"The Web Sites" means any web site or web service in the domains cdnamesearch.com, cdnamesearch.net, cdnamesearch.org or cdnamesearch.ca, including www.cdnamesearch.com and wiki.cdnamesearch.com and www.cdnamesearch.ca.
"We", "Us" and "Our" refers to CDNameSearch Corp., its agents or successors.
Rules of User Conduct
AGREEMENT TO RULES OF USER CONDUCT
You, a user of The Web Sites, agree to abide by the Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of User Conduct, which you should review, can be found here.
USE CONSTITUTES AGREEMENT
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will select an account and password in the registration process. You are responsible for securing the account and password, and are fully responsible for all activities that occur under your account or password. You will immediately notify us of any breach of security, including unauthorized use of your account or password. We are not liable for loss or damage arising from your failure to comply with this section.
NO DATA MINING
You will not submit requests to our trademarks databases or search services at The Web Sites that will retrieve more data than ordinarily required for a trademark search. You will not collect and store trademark-related data from The Web Sites for use in a trademark database or trademark search service, or offer a competing trademark search product or service containing data obtained from The Web Sites.
RIGHTS TO CONTENT
You may contribute content for the "Knowledge Library" and the "Customer Feedback" portions of The Web Site. You agree that you will not upload, post, email or otherwise transmit any content that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party. You agree that your contributed content may be offered to others under the terms of the "Licence for Content of The Web Sites".
DENIAL OF SERVICE
You will not attempt to degrade, disrupt or crash The Web Sites, nor use The Web Sites for other than education or trademark searching. You will not transfer nor install potentially harmful software, including computer viruses, spyware, or trojans.
THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by us or any association with its operators.
You will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of The Web Sites, nor provide access to The Web Sites without our written permission, or in accordance with the Licence.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of The Web Sites, you will not use The Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use The Web Sites in any manner that could damage, disable, overburden, or impair any server or the network(s) connected to The Web Sites' service or interfere with any other party's use and enjoyment of The Web Sites. You may not attempt to gain unauthorized access to The Web Sites, other accounts, computer systems or networks connected to a server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Web Sites.
NO SPAM; DAMAGES
You will not use The Web Sites to advertise your products or services, nor those of others, nor to cause unsolicited bulk email to be sent from The Web Sites for commercial purposes, nor to use the domain names of The Web Sites in unsolicited bulk email. We will immediately terminate any account that we believe, in our sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to use The Web Sites for shopping in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access The Web Sites for the effects of shopping.
You are responsible for all charges incurred while your account and password are being used. You agree to pay all fees invoiced (including applicable taxes, shipping and other charges assessed in your invoice) on your account within thirty (30) days of the invoice date. We reserve the right to change the fees for The Web Sites at any time. We will notify you of such changes by posting a notice on The Web Sites.
The Web Sites may provide advertising or a catalogue of products or services from us or other merchants. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed in your invoice.
The Knowledge Library on The Web Sites was initiated by CDNameSearch and is written collaboratively by many of its readers using MediaWiki technology. Lots of people are constantly improving it, making changes that they feel are useful to the community, all of which are recorded on the page history and the Recent Changes pages. Nonsense and vandalism are usually removed quickly by editors or administrators. Trusted contributors may become editors or administrators.
PRIVACY OF INTERACTIVE TRADEMARK SEARCH SERVICE DATA
If you are a customer of the Interactive Trademark Search service, the following information from your use of the Interactive Trademark Search service is used for billing, and is automatically sent to you by email at the end of the month (or week): customer userid and account, service ID, session date, session start time, session end time, session length and billing rate. We may use this information to assess server loading and peak use of the service. In addition, at the start of the search session we collect an optional comment from the user, which is provided to you in the billing statement to identify the search session and help you allocate charges to your own customers. The Interactive Trademark Search service software does not track your input during a trademark search nor any results; however, you may optionally store exports or lookup lists in your account area on our server from time to time, and you are responsible for maintaining these files.
You should not assume that email is promptly read. If a matter is urgent or highly significant, please specify your email software to send the email asking for a read receipt.
Some of our email addresses may not be monitored by humans or may no longer be monitored by a former recipient; email to these addresses may never be read.
We reserve the right to use automated email processing software or services, such as virus and spam quarantine services, that automatically quarantines and/or deletes sent and received emails. Such email may never be read.
We reserve the right to periodically monitor email of employees to detect misuse.
INTERNET TELECOMMUNICATIONS AND PRIVACY
You understand that we cannot guarantee privacy of information transmitted over the Internet. It is the nature of Internet telecommunications that your session data is transmitted over various networks that neither you or we control, and that may be monitored by third parties including law enforcement agencies. To decrease the likelihood of monitoring, we provide a Secure Mode option to encrypt transmissions between our Web Sites and your internet browser; however, to be effective, you must choose this option for every session.
