This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Namhook Principles, and is our terms of service that governs our relationship with users and others who interact with Namhook, as well as Namhook brands, products and services, which we call the “Namhook Services” or “Services”. By using or accessing the Namhook Services, you agree to this Statement, as updated from time to time.
Because Namhook provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Namhook to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on Namhook, and you can control how it is shared through your privacy. In addition:
2.1. For content that is covered by intellectual property rights, like photos and music (IP content), you specifically give us the following permission, subject to your privacy you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Namhook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2.2 When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3.3. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Namhook, to access and use that information, and to associate it with you (i.e., your name and profile picture).
3.4. We always appreciate your feedback or other suggestions about Namhook, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Safety
We do our best to keep Namhook safe, but we cannot guarantee it. We need your help to keep Namhook safe, which includes the following commitments by you:
3.1. You will not post unauthorized commercial communications (such as spam) on Namhook.
3.2. You will not collect users' content or information, or otherwise access Namhook, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3.3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Namhook.
3.4. You will not upload viruses or other malicious code.
3.5. You will not solicit login information or access an account belonging to someone else.
3.6. You will not bully, intimidate, or harass any user.
3.7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
3.8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
3.9. You will not use Namhook to do anything unlawful, misleading, malicious, or discriminatory.
3.10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Namhook, such as a denial of service attack or interference with page rendering or other Namhook functionality.
3.11. You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
Namhook users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
4.1. You will not provide any false personal information on Namhook, or create an account for anyone other than yourself without permission.
4.2. You will not create more than one personal account.
4.3. If we disable your account, you will not create another one without our permission.
4.4. You will not use your personal timeline primarily for your own commercial gain, and will use a Namhook Page for such purposes.
4.5. You will not use Namhook if you are under 13.
4.6. You will not use Namhook if you are a convicted sex offender.
4.7. You will keep your contact information accurate and up-to-date.
4.8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
4.9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
4.10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
5.1. You will not post content or take any action on Namhook that infringes or violates someone else's rights or otherwise violates the law.
5.2. We can remove any content or information you post on Namhook if we believe that it violates this Statement or our policies.
5.3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5.4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
55. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
56. If you collect information from users, you will: obtain their consent, make it clear you (and not Namhook) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
5.7. You will not post anyone's identification documents or sensitive financial information on Namhook.
5.8. You will not tag users or send email invitations to non-users without their consent. Namhook offers social reporting tools to enable users to provide feedback about tagging.
6. Mobile and Other Devices
6.1. We currently provide our mobile services for free
6.2. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Namhook.
7. VIP Membership and Payments
Subscribing for VIP Membership means you agree to the following.
7.1. The Membership lasts for 4 months and renewable whenever you wish to.
7.2. No refund will be given after an account have been upgraded, suspended or client fails to provide necessary info to upgrade an account within a period of 48 hours.
7.3. VIP Members are not allowed to share any content on Namhook to Non VIP Members or to share it with other
people on other sites. Legal actions could be taken if this is violated, your VIP account will be terminated and
the penalty is N$10 000.
If you make a payment on Namhook, you agree to the third party (Gateway) payment policy.
8. About Advertisements and Other Commercial Content Served or Enhanced by Namhook
8.1. You agree to receive newsletters via email or via WhatsApp, you can unsubscribe to the newsletters following the instructions provided on each newsletter send out.
9. Amendments
9.1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
9.2. Your continued use of the Namhook Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
10. Termination
10.1. Any false accusations with no valid proof will lead to termination of service. Threatening or insulting other members will get you suspended too.
10.2. If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Namhook to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5
11. Disputes
11.1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Namhook exclusively in at any police station/court in Namibia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
11.2. If anyone brings a claim against us related to your actions, content or information on Namhook, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Namhook and are not responsible for the content or information users transmit or share on Namhook. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Namhook. We are not responsible for the conduct, whether online or offline, of any user of Namhook.
WE TRY TO KEEP NAMHOOK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING NAMHOOK AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT NAMHOOK WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT NAMHOOK WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. NAMHOOK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES
