Terms Of Use
GENERATION GROWNUP, LLC
BabyNameWizard.com
Terms of Use Agreement aka The Fine Print
This page lays out the terms of use for BabyNameWizard.com, part of Generation Grownup, LLC.
What's In a Name?
BabyNameWizard.com (BNW) 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 BNW, 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 on BNW, 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.
Our Content
Content created by BNW belongs to BNW and is protected by copyright, trademark, patent, trade secret and other laws. BNW owns and retains all rights in content created by BNW. BNW grants you a limited, revocable, non-sublicensable license to reproduce and display BNW content (excluding software code) solely for your individual use when using BNW. You do not have the right to reproduce, distribute, modify, translate, publish, broadcast, transmit, perform, display, or sell any Content appearing on or through BNW.
Your Content
You must understand that anything you post to BNW may be copied, modified, translated, publicly performed, stored or distributed. This may even occur after you terminate your account.
Everyone Else's Content
You may not upload, download, republish or encourage others to upload, download or republish copyrighted works, trademarks or other proprietary information on BNW without obtaining the prior written consent of the owner of the rights. In the event a user repeatedly infringes a copyright, BNW may terminate the user's rights to use BNW. If you are a copyright or trademark owner who believes that your rights have been violated on BNW, 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.
Truth
Do not lie or mislead when posting Content on BNW.
Justice
Do not use BNW to engage in any type of criminal or tortious behavior, including but not limited to child pornography, solicitation, trafficking in obscene material, illegal narcotic distribution, gambling, stalking, building or distributing illegal weapons and bombs, fraud, copyright or patent infringement, theft of trade secrets, stalking, computer crimes, privacy violations or harassment.
BabyNameWizard.com, its community and tools may not be used where prohibited. Furthermore, Baby Name Wizard should not be used in any way that is inconsistent with applicable laws.
People
BNW is an online community for people interested in baby names, not a source of information about where people live or how they can be contacted. That means that you should not solicit personal information, provide telephone numbers, street addresses, last names, URLs or email addresses to anyone.
The site is designed by people for people. That means you should not use automated scripts on the site or system.
BNW is a site for people over 13 years old. If you are aged 14 - 18, please make sure your parent knows you are using BNW.
Machines
Nobody should create or disseminate computer viruses, hacks or intrusions on or using BNW. Nor should users disrupt or interfere with BNW.
You Agree…
You represent and warrant (legaleze for "you are telling us under oath") that:
* Your registration information is true and accurate, and you will update it as necessary;
* You are at least 14 years of age;
* You are not violating any rules or laws in using BNW.
* You own or posses the right to post any text, images, videos, sounds and other files ("Content") you post to BNW.
* You have not violated anybody's rights, including privacy, intellectual property and publicity rights, by posting Content.
Personal Use Only
You are invited to use BNW for personal use. BNW is not, however, to be used by its members for commercial purposes unless expressly approved by BNW. This means, among other things, that you may not post advertisements on BNW, frame BNW, or compile user names, user pages or email addresses from BNW. It also means that you may not use it to send junk mail, chain letters, mass mailings, spimming or spamming.
Making Money
BNW is not self-sustaining. It must be able to earn money to operate. Among the things that it does to earn money is sell banner advertising. BNW has no current intention of charging its users a fee, but it reserves the right to do so in the future.
Passwords
The password you select for BNW is your responsibility. That means that you must maintain it as confidential if you want it to be confidential. If you have lost, forgotten or need to change your password, you can click the "login" button and follow the instructions to change or retrieve your password. If you suspect that somebody is using your password improperly, you should contact info@generationgrownup.com for assistance.
Rights
BNW retains all of the legal rights to control its site, service and membership. That means that BNW has the absolute right to unilaterally delete anything that is posted to any webpage, and to terminate your account at any time for any reason. And, if BNW does so, it shall not be liable to you or anybody else for damages, whether indirect, consequential, exemplary, incidental, special or punitive, including lost profits.
Monitoring and Moderation
BNW recognizes that its users have significant power and control regarding what is posted on it. Despite retaining total legal control, BNW has neither the ability nor the desire to monitor all posts at all times. And, even if BNW does become aware of a particular post, BNW may not remove the post when others think that it should. As such, BNW assumes no obligation to monitor or control what Content is posted. BNW cannot be responsible for the accuracy or opinions of what is posted on it. Nor can BNW be responsible for what its advertisers promote or sell.
Indemnification
You agree to indemnify and hold BNW, 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 BNW, your violation of these terms of use, the privacy policy or the End User License Agreement.
As Is
BNW provides its site and service "AS IS." BNW does not guarantee anything. BNW disclaims any warranty of fitness for a particular purpose or merchantability.
Location
If there is a dispute between you and BNW, it shall be resolved by a court in New York applying the laws of New York without regard for conflicts of law. Further, you agree to personal jurisdiction by and venue in the state and federal courts of New York.
This Agreement applies whether you are simply visiting the website or whether you participate in the BNW community. And to be clear, this Agreement applies to all aspects of BNW, including the use of its website and its client applications, from now until eternity. And, this Agreement does not replace other BNW policies. Users must also understand that they are agreeing to BNW's Privacy Policy and, if appropriate, the End User License Agreement. Just as in any committed relationship, the rules may change over time. As such, you must understand that BNW may change this Agreement from time to time, and that you will be bound by any revisions.
If you do not agree to the terms set forth above, please do not visit the website, participate in the community or use the tools.
Updated: September 24, 2008
