General terms and conditions, and information to customers for the use of the NameRobot portal
Please note: These terms and conditions merely serve as a supplement to the original German text which can be found here. Please note that the only legally binding terms and conditions are the German version.
1.1. The use of the online portal at www.namerobot.com (hereinafter "NameRobot portal") provided by the
NameRobot GmbH (hereinafter "NameRobot" or "operator") takes place according solely to the following terms and conditions (hereinafter "Terms"). Deviating, conflicting or additional terms and conditions are not part of the contract, unless their validity is expressly approved.
1.2. Some NameRobot services are provided by or in cooperation with third parties (hereinafter "partners"); in the case of such services, additional terms and conditions imposed by the third parties in question may be applied. Should the provisions of these terms and conditions contradict those stated here, then the partners' terms and conditions shall be accorded priority; the sole exception to this rule is formed by the terms of paragraph 7 of these terms and conditions, concerning payments to be be made to NameRobot.
1.3. The terms and conditions shall also apply when other sites or vendors provide full or partial access to the services provided by NameRobot (e.g. using the name Robot API (Programming Interface)).
2. Contract and specifications
2.1. NameRobot provides registered users with an online portal comprising a range of functions, e.g. language tools for research and the creation of names, words, texts and domains. Complementary services and editorial content are also available.
2.2. Some basic features of the NameRobot portal are available to registered users free of charge ("free membership"). In addition to what is provided as part of the free membership, more functions are available through various fee-based premium membership options and subscriptions, which users may book during registration or at a later date using their existing account. The exact composition of the extra functions provided by a premium membership will be shown on the online order form.
2.3. Some of the language tools on the NameRobot portal work following complex linguistic rules and using different databases in order to produce the most natural-sounding words and names possible. The operator can however never rule out that unusual or even inappropriate results may be displayed and these included regardless of the language tools settings; grammatical errors and other kinds of mistakes may occur. Users are reminded that such erroneous results may in some cases actually improve the variety and creativity of results.
2.4. NameRobot can in no way guarantee the accuracy, effectiveness, quality or clarity of the results of language tools and ensure that the are suitable for certain purposes intended by the user. This includes determining whether a name is already taken or is already in use (e.g. in the form of a domain name, trademark, or trade name), or whether third party rights (e.g. trademarks, copyrights) stand in conflict to the user's purpose. Further to this, the operators are not in a position to offer an examination of the legal permissibility or protectability of the results (see also paragraph 3.4. of these Terms).
2.5. The portal is offered subject to availability. Although it is technically impossible to offer 100% availability, the provider shall nonetheless endeavor to keep the site available without interruption. In particular, maintenance, security or capacity issues and events that are beyond the control of the provider (disruptions in public communication networks, power failures, etc.) may lead to malfunctions or temporary interruptions in service.
3. User's obligations, declaration of exemption
3.1. The user agrees to keep his credentials (username, password) secret and not disclose these to third parties. This does not apply to users sharing access to NameRobot as part of a premium membership or premium subscription version, which entitles them to communal access. As soon as a user becomes aware or has reason to believe that third parties may have gained access to his/her credentials, the user agress to inform NameRobot immediately and either change relevant data or request NameRobot to change it accordingly.
If thrid parties should gain access to NameRobot's services by using a user's credential through the deliberate or negligeant fault of the user, the user shall be held liable for the damage.
3.2. Users' registration details must at all times be full and truthful. If the data a user has given changes after registration, the user is obliged to correct it immediately in their user account.
3.3. Users must provide NameRobot and its partners with a correct e-mail address with which e-mails from the operator and its partners can be received. In particular when using spam filters, users must ensure that e-mails sent by NameRobot and its partners arrive in their inbox.
3.4. By the provisions of the legal services law, NameRobot is not entitled to offer users legal advice. It is the responsibility of users to obtain professional legal advice (e.g. from a lawyer) when intending to use a word, name or other term created by the NameRobot portal.
This especially applies to the evaluation and use of results of the various checks (Domain Check, Trademark Check, App Check, Seach Engine Check, etc.). The search results are for research purposes only and no responsibility is taken for the correctness of this information. It is no substitute for professional legal consultation.
