Terms of Service

Introduction

For the purposes of these Terms, “we,” “our,” “us,” and “Name Census” refer to Ninble BV, the providers and operators of the Services. Name Census is a trade name of the private company with limited liability Ninble BV. Ninble BV is registered with the trade register of the Dutch chamber of commerce under number 65.605.268 and has TAX number NL.856182552.B01.

In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.

You must be 18 years of age or older to use the Services, children under the age of 18 cannot use or register for the Services. If you are 18 years of age or older but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.

By using, downloading, installing, or otherwise accessing the Services or any materials included in or with the Services, you hereby agree to be bound by these Terms. If you do not accept these Terms, then you may not use, download, install, or otherwise access the Services.

Certain features of the Services or sites may be subject to additional guidelines, terms, or rules, which will be posted on the Services or sites in connection with such features. To the extent such terms, guidelines, and rules conflict with these terms, such terms shall govern solely with respect to such features. In all other situations, these terms shall govern.

Your Account

In the course of registering for, buying or using the Services, you may be required to provide Name Census with certain information, including your name, contact information, username and password (“Credentials”). Name Census handles such information with the utmost attention, care and security. Nonetheless, you, not Name Census, shall be responsible for maintaining and protecting your Credentials in connection with the Services.

If your contact information or other information relating to your account changes, you must notify Name Census promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Name Census of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Name Census immediately.

License and Restrictions on Use

Name Census grants you a personal, global, royalty-free, non-transferable, and non-exclusive license to employ the software supplied as part of the Services. This license is strictly for internal use of the Services. Redistribution in any form is not permitted.

You are not authorized to, nor can you allow others to, copy, alter, create a derivative work from, reverse engineer, decompile, or extract the source code of the Services in any way, unless expressly permitted or mandated by law, or explicitly permitted by Name Census in written form (e.g., via an open source software license). Additionally, any attempts to disable or bypass any security mechanisms employed by the Services or any applications running on the Services are strictly prohibited.

Accessing the Services with the intent to evade fees or exceed usage limits or quotas is not allowed. If you wish to incorporate our database into your products that are then distributed to your customers, a fee per customer will apply. The fee must be negotiated with Name Census and confirmed in writing.

Use of the Services for the purpose of initiating an intellectual property infringement claim against Name Census or for creating a product or service in competition with the Services is strictly prohibited. It is also prohibited to use any robot, spider, site search/retrieval application, or other manual or automatic program or device to retrieve, index, "scrape," "data mine," or otherwise gather Content from the Services. The Services cannot be used to compile email lists for the purpose of sending mass emails or "spam". Accessing the Services for the purpose of collecting content for sale or resale is not permitted without the express written consent of Name Census.

Privacy Policies

These Services are provided in accordance with our Privacy Policy, which can be found at Privacy Policy. You agree to the use of your User Content and personal information in accordance with these Terms and our Privacy Policy.

Notwithstanding anything to the contrary, if you are utilizing the Services on behalf of an organization, you agree to permit Name Census to identify your organization as a customer and to use your organization’s name and/or logo in Name Census websites and marketing materials.

Modification and Termination of Services

Name Census is constantly innovating in order to provide the best possible Services. You acknowledge and agree that the form and nature of the Services which Name Census provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, API response object structure, API endpoints, automatic updates, and other enhancements. Any new features that may be added to the Sites or the Services from time to time will be subject to these Terms, unless stated otherwise.

You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.

You agree that Name Census, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Name Census will not be liable to you or any third party for such termination.

You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.

Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Changes to the Terms

These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the Sites or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.

Disclaimer of Warranty

You expressly understand and agree that your use of the Services are at your sole risk and that the Services are provided “as is” and “as available”.

Name Census, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Name Census, its 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, and (c) data and information provided through the Services will be accurate.

Limitation of Liability

You expressly understand and agree that Name Census, its subsidiaries and affiliates, and its licensors shall not be liable to you for any 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. These limitations Shall apply notwithstanding the failure of essential purpose of any limited remedy.

The limitations on Name Census liability to you in this section shall apply whether or not Name Census has been advised of or should have been aware of the possibility of any such losses arising.

Some states and jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Name Census total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount that you have actually paid for the services in the past twelve months, or one hundred dollars ($100.00), whichever is greater.

Feedback

You may choose to, or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Name Census under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

Disputes; Choice of Law; Jurisdiction and Venue

You agree that any disputes arising out of or relating to this Agreement or the Service shall be resolved in accordance with this Section.

This agreement is governed by the laws of the country of the Netherlands. The exclusive venue for any actions or claims arising under or related to this agreement shall be in the appropriate court located in Groningen, the Netherlands. All parties irrevocably waive any and all rights they may have to a trial by jury in any judicial proceeding involving any claim relating to or arising under this agreement. Headings are included for convenience only, and shall not be considered in interpreting this agreement. The agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.