Addendum Agreement for .TV
The following terms and conditions in conjunction with our Policy and Disclaimer located at http://www.fabulous.com/terms/doc/privacy.policy, governs your ("Registrant") use of the following .ES domain registration service provided to you by Fabulous.com ("Fabulous"). As used throughout this agreement, the term "we," "our" and "us" shall refer to Fabulous where applicable.
This REGISTRY AGREEMENT ("Agreement") is entered into by and between The .TV Corporation International, a Delaware corporation acting in its capacity as the registry of second-level .TV domain names ("dotTV") and "Customer," which refers to any entity who registers second-level .TV domain names ("Domain Names") with "Registrar" at http://Fabulous.com. The terms "you" and "your" refer to Customer where applicable. You understand that your registration of Domain Names will constitute your acceptance of this Agreement. You also understand that your registration of Domain Names will constitute your acceptance of Registrar's Terms of Service, which are incorporated by reference into this Agreement.
1. dotTV Policies.
You agree to be bound by and comply with the dotTV Policies, including amendments and modifications thereto, with respect to the registration of Domain Names. The dotTV Policies are incorporated into this Agreement by this reference and are enforceable as if written out in full in this Agreement.
2. Domain Name Registration Information and Its Use.
(a) Required Information. As part of the checkout process for the registration of the Domain Names, you must provide all of the information asked for on the checkout page provided by your registrar ("Required Information") and must update the Required Information as needed to keep it current, complete and accurate. In the event you fail to provide or maintain accurate Required Information, dotTV shall have the right to terminate this Agreement and/or cancel, suspend, transfer or modify your registration of the Domain Name, or cause your registrar to cancel, suspend, transfer or modify your registration if such failure is not remedied within three (3) days of written notice.
(b) Third Party Information. In the event that you provide any information about a third party ("Third Party Data") in connection with your registration of the Domain Name, you hereby represent and warrant that you have provided notice to, and have obtained consent from, such third party with regard to: (i) the purposes for which Third Party Data has been collected; (ii) the intended recipients or categories of recipients of Third Party Data; (iii) which parts of Third Party Data are obligatory and which parts, if any, are voluntary; and (iv) how such third party can access Third Party Data. You further represent and warrant that you will provide such notice and obtain such consent with regard to any Third Party Data supplied to dotTV in the future. dotTV is not responsible for any consequences, if any, resulting from your failure to provide notice or receive consent as contemplated herein or your provision of outdated, incomplete or otherwise inaccurate Third Party Data.
(c) Privacy Policy. dotTV's Privacy Policy sets forth dotTV's policy regarding dotTV's use and disclosure of the information collected and maintained by dotTV. Registrar's Privacy Policy sets forth Registrar's policy of confidentiality regarding our Customer's account and other personal information.
3. Ownership of Data. You agree that dotTV owns all rights, title and interests worldwide in the database containing information regarding registrants of Domain Names (the ".TV Database") and all information and derivative works generated from the .TV Database. You further agree that dotTV owns all information dotTV generates or obtains in connection with your registration of the Domain Name. Notwithstanding the foregoing, dotTV does not have any ownership interest in your specific personal information, the IP addresses and the corresponding names of the primary nameserver and any secondary nameservers for the Domain Name outside of its rights in the .TV Database.
4. Use of the Domain Name.
(a) You agree that you will not register, use, display or exploit the Domain Name in contravention or violation of dotTV Policies, in contravention of the laws of any jurisdiction where the Domain Name is accessible, or for any unlawful purpose, including, but not limited to, child pornography, child entrapment or abuse, advocacy of hatred, bigotry or violence towards persons or groups on the basis of their religion, race, ethnicity, sexual orientation or other immutable characteristics, theft of E-mail service, or as a source of unsolicited bulk E-mail or as an address to use for replying to unsolicited bulk E-mail.
(b) You will register and use, display and exploit the Domain Name in good faith, and in accordance with international, federal, and state laws and regulations.