3.5. Users shall ensure that any content othey place on the NameRobot portal (e.g. comments, text, photos, graphics, audio and video recordings) violate neither these terms and conditions, nor morality nor applicable law. In particular, users are responsible for ensuring that their contributions are free of abuse, sexual content, depictions of violence, indecent, discriminatory or threatening statements. In addition, the user is obliged to place only factual and thematic contributions and not to carry out any adversitising or acquisition for companies standing in competition to NameRobot. Any activity which is intended to render the NameRobot portal inoperable or to prevent, delay, complicate or in any way interfere with its use are prohibited.
3.6. Users hereby declare that they have the right to use content posted on the NameRobot portal. In particular, users are responsible for ensuring that their content do not violate any third party rights (e.g. copyright, trademark and privacy rights, rights under competition law). By posting content, users grant NameRobot a simple, temporally and spatially unrestricted, irrevocable, and royalty-free right of use; NameRobot has the permanent right to store this content and to make it publically available on the NameRobot portal. This license will persist even after the termination of the user membership; nevertheless, the operator is not obliged to store any content uploaded by users.
3.7. Each user indemnifies NameRobot against all claims made by other users or third parties for infringement of their rights by content uploaded by the user to the NameRobot portal or by other uses of the portal. This indemnity for the operator includes, but is by no means limited to, the use of the name of a robot-generated portal name (see also § 2.6 and § 3.4 of these Terms and Conditions). The user indemnifying NameRobot will also carry all legal cost incurred by NameRobot. The exemption does not apply if the violation is not attributable to the user.
3.8. All NameRobot services are intended only for personal use of the user or, in the case of use on behalf of third parties, for their own use.
3.9. Failure to comply with any of the above may lead to an immediate termination of membership without notice, as well as civil and criminal penalties for users.
4. Contract / membership
4.1. The contract for the use of the NameRobot portal between the user and the name Robot enters into force once registration as a member or user has been successfully concluded in accordance with these terms and conditions. This is considered to be the case once a confirmation e-mail has been sent to the member/user.
The user comes to the input screen by clicking on Register or New member; the user then enters online registration information (username, password, e-mail address, etc.). Sending the registration information constitutes the user's willingness to enter into a contract with the operator; NameRobot may, but is not obliged to, accept this offer. Name Robot reserves the right to reject applications for membership in individual cases without giving reasons for so doing.
Before submitting registration information, the user has the opportunity to correct any input. In addition, all entries before submitting the offer appear in a confirmation window and can be corrected if necessary. After submitting the registration information, the user receives a confirmation e-mail from NameRobot (acceptance) and the delivery of this e-mail constitutes the start of the contractual relationship between the user and the operator.
Use of the NameRobot portal is enabled once the user has activated his or her account by clicking on the activation link in the confirmation e-mail sent by the operator.
The registration data is stored by the provider and can be accessed and amended by the user via his or her account.
4.2. During registration, the user has the opprountiy to chose between a free membership or to opt for one of a variety of premium memberships or subscriptions. A user with a free membership use his or her user account to book premium membership or premium subscriptions at a later date. The exact composition of the extra functions provided by a premium membership will be shown on the online order form.
4.3. Legal persons may only be registered by a statutory representative whose name is provided in the registration data.
4.4. Unless explicitly stated otherwise by NameRobot, all memberships are only valid for one person and are not transferable.
4.5. In case of services offered by partners featured on NameRobot, any contractual relationships occuring are only between the user/member and the partner. In such a case, the user/member will be made aware of the contractual relationship he or she is entering into. NameRobot is in no way responsible for the provision of third-party services.
5. Duration and Termination
5.1. Free membership is permanent until its termination. A free membership may be terminated at any time by either party.
5.2. The premium memberships can be selected for varying periods of time. Depending on the version chosen, a premium membership will be automatically be downgraded to a free membership between 0:00 and 1:00 AM of the day following the expiry of the premium package.
5.3. Premium subscriptions are automatically renewed for the same length of time they were initially booked for if they are not terminated in writing or via the user account services at least two weeks before the end of the initial period.
