PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE Domainator.com™ WEBSITE
(hereinafter "Site"). This Site is fully controlled and operated by
Domainator (hereinafter "Domainator"). By accessing and using
this Site, you are hereby agreeing to be legally bound by the terms and
conditions of Domainator (the "Agreement").
If you do not agree with all of the following terms and conditions, please
do not use this Site.
We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such changes
and/or modifications shall become effective immediately upon the posting
thereof. Without limiting the foregoing, we may occasionally notify you by
email about changes to the Site or provide notices of changes by
displaying notices or links to notices to you generally on the Site.
Please review the terms and conditions periodically. Your continued use of
the Site following the posting of changes and/or modifications will
constitute your acceptance of the revised terms and conditions.
OWNERSHIP
OF INTELLECTUAL PROPERTY: All software, design, text, photographs,
images, illustrations, audio, video, artwork, graphic material, or other
copyrightable elements, and the selection and arrangements thereof,
trademarks, service marks, trade names, trade dress, look and feel,
patentable material and other Intellectual Property (hereinafter "Int
Property") are the property of Domainator and or its subsidiaries,
affiliates or assigns, licensers or other owners. Said Int Property are
protected, without limitation, pursuant to U.S. and foreign copyright,
trademark and other applicable laws. Domainator hereby grants you a
personal, non-exclusive, non-assignable and non-transferable license to
use and display the Material for noncommercial and personal use only
provided that you maintain all copyright and other notices contained in
such Material. You agree not to reproduce, modify, create derivative works
from, display, perform, publish, distribute, disseminate, broadcast or
circulate any Int. Property to any third party, including, without
limitation, the display or distribution of the Material, without the
express prior written consent of Domainator. Additionally, you agree
not to disassemble, de-compile, reverse engineer or otherwise modify the
Int. Property. Any unauthorized or prohibited use may subject the offender
to civil liability and criminal prosecution under applicable
international, federal and state laws.
Any dealings
with third parties, including advertisers, included within the Domainator
web pages or participation in promotions, including the delivery of
and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such dealings or promotions,
are solely between you and the advertiser or other third party.
Domainator shall not be responsible or liable for any part of any
such dealings or promotions. Links to third-party web sites from the
Website are not necessarily under Domainator control, and Domainator
Inc does not assume any responsibility or liability for any content,
opinions or materials available at such third-party web sites. Domainator
does not investigate, monitor or check for accuracy such third-party
web sites and Domainator does not intend any such links to
third-party web sites to imply Domainator sponsorship or endorsement
thereof.
NO
UNLAWFUL OR PROHIBITED USE: You agree to not use the Domainator
Site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices, in any manner that could damage, disable,
overburden, or impair any Domainator site or service or interfere
with any other party's use and enjoyment of same. You may not attempt to
gain unauthorized access to the Domainator Site, other accounts,
computer systems or networks connected to the Domainator Site,
through any means.
User specifically agrees not to: Distribute content intended to harass,
abuse, threaten, impersonate any other individual or entity, and
disseminate obscene, defamatory, indecent, harmful, libelous, and or
unlawful material/information; Use the site or services for commercial
purposes; Transmit or upload programs or material that contain harmful
programs; Transmit or upload any material that contains software or other
material that is protected by Int. Property laws and/or would infringe
upon rights of privacy or publicity of a third party unless user owns or
controls the rights thereto or has received a license, permission and/or
consent thereto. Try to gain unauthorized access to the services or
computers connected to the Services though password mining or other means;
Interfere with another user's use and enjoyment of the site or services or
any other individual's user and enjoyment of similar services.
TERMINATION POLICY: Domainator may terminate the user's access to
the Domainator site and any services, at any time with or without
cause. Domainator shall not be liable to user or any other party for
termination of the Services and all terms found herein are non-negotiable.
