Modification of the Terms
nic.makeup reserves the right to modify these Terms from time to time and at its sole discretion. We encourage you to check back regularly to review these Terms
Communication with nic.makeup
Any communication through the Website with XYZ.COM LLC is for informational purposes only and to assist users in obtaining information about or related to potential new generic top-level domains (“gTLDs”). By submitting any information to nic.makeup, you expressly agree that (i) XYZ.COM LLC or its partners, contractors and affiliates may send you emails regarding new gTLDs; (ii) you are not obtaining any pre-registration rights, registration rights, or any other rights in any domain name; (iii) XYZ.COM LLC makes no guarantee that any domain name will be available for registration through any party; and (iv) XYZ.COM LLC makes no guarantee as to the content, sequence, accuracy, timeliness or completeness of the information or data provided by XYZ.COM LLC.
All images, text, programs, and other materials found (the “Site Materials”) on the Website are protected by the United States and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials for personal, informational purposes only. Such license is subject to the Terms and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or Site Materials other than as specifically authorized herein, without the prior written permission of XYZ.COM LLC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
The names, logos, and taglines identifying XYZ.COM LLC’s products and services are proprietary marks of XYZ.COM LLC. All other trademarks and service marks are the property of their respective owners.
Posting User Generated Content on the Website
You may have the ability to interact with the Website and other users by posting comments, engaging in project discussions, participating in forums, uploading photos, or a variety of other ways (all such submissions or postings collectively referred to as “User Generated Content”). You hereby grant nic.makeup a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such User Generated Content under the laws of any jurisdiction. You confirm and warrant to nic.makeup that you have all the rights, power and authority necessary to grant the above license.
You assume all responsibility for your use of the Website. You waive all claims against nic.makeup, its members, officers, directors, employees, suppliers, and programmers that may arise from the use of the Website.
Accuracy of Information
While XYZ.COM LLC has attempted to ensure the accuracy of the information, neither XYZ.COM LLC nor its information contributors can be held responsible by you for the accuracy of the information found on the Website. All information on the Website is provided “as is.” XYZ.COM LLC makes no express or implied warranties as to the accuracy or merchantability of content or programming.
Limitation on Liability
To the maximum extent permitted by applicable law, XYZ.COM LLC and its officers, directors, employees, shareholders, contracted parties or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Website, the content or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from XYZ.COM LLC, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to XYZ.COM LLC’s records, programs or services. In no event shall the aggregate liability of XYZ.COM LLC, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites exceed any compensation you pay, if any, to XYZ.COM LLC for access to or use of the Sites. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
You agree to defend, indemnify and hold harmless XYZ.COM LLC, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.
If any provision of these Terms are be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Certain links on the Website connect to other web sites maintained by third parties over whom XYZ.COM LLC has no control. XYZ.COM LLC makes no representations as to the accuracy or any other aspect of information contained in other web sites.
Any questions that you have about these Terms and Conditions of Use should be sent to:
2121 E. Tropicana Ave, Suite 2
Las Vegas, NV 89119