(c) You will not use the Domain Name to infringe upon or dilute the trademark, intellectual property or other rights of any third party.
(d) In the event you use the Domain Name other than as set forth above, dotTV shall have the right to terminate this Agreement and/or cancel, suspend, transfer or modify your registration of the Domain Name immediately without prior notice.
5. Registrant's Representations and Warranties. You represent and warrant that:
(a) You have all requisite power and authority to execute or accept this Agreement and to perform your obligations hereunder;
(b) In the event you are registering the Domain Name on behalf of a third party, you have the authority to bind that third party as a principal party to all terms and conditions provided herein;
(c) To the best of your knowledge, neither the registration of the Domain Name nor the manner in which you intend to use the Domain Name will directly or indirectly infringe or dilute the legal rights of any third party;
(d) You understand that use of the Domain Name may be subject to applicable laws in all jurisdictions in which the Domain Name is used or accessible, including those concerning trademarks and other types of intellectual property;
(e) You understand that it is your obligation to determine whether you have the right to use the Domain Name and to determine whether your use of the Domain Name will infringe upon or dilute the trademark or other rights of any third party;
(f) DotTV has not made any representation to you, and you have in no way relied on any representations of dotTV, as to your legal ability to register or use the Domain Name;
(g) You understand that use of the Domain Name is subject to all terms and conditions of this Agreement and any dotTV Policies that are or may be enacted by dotTV; and
(h) You shall not publicly offer, advertise, or otherwise make available the delegation of subdomains from the Domain Name.
You agree that in the event you breach any of the foregoing representations or warranties, dotTV shall have the right to terminate this Agreement and/or cancel, suspend, transfer or modify your registration of the Domain Name and/or cause your registrar to cancel, suspend, transfer or modify your registration if such breach is not cured within three (3) days' of written notice.
6. dotTV Representations and Warranties. ANY SERVICES PROVIDED BY dotTV UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. dotTV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT ANY LIMITATION TO THE FOREGOING, dotTV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF THE DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO THE DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME.
7. Disputes Involving Registrant. You acknowledge that dotTV does not, and cannot, screen, review, evaluate or investigate your legal right to use the Domain Name. In the event any third party disputes your right to display, exploit, register or otherwise use the Domain Name in any fashion, dotTV, your registrar and you shall act in accordance with, and be bound by, dotTV's Dispute Policy. dotTV has adopted the Uniform Domain Name Dispute Resolution Policy established by the Internet Corporation for Assigned Names and Numbers ("ICANN"). In accordance with ICANN procedures, domain name disputes involving .tv domain names are administered by the World Intellectual Property Organization Arbitration and Mediation Center ("WIPO"), among others. For further information regarding dispute resolution procedures, go to http://arbiter.wipo.int/domains.
8. Indemnity. You agree to defend, indemnify, and hold harmless dotTV and its officers, directors, shareholders, related companies, employees, agents, and attorneys from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorney's fees (which attorneys shall be hired at the sole discretion of dotTV) and costs brought by third parties against dotTV arising from or in connection with this Agreement, or your registration or use of the Domain Name(s), or claims brought against dotTV by you in which dotTV prevails (collectively, the "Claims"). The Claims shall include, without limitation, those based on infringement of intellectual property rights, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation.
9. Disclaimer; Limitation of Liability. dotTV DISCLAIMS ANY OR ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO, (a) dotTV's REJECTION OF YOUR APPLICATION TO REGISTER THE DOMAIN NAME; (b) ERRORS RELATED TO PROCESSING OF YOUR APPLICATION TO REGISTER THE DOMAIN NAME; (c) APPLICATION OF THE DISPUTE POLICY; (d) USE OR INABILITY TO USE THE DOMAIN NAME; (e) SUSPENSION , TERMINATION, CANCELLATION OR OTHER LOSS OF YOUR REGISTRATION OF THE DOMAIN NAME, or (f) EVENTS BEYOND dotTV's REASONABLE CONTROL. UNDER NO CIRCUMSTANCES SHALL dotTV BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF dotTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL dotTV'S MAXIMUM AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOUR REGISTRAR TO dotTV WITH RESPECT TO YOUR DOMAIN NAMES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, dotTV'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
