THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THE "TERMS") APPLY TO THE FREE 12 MONTH DOMAIN NAME REGISTRATION PROMOTION AVAILABLE TO PARTICIPANTS. EACH REGISTERED PARTICIPANT (AS DEFINED BELOW), AND EACH REGISTRANT OF A DOMAIN NAME PURSUANT TO THIS PROMOTION, AS THE CASE MAY BE DEPENDING ON THE CONTEXT IN WHICH SUCH TERMS ARE USED BELOW.
2. Eligibility; Restrictions. Participants of the Events are eligible to register an available domain name within the TLD for a twelve (12) month registration term without charge (a "Domain Scholarship"). Domain Scholarships are available only during the specified event period. Attendees must use a promotional code provided by the attended Event organizers or designated parties (a "Promo Code") in order to obtain a Domain Scholarship. Promo Codes may be unique to the event, are not transferable, may not be used by any person or entity other than an attendee, and may be used only once per attendee. Any circumvention or violation of these restrictions (e.g. registration of multiple domain names to multiple email addresses owned by the same individual or entity; transfer of a Promo Code to a non-attendee; or use of a Promo Code by someone who is not an attendee) will constitute abuse, entitling the Registry to terminate one, some or all of the abusing person’s registrations, in the Registry’s sole discretion. Domain Scholarships only entitle attendee to one year of registration (the "Scholarship Term").
3. Registrar; Registration Agreement. All domain names registered pursuant to the Scholarship promotion will be registered with the provider identified during the search process from the Site who will be the initial registrar of record for the registration (the "Registrar"). Registrants may transfer their registrations to another accredited registrar or reseller of their choice at any time after the first 60 days, subject to and in accordance with such registrar’s terms and conditions. Initial WHOIS record information for each registration will reflect the attendee as the registrant but may reflect the Registry’s or Registrar’s contact information and that the registration was obtained pursuant to the Scholarship promotion. Registrants may modify the WHOIS record to reflect their own contact information by logging into the domain management system at the Registrar and editing the WHOIS information for the domain. If any domain names are registered and reported as abusive, whether occurring during or after the Registration Term, the Registry may take administrative or operational action as necessary which may include locking, transferring, cancelling or otherwise taking down reported Domain Names. If action will be taken, the Registry will notify the Registrar prior to taking action and Domain Names included in any such actions will not be subject to a refund. Abusive domains may be defined as, but not be limited to unsolicited bulk email or spam, botnets, phishing, pharming, fast flux hosting, malicious hacking or the dissemination of malware. YOU ACKNOWLEDGE AND AGREE THAT IN ORDER TO USE A SCHOLARSHIP AND COMPLETE THE INITIAL REGISTRATION PROCESS, YOU MUST AGREE TO REGISTRAR’S GENERAL REGISTRATION TERMS AND CONDITIONS WHICH INCLUDES CERTAIN TERMS, CONDITIONS AND RESTRICTIONS, INCLUDING, WITHOUT LIMITATION, REGARDING USE OF YOUR DOMAIN NAME AND THE REQUIREMENT THAT YOU ADHERE TO ALL OF REGISTRAR’S POLICIES AND PROCEDURES REGARDING THE DOMAIN. YOU FURTHER ACKNOWLEDGE AND AGREE THAT (A) ALL REGISTRATIONS MUST BE RENEWED WITH THE REGISTRAR OR TRANSFERRED TO ANOTHER ACCREDITED REGISTRAR OR RESELLER UPON CONCLUSION OF THE SCHOLARSHIP TERM, (B) YOU ARE SOLELY RESPONSIBLE FOR SUCH RENEWAL OR TRANSFER AND FOR ALL COSTS AND EXPENSES ASSOCIATED THEREWITH IN ACCORDANCE WITH THE APPLICABLE REGISTRAR’S TRANSFER AND RENEWAL TERMS AND PROCEDURES.
4. Termination; Suspension; Modification. Notwithstanding anything herein to the contrary, the Registry reserves the absolute right to cancel, modify and/or suspend the Scholarship promotion described in these Terms at any time and from time to time in the Registry’s sole discretion without notice.
5. Publicity. The Registry shall have the right to (i) link to, showcase, copy, display and/or otherwise promote any website located on a Domain Name obtained via the Scholarship promotion (including the content thereon) from and on one or more websites (including, without limitation, this Site) owned or controlled by or on behalf of the Registry (collectively, " Registry Sites"), and/or in the Registry’s other marketing, promotional and communications materials and social media campaigns, and (ii) use each registrant's names, trademarks, brands, logos and other Site content for such purposes and to promote the fact that Licensee is a user of a domain name in the TLD. Each registrant acknowledges and agrees that the Registry shall have the right to contact such registrant for marketing and promotional purposes.
