1. Free Valuator Terms
1.1 Your use of Free Valuator’s products, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Free Valuator. “Free Valuator” is registered under Feltkamp.tv Multimedia, whose principal place of business is in Amsterdam, The Netherlands and whose mailing address is Feltkamp.tv Multimedia V.O.F , Bankwerkerij 114, 1021 NW Amsterdam, The Netherlands.
1.2 Unless otherwise agreed to in writing with Free Valuator, your agreement with Free Valuator will always include, at a minimum, the terms and conditions set forth in this document. These are referred to below as the “Global Terms”.
1.3 Your agreement with Free Valuator will also include the terms of any Legal Notices applicable to the Services, in addition to the Global Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Global Terms, together with the Additional Terms, form a legally binding agreement between you and Free Valuator in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Global Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Free Valuator in the user interface for any Service; or
(B) by creating an account on Free Valuator with the sign-up form or with the Facebook Connect Button; or.
(C) by using the Services. In this case, you understand and agree that Free Valuator will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Free Valuator, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. Service Overview
3.1 Free Valuator provides automated domain name appraisal services, data services, domain registration and an assortment of productivity tools. All services are fully automated and are provided AS IS and AS AVAILABLE without warranty or guarantee of any kind.
3.2 All information is provided for research purposes only. Domain valuations and values should not be taken literally. The valuation data is simply an aggregated summary of the various metrics associated with a domain or site.
3.3 All information, including valuation information, search volume information, cost per click information and other analytics is subject to change without notice.
3.4 Data services and tools are subject to information availability and may not be complete, accurate or up to date.
3.5 Trademark analysis and risk assessment information is provided for informational purposes only and should not be taken into consideration when making legal decisions. You agree not to hold Free Valuator responsible or liable for any damages which may result from the use of trademark analysis services.
3.6 All information provided by Free Valuator is the property of Free Valuator and cannot be republished, resold, redistributed or made publicly accessible without written consent from Free Valuator.
3.7 All services provided by Free Valuator are licensed for personal and small business use only. Enterprise users (corporations with more than 5 employees) must obtain an Enterprise license in order to use Free Valuator.
3.8 While Free Valuator takes measures to ensure service availability, certain high volume queries by our customers may result in Services being inaccessible or slow. In the event of Services becoming inaccessible or slow, you agree to notify Free Valuator of problem and reduce query load.
3.9 The scope of service is specified on the current Free Valuator web site. The amount of the corresponding fee for the Domain Cerificatel Service is specified on the Free Valuator web site.
3.10 Appraised values obtained from the Domain Certificate Service are estimated values. Furthermore, the price can deviate significantly upwards or downwards when an actual sale is made due to a special market situation, negotiating power or legal uncertainties (such as with respect to any potential conflicts with trademark rights of third parties).
3.11 All contents of Free Valuator appraisal reports are the copyright of Feltkamp.tv Multimedia V.O.F. and/or its suppliers. All rights reserved.
3.12 You acknowledge that you have been warned and understand that purchase and sale decisions should never be based solely on appraisal information or other information provided on our site or by an Free Valuator employee.
3.13 You understand, acknowledge and agree that all information and tools made available through the use of Services are generated using automated means and are subject to errors, inaccuracies, inconsistencies and incompleteness which may or may not be corrected by Free Valuator, at Free Valuator's discretion.
3.14 Lifetime is defined as lifetime of the product. If the product is ever discontinued, Free Valuator has no liability to continue to provide the services and the user agrees that all services have been fully delivered and were satisfactory. There is no continuing liability on the behalf of Free Valuator with regards to the user.
4. Provision of the Services by Free Valuator
4.1 You acknowledge and agree that Free Valuator may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Free Valuator’s sole discretion, without prior notice to you.
4.2 You acknowledge and agree that if Free Valuator disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.3 You acknowledge and agree that while Free Valuator may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Free Valuator at any time, at Free Valuator’s discretion.
4.4. You agree not to create multiple accounts on Free Valuator for the purpose of circumventing access restrictions and query limits.
4.5 You acknowledge and agree that Free Valuator reserves the right to cancel and terminate any account, without a refund, which violates the terms set forth in this agreement.