10. Breach and Revocation.
(a) You agree that dotTV shall have the right to suspend, cancel, transfer or modify your registration of the Domain Names and/or terminate this Agreement in the event you materially breach this Agreement or other dotTV Policies and do not cure such breach within 30 days of notice by dotTV, except where this Agreement specifically provides otherwise.
(b) You agree that dotTV shall have the right to suspend, cancel, transfer or otherwise modify your registration of the Domain Names, or cause your registrar to suspend, cancel, transfer or otherwise modify your registration of the Domain Names, in the event dotTV receives a properly authenticated order from a court of competent jurisdiction, arbitration award, or pursuant to any ICANN or WIPO procedure, requiring the suspension, cancellation transfer or modification of your registration of the Domain Name. In the event dotTV suspends, cancels, transfers or modifies your registration of the Domain Name or terminates this Agreement pursuant to this Section, you agree that you shall not be entitled to a refund of any fees paid by you.
(c) You agree that the registration of the Domain Name is subject to suspension, cancellation or transfer by dotTV to correct mistakes by dotTV in administering or registering the Domain Name within thirty (30) days from the Registration Date. In the event we cancel or transfer the Domain Name registration within such thirty (30) day period, we agree to refund to you or cause your registrar to refund to you any applicable fees you have paid. You agree that dotTV will not be liable to you for any loss or damages that may result from our suspension, cancellation or transfer of the Domain Name registration.
11. Modifications. You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore, you agree that dotTV shall have the right, in its sole discretion, to modify the terms and conditions of this Agreement or dotTV Policies from time to time. Any modification by dotTV shall be binding and effective immediately upon posting of the modified Agreement or modified dotTV Policies on dotTV's Site, except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on the Site. You agree to periodically review dotTV's Site to be aware of any such modifications. If you do not agree with any such modification, your sole remedy is to terminate this Agreement (thereby canceling your registration of the Domain Name) by providing dotTV with notice of your intention to terminate this Agreement. Notice of your termination shall be effective upon dotTV's receipt of such notice. You hereby acknowledge and agree that dotTV will not refund any fees paid by you in the event you terminate this Agreement. By continuing to use the Domain Name after a modification becomes effective, you agree to abide by and be bound by such modification.
12. Notices. All notices between us which are permitted or required under this Agreement shall be in writing and shall be delivered by personal delivery, courier delivery, electronic mail, and/or by first class mail, and shall be deemed given upon delivery, or transmission or seven calendar days after deposit in the mail, whichever occurs first. Notices to you shall be delivered to one of the addresses listed in the .TV database for you. Notices to dotTV shall be delivered to the following address, unless we post a different address at dotTV's Site, in which case notices to dotTV shall be delivered to that address: The .TV Corporation International, 1100 Glendon Ave, 8th Floor, Los Angeles California, 90024 Attention: General Counsel or email to info@www.tv.
13. Governing Law/Forum Selection. This agreement is governed by the laws of the State of California, USA applicable to contracts made and performed in the State of California, without regard to California's conflict of laws principles. You hereby consent to the exclusive jurisdiction of the federal or state courts in Los Angeles County, California, USA for any and all claims or disputes against dotTV. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason and waive all rights, if any, to a trial by jury.
14. Severability. If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly possible to reflect the original intention of dotTV you in executing this Agreement.
15. No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
16. Integration. This Agreement, together with the Dispute Policy and Privacy Policy, constitutes the entire agreement between dotTV and you relating to the Domain Names or your registration of the Domain Names. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between dotTV and you relating to the Domain Names or your registration of the Domain Names.
17. Written Agreement. This Agreement constitutes a written agreement between dotTV and you. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.