TERMS OF SERVICE
We are excited that you have decided to use Brand.bar™ (the “Website” or our “Website”). We offer a great service that can be both useful and enjoyable. We have prepared the below document so that you understand the uses and limitations of our services.
You must agree to these Terms of Service (the “Terms”, “Terms of Service”, or the “Agreement”) in order to use and/or register to use our Website. Furthermore, the Terms of Service govern your use of certain services or features provided by the owner and operator of the Website, Dot Powered, LLC, a Texas limited liability company, with a registered address of 6107 Charlotte Lane, Killeen TX 76542, United States of America, (“Dot Powered”, “we”, “us”, or “our”). By using our services or features you (“you”) are agreeing to be bound by these Terms of Service.
Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features, and shall be deemed to be incorporated herein. To the extent such terms, guidelines, or rules conflict with the Terms of Service, the Terms of Service shall govern.
By registering with and/or using the Website, you are accepting these Terms of Service and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You may not access or use the Website or the services offered thereunder (the “Services”) if you are not at least 18 years old. You warrant that you have the right, authority and capacity to enter into and be bound by the Terms of Service and that by using the Website will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY IN THIS DOCUMENT. By clicking your agreement to these Terms of Service, which is a pre-condition of your registration for the Services you, on behalf of yourself and your heirs and successors, are confirming your acceptance of the Agreement as a whole, on your own behalf and on behalf of any entity for whom you are acting on behalf of. If you do not agree to the Terms of Service you will not be able to register for the Website and/or use the Services. The Terms of Service apply whenever you visit the Website whether or not you have chosen to register with us. If you do not agree with all of the provisions of this Agreement, you cannot use and should immediately cease using, the Website and/or the Services.
2.1 Brand.bar’s Services include the provision of an online forum (“Forum”) that provides the opportunity to obtain a crowdsourced rating (“Crowdsourced Rating”) for “Brandable” domain names. “Brandable” domain names are generally, short, or occasionally, long words or phrases, that can be found in a dictionary or may be creatively adapted (“Brandable Domain Name(s)) and which do not infringe upon any third party’s trademark rights.
2.2 Users who register with the Website and agree to the Terms of Service (“Registered Users”) may submit a Brandable Domain Name to the Forum on the terms and conditions contained herein, and as may appear from time to time on the Website in connection with the Services. Registered Users may also participate in the Crowdsourced Rating by rating Brandable Domain Names which have been submitted to the Forum (“Submitted Domain Names”) on the terms and conditions contained herein, and as may appear from time to time on the Website in connection with the Services.
2.3 We do not rate the Brandable Domain Names ourselves. Rather, the Crowdsourced Rating is derived from the community of Registered Users. As such, we disclaim any responsibility for a Crowdsourced Rating, which is derived from the average of all Crowdsourced Ratings submitted by Registered Users, and as such do not represent the opinions or ratings of Brand.bar.
3. Registered Users and Accounts
3.1 In order to become a Registered User, you must submit all information required by us at the time or registration (“Registration Information”). Registration Information may include your name, company name, address, telephone number, and email address. At all times you must ensure that the Registration Information is complete and accurate.
3.2 If you become a Registered User, we will provide you with a Website Account accessible with a User ID and Password. You must ensure that your User ID and Password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorized use of your Account or Password. You are responsible for any activity on our Website arising out of any failure to keep your Password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person’s User ID or Password to access our Website unless you have that person’s express permission to do so. We may disable your User ID and Password in our sole discretion without notice or explanation. Only one (1) Account is permitted per person.
4. Submitting a Domain Name for Approval
4.1 Registered Users may use their Account to submit a request that we approve a Brandable Domain Name for inclusion in the Forum (“Approve” or “Approval”), subject to the Terms of Service and subject to any other additional guidelines, terms, or rules, which will be posted on the Website in connection with the Services. All such requests for Approval are subject to our sole and unfettered discretion. If we Approve your request, we will list your Submitted Domain Name in the Forum (“Listing”) and it will be subject to a Crowdsourced Rating. We reserve the right to Approve, refuse, suspend, exclude, or terminate any Submitted Domain Name at any time, from the Crowdsourced Rating process, without any notice to you and/or without any explanation provided.
4.2 By submitting a Brandable Domain Name for Approval (a “Submitted Domain Name”) in the Forum, you represent and warrant that you are the lawful registrant and beneficial owner of the Submitted Domain Name, and that you have full authority, capacity, and right to submit it to the Forum for a Crowdsourced Rating.