4.6. You agree not to use the affiliate program to sign up yourself or individuals from your organization.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Free Valuator will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Free Valuator, unless you have been specifically allowed to do so in a separate agreement with Free Valuator. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) unless accessing the designed API interface.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Free Valuator, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Free Valuator has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Free Valuator may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Free Valuator for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Free Valuator immediately at the contact page.
6.4 Furthermore, you agree to not share your login or password credentials with anyone. Only the user named in the registration form can access and use the service.
6.5 You agree not to access the service from multiple locations simultaneously unless you have been authorized to do so in writing from Free Valuator.
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with Free Valuator’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, graphics, domain metric) which you may have access to as part of, or through your use of, the Services are provided AS IS without warranty or guarantee of any kind.
8.2 You agree that you are solely responsible for (and that Free Valuator has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Free Valuator may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Free Valuator (or Free Valuator’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Free Valuator and that you shall not disclose such information without Free Valuator’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Free Valuator, nothing in the Terms gives you a right to use any of Free Valuator’s trade names, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Free Valuator, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.5 Unless you have been expressly authorized to do so in writing by Free Valuator, you agree that in using the Services, you will not use any trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Free Valuator
10.1 Free Valuator gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the service provided to you by Free Valuator as part of the Services (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Free Valuator, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Free Valuator, in writing.
10.3 Unless Free Valuator has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.
10.4 Access to Services is limited by daily query volume which are based on account level. Query volume is reset at midnight Central European Time (00:00:00).
10.5 A query is defined as a request to retrieve information for a single record. For example, an appraisal query containing a single domain is counted as a single query. Furthermore, a bulk appraisal containing 500 domains is counted as 500 queries. The above example is applicable to other queries (tool queries, information queries, etc).
11. Content licence from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Free Valuator a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Free Valuator to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You confirm and warrant to Free Valuator that you have all the rights, power and authority necessary to grant the above licence.
12. Automated E-mail Systems
Free Valuator strictly prohibits using these services as a platform for sending spam email. Free Valuator provides marketing lead research technology in the hope that domain sellers and domain buyers will be connected in a meaningful and mutually beneficial way and do not in any way encourage sending unsolicited bulk email.
13. Domain Name Registration
13.1 Free Valuator registers domain names for domain registrants.
13.2 Free Valuator will not activate or renew any Registered Name unless and until it is satisfied that it has received a reasonable assurance of payment of its registration fee. Free Valuator will not renew a domain if the Registrant has not payed the fee for the domain registration renewal.
13.3 Domain-Name-Server and necessary personal- and company information will be entered into the database of Free Valuator and will only be given to interested parties, should it be necessary for the function of the internet or required by registry or ICANN policy. The Registrant declare their consent that the personal data being published with the approval of the involved parties, and that these parties know that their data will be available for the public as a source of information on the internet, as well as that the use of incorrect or false information can be considered a violation of the registration policies. In case registry or ICANN policy requires validation and/or verification of registration data, The Registrant will assist Free Valuator in the fulfilment of such requirements. In the event Free Valuator learns of inaccurate contact information associated with a Domain Name registered, it shall take reasonable steps to correct that inaccuracy. Free Valuator reserves the right to terminate or suspend domain names in case of violations of registry or ICANN whois policy.
13.4 The Registrant is fully liable for orders made through Free Valuator. Free Valuator is obliged to inform the Registrant about all important agreements, policies, general terms and conditions, events and notifications, and to include these in its own registration agreement. Free Valuator is legally able to act in the name of the Registrant with respect to registrations, modifications, renewals and other domain operations.
13.5 The Registrant is obliged to ensure that no name-rights of third parties are violated by the registration or his use of the domain.
13.6 Free Valuator accepts no liability whatsoever for the (no longer) availability of a particular domain name, rejection of the application for a particular domain name, the unused expiration of an objection or appeal period due to the absence of instructions from The Registrant or claims of third parties with regard to a particular domain name. The Registrant indemnifies Free Valuator against all claims of third parties in any way arising from and/or in connection with the Registrant's use of a domain name registered on his behalf or in his name by Free Valuator.
13.7 If Free Valuator has already applied for a domain name before he has received complete payment from the Registrant for the domain name registration, then the requested domain name shall remain at the disposal of Free Valuator until complete payment has been made, regardless of any rights that the Registrant may assert to this domain name.
