LAST UPDATED: December 13, 2015
3. User Submissions
a. Unsolicited Submissions Policy. ONG is pleased to hear from its loyal fans and welcomes your comments regarding ONG. Except where ONG specifically requests comments or submissions, ONG does not accept or consider creative ideas, suggestions, or materials. This policy is designed to avoid misunderstandings if projects developed by ONG’s professional staff seem to others to be similar to their own creative work. Accordingly, ONG requests that your comments relate to those services and products offered by ONG, and that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the unsolicited submission against ONG (including copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant ONG a nonexclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered, and you waive the right to receive any financial or other consideration in connection with such unsolicited submission (including credit). You release ONG, our affiliates, and each of our respective officers, directors, agents, subsidiaries, joint ventures, employees, successors, and assigns (collectively, our “Affiliates”) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including all claims for theft of ideas or copyright infringement.
b. Solicited Submission Policy. Where ONG has specifically invited or requested submissions, ONG encourages members of the public to submit user content (e.g. postings to chatrooms, participation in communities, videos, etc.) to ONG or directly on the Web Site in community areas (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting a User Submission on our Web Site, you expressly grant ONG a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and ONG will be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
d. User Published Content. User Submissions do not represent the views of ONG or any individual associated with ONG, and we do not control this content. In no event will you represent or suggest, directly or indirectly, ONG’s endorsement of User Submissions. ONG does not vouch for the accuracy or credibility of any User Submissions on our Web Site, and does not take any responsibility or assume any liability for any actions you may take as a result of viewing or posting User Submissions on our Web Site. Through your use of the Web Site and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks.
4. Access to Web Site. ONG makes no promise that the Services available on the Web Site are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Web Site from territories where its Content is illegal or unlawful is prohibited. If you choose to access this Web Site from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to your use and activities on the Web Site.
5. Services, Content, and Specifications.
a. Service and Content Details. Details of the Services available for purchase are set out on the Web Site. All prices are displayed inclusive of all taxes. All features, Content, specifications, products, Services, and prices of described or depicted on this Web Site are subject to change at any time without notice. The inclusion of any Content, Services, or products on this Web Site at a particular time does not imply or warrant that this Content, Services, or products will be available at any time.
b. Publisher Earnings. You can choose to earn money and share in the advertising rights earned from any profile pages or groups on your account, which will be paid according to the membership level you select on the My Accounts page on the Web Site. By selecting a membership level, you offer to purchase the membership level you select and to pay all amounts associated with this selection.
1. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness or accuracy of any information on this Web Site. In addition, we may make changes in information about price and availability without notice.
2. Hyperlinks. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Web Site, so long as: (i) the hyperlinks only incorporate text, and do not use any ONG logo or graphic, (ii) the hyperlinks do not suggest any affiliation with ONG or cause any other confusion, (iii) the hyperlinks do not portray ONG or its Services in a false, misleading, derogatory, or otherwise offensive matter, and (iv) the hyperlinks are not on a web site that contains content that is inappropriate for children or that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, that violates any right of any third party, or is otherwise objectionable to ONG. Any permitted hyperlinks to this Web Site must comply will all applicable laws, rules, and regulations. ONG reserves the right to suspend or prohibit linking to the Web Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
3. Third Party Links. This Web Site contains links to web sites that are not owned, operated or controlled by ONG or its Affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our Affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.
5. Account Registration and Security. You understand that you may need to create an account to have access to certain parts of the Web Site. In consideration of your use of the Web Site, you will provide (and maintain) true, accurate, current and complete information about yourself and your business as prompted by the Web Site's registration form. If you provide any information that is or that ONG has reasonable grounds to suspect is untrue, inaccurate, not current, or incomplete, ONG has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof) by you. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. We have the right to provide user billing, account, Content, or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your registration information will be able to access your account so you should take reasonable steps to protect this information.
6. Fees; Ordering. c. Charges. For all charges for any products and services sold on the Web Site, ONG or its designated payment processor will bill your credit card or alternative payment method offered by ONG. You will be responsible for any surcharges associated with your order and selected payment method. In the event legal action is necessary to collect on balances due, you agree to reimburse ONG for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.
d. Refunds. If you purchase a product or service on our Web Site and it is defective, ONG will only provide a refund to you if (i) you notify ONG at Support@onenameglobal.com within three (3) days (or a longer period as and if required by applicable law) of such defect, setting forth the details of the defect and supporting documentation, and (ii) the defect is in the product, service, or Web Site, and not due to any action or inaction of you or arising as a result of your device’s or Internet service provider’s incompatibility with the Web Site. If ONG determines a refund is appropriate, ONG will notify you and, subject to you providing information reasonably requested by ONG in connection with such defect and refund, ONG will provide a refund to you within thirty (30) days of ONG’s receipt of its notice of the defect.
7. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
8. Force Majeure. Neither you nor ONG will be responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond your or ONG’s reasonable control (as applicable), including: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including strikes, slowdowns, picketing, or boycotts.
9. DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY W ARRANTIES OF ANY KIND INCLUDING W ARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ONG NOR ANY OF ITS AFFILIATES WARRANTS THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER ONG, NOR ANY OF ITS AFFILIATES, MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT, INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ONG OR THROUGH THE WEB SITE OR ONG’S PRODUCTS OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. LIMITATIONS OF LIABILITY. ONG does not assume any responsibility and will not be liable for any damages to or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, from your downloading of any information or materials from this Web Site, or from you submission of User Submissions. IN NO EVENT WILL ONG OR ANY OF ITS AFFILIATES NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE CONTENT, MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT ONG WILL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE. IN NO EVENT WILL ONG'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEB SITE.
12. Release. In the event that you have a dispute with one or more other users of the Web Site, you release ONG and our Affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Email Address: Please provide the following notice:
Onename Global, Inc.
9805 NE 116tth Street, No. 7428, Kirkland, WA 98034 Support@onenameglobal.com
1.Identify the copyrighted work or other intellectual property that you claim has been infringed;
2.Identify the material on the Web Site that you claim is infringing, with enough detail so that we may locate it on the Web Site;
3.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;
4.A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5.Your address, telephone number, and email address; and
6.Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our Web Sites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1.Your physical or electronic signature;
2.Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3.A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4.Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
19. Copyright Notice. All Web Site design, graphics, text selections, arrangements, and all software are Copyright © 2015, Onename Global, Inc. ALL RIGHTS RESERVED.