4.3 By submitting a Brandable Domain Name for Crowdsourced Rating in the Forum, you are agreeing to subject the Submitted Domain Name to a Crowdsourced Rating by other Registered Users, and waive any and all right to dispute the Crowdsourced Rating, and/or to make any complaint, or commence any kind of proceeding against us or the Registered Users who contributed to the Crowdsourced Rating by rating a Submitted Domain Name.
4.4 Submitted Domain Names may be subject to certain fees charged by us for allowing you to submit a Brandable Domain Name for approval by us (“Submission Fees”). All Submission Fees will be set out in the Website and may change from time to time. You agree to pay the applicable Submission Fee, if any, in consideration of us receiving your request for Approval of a Submitted Domain Name. All Submission Fees are non-refundable are paid by you in consideration for our review and possible Approval of the Submitted Domain Name, notwithstanding whether it is subsequently approved by us for submission to the Forum.
4.5 We do not represent nor do we guarantee any particular volume of Crowdsourced Ratings or any particular quality or fitness for any purpose, of a Crowdsourced Rating for any Submitted Domain Name. It is entirely up to the community of Registered Users who participate in the Forum as to whether they choose to submit a Crowdsourced Rating, and what that Crowdsourced Rating will be.
4.6 You acknowledge and agree that if your Submitted Domain Name receives a Crowdsourced Rating, that you may not agree with it and that it may negatively affect the perceived value or reputation of your Submitted Domain Name, and you agree to hold us harmless from any complaint or proceeding in connection with a Crowdsourced Rating that you are unhappy or unsatisfied with, or that may have resulted in a perceived or actual depreciation of the value of such Domain Name.
4.7 Crowdsourced Ratings are for information and entertainment purposes only, and are not intended to be solely relied upon in commerce or to reliably value a domain name for any purpose.
4.8 Submitted Domain Name are reviewed and subject to possible Approval for Listing on a first-come-first-serve basis, unless you have paid for a priority Listing, upgraded Listing or any other special Listing that may be provided by us from time to time and which provides for a priority review and Approval.
4.9 If we offer a free Listing, in addition to being subject to the terms and conditions herein, such Listing may be limited to one per Account.
4.10 By submitting a request for Approval of a Submitted Domain Name, you are agreeing that in addition to other rights which we may have as specified herein, we may maintain the Listing for any applicable period, and that you may not be entitled to revoke your permission for inclusion of the Submitted Domain Name in the Forum. In addition, we may maintain historical records of all Listings, including associated Crowdsourced Ratings, and such records may be available to the public to see, indefinitely.
4.11 Except as may be expressly offered by us from time to time, we reserve the right in our sole and unfettered discretion, to include any Submitted Domain Name and its associated Crowdsourced Rating, on display in a special area of the Website for highly rated domain names.
4.12 We may offer functionality on our Website which allows other Registered Users to contact you if you have a Submitted Domain Name that is included in the Forum. Although we try to maintain the functionality of this feature, we do not represent or warrant that it will work or consistently function correctly. You agree to waive and hold us harmless from any claim that you may have in connection with any failure of a Registered User to contact you through the Website. You are responsible for disabling any functionality that allows Registered Users to contact you, in the event that you no longer wish to be contacted regarding any Listing.
4.13 From time to time we may charge a Success Fee which is payable by you in the event that you sell a Submitted Domain Name as a result of, or through the instrumentality of the Website, or that is sold while the Submitted Domain Name is included in the Forum. Subject to express notice to you of any such Success Fee and any applicable terms or conditions thereof, you agree to pay us a Success Fee.
4.14 You acknowledge and agree that we may use social media, such as but not limited to, Facebook and Twitter, to promote or communicate information about our Website and/or any Listings and/or any Crowdsourced Ratings.
5. Participating in the Crowdsourced Rating Process
5.1 Registered Users may participate in the Crowdsourced Rating Process by reviewing a Listing and by submitting their opinion, in the form provided, of the quality and/or brandability of a Submitted Domain Name (“Your Rating”).
5.2 You agree to only provide Your Rating in good faith, and not in an attempt to detract from, disparage, or negatively affect the perception of a Submitted Domain Name, or to otherwise game or manipulate the Crowdsourced Rating process. Only one Crowdsourced Rating is permitted per Account.
