THESE TERMS OF USE, AS MODIFIED FROM TIME TO TIME (“Terms”), ARE A CONTRACT BETWEEN YOU (“you” OR “your”) AND PLAN BEE, LLC (“Dot Build” OR “we” OR “us”). YOU MUST READ AND AGREE TO THESE TERMS BEFORE USING THIS WEBSITE OR ANY FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THIS WEBSITE (collectively, the “Site”).
DISCLAIMER
Any communications that Dot Build provides are for information purposes only to assist you or other end users in obtaining information about or related to potential new generic top-level domains (“gTLDs”). You expressly agree that: (i) Dot Build may send you emails regarding new gTLDs; (ii) you are not obtaining any pre-registration rights, registration rights, or any other rights in any domain name; (iii) Dot Build makes no guarantee that the Internet Corporation For Assigned Names and Numbers will approve any new gTLD application; (iv) Dot Build makes no guarantee that any domain name will be available for registration through any party; and (v) Dot Build makes no guarantee as to the content, sequence, accuracy, timeliness or completeness of the information or data Dot Build provides.
MODIFICATIONS TO TERMS
Dot Build reserves the right to modify these Terms, in whole or in part, from time to time, at its sole discretion. We will provide notice to you of any material changes to the Terms by posting notice to the Site. Your continued use of the Site thirty (30) days after Dot Build’s notice to you of any modification will constitute your agreement to the Terms then posted on the Site. We encourage you to check back regularly to review these Terms at least once every thirty (30) days.
MODIFICATIONS TO SITE
We reserve the right to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuance.
SCOPE.
These Terms apply to all visitors to the Site, including users who are also contributors of User Generated Content and Submissions (as defined below) to the Site. The Site may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website.
POSTING USER GENERATED CONTENT ON THE SITE
You may have the ability to interact with the Site and other users by posting comments, engaging in project discussions, participating in forums, uploading photos and other materials, or a variety of other ways (all such submissions or postings collectively referred to as “User Generated Content”). You hereby grant Dot Build a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such User Generated Content under the laws of any jurisdiction. You confirm and warrant to Dot Build that you have all the rights, power and authority necessary to grant the above license.
USER SUBMISSIONS
When you submit ideas, suggestions, documents, proposals, or other materials (collectively, “Submissions”) to Dot Build you represent, warrant, and agree that: (a) your Submissions do not include confidential or proprietary information and do not infringe the intellectual property rights of any other person; (b) if we so choose, Dot Build may use and disclose your Submissions in any way; and (c) Dot Build has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
ACCOUNTS
Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at legal@dotbuild.co of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account at the end of each session.
We may suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
PROHIBITED CONDUCT
You must not do, or attempt to do, any of the following, as reasonably determined by Dot Build, subject to applicable law:
access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
access, tamper with, or use services or areas of the Site that you are not authorized to access;
alter information on or obtained from the Site;
use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Generated Content for any purpose except as expressly permitted in writing by Dot Build;
impersonate or misrepresent your affiliation with any person or entity;
use any information on the Site for any purposes involving or related to solicitaion;
reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
PROTECTION OF SITE CONTENT
The Site is protected by intellectual property laws and you agree to respect them. Dot Build grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Dot Build has in the content on this Site, to privately display and perform the Site on your computer for your own personal, noncommercial purposes. Dot Build reserves all other rights in the content on this Site, on its own behalf and on the behalf of its licensors, and Dot Build does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on this Site without prior written consent from Dot Build or the third-party owner of the rights in that User Generated Content (if any).
In the event that we offer downloads of software on the Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
PRIVACY POLICY
Dot Build’s Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you about these Terms or any activities relating to the Site.
DEALINGS WITH MERCHANTS; LINKS
The Site may contain advertisements, offers or links to third party websites and resources that we do not control. Information provided by third parties may not be wholly accurate. Dot Build is not responsible or liable for (i) the availability or accuracy of offers, links, third party websites or resources; or (ii) the content, advertising, products or services available from such offers, links, third party websites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the Site at your own risk. Dot Build’s Privacy Policy is applicable only when you are on the Site. Once you link to another website, its privacy statement applies to any personal information you supply.
INDEMNIFICATION
You agree to indemnify, defend and hold Dot Build and their subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from: (i) your access to and use of the Site; (ii) your dealings with third parties who provide advertisements, offers or links; (iii) any User Generated Content; or (iv) your breach of any term of these Terms.
NO WARRANTIES
DOT BUILD PROVIDES THE SITE “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOT BUILD MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. DOT BUILD MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOT BUILD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
COPYRIGHT INFRINGEMENT
Dot Build respects the intellectual property rights of others and requests that the people who use the Site do the same. Pursuant to 17 U.S.C. § 512, if you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify Dot Build by providing its copyright agent with the following information in writing:
the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit Dot Build to locate the material (for example, by providing a URL to the material);
your name, address, telephone number, and email address;
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; and
a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at:
Dot Build
Copyright Agent
427 North Camden Drive
Beverly Hills, CA 90210
(310) 247-2190 (fax)
Legal@dotbuild.co
CUSTOMER SUPPORT
We have no obligation to provide you with customer support of any kind.
NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, Dot Build will give you any notices by posting them on the Site. You also authorize Dot Build to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by Dot Build via electronic mail, whether or not received by you. Dot Build may provide notice to any e-mail or other address that you provide to us. You must keep your address current and any notice sent by Dot Build to the address that you have most recently provided is effective notice. You must send us any notice by mailing it to Dot Build’s address for legal notices which is: Dot Build, 427 Camden Drive, Beverly Hills, CA 90210, Attn: Legal Department.
ADDITIONAL TERMS
No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Dot Build. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Dot Build will be null and void. Dot Build has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us from Dot Build’s offices in the United States of America and is directed to U.S. users. If you access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Dot Build submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Los Angeles County, California.
Limitations on Actions. Any action concerning any dispute with respect to the Site must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) and any policies and guidelines posted to the Site by Dot Build comprise the entire agreement between you and Dot Build with respect to the use of the Site (the “Entire Agreement”) and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
Further Information
If you have a complaint, you may contact us at: Dot Build, 427 North Camden Drive, Beverly Hills, CA 90210, Attn: Legal Department. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
Copyright © 2015, PLAN BEE LLC, All rights reserved.