Terms, Conditions,
Disclaimers and Copyright
This is
the user agreement for the use of the CenterForDomains.com website.
CenterForDomains has now been incorporated into DealNames.com. The
brandable domains owned and offered are also multi-listed at TechBrand,
a division of DealNames.com. The terms and conditions listed here
are superseded by the terms and conditions of DealNames.com and TechBrand.com
when you visit either of those sites.
CenterForDomains.com (hereafter referred to as CenterForDomains) is
wholly owned by Click as a Flash™. If you do not agree to be bound
in full by these terms and conditions, you should not use this site.
Any action or procedure to purchase a domain name or names listed on
this site means you expressly agree in full to these terms and conditions
and in full to the separate terms and conditions of the wholly independent
sales agent, and/or to those of the wholly independent domain name registrar
where relevant, of which details follow.
There is one sole purpose of this website, which is to list, advertise
and sell domain names for sale wholly owned by CenterForDomains. Your
sole use of this website is expressly limited to selecting and purchasing
any said domain name or names via the exclusive acquisition and escrow
service of Sedo®‚ the exclusive and wholly independent and
unrelated sales agent used by CenterForDomains of which details follow,
unless expressly stated otherwise on this website.
All the domains (formerly listed at CenterForDomains and now listed
at DealNames.com) are also listed for sale at Sedo®. If you
proceed to purchase a domain directly at the Sedo platform (which is
completely legitimate and permissible) your identity may be temporarily
kept anonymous from CenterForDomains due to the nature of their automated
and partially automated systems. This may inhibit communication but
does not affect domain sales and transfers which may proceed without
the ongoing involvement of CenterForDomains, which is the owner of every
domain listed on this website via its parent company Click as a Flash
who also owns DealNames.com.
These terms and conditions are subject to change at any time, and it
is essential that you check them prior to any current or future use
of the services provided by this website as your use implies acceptance
of these terms and conditions.
Any use you make of the information or domains for sale or externally
linked websites on this website is entirely at your own risk.
CenterForDomains uses and recommends the services of several external
and independent companies as a public customer thereof, but has no private
commercial links or affiliations with them whatsoever. Recommendation
of their services represents only an opinion, and does not constitute
legal advice. No responsibility is taken for you or for any other third
parties using the services of any external companies mentioned on this
website.
Subject to these disclaimers, CenterForDomains is an independent customer
of Sedo® for sales, GoDaddy® for domain registration and Hostgator™
for hosting. Use of their services means you must separately read and
agree to their respective and separate individual terms and conditions.
Purchase of a domain means that both you (the buyer) and CenterForDomains
(the seller) are legally bound by the terms and conditions of Sedo (the
sales agent), GoDaddy (the former registrar) and the terms and conditions
of any receiving registrar whether or not it is GoDaddy. In any situation
where you use the services of other companies mentioned herein by CenterForDomains,
their expressly stated terms and conditions, in the event of any conflict
or contradiction with those stated or paraphrased by CenterForDomains,
overrule those of CenterForDomains.
CenterForDomains is entirely exclusive and independent of Sedo®.
CenterForDomains is simply a customer of Sedo’s famous public domain
listing, sales, transfer and escrow service. Similarly, CenterForDomains
is entirely exclusive and independent of Godaddy®. CenterForDomains
is simply a customer of GoDaddy’s famous domain registration service.
Your use of this website is further limited by the terms and conditions
of the sales agent. You must furthermore agree to comply with all the
terms and conditions of the sales agent as listed on its website: www.sedo.com
and if you do not you are expressly prohibited from using the services
of this website. Your use of this website is further limited by the
terms and conditions of the current registrar of all the domains listed
by CenterForDomains. You must furthermore agree to comply with all the
terms and conditions of the registrar as listed on its website: www.godaddy.com
and if you do not you are expressly prohibited from using the services
of this website.
You must be at least eighteen years of age and be able to enter into
a contract under the laws of your country. If you do not meet these
requirements, you must recruit a parent, guardian or eligible person
to act as your agent and acquire the domain and accept legal responsibility
on your behalf. Your business relationship with any such parent, guardian
or other eligible person who acts on your behalf is entirely your responsibility.
Your use of this website means you warrant and represent that you will
supply accurate and complete information as required for the intended
purpose of purchasing a domain name or names.
You must not attempt to acquire a domain name if any such domain name
alludes to contents, goods or services that are prohibited or illegal
in the country or jurisdiction in which you reside or operate. You must
not use the services of CenterForDomains in any instance where doing
so violates in any way the laws or statutes of the state, country or
jurisdiction in which you reside. It is solely your responsibility to
comply with your own local laws and statutes, and you access the services
of this website solely at your own risk.
While every attempt is made to ensure the business activities of this
site comply with all relevant laws, nevertheless your use of the services
of this site is entirely at your own risk.
Information and domain names published on this website are on an “as
is” and “as available” basis without any warranties to
the contrary, either express or implied. No warranties are made or implied
as to whether or not any domain names listed on this site are not subject
to any trademark or any other intellectual property claims.