WEBSITE AVAILABILITY & ACCESS DISCLAIMER
The Trademark Search Services are updated periodically in accordance with the release of government data, during which time they may be unavailable or service levels may be degraded.
The content of portions of The Web Sites may be altered by you or other users or Members without notice. The content that you contribute may be altered by you, us or other Members without notice. The content is offered "AS-IS", and you are warned that it could be incomplete, inaccurate, misleading, fraudulent or offensive. You are encourage to correct or report such content.
The Web Sites may provide advertising or a catalogue of products or services from us or other merchants; however, each individual merchant is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. We do not guarantee, warrant or endorse any product or service sold by a merchant not through this website, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any merchant. The purchase of any product or service from a merchant is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. We have no responsibility or liability for any merchant or your relationship with such merchant.
CATALOG & PRICING DISCLAIMER
We reserve the right to change any or all parts of any Catalog or Prices without notice. Please check the latest version of The Web Sites.
We make no representation that materials or services on The Web Sites are appropriate or available for use in locations outside where we have partners or distributors, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access The Web Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
THE SERVICES, DOCUMENTS, MATERIAL AND GRAPHICS AVAILABLE FROM THE WEB SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, DOCUMENTS, MATERIAL, TABLES AND RELATED GRAPHICS PUBLISHED ON THE WEB SITES FOR ANY PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AND/OR DATA AVAILABLE FROM THE WEB SITES.
THE SERVICES, DOCUMENTS OR RELATED GRAPHICS PUBLISHED ON THE WEB SITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of The Web Sites. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
CHOICE OF LAW AND FORUM
SEVERABILITY AND INTEGRATION
We reserve the right, in our sole discretion, to terminate your access to all or part of The Web Sites, with or without notice.
We reserve the right to change or remove any Content from the Site, in whole or in part, at our sole discretion, at any time, without notice.
This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have required that these Terms and Conditions and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. Las partes interesadas han exigido que los Terminos y Condiciones y otros documentos relacionados se redacten en Ingles.
Licence for Content of The Web Sites
Attribution-NonCommercial-ShareAlike 2.5 (modified 2005-12-09)
The Work (as defined below) is provided under the terms of this Licence. The Work is protected by copyright and/or other applicable law. Any use of the Work other than as authorized under this licence or copyright law is prohibited.
By exercising any rights to the Work provided here, you accept and agree to be bound by the terms of this Licence. The Licensor grants you the rights contained here in consideration of your acceptance of such terms and conditions.
- "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License unless the Work is over one percent of the volume of the Collective Work.
- "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License unless the Work is over one percent of the volume of the Collective Work. For the avoidance of doubt, where the Work is a video, musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
- "Licensor" means the individual or entity that offers the Work under the terms of this License, namely CDNameSearch Corp.
- "Original Author" means the individual or entity who created the Work, namely CDNameSearch Corp.
- "Web Sites" means any web site or web service in the domains cdnamesearch.com, cdnamesearch.net, cdnamesearch.org or cdnamesearch.ca, including www.cdnamesearch.com and wiki.cdnamesearch.com and www.cdnamesearch.ca
- "Work" means the copyrightable work of authorship offered under the terms of this License, specifically, the CDNameSearch-contributed content of The Web Sites and the user-contributed contents of The Web Sites, but excluding the CDNameSearch trademark databases and excluding all software including the software used to operate The Web Sites, the MediaWiki software used to operate the Wiki, CDNameSearch trademark search software, the egistry web services software and the classifier software and their respective databases.
- "Member" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights
Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant
Subject to the terms and conditions of this License, Licensor hereby grants the Member a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
- to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in Collective Works;
- to distribute copies of, display publicly, perform publicly, and perform publicly by means of a digital transmission the Work including as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise the Member has no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(d) and 4(e).
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
- You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(d), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(d), as requested.
- You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, a later version of this License with the same License Elements as this License, or a Creative Commons iCommons license that contains the same License Elements as this License (e.g. Attribution-NonCommercial-ShareAlike 2.5 Japan). You must include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
- You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
- If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY.
6. Limitation on Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO THE MEMBER ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- This License and the rights granted hereunder will terminate automatically upon any breach by the Member of the terms of this License. Individuals or entities who have received Collective Works from the Member under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
- Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
- Each time the Member distributes or publicly digitally performs the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to the Member under this License.
- If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
- No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
- This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from the Member. This License may be modified by the Licensor by notice posted on The Web Sites.