13.8 Where the application for a particular domain name is rejected then the Registrant must ensure the prompt provision of clear and complete instructions to Free Valuator, to allow timely notice of objection or appeal on behalf of the Registrant concerning the rejection of the application for domain name registration. The costs associated with the setup of this objection or appeal shall be borne by the Registrant.
14. Ending your relationship with Free Valuator
14.1 The Terms will continue to apply until terminated by either you or Free Valuator as set out below.
14.2 If you want to terminate your legal agreement with Free Valuator, you may do so by (a) notifying Free Valuator at any time and (b) closing your accounts for all of the Services which you use, where Free Valuator has made this option available to you. Your notice should be sent, in writing, to Free Valuator’s address which is set out at the beginning of these Terms.
14.3 Free Valuator may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Free Valuator is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Free Valuator offered the Services to you has terminated its relationship with Free Valuator or ceased to offer the Services to you; or
(D) Free Valuator is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Free Valuator is, in Free Valuator’s opinion, no longer commercially viable.
14.4 Nothing in this Section shall affect Free Valuator’s rights regarding provision of Services under Section 4 of the Terms.
14.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Free Valuator have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
15. Exclusion Of Warranties
15.1 You Expressly Understand And Agree That Your Use Of The Services Is At Your Sole Risk And That The Services Are Provided "As Is" And “As Available.”
15.2 In Particular, Free Valuator, Its Parent Companies Or Subsidiaries And Affiliates, And Its Licensors Do Not Represent Or Warrant To You That:
(A) Your Use Of The Services Will Meet Your Requirements,
(B) Your Use Of The Services Will Be Uninterrupted, Timely, Secure Or Free From Error,
(C) Any Information Obtained By You As A Result Of Your Use Of The Services Will Be Accurate Or Reliable, And
(D) That Defects In The Operation Or Functionality Of Any Software Provided To You As Part Of The Services Will Be Corrected.
15.3 Any Material Downloaded Or Otherwise Obtained Through The Use Of The Services Is Done At Your Own Discretion And Risk And That You Will Be Solely Responsible For Any Damage To Your Computer System Or Other Device Or Loss Of Data That Results From The Download Of Any Such Material.
15.4 No Advice Or Information, Whether Oral Or Written, Obtained By You From Free Valuator Or Through Or From The Services Shall Create Any Warranty Not Expressly Stated In The Terms.
15.5 Free Valuator Further Expressly Disclaims All Warranties And Conditions Of Any Kind, Whether Express Or Implied, Including, But Not Limited To The Implied Warranties And Conditions Of Merchantability, Fitness For A Particular Purpose And Non-Infringement.
16. Limitation Of Liability
16.1 Subject To Overall Provision In Paragraph 14.1 Above, You Expressly Understand And Agree That Free Valuator, Its Parent Companies, Subsidiaries And Affiliates, And Its Licensors Shall Not Be Liable To You For:
(A) Any Direct, Indirect, Incidental, Special Consequential Or Exemplary Damages Which May Be Incurred By You, However Caused And Under Any Theory Of Liability. This Shall Include, But Not Be Limited To, Any Loss Of Profit (Whether Incurred Directly Or Indirectly), Any Loss Of Goodwill Or Business Reputation, Any Loss Of Data Suffered, Cost Of Procurement Of Substitute Goods Or Services, Or Other Intangible Loss;(B) Any Loss Or Damage Which May Be Incurred By You, Including But Not Limited To Loss Or Damage As A Result Of:
(A) Any Reliance Placed By You On The Completeness, Accuracy Or Existence Of Any Information Generated By Free Valuator.
(B) Any Changes Which Free Valuator May Make To The Services, Or For Any Permanent Or Temporary Cessation In The Provision Of The Services (Or Any Features Within The Services);
(C) The Deletion Of, Corruption Of, Or Failure To Store, Any Content And Other Communications Data Maintained Or Transmitted By Or Through Your Use Of The Services;
(D) Your Failure To Provide Free Valuator With Accurate Account Information;
(E) Your Failure To Keep Your Password Or Account Details Secure And Confidential;
16.2 Above Shall Apply Whether Or Not Free Valuator Has Been Advised Of Or Should Have Been Aware Of The Possibility Of Any Such Losses Arising.