CenterForDomains reserves the right to alter the price of or withdraw
from sale any of the domain names listed on this site at any time.
You agree that your use of the CenterForDomains website is at your sole
risk and that the services provided herein are on an “as is”
and “as available” basis without guarantee, express or implied.
These terms and conditions are subject to change and modification at
any time without notice, and any modifications are effective immediately
and supersede any that apply and exist previously. No warranty is made,
express or implied, regarding the accuracy or completeness of the information
contained on this website or for consequences thereof.
If you violate the terms and condition in any way, CenterForDomains
reserves the right to terminate without explanation your use of this
site in perpetuity.
A further condition of your use of this site is that you will not use
it for any purpose which is unlawful or prohibited by these terms and
conditions, including the infringement of the rights of any third party.
You are prohibited from any harvesting, data collection or data mining
via the use of software in any form, for example robots, spiders or
other invasive devices.
You must represent and warrant that you provide any necessary relevant
accurate and complete information in any action you take to acquire
a domain name listed on this site and in any actions you undertake with
the sales and escrow agent and/or associated registrar(s).
The sole purpose of CenterForDomains is to advertise domain names which
it owns, and to assist buyers by providing them with the contact details
of a wholly independent (but exclusive) sales and escrow agent. Your
sole authority with regard to this site is, while complying with the
terms and conditions of this site and those of the sales agent and registrar(s),
to acquire a domain name or domain names. It is your sole responsibility
to carefully check the spelling and extension etc of any prospective
domain purchase prior to entering a binding agreement to purchase.
CenterForDomains bears no responsibility for any future changes or costs
which may be made by registrars or by the internet's governing body
ICANN to domain registration rules, costs, continuity or existence.
You are expressly prohibited from using this site for any other purpose
beside those permitted in these terms and conditions, prohibitions which
include but are expressly not limited to any of the activities in the
following paragraph:
You may not violate the rights of any third party, for example but not
limited to defamation, libel, abuse or threats. You may not forward,
publish or link to any illegal contests, schemes, spam or similar. You
may not forward, publish or link to any infringing, profane, insulting,
indecent, child exploitation, terrorism, slavery or unlawful subject
or information. You may not use the site in connection with violation
of any privacy, intellectual property, copyright laws, licences or other
proprietary rights. You may not use the site in connection with harvesting
of email addresses for the purpose of contacting CenterForDomains clients
or any other members of the public. You may not use the site in connection
with malicious software, viruses or other invasive files such as hacking
intended to damage or covertly explore any third party computer or the
CenterForDomains server or the websites of the companies mentioned or
linked to on this website.
You may not attempt to evade, disrupt or defeat any security measures
applied by CenterForDomains or the websites mentioned on or hyperlinked
to from this website. You may not apply large volume automated processes,
searches or data mining to the CenterForDomains website or listed or
linked websites for solicitations, spamming, registration of second-level
domains or any other purpose. You may not use the site in connection
with sales or distribution of any illegal goods, services or information
in any jurisdiction for example drugs or firearms. You may not use the
site in connection with causing CenterForDomains to participate or appear
to participate in any illegal activities through association with your
own activities. You may not use the site in connection with inhibiting
the lawful activities of any third party using and benefiting from the
use of this site. You may not use the site in connection with transmitting
or publishing any misleading information or trademark or naming rights
violations. You may not use the site in connection with violation of
any applicable government laws in any jurisdiction.
As a responsible and ethical business CenterForDomains will cooperate
with any request by any government law enforcement agency, ICANN, the
sales agent, and/or the relevant registrar(s) with regard to any violation
of these terms and conditions associated with your use of this website.
CenterForDomains respects your privacy and will never sell your personal
details. CenterForDomains will not provide your personal details to
any third party except where required by normal business practices to
the sales and escrow agent, and/or domain name registrar who have their
own privacy policies, or except where requested by any government law
enforcement agency or ICANN. Your use of the site is permitted only
if you agree to similarly restrict and keep confidential any private
information about CenterForDomains and/or its employees and business
practices except where you need to use any such material in normal business
processes relevant to your transaction(s) with CenterForDomains such
as concluding a domain purchase with a registrar or the sales agent.
CenterForDomains, in so far as it enters into contracts to sell domain
names to buyers, has a limited requirement to store and use private
information from such buyers. That requirement may include sharing all
or part of that information with the sales agent and/or the relevant
domain name registrar(s) and/or ICANN. To enable CenterForDomains to
use your information or part thereof in this limited way, you the buyer
agree to grant CenterForDomains non-exclusive, worldwide, perpetual
and irrevocable rights to use your information in the process of selling,
transferring domain name(s) and transferring funds for the selling of
domain name(s) as required by CenterForDomains with its sales agent
and registrar(s) and any other relevant companies who may be involved.
