1.1 “Demys” means Demys Limited, a company incorporated under the Companies Acts under company number SC197176 with its registered office at 33 Melville Street, Edinburgh, EH3 7JF, United Kingdom;
1.2 “Data” means information which is made available on the New gTLD Database in response to a search conducted by You and all other data contained within the New gTLD Database;
1.3 “New gTLD Database” means the website at http://newgtld.demys.com and associated back-end database;
1.4 “You” means you as the user of the New gTLD Database and “Your” or “Yours” shall be construed accordingly.
By logging on to and/or using the New gTLD Database You agree to be bound by these Terms and Conditions. Demys reserves the right to amend these Terms and Conditions from time to time by publishing revised terms and conditions on the New gTLD Database via the associated hyperlink within the New gTLD Database. Such revised terms and conditions shall supersede these Terms and Conditions from the moment that they become available to view on the New gTLD Database. Your licence and permission to use the New gTLD Database is non-exclusive and non-assignable. If You are an existing client of Demys these Terms and Conditions are supplementary to Your existing contract however in the event of any discrepancy between these Terms and Conditions and the said contract these Terms and Conditions will prevail.
The New gTLD Database is provided on an ‘as is’ basis. Demys will use its reasonable endeavours to ensure accuracy of the Data, however Demys:
3.1 does not warrant or guarantee the accuracy or reliability of any Data;
3.2 expressly disclaims all or any warranties, express or implied, relating to the New gTLD Database, including in particular any warranties of fitness for any particular purpose or to achieve any particular result;
3.3 will not be liable to You under any circumstances whatsoever for any direct, indirect, consequential, special or punitive damages arising from Your use of the New gTLD Database or from any errors or inaccuracy in the Data;
3.4 reserves the right, in its sole discretion and without liability to You, from time to time to make changes to the Data, to alter the nature of the New gTLD Database, and to withdraw any or all parts of the New gTLD Database;
3.5. does not warrant that the New gTLD Database will be free from interruption.
You are therefore advised to check any Data provided to You through the New gTLD Database as any reliance that You place on the accuracy of that Data is at Your own risk. If instructed by You to do so, Demys may provide professional advice regarding new gTLD domain names to You on Demys’ usual contractual basis or commercial terms and you agree to seek such advice from Demys before taking any action with reference to the Data. You acknowledge that the foregoing disclaimers in this clause 3 are reasonable having regard to the fact that the ICANN new gTLD process is subject to continual change and revision and that Demys is not providing the New gTLD Database to you as part of any professional service or on any fee paying basis.
4. Restrictions on Use of the New gTLD Database
You may use the Data for reasonable personal use or, in the case of a business, for internal purposes only. You may not collate, sell, rent, lease, publish or display the Data or any portion thereof to any third parties. You may not integrate the New gTLD Database or any of the Data into an intranet/extranet or into another service. You may not use automated scripts, software, spiders or any other automated means to perform searches on or to extract the Data from the New gTLD Database. Any attempt to extract or download significant amounts of the Data from the New gTLD Database or to compile a database from the Data obtained from the New gTLD Database is strictly forbidden. You may not adapt, vary, disassemble, decompile or reverse engineer the New gTLD Database or Data.
You are only entitled to use the Data in fair, lawful and responsible ways. Demys reserves the right to suspend Your access to the New gTLD Database without notice at Demys’ sole discretion and, without limitation, where it comes to Demys’ attention that the Data obtained from the new gTLD Database is being used in inappropriately. You agree to maintain adequate security safeguards to prevent access to the New gTLD Database and the Data by any third party.
You may not
1. distribute any substantial amount of the Data to third parties;
2. export or permit the export of any substantial amount of the Data to a country which is not within the EEA; or
3. use the Data for marketing purposes.
You agree that in relation to any personal data derived from the New gTLD Database You will comply with all applicable laws and codes of practice including the Data Protection Act 1998.
You agree that if any complaint is made which relates to Your use of the Data You will assist Demys, or the relevant authorities in investigating the complaint and You shall take such steps as are reasonably necessary to remedy the complaint as soon as possible.
5. Intellectual Property
Data obtained from the New gTLD Database, the software used to operate it and the trade marks, logos and other intellectual property used in connection with it are the property of Demys and have been compiled from public sources. No ownership or license of any such intellectual property rights is granted to You as a result of Your use of the New gTLD Database.
You may not copy the Intellectual Property used in providing the New gTLD Database without prior written permission of Demys.
Demys is a UK registered trade mark of Demys Limited, no. 2235341.
6. Your Liability To Demys
If You are a consumer (meaning a natural person acting outside his trade, business or profession), You will be liable for any reasonably foreseeable loss or damage suffered by Demys (including its officers, directors, staff, agents) arising from any breach by You of these Terms and Conditions. If You are a not a consumer (as defined above), You hereby indemnify Demys (including its officers, directors, staff, agents) against any claims, losses, damage and liability suffered and expenses (including but not limited to legal expenses) arising from any breach by You of these Terms and Conditions.
15. Scots Law
These Terms and Conditions shall be governed and construed in accordance with Scots Law and the Scottish Courts will have jurisdiction in any disputes between You and Demys.