Terms Of Use

Terms and Conditions – Last Updated April 25, 2011

GENERATION GROWNUP, LLC
BabyNameWizard.com
Terms of Use Agreement aka The Fine Print

Before using or subscribing to BabyNameWizard.com, please review the following terms and conditions (the Agreement) which define your rights, responsibilities and benefits as a user of BabyNameWizard.com.

BabyNameWizard.com License and Terms and Conditions of Use
BabyNameWizard.com is an Internet service (the “Service”) owned and operated by Generation Grownup, LLC. (“BabyNameWizard.com”, “Baby Name Wizard”, “Generation Grownup”, "we", "our" or "us"). "You" or "your" means an adult user of the Service for itself and you as parent or guardian for any minor who you allow to access the Service, for whom you will be held strictly responsible. Your use of the Service indicates that you are bound by this Agreement with us. If you don't agree with any of these terms and conditions, don't use the Service. We may alter this Agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, discontinue use of the Service.

The Service is for people over 13 years old. If you are aged 14 - 18, please make sure your parent knows you are using BabyNameWizard.com.

BabyNameWizard.com contains graphics, information, data, tools, editorial and other content accessible by any Internet user and similar content which is accessible only to our registered or subscribing members (“the Content”). Whether in the free section or in the subscription (also referred to as “Baby Name Wizard Expert”) section of the Service, all Content is owned and/or copyrighted by Generation Grownup, or third party providers and may be used only in accordance with this limited use license. BabyNameWizard.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

Limited Use LICENSE – Personal Use Only
You are licensed to use the Content only for personal purposes. The download of the whole or significant portions of the site, its content, tools or databases is prohibited. Storing, repurposing, reverse engineering or reselling a work, content, tool, database or portion thereof, is prohibited. You may not post advertisements, compile user names, user pages, email addresses or any other data or content from the Service. Online or other republication of Content is prohibited except as permitted by Fair Use laws. Any republication of Content under Fair Use must include hyperlinks back to original source material on BabyNameWizard.com. Violation of this License may result in immediate termination of your membership and may result in legal action for injunction, damages or both. You may use software provided on the Service only while on line and may not download, copy, reuse or distribute that software.

User provided content
Portions of the Service will contain user provided content, to which you may contribute appropriate content. By submitting content to BabyNameWizard.com, you agree that Generation Grownup, the corporate host of the Service, owns the content you have submitted and has full rights to use, host, perform, modify, distribute, or otherwise make use of that Content and allow hosting and distribution of that Content, to the extent and in that form or context we deem appropriate. Should you contribute content to the site, you understand that it will be seen and used by others under the license described herein. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. You may not upload, download, republish or encourage others to upload, download or republish copyrighted works, trademarks or other proprietary information on BabyNameWizard.com without obtaining the prior written consent of the owner of the rights. In the event a user repeatedly infringes a copyright, Generation Grownup may terminate the user's rights to use BabyNameWizard.com and other Generation Grownup Services. We also reserve the right to remove any user provided content that comes to our attention and that we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.

Generation Grownup is sensitive to the copyright of others. If you are a copyright or trademark owner who believes that your rights have been violated on BabyNameWizard.com, 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.

Additional Guidelines for Posting Content
BabyNameWizard.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 the Service, 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, imagine a 12-year-old reading your comment about his/her own name.

And you should never post anything to BNW 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.

Monitoring and Moderation
Despite retaining total legal control, Generation Grownup has neither the ability nor the desire to monitor all posts at all times. And, even if Generation Grownup or Baby Name Wizard does become aware of a particular post, it may not remove the post when others think that it should. As such, Generation Grownup assumes no obligation to monitor or control what Content is posted. Generation Grownup cannot be responsible for the accuracy or opinions of what is posted on the Service. Nor can Generation Grownup be responsible for what its advertisers promote or sell.

LIABILITY DISCLAIMER
The information, products, and services included on this Web Service may include inaccuracies or typographical errors. Changes are periodically made to the information herein. We and our third party suppliers provide all Content in this Service "AS IS", and without any warranty of any kind.
You agree to indemnify and hold Generation Grownup, Baby Name Wizard, 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 the Service, your violation of these terms of use, the privacy policy or the End User License Agreement.

Generation Grownup, and its third party suppliers make no representations concerning the suitability, reliability or accuracy of the Content or the service provided on the Service for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the services provided on the Service, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.

Generation Grownup may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties will be subject to terms and conditions different from those found here. Generation Grownup makes no warranty concerning third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Generation Grownup.
Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE.