As stated elsewhere, CenterForDomains respects your privacy, will never
sell your personal details and will only use your information where
CenterForDomains deems it necessary for business transaction(s) between
CenterForDomains and buyers.
You agree that any use of this site does not imply or grant you the
status of recommendation, partnership, joint venture, agency relationship,
employment, affiliate or associate of CenterForDomains without express
written confirmation of any such status. If any person or entity is
granted agent or representative status by CenterForDomains, that person
or entity will be officially listed on the website.
CenterForDomains may terminate your use of or access to this website
at any time, with or without any cause, reason or notification. In that
event, your obligations as stated in these terms and conditions in any
relevant situation survives any such termination of right of access.
CenterForDomains will not sell, publish or otherwise provide any personal
details provided to this site by visitors or buyers, unless legally
obliged to, in, for example but not limited to, violations of the terms
and conditions as described in this document. CenterForDomains will
comply with legal processes, regulations and government and/or ICANN
requests. You agree that any information provided to CenterForDomains
may be used internally, but not published or passed to any third parties
without your express written permission, except as required in the normal
sales and transfer process where required by the sales agent and/or
the relevant registrar or registrars and/or ICANN. CenterForDomains
reserves the right to retain a copy of any details you provide in its
business records in perpetuity, without being obliged to retain such
records.
You are responsible for any applicable government and/or financial institution
taxes, charges, services and expenses that may not be included in the
purchase price of any domain name purchased which may apply in any jurisdiction.
(This excludes the sales agent’s fees and CenterForDomains income
taxes.) Note that CenterForDomains is responsible for the payment of
the sales agent’s sales, transfer and escrow fees and that is expressly
the limit of CenterForDomains' liability in any sale.
You undertake that you understand that the domain names listed on this
site may be priced in either US dollars or Euros and that you have assessed
their value in your own currency prior to any decision to proceed with
any purchase.
If you have legally commenced to purchase a domain name from CenterForDomains,
you undertake to pay for the domain in a timely manner without unreasonable
delay, in full compliance with the terms and conditions of the sales
and escrow agent. If you have not completed the purchase procedure within
fourteen (14) days of commencing the purchase, CenterForDomains reserves
the right to cancel the sale. Any reasonable reason for a delay such
as illness or vacation will be considered by CenterForDomains if received
within fourteen (14) days at its sole discretion.
The seller gives the undertaking that every domain advertised for sale
on the CenterForDomains website is appropriately registered with an
accredited domain registrar (which is exclusively GoDaddy®) and
that it is not subject to deletion or cancellation by its registrar.
The seller undertakes to remove any domain name from the sales pages
within 48 hours (or less) of a notice of deletion or cancellation being
received from the registrar, until the matter is positively resolved.
The seller gives the undertaking that every domain advertised for sale
on this site is not known by CenterForDomains to be the subject of any
legal injunction, dispute, proceedings or undertaking which would impair
the legal purchase and transfer of each domain name. The seller gives
the undertaking that every domain advertised for this sale on this site
is not known by CenterForDomains to be the subject of any trademark,
intellectual property, naming mark or associated rights dispute or challenge.
The seller undertakes to remove any domain name from the sales pages
within 48 hours (or less) of a notice of any trademark, property, naming
mark or associated rights dispute or claim until any such matter is
positively resolved.
CenterForDomains makes no warranty that any domain name offered for
sale does not violate or conflict with the prior rights of any third
parties with regards to any business name, trademark or any other common
rights or intellectual property rights.
CenterForDomains makes the important statement that no examination has
been made with regard to finding or identifying any such pre-existing
rights. It is the sole responsibility of the buyer to initiate a search
for any such rights prior to purchasing a domain name or names from
CenterForDomains.
CenterForDomains makes no warranty that the buyer may use any domain
or domains after purchase from its website without violation of the
rights of any third party. It is the sole responsibility of the buyer
to ensure that a domain may be used without infringing any such rights
by performing a comprehensive search and investigation.
All the domains offered for sale by CenterForDomains are intended to
be generic in nature. None are known to be subject to trademark or intellectual
property claims in any jurisdiction in the world. Nevertheless, CenterForDomains
takes no responsibility for any future trademark or intellectual property
claim which may occur in respect of any of the domains offered. It is
the customer's sole responsibility to ensure that any domain they purchase
is not the subject of a trademark or intellectual property claim in
the jurisdiction(s) in which they operate, and any such purchase and
use of a domain name from CenterForDomains is done solely at the buyer's
own risk.
The seller undertakes to remove any domain name from the sales pages
within 48 hours (or less) of a purchase being initiated if reasonably
possible once notification has been received and read. The seller undertakes
to remove any domain name from the sales pages within 48 hours (or less)
if reasonably possible in the event of a warning or notice being received
and read that a particular domain is the subject of a trademark or other
rights dispute by a third party claimant until such warning or notice
is legally resolved.
The buyer undertakes that he or she will not attempt to purchase or
transfer any domain that may be illegal to transfer in his or her legal
jurisdiction.