6. Governing law; Jurisdiction. All aspects of the Terms and the Scholarship promotion will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without reference to the conflict of laws principles of such jurisdiction. All disputes, claims and/or controversies in any way relating to or arising out of these Terms and/or the Scholarship promotion will be brought and heard exclusively in the courts located in the Commonwealth of Virginia. All users of the Site, attendees and registrants hereby irrevocably submit to the personal and subject matter jurisdiction of such courts, and waive any claim that such courts represent an inconvenient or otherwise inappropriate venue or forum.
7. Disclaimer of Warranty. THE REGISTRY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SCHOLARSHIP PROMOTION AND/OR ANY DOMAIN NAME, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (II) ANY WARRANTY THAT ANY DOMAIN NAME WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO AND USE OF ANY DOMAIN NAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, AND (III) ANY WARRANTY WITH RESPECT TO THE POSSIBILITY OR LIKELIHOOD OF ANY OF THE FOLLOWING OCCURRING OR NOT OCCURRING: (A) AN OBJECTION OR CHALLENGE TO YOUR RIGHT TO LICENSE, USE AND/OR REGISTER ANY DOMAIN NAME (ON THE BASIS OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE), AND/OR (B) REGISTRY SERVICES LLC DIRECT OR INDIRECT FACILITATION OR PERMISSION (EITHER PURSUANT TO A PROMOTION SIMILAR TO THIS ONE OR OTHERWISE) OF ANY PERSON’S USE AND/OR REGISTRATION OF A DOMAIN NAME SIMILAR TO ANY DOMAIN NAME YOU MAY REGISTER OR ATTEMPT TO REGISTER OR OF ANY DOMAIN NAME FOR A PURPOSE SIMILAR TO, THAT COMPETES WITH OR THAT MIGHT CAUSE CONFUSION WITH YOUR PROPOSED OR ACTUAL USE OF ANY DOMAIN NAME YOU MAY REGISTER OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR ELECTRONIC, OBTAINED BY YOU FROM THE REGISTRY OR THROUGH ANY REGISTRY WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR THEREIN.
8. Limitation of Responsibility and Liability. THE REGISTRY HAS NO OBLIGATION TO MAKE ANY DETERMINATION AS TO WHETHER (I) ANY DOMAIN NAME YOU MAY REGISTER OR ATTEMPT TO REGISTER (OR ANY USE THEREOF) INFRINGES THE LEGAL RIGHTS OF ANY PERSON, OR (II) ANY OTHER DOMAIN NAME (OR THE USE THEREOF BY ANY PERSON, INCLUDING A LICENSEE OR CUSTOMER OF THE REGISTRY) MAY INFRINGE YOUR LEGAL RIGHTS. IT IS YOUR SOLE RESPONSIBILITY TO INVESTIGATE YOUR LEGAL RIGHTS AND THE LEGAL RIGHTS OF OTHERS WITH RESPECT TO THE REGISTRATION AND USE OF ALL DOMAIN NAMES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE EXCLUSIVELY LIABLE FOR ANY INFRINGEMENT OR OTHER LIABILITY ARISING OUT OF YOUR USE AND/OR REGISTRATION OF ANY DOMAIN NAME AND THAT NEITHER THESE TERMS NOR THE SCHOLARSHIP PROMOTION VEST IN YOU ANY RIGHTS OF PRIORITY OR OTHERWISE WITH RESPECT TO ANY DOMAIN NAME, IRRESPECTIVE OF ANY INTELLECTUAL PROPERTY OR OTHER LEGAL RIGHTS YOU MAY HAVE. IN NO EVENT WILL REGISTRY SERVICES LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS OR DATA, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT THE REGISTRY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT WILL THE REGISTRY’S LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SCHOLARSHIP PROMOTION AND/OR YOUR REGISTRATION OR USE OF ANY DOMAIN NAME PURSUANT TO THE SCHOLARSHIP PROMOTION EXCEED THE AMOUNT OF ANY PAYMENT ACTUALLY PAID THE REGISTRY BY YOU.
9. Waiver. No failure or delay of the Registry to exercise any right or remedy under these Terms will operate as a waiver thereof; and no single or partial exercise or waiver of any such right or remedy will preclude any other or further exercise thereof or of any other right or remedy. The Registry will not be deemed to have waived any claim arising out of these Terms, or any right or remedy under these Terms, unless the waiver of such claim, right or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of the Registry; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
10. Severability. If any term or provision of these Terms or the application thereof to any person, entity or circumstance is found to be invalid or unenforceable, the remainder of these Terms will be unaffected thereby and each remaining term or provision of these Terms will be valid and enforced to the fullest extent permitted by law. In addition, the portion held to be invalid will be deemed modified to the least extent possible so that it becomes valid and enforceable in a manner as closely matching the original intent as possible.