LIABILITY
DISCLAIMER: Domainator makes no representations about the
suitability, reliability, availability, timeliness, lack of viruses or
other harmful components and accuracy of the information, software,
products, services and related graphics contained within the sites for any
purpose. All such information, software, products, services and related
graphics are provided "as is" without warranty of any kind. Domainator
hereby disclaim all warranties and conditions with regard to this
information, software, products, services and related graphics, including
all implied warranties and conditions of merchantability, fitness for a
particular purpose, workmanlike effort, title and non-infringement. You
specifically agree that Domainator shall not be responsible for
unauthorized access to or alteration of your transmissions or data, any
material or data sent or received or not sent or received, or any
transactions entered into through the site. You specifically agree that
Domainator is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any other
party or any infringement of another's rights, including Int. Property
rights. You specifically agree that Domainator is not responsible for
any content sent using and/or included the Domainator site. The
information, software, products, and services included in or available
through the Domainator site or services may include inaccuracies or
typographical errors. Changes are periodically made to the Domainator
site or services and to the information therein. Domainator may make
improvements and/or changes in the site at any time. Advice received via
the Domainator site should not be relied upon and you should consult
an appropriate professional for specific advice tailored to your
situation. In no event shall Domainator be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any
damages whatsoever including, without limitation, damages for loss of use,
data or profits, arising out of or in any way connected with the use or
performance of the sites or services, with the delay or inability to use
said site or related services, the provision of or failure to provide
services, or for any information, software, products, services and related
graphics obtained through the Domainator site, or otherwise arising
out of the use of the Domainator sites, whether based on contract,
tort, negligence, strict liability or otherwise, even if Domainator
or any of its associates, suppliers, subcontractors or employees has been
advised of the possibility of damages. Domainator makes no warranties
that the material on this site is legal or appropriate in any particular
country. If you are dissatisfied with any of the Domainator site or
services, or with any of these terms of use, your sole and exclusive
remedy is to discontinue using the Domainator site and or services.
Your use of such web sites is at your own risk.
PRIVACY POLICY: We are committed to protecting our users’ privacy.
Personal information is information that includes a person's name,
address, telephone number, date of birth and/or email address or any other
information that would allow someone to identify or contact you. We can
gather information on our users via voluntary submissions and cookies. We
reserve the right to collect such information for our own purposes,
including, but not limited to, statistical information and for advertising
purposes. We will not sell or provide this information to third parties
unless you specifically allow us to when you provide the information.
However, we may provide non-identifiable consumer data to third parties.
Note that all of said Personally Identifiable Information and/or Third
Party Personally Identifiable Information provided is subject to
disclosure pursuant to judicial or other government subpoenas, warrants,
or orders. Additionally, all information disclosed in a public forum, such
as bulletin board or chat room, is considered public information and is in
the public domain.
TERMS OF SALE:
By submitting an offer or using "Purchase Now" option for a domain name
(hereinafter "Domain"), user agrees that he have checked with his local
and federal authorities and is eligible to purchase the Domain. By
submitting an offer or using "Purchase Now" option for a Domain, user
specifically agrees that he or his affiliates have no trademark, patent,
copyright, trade secrets or other property rights on the Domain he is
submitting an offer or using "Purchase Now" option for. User specifically
agrees not to submit an offer, use "Purchase Now" option or otherwise try to
purchase any Domain that he or his affiliates believe to have any
trademark, patent, copyright, trade secrets or other property rights on.
Buyer agrees to indemnify and hold Domainator harmless from any and
all liabilities, losses, damages, cost and expenses including legal fees
associated with any claim or auction brought against Buyer for
infringement of any trademark, patent, copyright, trade secret or other
property based upon the sale, license or use of the Domain in accordance
with this Agreement.
Buyer agrees to pay total price for the Domain selected for purchase.
Domainator agrees to email Buyer detailed instructions, including a
password or registry key for permanently transferring control of the
Domain within 72 business hours of cleared payment from Buyer. Buyer
agrees to take control of the Domain within 7 days of sale, and Buyer
acknowledges it is solely responsible for renewing the Domain registration
with the registrar of record prior to the expiration date listed in "whois".
Domainator reserve the right to decline and/or make null and void any
offer or sale, at any time with or without a cause. User agrees to hold
Domainator harmless from any and all liabilities, losses, damages,
cost and expenses the denial of the offer or sale may cause.
ALL DOMAIN SALES ARE FINAL and subject to prior sale. No returns or
exchanges in any kind are being offered.
MISCELLANEOUS:
Waiver: No delay or omission by either party to exercise any right or
power it has under this Agreement shall impair or be construed as a waiver
of such right or power. A waiver by any party of any breach or covenant
shall not be construed to be a waiver of any succeeding breach or any
other covenant. All waivers must be in writing and signed by the party
waiving its rights.
Entire Agreement. This Agreement is the entire agreement between the
parties with respect to its subject matter, and there are no other
representations, understandings or agreements between the parties relative
to such subject matter.
Governing Law: This agreement is subject to the laws of the State of
Arizona. User agrees to waive questions of jurisdiction and venue and agrees
that all disputes brought by User shall be in the courts of Maricopa County,
Arizona. |