The actual purchase price for any domain sale is the advertised price
on the sales pages of the sales agent. This may be in United States
dollars or Euros. This amount is converted to the buyer’s own currency
at current market rates at the time the buyer legally authorizes payment
for purchase. It is the buyer’s sole responsibility to consider
and evaluate the price of any domain purchase in his or her own currency.
The buyer accepts that there may be some rounding of the currency conversion
at point of sale either to the nearest US dollar or Euro. The buyer
accepts that there are constant currency fluctuations in world financial
markets and that it is his or her responsibility to check currency rates
at the moment of any purchase.
The buyer accepts that he or she is liable in full for any fee or charge
which may be applied by his or her bank, credit card company or other
financial institution or any government department or agency for their
role, participation in or oversight of the currency transfer and/or
domain sale.
Note that as stated elsewhere in these terms and conditions, CenterForDomains
pays the commission to the sales agent in full for their role in any
domain sale and this also expresses the full financial contribution
of CenterForDomains for any domain sale and transfer.
CenterForDomains shall not be liable for any damages or other claims
which may be made in the event of the failure of any domain name sale.
Note that every domain, subject to availability, is offered at a fixed
price at a first option to the first legal buyer. Note also that every
domain on the CenterForDomains website is also publicly listed for sale
on the website of our sales agent and as such every domain name could
be sold at any time. As stated elsewhere, no guarantee is made that
any domain name listed on the CenterForDomains site is still available
for sale at any given time. As stated elsewhere, domains which have
commenced the purchase process may not be removed from listings until
up to 48 hours or more later. In the event of more than one purchaser
attempting to purchase the same domain (or domains) in a narrow time
period, the advice of the sales agent as to who was the first to initiate
a legal purchase will be taken as final. If no advice is received from
the sales agent, the first dated correspondence received by CenterForDomains
or CenterForDomain’s opinion will form a decision which will be
taken as final and non-contestable.
CenterForDomains is not liable for any damages or any other claim which
may result from the failure to complete any domain name purchase and
transfer due to any circumstances, whether or not they are found to
be the fault of CenterForDomains.
The buyer agrees to accept full responsibility, after the transfer of
a domain has been completed to their registrar, for any dispute regarding
trademarks, intellectual property, naming rights or any other legal
rights with regard to their domain name purchase, ownership and future
use.
CenterForDomains makes no warranty to any prospective buyer that they
may use, assume ownership or have assigned any domain listed for sale
without violating any rights of a third party.
CenterForDomains expressly disclaims all express or implied warranties
of any kind, including without limitation, any implied warranty of commercial
suitability, appropriateness for a particular purpose and non-infringement
of any third party rights.
CenterForDomains renews the domains it owns annually. Consequently domains
for sale may potentially have anywhere from one (1) day to three hundred
and sixty five (365) days of remaining registration at the time of sale.
It is the sole responsibility of the buyer, prior to or at the time
of purchase, to immediately assess how much registration time remains
on any domain purchase and to renew it appropriately to ensure future
continuity of registration and ownership security. The seller, while
every effort is made to ensure all domains offered for sale have a minimum
of sixty (60) days remaining of registration, is however not responsible
for any failure of registration after the sale process commences. CenterForDomains,
if it is aware that less than sixty (60) days of registration remains
on a domain that has commenced a sale process, or if it is informed
by the sales agent or buyer that less than sixty (60) days of registration
remains after the sales process has commenced, undertakes to pay the
annual registration of the relevant domain at the annual fee of the
effective registrar the day preceding the time of sale, namely GoDaddy®.
Any failure of the buyer to comply with either the terms and conditions
of CenterForDomains or the sales agent and/or the registrar(s) may constitute
grounds for termination of the sale and transfer of any domain, without
compensation except for refunding any part of the purchase price in
the event that that money has been received by CenterForDomains or by
the sales agent, provided that the sales agent similarly agrees which
is entirely at its discretion. Note that failure to comply with the
requirements regarding the prompt and timely payment within fourteen
(14) days for any domain purchase may be grounds for termination of
any sale.
The sales agent, as per their terms and conditions which apply during
all transactions with CenterForDomains, reserves the right to cancel
any transfer and escrow transaction if either party fails to cooperate
as obliged after two (2) requests are made to the buyer’s (or seller’s)
email address as supplied to their accounts with the sales agent. The
sales agent further reserves the right to obtain the relevant commission
fee from the party who has failed to meet his or her legal obligation.
(Note that in the case of a successfully concluded sale and transfer,
it is the seller CenterForDomains who pays the sales agent’s commission
in full, provided that the buyer has fulfilled his or her obligations
in full.)
The buyer must read and agree in particular to the sales agent’s
terms and conditions regarding the resolution of any conflict or disagreement
between buyer and seller that may occur either during or after a sale
and/or transfer. This includes but is not exclusive to the policy that
states that once buyer’s money in part or in full has reached the
sales agent’s escrow account and once the domain or domains in
part or in full have been transferred to the buyer’s registrar,
then neither party may cancel the transaction.
The terms also include but are not exclusive to the policy that states
that the sales agent cannot be held responsible for any damages arising
from any failure of a transaction and transfer. The buyer and seller
must agree to the sales agent’s terms and conditions as published
on their website during and after any sales and transfer process. The
terms also include but are not exclusive to the policy that states that
the sales agent may set a deadline for any resolution of any potential
conflict between buyer and seller.
The terms also include but are not exclusive to the policy that states
that the buyer and seller must cooperate and not impede any stage or
procedure of the sales and transfer process whether by impeding or failing
to execute a procedure or transfer step, or failing to provide accurate
and timely contact details or any other failure to reasonably cooperate
in the transaction.
The terms also include but are not exclusive to the policy that states
that the sales agent is in no way responsible for verifying that any
domain name being transferred is free of any third party’s property,
trademark, naming, trading or other relevant rights or legal hindrances,
as described in their own terms and conditions. Failure to examine any
domain name sold for any violations of any such legal or commercial
rights is not the responsibility of the sales agent, who the seller
and buyer agree is acting solely in the capacity of a sales, transfer
and escrow agent.
The published terms and conditions of the sales agent overrule any summary
of those terms and conditions that may appear in these terms and conditions
published herein by CenterForDomains.
The sales agent offers a full and secure escrow service. Once you the
buyer have paid them in full for any domain purchase, the sales agent
instructs us to transfer the domain to you. The sales agent may be able
to provide information to assist you with technical aspects of the transfer,
at its discretion.
As per the sales agent’s terms and conditions which govern the
actual sales, transfer and escrow process, the sales agent contacts
the buyer by email in the event of an agreement for a sale being made.
The buyer is then obligated to remit payment to the sales agent in a
reasonable, cooperative and timely manner.
Once the full amount of money is received by the sales agent, the agent
instructs and advises the buyer and seller how to efficiently transfer
the domain from seller to buyer in a technical process. The sales agent
requires that both buyer and seller cooperate in a reasonable way and
any failure to do so will be considered a breach of the legal agreement
that has been initiated.
If a failure of transfer of a sold domain name occurs through no fault
of the buyer, then a full refund of the purchase price will be paid
back to the buyer from the sales agent’s escrow account. If a failure
by the buyer to cooperate is the sole reason for a failure of transfer,
then a refund may not be made as determined by the sales agent with
whom both buyer and seller have entered into a legal agreement. The
sales agent’s judgment of buyer and seller cooperation in any transaction
is final as it relates to potential refunds.
Once the domain is transferred to you, the sales agent reimburses CenterForDomains
(less the sales commission which is paid for in full by CenterForDomains).
A domain transfer is defined as being completed when the WHOIS information
in the registrar’s database has been updated to reflect that the
new owner has assumed technical control of the domain.
CenterForDomains reserves the right to cancel the sale and transfer
of any domain if the buyer does not respond to either one of two email
requests for a reply within 14 days, at the discretion of CenterForDomains.
Any genuine request for extra time, such as for vacations or illness,
will be considered at the discretion of CenterForDomains and/or the
sales agent.
In the event that a transfer is not completed, for whatever reason,
any buyer’s refund for any purchase funds remitted will be determined
by the terms and conditions of the sales agent.
Any cancellation of a transaction due to failure of the buyer to pay
for a purchase or to respond to email requests within a reasonable time
frame does not necessarily imply that there will not be a future claim
against the cancelling buyer by either CenterForDomains or the sales
agent.
You agree that you will not be entitled to a fee refund, in whole or
in part, from CenterForDomains if, for any reason, CenterForDomains
deems it necessary to take corrective or legal action with respect to
any illegal or unauthorized use of the services on the CenterForDomains
website.
Neither CenterForDomains nor its sales agent will be liable for any
damages or other claims arising from any failure to conclude any domain
sale or transfer and any consequences thereof.
Domain names are overseen and governed by the Internet Corporation for
Assigned Names and Numbers (ICANN) and domain disputes may be subject
to their rules known as the Uniform Domain-name Dispute Resolution Policy
(UDRP). In the event of a dispute between you and CenterForDomains or
any third party concerning the ownership of a domain currently or previously
listed by CenterForDomains which is subject to UDRP, you agree to submit
to and be bound by the determination of the UDRP. You understand and
agree that any claims you make are solely limited to the possible ownership
of a domain which may be the subject of a dispute, and that you waive
rights for any claim for compensation from CenterForDomains, the sales
agent and/or registrar in the form of any type of financial funds or
compensation.
Separate from your right to apply for ownership of a disputed domain,
you waive rights, including but not limited to, claims for compensation
for actual, statutory, compensatory or punitive damages due to any alleged
or perceived violation or claim related to loss of business (whether
actual or potential), trademark infringement, copyright infringement
or related or comparable alleged claims under the relevant laws of any
legal jurisdiction around the world. In a situation where you fail to
follow these terms and conditions with relation to a dispute concerning
a domain name or names involving CenterForDomains or the sales agent,
you understand and agree that you may be financially liable for any
legal fees and costs incurred by CenterForDomains and/or the sales agent,
including but not limited to any fees and costs which may be incurred
by submitting a dispute to ICANN’s UDRP process.
The buyer agrees that CenterForDomains may publish the name of any domain
name sold, and for what price (though not the name of the buyer without
his or her permission) on its own site or on any domain name news sites.
If you have a sound reason to object to this, please contact CenterForDomains
as soon as possible and sales information can be withheld at the discretion
of CenterForDomains.
In the event of a conflict between the terms and conditions of CenterForDomains
and the sales agent, the terms and conditions of the sales agent shall
prevail once you have entered into a contract and submitted your request
to purchase a domain or domains via the sales agent’s website.
CenterForDomains is in no way responsible for any links either to or
from the CenterForDomains.com website. No responsibility or warranty
is made or implied with regard to any information provided on any site
either linked to or from the CenterForDomains site. CenterForDomain's
use of and endorsement of the exclusive sales agent represents opinion
only and good faith only, and does not constitute legal advice. CenterForDomains
is not responsible for the actions of the independently owned and operated
sales and escrow agent whose services it uses nor for the independently
owned and operated registrar it uses.
The buyer agrees that any use of the CenterForDomains site, whether
by practical usage or by advice received, is entirely at his or her
own risk and that the services and information provided are on an “as
is” basis. CenterForDomains expressly disclaims any warranty, express
or implied, including but without being limited to, legal rights non-infringement,
business suitability or similar or related attributes with respect to
the information contained therein.
No information, advice or services that you obtain from CenterForDomains
shall create any warranty not stated expressly in these terms and conditions.
CenterForDomains makes no warranty that the services or information
provided by this website or by that of the sales agent and/or registrar(s)
will be timely, efficient, error free or secure. Services on these websites
are provided on an “as is” basis without warranty and fully
subject to the terms and conditions of all these separate and independent
websites. The buyer agrees that any information or data obtained from
the CenterForDomains website or the sales agent’s or registrar’s
websites is used entirely at his or her own risk and without warranty
except where specifically expressed.
CenterForDomains makes no warranty about the accuracy or reliability
of any information or advice contained on its website, or that of its
sales agent or registrar(s), and cannot be held responsible for such
information or advice.
Under no circumstances shall CenterForDomains, its officers, staff,
employees, affiliates, associates, service providers, sales agents,
registrars or suppliers be held liable for any lost profits, potential,
marketing, publicity, business, opportunities or claims in any form.
Under no circumstances shall CenterForDomains, its officers, staff,
employees, affiliates, associates, service providers, sales agents,
registrars or suppliers be held liable for any consequential, incidental
or special damages arising from any use of the services (including domain
name purchases and their consequences), information or agreement or
arising from any negligence in any form.
You the prospective buyer understand and agree that any use of the services
of CenterForDomains, including but not limited to the purchase of a
domain name(s) or acting on information published on the CenterForDomains
website, is at your sole discretion and risk and that you will be solely
responsible for any damages or loss of business arising from any such
use of the said services, transactions or information, or for any failure
or termination of domain name ownership that may follow for whatever
reason.
CenterForDomains’ potential liability, and the liability of its
officers, staff, employees, affiliates, associates, service providers,
registrars and suppliers to the buyer or associate or third party in
any circumstances is limited to the value of the service (such as a
domain name purchase) purchased by and paid for by the buyer. Any potential
liability of any other company is determined by their own terms and
conditions and it is the responsibility of domain name buyers and potential
buyers to agree to those terms and conditions prior to undertaking business
with CenterForDomains or any of the companies hyperlinked to or mentioned
on this website.
CenterForDomains makes no warranty that the services provided by its
website will be error-free, timely or secure. CenterForDomains makes
no warranty that its services will meet the requirements of the buyer.
Except as lawfully prohibited, you agree that regardless of any contrary
statute, any claim or legal action arising out of the use of the goods
or services offered by the CenterForDomains site must be commenced within
thirty (30) days of the date of payment for the purchase of the said
goods or services offered by CenterForDomains. Otherwise, any such action
is permanently prohibited and any right you may have to any such action
is permanently waived.
You agree to indemnify and hold CenterForDomains and its parent company,
officers, staff, employees, affiliates, associates, service providers,
sales agents, registrars and suppliers harmless from any claims or demands
in any form (not limited to attorney’s or other forms of legal
fees and not limited to any loss of income) made by any third party
arising from any use of the CenterForDomains site or its goods, services
or information. You further agree to indemnify CenterForDomains and
its parent company, officers, staff, employees, affiliates, associates,
service providers, sales agents, registrars and suppliers harmless from
(1) any claims arising out of any breach of the terms and conditions
of the CenterForDomains website or the information it contains or refers
to or is associated with, and (2) any violation of any law or the rights
of any third party. After purchase, any use of a domain name from CenterForDomains
is the buyer’s sole responsibility.
