This Agreement, the NamePlace Terms of Service, and all policies posted on our sites set out the terms on which NamePlace offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies and the NamePlace Terms of Service are incorporated into this Agreement. You agree to comply with all the above when accessing and using our Services.
The entity you are contracting with is NamePlace, 1390 Market Street #2710, San Francisco, CA 94102.
This Agreement is effective upon acceptance for users who accept it through registration of a NamePlace account or other electronic click-through after January 1, 2014.
NamePlace is a marketplace for municipal promotions, allowing users to sell and buy just about any promotional placement through the service’s campaign-based inventory, available in bulk and in a variety of advertising formats and locations. As a marketplace, NamePlace does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers (or advertisers). NamePlace is not a traditional auctioneer.
While using or accessing the Services you will not:
- - post, list or upload content or items in inappropriate categories or areas on our sites;
- - breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- - use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- - fail to pay for items purchased by you, unless the seller has materially changed the item's description after you bid, or a clear typographical error is made;
- - fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;
- - manipulate the price of any item or interfere with other user's listings;
- - post false, inaccurate, misleading, defamatory, or libelous content;
- - take any action that may undermine the feedback or ratings systems;
- - distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- - distribute viruses or any other technologies that may harm NamePlace, or the interests or property of NamePlace users;
- - use any robot, spider, scraper or other automated means to access our Services for any purpose;
- - bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- - export or re-export any NamePlace application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- - copy, modify, or distribute rights or content from our Services or NamePlace's copyrights and trademarks;
- - copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of NamePlace and the appropriate third party, as applicable;
- - commercialize any NamePlace application or any information or software associated with such application; or
- - harvest or otherwise collect information about users, including email addresses, without their consent.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- - we think that you are creating problems or possible legal liabilities;
- - we think that such restrictions will improve the security of the NamePlace community or reduce our or another NamePlace user's exposure to financial liabilities
- - we think that you are infringing the rights of third parties;
- - we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
- - despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
- - you fail to pay us all fees due for our Services.
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.
The fees we charge for using our Services are a flat commission of 15%. We may change our fees from time to time by posting the changes on the NamePlace site 14 days in advance, but with no advance notice required for temporary promotions.
You must have a payment method on file when selling on NamePlace. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you will be subject to late fees. NamePlace, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information NamePlace reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at NamePlace Inc., 1390 Market Street #2710, San Francisco, CA 94102 Attn: Claims and Disputes Department. If you wish to dispute the information a collection agency reported to a credit bureau regarding your NamePlace account, you must contact the collection agency directly.
When listing an item, you agree that:
- - While we may provide pricing, planning, and other guidance in our Services, such guidance is solely informational and you may choose not to follow it.
- - You are responsible for the accuracy and content of the listing and item offered.
- - Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). NamePlace can't guarantee exact listing durations.
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- - buyer's location, search query, browsing site, and history;
- - item's location, listing type, price, duration, start or end times; and
- - number of listings matching the buyer's query.
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
Some advanced listing upgrades will only be visible on certain Services.
When buying an item, you agree that:
- - You are responsible for reading the full item listing before making a commitment to buy.
- - You enter into a legally binding contract to purchase an item when you commit to buy an item.
We do not transfer legal ownership of items from the seller to the buyer.
When providing us with content or posting content using NamePlace's Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.
You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.
We may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including NamePlace users). You may use catalog content solely in connection with your NamePlace listings.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogues. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.
An insertion order of marketplace items remain on hold for up to 15 days, at which time, the buyer may choose to make a purchase or allow the items to return to inventory.
Authorization to Contact You
To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your account.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.