Terms of Use

1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the my-iName.com domain name, the "iName Website", "Website", or "iName"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF MY-INAME'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.my-iName.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the iName Website.

2. iName Website
These Terms of Service apply to all users of the iName Website and other materials or services on the Website. The iName Website may contain links to third party websites that are not owned or controlled by iName. iName has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, iName will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve iName from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the iName Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Contest and iName creation
iName Website will randomly draw a person who has a valid ballot entry and valid personal information within 1 week of the draw dates listed on the site for that particular prize. iName Website has purchased these products with their own resources and is giving them away for free without any endorsement from Apple. These devices are not, and may not be, offered for sale or lease, or sold or leased, until authorization is obtained.

iName website will allow you to create your own iName which is completely free. The iName Website will not be held accountable or responsible by anyone using their own iName created from the iName Website.

4. Website Access
A. iName hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without iName's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will need to provide personal information. You may never use another's personal information without permission. When providing your information, you must provide accurate and complete information. You are solely responsible for any information you enter into the iName Website. Although iName will not be liable for your losses caused by any unauthorized information, you may be liable for the losses of iName or others due to such unauthorized use.

5. Intellectual Property Rights
The content on the iName Website, including without limitation, the text, software, scripts, graphics, photos, interactive features and the like ("Content") are owned by iName excluding any third party links, videos, photos, graphics, text or any mention of Apple Inc. ("Apple") or any of Apple's products. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. iName reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.

All registered trademarks belong to their respective owners. Apple, the Apple logo, iPhone, iPod touch, iPod Shuffle and iPod Nano are trademarks of Apple Inc., registered in the U.S. and other countries.

6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE INAME'S WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INAME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. INAME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INAME WEBSITE. INAME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INAME WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INAME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability
IN NO EVENT SHALL INAME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INAME WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled by iName from its facilities in Canada. iName makes no representations that the iName Website is appropriate or available for use in other locations. Those who access or use the iName Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity
You agree to defend, indemnify and hold harmless iName, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the iName Website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the iName Website.

9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the iName Website is not intended for children under 13. If you are under 13 years of age, then please do not use the iName Website - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by iName without restriction.

11. General
You agree that: (i) the iName Website shall be deemed solely based in Ontario; and (ii) the iName Website shall be deemed a passive website that does not give rise to personal jurisdiction over iName, either specific or general, in jurisdictions other than Ontario. These Terms of Service shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and iName that arises in whole or in part from the iName Website shall be decided exclusively by a court of competent jurisdiction located in Province of Ontario. These Terms of Service, together with the Privacy Notice at http://www.my-iName.com/privacy and any other legal notices published by iName on the Website, shall constitute the entire agreement between you and iName concerning the iName Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and iName's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. iName reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the iName Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND INAME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INAME WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Fonts
The uses of various fonts throughout the website have been licensed to iName by third party suppliers. The iName Website is providing a non-profit service that allows you to create your own iName in a certain type of font. iName will not be held responsible or accountable on how the iName is used on other digital mediums such as websites, newspapers, magazines, print or products. You are solely responsible for all usages of your own iName. Any false or illegal use of such fonts will not be held responsible by iName and iName is relieved by all responsibilities of such activities.