With regards to any use whatsoever of the goods and services of the
CenterForDomains website, you agree to indemnify and hold harmless CenterForDomains
and its parent company, attorneys, agents, employees, officers, management,
sales agents and registrars from any liability, loss, expense or damages
resulting from any claim or proceeding relating to your use of the CenterForDomains
website.
In no event shall CenterForDomains and its parent company, attorneys,
agents, employees, officers, management, sales agents and registrars
be held liable for any lost profits or associated, perceived, peripheral,
incidental, claimed or consequential damages arising out of or in connection
with the CenterForDomains site, services, or these terms and conditions
including but not exclusive to, negligence, fault or incorrect information.
This indemnity expressly includes any reasonable attorney’s fees
which CenterForDomains may incur in any such claim or proceeding. “Your
use” includes anyone acting on your behalf including but not exclusive
of attorneys, agents, affiliates or other associates who may undertake
to use a service of CenterForDomains.
With regards to any use whatsoever of the goods and services of the
CenterForDomains website, you agree to indemnify and hold harmless CenterForDomains
and its parent company, attorneys, agents, employees, officers, management,
sales agents and registrars from any liability, loss, expense or damages
resulting from any breach of these terms and conditions, including but
not exclusive of any negligence, unlawful act or willful misconduct
by you, or any claims that you have infringed any third party’s
trademark, copyright or other intellectual property rights.
This indemnity expressly includes any reasonable attorney’s fees
which CenterForDomains may incur in any such claim or proceeding. “Your
use” includes anyone acting on your behalf including but not exclusive
of attorneys, agents, affiliates or other associates who may undertake
to purchase a domain name from CenterForDomains.
This indemnity is additional to any other indemnity required of you
in the CenterForDomains terms and conditions. If CenterForDomains is
notified of a filed or pending lawsuit, you agree to promptly provide
written confirmation of your obligation to indemnify CenterForDomains.
In the event of a dispute between yourself and CenterForDomains, you
agree to fully cooperate during any proceedings, to make any claims
promptly and in writing, and to fully underwrite the costs of legal
counsel chosen by CenterForDomains.
The total possible liability, and the liability of its parent company,
officers, staff, employees, affiliates, associates, service providers,
sales agents, registrars and suppliers, to you or any third parties
in any circumstance is limited to the greater of: (A) The fee you have
paid to CenterForDomains for the domain name under dispute or legal
contention, and (B) $USD120.
You agree to indemnify and hold CenterForDomains and its parent company,
officers, staff, employees, affiliates, associates, service providers,
sales agent, registrar and suppliers harmless from any claim or demand,
including reasonable attorneys’ fees, made by a third party or
ownership claimant arising out of or due to your use of the services
of the CenterForDomains website, any breach of these terms and conditions
or the documents it incorporates by reference, or any violation by you
of the rights of any third party or any law in any jurisdiction pursuant
to your use of the CenterForDomains website.
No part of this site may be reproduced or transmitted in any form whatsoever
without the express written permission of the copyright holder. The
right of Click as a Flash to be identified as the author of this work
is asserted in accordance with the Copyright, Designs and Patents Act
1988. The www.centerfordomains.com site (and www.centrefordomains.com
site) shall not be re-transmitted, printed, lent or otherwise circulated
without the prior written permission of the copyright holder, and shall
not under any circumstances have these conditions waived for any recipient.
The artistic integrity of the work contained herein and the information,
graphics, data and text contained may not be altered, modified, copied,
published, transferred, sold, distributed, displayed, licensed or repurposed
in any way, shape or form, nor may derivative works be made from the
site, except where expressly permitted, without the prior written permission
of the copyright holder.
All content, data and information including database information assembled
on this website is the intellectual property of CenterForDomains and
is protected by copyright, trademark and other relevant proprietary
rights and/or trade secrets and laws around the world. Information about
the independent and unconnected sales agent, registrar(s) and hosting
company used by CenterForDomains is the intellectual property of those
organizations respectively, whether by common law, trademarks or service
marks, but not limited to these protections. Other rights not expressly
claimed in these terms and conditions are nevertheless reserved by CenterForDomains.
Any brand names, materials, logos, graphics, information, goods or services
belonging to other companies mentioned or cited on this site are common
law, trademarks, service marks and/or the intellectual property of their
respective owners.
The CenterForDomains website and all its component parts not limited
to its trademarks and not limited to the act of linking may not be used
in connection with any information, product or service that is likely
to cause confusion to or mislead visitors, customers or members of the
public, or to represent CenterForDomains in a misleading, offensive
or false way, including false recommendations. Furthermore, the website
and all its component parts and not limited to the act of linking shall
not be referred to or used in any way that discredits or disparages
or brings into disrepute the CenterForDomains website or the other companies
referred to or hyperlinked to by this website.