5.4. The right to extraordinary termination remains unaffected. NameRobot reserves the right to terminate this agreement especially if the user does not fulfil his or her payment obligations. In the case of extenuating circumstances for which the user is not responsible, the provider agrees to pay back a proportion of the fee the user has paid for the full period.
5.5. Terminations may be made in writing, by e-mail or, if the member/user is terminating the agreement, via user services on the portal.
As of the date of termination of the license agreement, the user has no further right to use the NameRobot portal and its functions; the user access will be disabled.
6. NameRobot Rights
Should the user violate statutory or contractual provisions, in particular those of these terms and conditions, NaemRobot shall be entitled to suspend the user's access to the portal temporarily or permanently, or to take other appropriate and proportionate measures, depending on the gravity of the violation committed. The operator's right of extraordinary termination remains unaffected.
Name Robot also reserves the right not to release, or even to delete individual contributions, e.g. user comments, if the contribution violates these terms and conditions, applicable law, or the rights of third parties.
7. Prices and Payment
7.1. The prices for any given premium membership or premium subscription pacakge or for other services not offered for free are those published by the operator on the NameRobot portal at the point in time in which the memberhsip, subscription or service is purchased. Unless otherwise stated, these prices are final, in Euros (€) and include all price components, including the statutory sales tax.
7.2. Name Robot offers the user a variety of payment methods, including:
- Direct debit
- Credit Card
The user can specify a payment method for each item purchased.
Direct debit payment (debit) and the transfer of customer bank data entitles NameRobot to collect the amount invoiced from the account specified by the customer. This permission can be revoked by the customer at any time. If the direct debit cannot be carried out due to insufficient funds or because the of false information, or if the customer cancels the transaction even though the he/she is not entitled to do so, the customer will pay any bank charges occuring.
For services provided by partners and which lead to a contract between the user and the partner, in order to facilitate payment of the applicable third party, NameRobot is entitled to collect revenue from the customer with a discharging effect.
7.3. A payment is considered received when the value has been credited to the operator's account. If invoices are overdue, incoming payments will be credited against the oldest invoices outstanding after any costs and interest charges have been subtracted.
The supplier is fully liable for loss of life, limb or health, willful misconduct or gross negligence, fraud and warranty promises, and if the liability occurs according to legally binding regulations such as the Product Liability Act.
In addition, the provider is liable, for whatever legal reason, as follows: if the provider has negligently violated a contractual obligation (cardinal obligation), the liability to pay damages is limited to foreseeable, typically occurring average damages. Material contractual obligations are imposed by the contract on the provider to achieve the purposes of the contract, which in turn constitute the proper execution of the contract in the first place which users can expect to occur regualrly. If the provider has negligently violated a non-essential contractual obligation, the obligation to pay compensation is limited to the value of the order in question.
The above limitations apply to the legal representatives and agents of NaemRobot.
9. Offsetting, Retention, Assignment
The user is only entitled to offset if the counterclaim is undisputed, legally established or recognized by name Robot. The user's rigjht to retention and to refuse performance are excluded, unless NameRobot does not dispute the underlying counterclaims or they have been legally enforced.
The user has no right to assign the rights incurring to him or her as a result of a contractual relationship.
10. Final Provisions
These terms and conditions are subject to change without notice. The change will be communicated to the users in advance by e-mail before it enters into force. The user has the right to object to the change in writing within four weeks after receipt of the e-mail (in writing by e-mail, fax, letter). NameRobot retains the right to terminate the contract with due notice if users refuse to accept new terms and conditions. Any amendments shall be deemed accepted and binding if the user consents to the amendment or does not object in writing within four weeks of the amendment being comminicated. The provider undertakes to make special mention of the right to objection when communicating changes to terms and conditions.
The contract language is German. The applicable law for all legal dispites is that of the Federal Republic of Germany with the exception of UN purchasing law. If the user is a merchant, a legal person or the agent of a public fund as defined by law, the exclusive jurisdiction for any disputes arising from this contract is that of the court of Munich. The same applies if the user is not within general jurisdiction of the German courts or of their European equivalents, or if the place of residence or their usual location is not known at the time at which legal action begins. The power to call the court to another legally binding jurisdiction remains unaffected by this provision.
As at 02/25/2013
Information about the owner:NameRobot GmbH