Terms of Service

Last Revised May 8, 2020

These Terms of Service ("Terms") is a legal agreement between you (referred to herein as "you" or "your") and Wordmark ("we", "our", or "us") that governs your access to and use of our services, including our website www.wordmark.com ("Website"), as well as any other functionality and services (collectively, the "Services"), and any information, text, links, graphics, logos, photographs, videos, or other materials or arrangements of materials downloaded, uploaded or appearing on the Services (collectively, the "Content"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services. Please read our Privacy Policy and Cookie Policy, which are incorporated within these Terms by reference.

1. Eligibility

Our Services may only be used by persons who may enter into legally binding contracts in accordance with applicable law. Without limiting the foregoing, our Services are not available to persons under 18 years of age, or to persons whose use of the Services has been suspended. If you are at least 14 years old and under 18 years old, you can use our Services only under the supervision of your parents or guardians.

2. Acceptance of these Terms

By using our Services or by registering to use our Services, you represent that you are of legal age to agree to these Terms, and you confirm that you accept the provisions of these Terms, warrant and covenant that:

  1. You have the power and authority to enter into this agreement;
  2. You have provided only true, accurate, current and complete information about yourself during the registration process;
  3. You will not abuse or misuse the Services;
  4. You will not misrepresent your identity or affiliation with any person, or impersonate another person;
  5. You will provide truthful information;
  6. You will maintain and update the information you provide in a timely manner so that it remains true, accurate, current and complete.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.

3. Prohibited use

You may use our Services for legitimate purposes only. Use of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services:

  1. To defame, insult, harass or threaten any person or party or otherwise violate the legal rights of others;
  2. To harvest or otherwise collect information about others, including e-mail addresses;
  3. To advertise, promote, market or solicit any products or services, except as expressly authorized by us or expressly permitted by these Terms;
  4. To upload, publish, use or otherwise make available any –°ontent that contains software viruses or any other malicious computer code, files or programs;
  5. To attempt to gain unauthorized access to user accounts;
  6. To violate our intellectual property rights or the intellectual property rights of others;
  7. To violate any international, federal, provincial or state regulations, rules, laws, or local regulations;
  8. To provide false or misleading information;
  9. To submit Content that displays pornographic or sexually explicit materials of any kind;
  10. To interfere with or circumvent the security features of the Services;
  11. For unauthorized spidering, "scraping," or harvesting of the Website or Content;
  12. In any manner which is not permitted under these Terms;
  13. For any illegal purpose, whether or not this illegal purpose is referred to in these Terms.

We reserve the right to immediately terminate your use of the Services in the event of any of the prohibited uses.

4. Privacy Policy and Cookie Policy

Our Privacy Policy and Cookie Policy describe how we process the information that you provide to us using our Services. You understand that we may collect personal information that may identify you, such as your name and email address, as well as other information that does not identify you. Irrespective of which country you live in, you authorize us to transfer, store and use your information in any country where we operate.

5. Registration

You must create a user account for the Website in order to use our Services. After creation, you will be able to log in to your user account on the Website. You agree: (a) to keep your email address up to date; (b) to maintain confidentiality and protect your password; (c) that you will be responsible for any use of your account, whether it is authorized by you or not; (d) to notify us immediately of any unauthorized use of your account.

6. Purchase of domain names

Before purchasing a domain name or accessing the Website and Services, you must conduct, and are responsible for, a complete research to make sure that you are aware of all the factors affecting your registration and use of the domain name, including, but not limited to, that your subsequent use of the domain name will not violate the rights of third parties, including domain use rights and trademark rights, and that you possess all the necessary information to make an informed purchasing decision.

6.1. Your order is accepted only after we send you a confirmation email.

6.2. If we do not receive a timely response to the email, we reserve the right to cancel your order.

6.3. If for any reason we are unable to provide the Services, we will notify you by email and will not process your order.

6.4. You agree to pay us advance fees for all purchased Services in the amount and currency specified for the Services on our Website at the time of placing the order ("Charges").

6.5. If your order was canceled before the domain transfer took place, and you have already paid for the Services, we will refund the amount received.

6.6. We reserve the right, at our sole discretion, to cancel the order or to suspend the provision of the Services at any time, before or after confirmation of the order, in connection with violations of the Terms, but not limited to them.

6.7. You acknowledge and agree that to ensure the safe and professional provision of the Services, we may utilize the assistance or services of third-party providers, including, but not limited to, providers of escrow services. In most cases, third-party providers will request processing fees that will be paid by us. You acknowledge and agree that depending on the payment method you choose, additional processing fees may be charged that must be paid by you.

7. Transfer of domain names

7.1. A domain name can be transferred from one registrar to another ("External Transfer") by contacting the registrar to which you wish to transfer the name, or from one account into another within the current registrar ("Internal Transfer") with a domain account change. There are certain situations that may interfere with the transfer of a domain name to a new registrar, including, but not limited to, if it is subject to a 60-day change of registrant lock. Due to the complexity of the transfer process, you acknowledge and agree that we decide at our discretion which transfer method will be used for each individual transaction.