Subject to the proviso prohibiting misleading, offensive or disparaging
references in these terms and conditions, you are permitted a non-exclusive,
limited and revocable right to hyperlink to the CenterForDomains website
in the sole context that the website exists to list and advertise genuinely
owned domain names for legitimate sale. You may not use CenterForDomains
logos or other copyright materials for linking without express written
permission.
Any questions, suggestions or feedback to CenterForDomains shall be
deemed to be in the public domain, non-proprietary and not subject to
copyright. As such, CenterForDomains reserves the right to use any such
questions, suggestions or feedback received for its own marketing, FAQs,
site development, marketing or any other purpose without compensation
to you. If you wish to retain copyright or ownership of ideas or concepts
relating to domain selling, marketing or any other activity or information
related to or potentially related to CenterForDomains and its business,
do not send them to this website.
This site contains hyperlinks to other sites outside our control. No
responsibility is taken for any content contained therein or for any
action or advice you may take from these sites or from any of the CenterForDomains.com
(CentreForDomains.com) pages. This applies additionally to links provided
by CenterForDomains or by any third party. No judgment or warranty is
made respecting the accuracy or relevance of the contents or information
contained within any linked site, including any information on any of
those links concerning the CenterForDomains site. CenterForDomains does
not endorse the goods and/or services of other linked or mentioned websites,
but is merely expressing revocable opinion. CenterForDomains uses the
services of other independent but linked companies in good faith only,
without taking responsibility. Visitors to, readers of or actual or
potential customers of CenterForDomains should seek their own professional
financial and/or legal advice prior to using any services offered on
their website or by any of the other companies listed or hyperlinked
to.
Copyright in some images resides with various photo libraries. All images,
text and other media are presented for viewing purposes only. No part
of art, text, scraped data (for example for competitive analysis and/or
comparison), illustrations, photos, audio, logos, movies, design, architecture,
user interface, screenshots, navigation design, data or trademarks may
be saved, resold or reproduced in any shape or form in any media, including
any not yet invented. You may not use frames or other framing techniques
to enclose the CenterForDomains website or any component thereof. The
names, products and services of other companies which may be published
on this website may be protected trademarks or intellectual property
of these respective companies. In the event that you believe that the
CenterForDomains website contains copyright infringing material, please
contact this site immediately providing concise information, evidence
and your email address so the problem can be resolved.
CenterForDomains does grant legitimate customers a non-exclusive, non-transferable,
non-reproducable and non-assignable right to retain one (1) copy only
for personal, non-commercial and lawful use only provided that you maintain
all terms and conditions and other copyright notices with said copy
of the copyrighted data. This limited right only applies to a customer’s
personal computer and it is prohibited to upload or in any way re-transmit
or re-broadcast any material from this site onto the internet.
CenterForDomains operates this website from Sydney, Australia with a
registered business number in the state of New South Wales: (ABN 62
188 088 529). This website is primarily governed by the relevant laws
of NSW and Australia. In the event of any legal dispute arising from
your use of this website, you agree that the relevant court in NSW or
Australia shall be the sole venue and exclusive jurisdiction for any
such dispute. You agree that any dispute concerning the terms, conditions
or use of this website shall be filed in the relevant court in NSW or
Australia.
These terms and conditions are subject to existing laws, and may be
superceded or replaced by any relevant legal processes whether at the
directions or request of an official government, court or other law
enforcement entity. CenterForDomains will comply with any such directions
or requests with respect to any aspect of your use of this site.
These terms and conditions are potentially severable. If any part of
these terms and conditions is deemed to be unenforceable, not valid
or not legal under relevant law, then the unenforceable, invalid and/or
illegal term(s) or condition(s) shall be superceded and replaced by
the most similar enforceable provision that most closely resembles the
intent of the original term(s) and condition(s). The remainder of the
terms and conditions shall continue to be valid and applicable.
These terms and conditions constitute the whole legal foundation for
any business between the prospective user of this website and CenterForDomains.
You agree that a printed, true and accurate version of these terms and
conditions will be admissible as evidence and information in any legal
proceedings. Any alteration or variation to these terms and conditions
must be signed in writing by both you and a representative of CenterForDomains.
Any failure by CenterForDomains to act on or enforce any part of these
terms and conditions does not waive any rights to act on or enforce
them in the future. You are not permitted to subcontract, sublicense,
rent or otherwise assign or transfer to a third party your claims to
any rights in your use of or dealings with CenterForDomains. CenterForDomains
may at its sole discretion and without notice delegate any or all of
these terms and conditions and responsibilities to a third party.
Without limitation, use of this website is not authorized in any jurisdiction
that does not give effect to compliance with all the terms and conditions
in these terms and conditions.
Any relevant rights not expressly stated in these terms and conditions
are reserved by CenterForDomains.
Center For Domains is 100 per cent owned by Click as a Flash™.
"Center For Domains" is a trading name of Click as a Flash.
©
Click As A Flash 2008-12. All rights reserved.