Additional Expert or Subscribing Member Terms
1. REGISTRATION AND SECURITY
1.1 As part of the registration process, you will select a username and password. You must provide BabyNameWizard.com with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. As you submit information, you understand that the network of Internet Sites including BabyNameWizard.com, NameCandy.com, NameLady.com and GenerationGrownup.com are owned and operated by Generation Grownup, LLC, a New York State Limited Liability Company. The Sites are operated in the United States of America and operated to be in compliance with the laws of the United States. Access is governed by these terms and conditions under the laws of the State of New York and the United States. Registration as a user of or subscriber to any of the Sites or services provided on them results in your customer information being stored and processed in the United States, and you, in registering or subscribing, specifically consent to that storage and processing. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. If you are subscribing or registering for use of this site from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit, within the scope of the Privacy Policy http://www.babynamewizard.com/privacy-policy of Generation Grownup. You may and should review and correct this information regularly.

1.2 You shall notify us by regular mail or by e-mail at info@generationgrownup.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of BabyNameWizard.com, its owners or agents.
1.3 You must be 14 years or older to subscribe.
1.4 You are responsible for all usage or activity on BabyNameWizard.com via your password account. Distribution of your password to others for access to BabyNameWizard.com is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

2. FEES AND PAYMENTS

2.1 Subscription Types. BabyNameWizard.com offers free and paid memberships. All registered members may maintain a user profile on BabyNameWizard.com, save favorite names and contribute to Namipedia. Paying Premium Members (Baby Name Wizard Expert Members or Subscribers) have access to additional tools and content.

2.2. Premium Subscription Terms. Premium Subscriptions, also known as BabyNameWizard.com Expert Memberships may be purchased on a fixed three-month (one trimester) or nine-month (full-term) basis or as an annual recurring membership on a continuous service basis. Fixed length memberships begin on the date that membership is confirmed and continue for either three (3) or nine (9) calendar months. Annual recurring memberships begin on the date that membership is confirmed and automatically renews each year on that date until the subscriber cancels membership.

This means that once you have become an annual subscribing member (also known as a Baby Name Wizard Expert Name Enthusiast Supporting Member), your subscription will be automatically renewed and your billing choice will be charged. Billing charges will be processed within 24 hours of your order being taken and products included in memberships will be shipped shortly thereafter. You will be notified by e-mail 15 days before your subscription will end or renew, asked to correct any information which has changed and reminded of the opportunity to "opt out" of your renewal.

2.1 Continuous Service Membership. Annual subscription membership in the Service is on a continuous service basis. This means that once you have become an annual subscribing member, your subscription will be automatically renewed and your billing choice will be charged each year on or about the anniversary date of your original subscription. Billing charges will be processed within 24 hours of when your order is taken and products included in memberships, if any, will be shipped shortly thereafter with a separate billing unless shipped within that 24 hours. You will be notified by e-mail 15 days before your subscription will end, asked to correct any information which has changed and reminded of the opportunity to "opt out" of your renewal.

2.2 Cancellations and Refunds. You may cancel your subscription at any time for any reason. However, refunds are not available. To cancel your membership, please visit the My Account area of BabyNameWizard.com or contact customer service.

3. COMMUNICATIONS BETWEEN GENERATION GROWNUP LLC/ BABY NAME WIZARD AND YOU.
Generation Grownup LLC and/or BabyNameWizard.com will send electronic mail to you, for the purpose of informing you of changes or additions to BabyNameWizard.com, or of any Generation Grownup related products and services.
4. TERMINATION
Should you breach this Agreement we will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded.
5. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE.
Generation Grownup has the right, at its sole discretion, to modify this Agreement or the Service, including the Content of the Service, at any time. Changes in Service will be posted on BabyNameWizard.com, or sent via e-mail, or postal mail to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription. (See section 2 regarding cancellation of subscription.) Continued use of the Service now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes.
6. MISCELLANEOUS
6.1 This Subscriber Agreement is governed by the law of the State of New York, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in New York.
6.2 This Agreement applies for all of Baby Name Wizard, whether you are simply visiting the website or whether you participate in the community. And to be clear, this Agreement applies to all aspects of the Service, including the use of its website and its client applications, from now until eternity. And, this Agreement does not replace other Baby Name Wizard policies. Users must also understand that they are agreeing to Generation Grownup's Privacy Policy and, if appropriate, the End User License Agreement. Generation Grownup or Baby Name Wizard may change this Agreement from time to time, and that you will be bound by any revisions.

6.2 Official correspondence must be sent via postal mail to:

BabyNameWizard.com
PO Box 255
Old Greenwich, CT 06870