6. Participation in the Community Forum
6.1 We may offer an electronic forum for discussion by Registered Users (the “Discussion Forum”). All Registered Users should be considerate of the expectations and sensitivities of other participants in the Discussion Forum. All Registered Users must comply with good Discussion Forum etiquette, including but not limited to refraining from any post or submission which:
a) contains expletives or language which could be deemed offensive or is likely to harass, bully, upset, embarrass, alarm or annoy any other person;
b) is obscene, pornographic or otherwise may offend human dignity;
c) is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
d) incorporates the image or likeness of any individual without that individual’s express permission.
e) encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
f) is defamatory;
g) solicits or relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers) and which do not directly relate to a Listing.
h) involves the transmission of “junk” mail or “spam”;
i) contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from us or otherwise; or
j) itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights).
6.2 We may, in our sole and unfettered discretion, ban any Registered User who violates the above Section 5.1, or otherwise breaches the Terms of Service.
6.3 All Submitted Domain Names may be subject to discussion, commentary, critique, and valuation, and brandability rating by Registered Users and guests of Dot Powered LLC in the Discussion Forum and/or in live chats hosted by us. By submitting a domain name for Approval you are acknowledging and agreeing that you and/or your domain name(s), including but not limited to Submitted Domain Names, may be the subject of robust and vigorous discussion, that may include ridicule, disparagement, inaccurate valuation or rating, critique, and other commentary of a wide variety and nature by other Registered Users and by guests who participate in live chat sessions hosted by the website, and that neither Dot Powered LLC, its employees, shareholders, agents, members, and contractors, shall be responsible for any such communications made by in good faith in the course of engaging in or hosting live chats or the discussion forum.
7. Copyright and Trademark
The Brand.bar™ Website, including all content and Crowdsourced Ratings, is the exclusive property of Dot Powered LLC, and is protected copyright and trademark laws worldwide. Brand.bar™ and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on our Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
By using the Website, you agree to comply with all copyright and trademark laws worldwide. You may not modify the content of the Website, or reproduce, display, distribute or otherwise use any of the material contained on the Website, in any way for public or commercial use unless expressly authorized in writing by Dot Powered, LLC, to do so. You may not copy, imitate or use in any manner, any Crowdsourced Rankings, text, graphics, images, button icons, company name or logo contained on this website unless expressly authorized to by us.
8. User Content
8.1 “User Content” means any and all information and content that a Registered User submits to, or uses with, the Website or Services, included but not limited to within the Discussion Forum and your own submitted Crowdsourced Rating. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. Because you alone are responsible for your User Content (and not us), you may expose yourself to liability if, for example, your User Content violates the any third party rights. You are solely responsible for creating backup copies of your User Content if you desire.
8.2 You hereby grant, and you represent and warrant, that you have the right to grant, to Dot Powered, LLC, an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license for all the duration of the intellectual property rights to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of any moral rights or attribution with respect to your User Content.
9. Protection of the Brand.bar™ Website
You may not use the Website in any manner that could damage, disable, overburden or impair the Website in any way. You may not upload, post or otherwise transmit any materials on the Website that would negatively impact the functioning of the Website, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. You may not use any process or program to monitor, copy, summarize or otherwise extract information from the Website. Violations of system and network security may result in civil or criminal liability. Should we deem you to be in breach of this provision, we will terminate your access to your Account. We do not warrant that the Website will always be free of viruses or other harmful mechanisms.
11. NO WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND OF OUR SERVICES IS AT YOUR OWN RISK AND THAT THE WEBSITE AND OUR SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. DOT POWERED, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOT POWERED, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE WEBSITE, AND/OR (III) THE SERVICES FOUND AT THE WEB SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE WEBSITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY DOT POWERED, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SERVICES FOUND AT THE WEBSITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
12. Limitations and exclusions of liability
12.1 Nothing in the Terms of Service will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these Terms of Service.
12.2 The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Service (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms of Service or in relation to the subject matter of the Terms of Service, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
12.3 To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.]
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.7 Our aggregate liability to you under the Terms of Service will not exceed the greater of: (a) USD $100.00 and (b) the total amount paid and payable by you to us under the Terms of Service.
12.8 You agree to the publication of comments, reviews, Crowdsourced Ratings, and/or feedback relating to you and/or your domain names, by others, on the Website. You acknowledge that such comments, reviews, Crowdsourced Ratings, and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, Crowdsourced Ratings, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, Crowdsourced Ratings, reviews and/or feedback.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of the Terms of Service, or arising out of any claim that you have breached any provision of the Terms of Service.
14. Breaches of the Terms of Service
14.1 Without prejudice to our other rights under these Terms of Service, if you breach these Terms of Service in any way, or if we reasonably suspect that you have breached these Terms of Service in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Website;
(c) permanently prohibit you from accessing the Website;
(d) block computers using your IP address from accessing the Website;
(e) contact your internet services provider and request that they block your access to the Website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) delete and/or edit any or all of your Listings or Crowdsourced Ratings and User Content; and/or
(h) suspend and/or delete your Account with the Website.