7.2. In most cases of the External Transfer and in rare cases of the Internal Transfer, a domain name transfer fee requested by a new or current registrar will be charged. You agree that this fee will be paid by you.

7.3. A successful transfer of the domain name has taken place when the current domain registrant has relinquished technical control of the domain and no longer needs to take any action to allow you to gain technical control of the domain name ("Successful Transfer").

A Successful Transfer will also be deemed to have taken place in the event of any of the following conditions:

  • We receive confirmation from the registrar or registry that the domain transfer is complete;
  • You modify the public domain name WHOIS record;
  • You acknowledge receipt of the domain in writing;
  • We receive confirmation from the registrar or registry that you have control over the domain name;
  • You did not respond to our confirmation request within three (3) days. In this case, the lack of response will be your confirmation of the control over the domain name.

8. Third-party services

Third party products and services may be available through the Services. We do not control these third-party services, and you agree that we are not responsible for your relations or interactions with such services, websites or resources. The availability of any third-party services in connection with our Services does not imply our endorsement or any association between us and their operators. You use these third-party services at your own risk and explicitly relieve us of any possible liability associated with such use.

9. Our intellectual property

9.1. The Services may contain our service marks or trademarks, as well as the marks of our affiliates or other companies, in the form, but not limited to, words, graphics and logos. Your use of the Services does not give you any rights or licenses to use these service marks or trademarks.

9.2. The Content, as found within our Services, is protected by copyright. Copying, distribution, use or publication of the Content outside the Services is strictly prohibited. Your use of the Services does not give you any ownership rights to the Content.

10. Disclaimer

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR ADVICE WITH RESPECT TO ANY SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

FAILURE TO PERFORM IN ADVANCE AN EXAMINATION OF THE DOMAIN NAME FOR THE EXISTENCE OF CONFLICTING RIGHTS, INCLUDING, BUT NOT LIMITED TO, PRIORITY OWNERSHIP RIGHTS, TRADEMARK RIGHTS, AND/OR VIOLATION OF APPLICABLE LAW, IS YOUR SOLE RESPONSIBILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11. Limitation of liability

Under no circumstances, including, but not limited to, negligence, will we or our officers, directors, employees, contractors or agents be liable for any special, indirect, incidental, consequential, punitive, reliance or exemplary damages (including, without limitation, damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these Terms, or that result from your use of or your inability to use the Services, even if we or our authorized representative have been advised of the possibility of such damages.

12. Limitation of damages

In no event will our total liability to you for all damages, losses, and causes of action, arising out of or relating to these Terms or your use of the Services (whether in contract, tort including negligence, warranty, or otherwise), exceed the maximum amount of USD 500.00 per claim; otherwise liability is excluded.

13. Indemnification

You agree to defend, indemnify and hold harmless us and our directors, officers, employees, affiliates and agents from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Services. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this clause. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

14. Reservation of rights

We reserve all of our rights, including but not limited to any and all copyrights, service marks, trademarks, trade secrets, and any other proprietary right that we may have in our Website, Content, and the Services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making the Services available to you. You have no rights to make any commercial uses of our Website, Content or Services, except as described in these Terms or with our prior written consent.

15. Notification of copyright infringement

We respect the intellectual property of others and require that users of our Services do the same. If you are a copyright owner (or an agent of a copyright owner) and believe that any Content posted on our Services infringes upon your copyrights, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act ("DMCA") by sending an e-mail to our Designated Copyright Agent at the e-mail address indicated in the "Contact information" section below.

16. Applicable law

16.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Latvia without regard to its conflict of laws rules. You agree to the exclusive jurisdiction of the courts of the Republic of Latvia for any claim or cause of action arising out of, or relating to or in connection with these Terms or Services, provided that such exclusivity does not apply to legal actions initiated or brought by us.

16.2. We do not bear any responsibility nor assume any risks if, by any reason, the Services violate the national legislation of any country. Those who access the Services do so on their own initiative and are responsible for complying with their national laws.

17. Changes to these Terms

17.1. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms, Privacy Policy and Cookie Policy at any time by posting the amended Terms, Privacy Policy or Cookie Policy on our Website or within the Services. We may provide a notice, such as an e-mail or messaging within our Services, of any significant changes.

17.2. Unless we state otherwise, changes are effective after publication. It is your responsibility to periodically check our Terms for changes. Your continued use of or access to our Website or Services after the publication of any changes to these Terms constitutes your acceptance of these changes.

18. Miscellaneous

18.1. These Terms constitute the entire agreement between you and us and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and us with respect to the Services.

18.2. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

18.3. If any provisions of these Terms are deemed invalid, illegal, or unenforceable, the validity, legality and enforcement of the remaining provisions will not be affected or impaired.

18.4. You and we are independent contractors, and no agency, partnership, or joint venture relationship is intended or created by these Terms.

18.5. You may not assign, subcontract, delegate, or otherwise transfer any of your rights or obligations under these Terms without obtaining our prior written consent. We may freely assign these Terms at our sole discretion.

18.6. We have the right, at our sole discretion, to change, suspend or terminate the operation of our Services or any aspect of our Services, in general or in relation to you, at any time without notice and without liability to you or any third party.

Contact information

Email: info (at) wordmark.com