Terms of Use

CMI MARKETING INC NameCandy.com Terms of Use Agreement aka The Fine Print This page lays out the terms of use for NameCandy.com, part of CMI MARKETING INC. What's In a Name? NameCandy.com is an open forum for serious discussion of names. Our community is for sharing insights and opinions on names. It is not a forum for hate or negativity. A name is a person's identity; so when you post on NameCandy.com, remember that you're not "reviewing" a product, you're making a comment about someone's whole identity. Feel free to give candid opinions, but try to explain what you like or don't like about the name -- don't just bash people who choose it. If you are not sure whether something is appropriate to post on NameCandy.com, imagine a 12-year-old reading your comment about his/her own name. And you should never post anything to Name Candy that: * is racist, bigoted or offensive, * harasses, sexual or otherwise, anybody, * contains violence, threats of violence or images of violence, * contains nudity, or * encourages any of the above. Our Content Content created by Name Candy belongs to Name Candy and is protected by copyright, trademark, patent, trade secret and other laws. Name Candy owns and retains all rights in content created by Name Candy. Name Candy grants you a limited, revocable, non-sublicensable license to reproduce and display Name Candy content (excluding software code) solely for your individual use when using Name Candy. You do not have the right to reproduce, distribute, modify, translate, publish, broadcast, transmit, perform, display, or sell any Content appearing on or through Name Candy. Your Content You must understand that anything you post to Name Candy may be copied, modified, translated, publicly performed, stored or distributed. This may even occur after you terminate your account. Everyone Else's Content You may not upload, download, republish or encourage others to upload, download or republish copyrighted works, trademarks or other proprietary information on Name Candy without obtaining the prior written consent of the owner of the rights. In the event a user repeatedly infringes a copyright, Name Candy may terminate the user's rights to use Name Candy. If you are a copyright or trademark owner who believes that your rights have been violated on NAme Candy, please send a notice to our Copyright Agent pursuant to 17 USC §512. That notice should contain an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work, a description of the copyrighted work that you claim has been infringed, a description of where the infringing material is located, your address, telephone number and email address, a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be contacted at info@generationgrownup.com. Truth Do not lie or mislead when posting Content on Name Candy. Justice Do not use Name Candy to engage in any type of criminal or tortious behavior, including but not limited to child pornography, solicitation, trafficking in obscene material, illegal narcotic distribution, gambling, stalking, building or distributing illegal weapons and bombs, fraud, copyright or patent infringement, theft of trade secrets, stalking, computer crimes, privacy violations or harassment. NameCandy.com, its community and tools may not be used where prohibited. Furthermore, Name Candy should not be used in any way that is inconsistent with applicable laws. People Name Candy is an online community for people interested in baby names, not a source of information about where people live or how they can be contacted. That means that you should not solicit personal information, provide telephone numbers, street addresses, last names, URLs or email addresses to anyone. The site is designed by people for people. That means you should not use automated scripts on the site or system. Name Candy is a site for people over 13 years old. If you are aged 14 - 18, please make sure your parent knows you are using Name Candy. Machines Nobody should create or disseminate computer viruses, hacks or intrusions on or using Name Candy. Nor should users disrupt or interfere with Name Candy. You Agree… You represent and warrant (legaleze for "you are telling us under oath") that: * Your registration information is true and accurate, and you will update it as necessary; * You are at least 14 years of age; * You are not violating any rules or laws in using Name Candy. * You own or posses the right to post any text, images, videos, sounds and other files ("Content") you post to Name Candy. * You have not violated anybody's rights, including privacy, intellectual property and publicity rights, by posting Content. Personal Use Only You are invited to use Name Candy for personal use. Name Candy is not, however, to be used by its members for commercial purposes unless expressly approved by Name Candy. This means, among other things, that you may not post advertisements on Name Candy, frame Name Candy, or compile user names, user pages or email addresses from Name Candy. It also means that you may not use it to send junk mail, chain letters, mass mailings, spimming or spamming. Making Money Name Candy is not self-sustaining. It must be able to earn money to operate. Among the things that it does to earn money is sell banner advertising. Name Candy has no current intention of charging its users a fee, but it reserves the right to do so in the future. Passwords The password you select for Name Candy is your responsibility. That means that you must maintain it as confidential if you want it to be confidential. If you have lost, forgotten or need to change your password, you can click the "login" button and follow the instructions to change or retrieve your password. If you suspect that somebody is using your password improperly, you should contact info@generationgrownup.com for assistance. Rights Name Candy retains all of the legal rights to control its site, service and membership. That means that Name Candy has the absolute right to unilaterally delete anything that is posted to any webpage, and to terminate your account at any time for any reason. And, if Name Candy does so, it shall not be liable to you or anybody else for damages, whether indirect, consequential, exemplary, incidental, special or punitive, including lost profits. Monitoring and Moderation Name Candy recognizes that its users have significant power and control regarding what is posted on it. Despite retaining total legal control, Name Candy has neither the ability nor the desire to monitor all posts at all times. And, even if Name Candy does become aware of a particular post, Name Candy may not remove the post when others think that it should. As such, Name Candy assumes no obligation to monitor or control what Content is posted. Name Candy cannot be responsible for the accuracy or opinions of what is posted on it. Nor can Name Candy be responsible for what its advertisers promote or sell. Indemnification You agree to indemnify and hold Name Candy, its subsidiaries and affiliates, and its officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of Name Candy, your violation of these terms of use, the privacy policy or the End User License Agreement. As Is Name Candy provides its site and service "AS IS." Name Candy does not guarantee anything. Name Candy disclaims any warranty of fitness for a particular purpose or merchantability. Location If there is a dispute between you and Name Candy, it shall be resolved by a court in New York applying the laws of New York without regard for conflicts of law. Further, you agree to personal jurisdiction by and venue in the state and federal courts of New York. This Agreement applies whether you are simply visiting the website or whether you participate in the Name Candy community. And to be clear, this Agreement applies to all aspects of Name Candy, including the use of its website and its client applications, from now until eternity. And, this Agreement does not replace other Name Candy policies. Users must also understand that they are agreeing to Name Candy's Privacy Policy and, if appropriate, the End User License Agreement. Just as in any committed relationship, the rules may change over time. As such, you must understand that Name Candy may change this Agreement from time to time, and that you will be bound by any revisions. If you do not agree to the terms set forth above, please do not visit the website, participate in the community or use the tools.