by law, the Company’s total aggregate liability to You for all claims arising from or relating to the Service or these Terms shall not exceed the greater of: (a) the amount You paid to the Company in the 12 months immediately preceding the event giving rise to the claim; or (b) one hundred US dollars (USD $100).

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages. In such jurisdictions, the limitations above apply to the fullest extent permitted by applicable law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) Your use of the Service; (b) Your violation of these Terms; (c) Your violation of any third-party rights, including any intellectual property rights or privacy rights; or (d) any Content You submit, post, or transmit through the Service. This obligation will survive the termination of these Terms and Your use of the Service.

TERMINATION

We may terminate or suspend Your Account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if You breach these Terms. Upon termination, Your right to use the Service will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

If You wish to terminate Your Account, You may contact Us at hello@nameskey.com or discontinue use of the Service. Termination of Your Account does not relieve You of any obligations You incurred prior to termination.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding our Service and supersede and replace any prior agreements We might have between Us regarding the Service.

DISPUTE RESOLUTION

Informal Resolution Before filing a formal legal claim, You agree to first contact Us at hello@nameskey.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving Your notice. If the dispute cannot be resolved informally within that period, either party may pursue formal dispute resolution as set forth below.

Governing Jurisdiction Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Idaho, United States, and You consent to the personal jurisdiction of such courts. Notwithstanding the foregoing, the Company reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of Our intellectual property rights or other proprietary rights.

Waiver of Class Actions To the fullest extent permitted by applicable law, You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than through arbitration, You waive any right to a jury trial.

CALIFORNIA USERS — ADDITIONAL RIGHTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If You have a complaint regarding the Service, You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

EU / EEA USERS — ADDITIONAL RIGHTS

If You are located in the European Union or European Economic Area, You may have rights under applicable consumer protection laws that cannot be excluded or limited by contract. Nothing in these Terms is intended to limit or waive any rights You may have under applicable EU consumer protection legislation, including the right to withdraw from a contract within 14 days (where applicable) and the right to seek redress through your national courts or an alternative dispute resolution body. If there is a conflict between these Terms and applicable mandatory EU consumer protection law, the mandatory provisions of EU law shall prevail.

CHANGES TO THESE TERMS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. We will notify You via email and/or a prominent notice on Our Service prior to the change becoming effective and update the “Last Updated” date at the top of these Terms. By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, please stop using the Service.

SEVERABILITY AND WAIVER

Severability If any provision of these Terms is held to be unenforceable or invalid under applicable law, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy Policy at https://nameskey.com/, constitute the entire agreement between You and NamesKey concerning the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service. If there is any conflict between these Terms and any other agreement You have with Us, these Terms will control unless the other agreement specifically states that it supersedes these Terms.

CONTACT US

If you have any questions about these Terms and Conditions, wish to report a concern, or need to reach us for any legal matter, please contact us: