Terms and Conditions for the Namefruits Service
This site has been machine-translated and merely serves as a supplement to the original German Terms and Conditions, which can be found here. Please note that the only legally binding version of the Terms and Coditions is the German version.
FlyingNames of the NameRobot GmbH (hereinafter "Flying Names" ) provides all deliveries and services solely on the basis of these General Terms and Conditions ( "Terms"). In case of deviating or supplementary agreements - particularly contradictory terms and conditions - is an express , written consent of the NameRobot GmbH necessary. The terms and conditions of FlyingNames are also exclusively when service benefits are provided reservation in knowledge of conflicting terms and conditions of the customer from naming.
FlyingNames provides its clients the following services:
Development of names for companies, brands , products, services, events and other offers and projects.
Domain checks for name suggestions: Here are the domain extensions to be tested ( "top- level domains" ) determined according to the contract scope in advance. In the search results will be shown which domain extensions are still free or already occupied with a name. Depending on the agreement FlyingNames proposes only such names for the particular domain extensions that are still free. It should be noted here that an unregistered domain does not mean, as a result, that the name is not occupied by another name rights (e.g. trademarks or company names). It may also be that individual domains are falsely shown as "free", for example, because these have not been connected. The domain checks do not replace legal advice.
Trademark identity and brand similarity searches for the selected name suggestions. These are carried out either on our own or in collaboration with specialist branding research providers. The search results include only registered trademarks and do not use marks and other non-registered trademarks. The trademark research by FlyingNames or a search service does not constitute legal advice and is only for purposes that do not obviously already existing name rights are overlooked. A further review by a lawyer can not replaced.
The customer must ensure that the chosen name does not infringe any right of third parties. For this purpose, a subsequent audit or brand - registration can be commissioned in collaboration with a lawyer.
In addition, FlyingNames provides in-house or working with other service providers of voice and impact tests of names and the creation of slogans, advertising text , translations, logos, websites and other services in the field of marketing and communication.
The exact contractual services result from the respective offer and the order confirmation.
Upon receipt of a commission on the FlyingNames order form, the customer receives an order confirmation with the payment details are stored. After receiving the order amount FlyingName starts with processing the order.
After commissioning the briefing is executed. To this end, the customer receives access to an internet questionnaire that he has to fill in as much detailed as possible. The customer has the opportunity to express specific wishes and their own proposals. However, the customer's proposals do not affect the amount of compensation. Should any questions not be answered sufficiently, then FlyingNames will contact the customer to clear it. Is a briefing insufficient, FlyingNames holds the right to cancel individual orders.
FlyingNames provides its service to the customer within the agreed time frame laid down in the commission. If the preparation of various proposals is agreed, the customer will receive a list of the agreed number of proposals. This will sent to him in the .pdf format or other common format, or via link in his account. Does the customer doesn't find an appropriate name, so FlyingNames provides a list of other proposals depending on the agreement.
A third suggestion list is provided only by special agreement and against additional remuneration. This also applies in the case that the customer has indeed selected a proposal, but he can not use it for legal or other reasons.
Flying Names undertakes to treat with confidentiality all confidential business and trade secrets or other knowledge of confidential business transactions or documents of the customers who have become known to him through his work for the customer or that he has received and also after termination of this agreement, neither communicated to exploit yet another person. In addition, FlyingNames will inform all its employees and other agents and third parties attributable to him about this commitment and undertake to comply.
The customer may choose one name from the designations proposed and, after full payment of the agreed fee, take full advantage within the agreed use and transfer this right to third parties. Should the customer wish to use additional names for other projects, it shall notify them to FlyingNames and paid a digit corresponding remuneration 9.3. After full payment of the compensation, the customer is entitled, as agreed to use the selected name(s). This also applies when a name or a supply of services is chosen by the client in a modified form, for example, by omitting, adding or changing individual words or letters; through the use of synonyms, antonyms, or any other language, by the alteration of individual words or word parts such as in terms of time, assets / liabilities, parts of speech (noun , verb, adjective, etc.).
The customer agrees, not to use theirself or to forward them to third parties, those names that have been suggested to him by FlyingNames, but hae not been selected by him. This also applies for names written in a modified form as in § 6.1.
The customer warrants to be the owner of all necessary copyrights, rights of use and other rights to the materials and information made available by him. Should he or she not he be entitled to use against this insurance, the customer exempts FlyingNames from all third party claims including costs of legal defense.
The performance of FlyingNames is to be approved by the customer. If the approval of the performance is not made within a period of 21 days after delivery, the service shall be deemed accepted. A second proposal round is then no longer possible.
Acceptance may not be refused on design-related or artistic reasons. Under the contract there is freedom of descretion.
8 Participation / appointment of third parties
If needed, FlyingNames is authorized to use specialized third parties for the execution of the order.
The agreed commission applies to the order. There is a proposal fee, that is, the remuneration is due in each case in advance and independent of the choice of a name candidate.
All agreed fees shall also be fully charged if the customer does not use the developed proposals of FlyingNames.
Unless otherwise agreed, the scope of services covers the selection and use of a proposed name by FlyingNames. Does the customer prefer to use another proposed name, also for other projects, an additional fee of 50% of the agreed fee is due.
FlyingNames is entitled to refer to the created names that will be use by the customer as a reference. This also applies when a work is done by the customer in a modified form (see 6.1).
FlyingNames is liable for damage caused intentionally or by gross negligence by him or one of its agents or legal representatives. In case of damage arising from injury to life, body or health, liability is even for a simple breach of duty FlyingNames or one of its legal representatives or vicarious agents of unlimited. Similarly, the upper limit to the liability for damages that are due to serious organizational fault of FlyingNames, and for any damage caused by the lack of a guaranteed quality.
Unless engaged clause 11.1, FlyingNames of essential contractual obligations, the height shall be liable for the injury shall be limited to the typically foreseeable damage. The maximum liability is also in other cases than those of clause 11.1, limited to the amount payable by the customer compensation.
FlyingNames does not guarantee that the services provided by third parties and the information it contains accurate and up-to-date or are suitable for certain purposes intended by the customer. For damages caused by a faulty processing of the information provided, FlyingNames is not responsible. This also applies to the domain checks and trademark searches referred to in § 2.2 and 2.3.
A liability for the competition and trademark legal admissibility and eligibility for protection of the work is not accepted by FlyingNames. Furthermore, we do not guarantee that a name in a language, dialect or in a country or a region causes unwanted associations or has other undesirable properties.
Claims of the customer, based on injury to life, body, health or freedom claims, statute of limitations, regardless of their origin and the knowledge or grossly negligent lack of five years from the commission of the act, breach of duty or the other, the damage-causing event to. Other claims of the customer, other than those arising out of warranty, fraudulent misrepresentation or any willful act, shall expire in six months.
12 Termination of the contract
A termination of the contract is permitted only for good cause and must be in written down.
13 Final provisions
If any provision of this agreement prove to be invalid, the validity of the remaining provisions shall not be affected. An invalid provision shall be replaced by the contractor by a valid one which comes as close as possible to the objective pursued.
Changes and additions to these Terms and Conditions must be in a written form.
German law applies. Place of jurisdiction and place of performance, to the extent permitted by law, is Munich.
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