14.2 Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different Account).
15. Our Role
15.1 You acknowledge that:
a) we do not confirm the identity of Registered Users or verify the registration or ownership of any Submitted Domain Name, or otherwise vet Registered Users
b) we do not check, audit or monitor the Crowdsourced Ratings or Discussion Forum;
c) we are not party to any sale a Submitted Domain Name;
d) we are not involved in any transaction between any Registered Users or other parties in respect of any Domain Name that has been submitted or Listed on the Website, not do we advertise any domain names for sale, save that we provide an online forum for Registered Users to submit a domain name for Crowdsourced Ranking which may indirectly result in the advertisement, promotion, or sale by a Registered User;
e) we are not the agents for any Registered User;
f) any disagreement or complaint about a Registered User’s opinion and associated rating of a Submitted Domain Name is between Registered Users and/or third parties;
and accordingly we will not be liable to any person, whether acting as a buyer or seller or otherwise, of any Submitted Domain Name. Furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any Submitted Domain Names and we will have no obligation to mediate between parties to any such contract.
16. Discontinuation of Services
We reserve the right in our sole unfettered discretion, to discontinue our Website and/or Services at any time with or without notice. If you have paid for an Approved Submitted Domain Name and we discontinue the Services prior to the expiry of the applicable Listing period, we will refund to you such portion of your payment as related to any period after the discontinuance of the Services. Save as provided in this Section, Registered Users will not be entitled to any refund upon the discontinuance of our Services.
17. Modification of Terms of Service
We may revise the Terms of Service from time-to-time. Revised Terms of Service will apply to the use of our Website and the Services from the date of the publication of the revised Terms of Service on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Service without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Service.
If a provision of these Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Entire agreement
21. Law and jurisdiction
Any legal proceedings based hereon, or arising out of, under, or in connection with these Terms of Service, shall be brought and maintained exclusively in the courts of the Texas, at the City of Houston. The parties hereto hereby expressly and irrevocably submit to the exclusive jurisdiction of the courts the State of Texas for the purpose of any such legal proceedings as set forth above. The parties hereto hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any such legal proceedings brought in any such court referred to above and any claim that any such legal proceeding has been brought in an inconvenient forum.
These Terms of Service are effective from the Date of Use for a period of one (1) year. Thereafter, these Terms will automatically renew for successive additional one-year terms upon the anniversary of the Date of Use, unless either party notifies the other party in writing of its intent not to renew or abide by these Terms of Service at least thirty (30) days prior to the end of the then-current term. We reserve the right to change these Terms of Service at any time in our sole, unfettered discretion and pursuant to applicable law. Amended versions of this Agreement will be effective upon posting on our website, and when such changes are deemed to be material by us, email notice of such amended version will be sent to Internet Traffic Owner. Your continued use of the Services after the effective date of any such changes will constitute your acceptance of and agreement to such changes. IF YOU DO NOT WISH TO BE BOUND TO ANY NEW TERMS, YOU MUST TERMINATE THESE TERMS OF SERVICE BY IMMEDIATELY CEASING USE OF THE SERVICES AND NOTIFYING US ACCORDINGLY. We agree to use commercially reasonable efforts to minimize unscheduled modification and maintenance interruptions. However, we reserve the right to modify or maintain the Services at any time, with or without notice to Internet Traffic Owner.
23. No Third Party Beneficiaries.
These Terms of Service are made solely for the benefit of the parties hereto and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of these Terms of Service.
No failure or delay by us in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
Any notice, communication or statement relating to these Terms of Service shall be in writing and deemed effective: (i) upon delivery when delivered in person; (ii) upon transmission when delivered by verified facsimile or other confirmed electronic transmission; (iii) when delivered by certified mail, postage prepaid, return receipt requested or by nationally-recognized overnight courier service (including but not limited to Federal Express) to the address of the respective party as recorded herein in the case of us, and as submitted by you in the Registration Information when registering for the Website; (iv) in the event of non-material changes to this Agreement, notice shall be deemed effective upon posting at our Website; (v) and in the event of material changes to this Agreement, notice shall be effective upon the sending of an email to your recorded email address as set out in the Registration Information. Copies of all notices to shall be sent to Dot Powered, LLC at:
Dot Powered, LLC
PO Box 1981,
Montgomery TX, 773556
All obligations herein which expressly or by their nature are to continue after termination, cancellation, or expiration of these Terms of Service shall survive and remain in effect after such happening.