our domain selling/listing sites are a neutral facilitator only, and will not be responsible for the failure of either party to follow through with their obligations, agreed or otherwise. The content of a marketplace listing is the responsibility of the respective sellers including compliance with all laws and not engaging in misleading and/or deceptive conduct and therefore we are not liable for any violations of rights of a third party, in particular intellectual property rights, trade mark rights, and copyright resulting from a marketplace listing. we reserve the right to remove or edit a marketplace listing at any time and may ban users from participating in any of our marketplaces.
•Each DomainGamblers account must be held by one person only, and each person may hold only one DomainGamblers account
•User accounts are non-transferable.
•Private offers outside the DomainGamblers system are expressly forbidden.
•Users may not link to certain categories of external site. These include:
•Pages containing explicit, obscene or vulgar language or images.
•Pages containing copyright infringing material.
•Pages which could be classified as self-promotion, such as pages affiliated with the user.
•In general, external links are considered suspicious unless they're obviously contextually related.
•Users should take due care and perform due diligence when on either side of a transaction.
•All users should diligently monitor listings they are interested in; DomainGamblers can provide no guarantees about delivery of emails.
•Users who are banned by DomainGamblers administration can expect no refund of any monies paid to us.
Comments on the domains you are selling:
•Sellers may delete comments, but DomainGamblers may restore any comment deemed pertinent to the listing and useful to buyers.
Listings
•By submitting a listing, you grant DomainGamblers a permanent, irrevocable and unrestricted license to store and display the details of your listing.
•Negative comments are strictly disallowed.
•Accusations of fraud or theft must be dealt with through the Customer Support process and not through public comments.
•Frivolous comments are discouraged and may lead to sanctions.
•Comments should be made only to further the sale process and should be useful to buyers.
•By submitting a listing, you agree that in the event of a sale your contact details will be sent to the winning bidder.
•By submitting a listing, you agree that in the event of a sale your contact details will be sent to the winning bidder.
•A user making a winning bid or offer is obliged to buy for the amount of the winning bid or offer.
•The seller must provide full details of the item for sale, and must not intentionally hide information from public view.
•Items may be offered for sale through other channels whilst the subject of a listing on DomainGamblers but if sold on another site must be removed from ours..
•Domain names sold must include the ability to transfer the domain name to another registrar.
•Subdomains may not be sold as in this case there is no ownership which can be transferred.
•Listings breaching any guideline may be suspended or removed without refund of any monies paid.
•Listing text is copyright of the seller and as such unauthorised copies are forbidden.
Domains at Auction:
A reserve price must be set, and the reserve must be equal to or greater than the minimum bid price.
•The reserve price may not be made public by any means.
•The reserve price may not be changed once it has been met.
•The reserve price may be raised only if no bids have yet been placed.
•A Buy It Now price, if it exists, must be equal to or greater than the reserve price.
•Both the Buy It Now price and the reserve price may be lowered, but neither may be changed to an amount lower than the highest accepted bid.
•The listing will publicly display whether or not the reserve price has been reached by an accepted bid.
•Bids made in the final four hours postpone the end time to four hours after the bid was placed.
•An auction is completed once it has ended and all bids made in the last 72 hours have either been accepted or rejected.
•If an auction is completed and the reserve price is not met, the listing is passed in and all accepted offers immediately expire.
•If there are bids greater than or equal to the reserve price, the highest accepted bid is the winning bid.
•Bids and offers are anonymous to everyone except the seller.
•Making a bid or offer agrees that you may be the winning bidder, and that if so your contact details will be communicated to the seller.
•Sellers may not bid or offer on their own listing, either on their own behalf or through an intermediary.
•Users may not reveal to other users who placed a bid or offer, whether via PM or public comment or any other way.
•Bids or offers without a response from the seller within 72 hours will be automatically rejected.
•Responding to a bid or offer is permanent; rejected bids may not be subsequently accepted, and accepted bids may not be subsequently rejected.
Bids
•Bids are legally binding and irrevocable until a higher bid is accepted, at which time the previous highest bid expires.
•Bids may not be withdrawn by the bidder.
•All bids must be either accepted or rejected by the seller.
•Buy It Now bids without a response within 72 hours will be automatically accepted.
•Buy It Now bids may only be placed if the BIN price has not yet been matched or exceeded by an accepted bid.
•When a Buy It Now bid is placed, no other bids may be placed until that bid is accepted or rejected.
•Acceptance of a Buy It Now bid means the user who placed that bid is the winner, and the auction is won.
•If the seller specifies their PayPal address, Buy It Now bids may only be placed by direct PayPal payment; in this case, the bid is always accepted when the PayPal payment is made.
Offers
•Offers less than the minimum offer will not be accepted by the system.
•Offers may be retracted at any point before they are accepted by the seller.
•Offers are legally binding and irrevocable once accepted by the seller.
TERM OF AGREEMENT; MODIFICATION; TERMINATION
DomainGamblers General Terms of UseDomainGamblers GENERAL TERMS OF USE
These terms and conditions (this "Agreement") are by and between DomainGamblers. d/b/a DomainGamblers ("DomainGamblers"), and you, your heirs, agents, successors and assigns ("You" and "Your(s)"), each side a "Party" and together, "the Parties". This Agreement sets forth the terms and conditions of Your purchase or sale of one or more Domain Names with DomainGamblers or use of other services offered on DomainGamblers.net (the "Services") and explains DomainGamblers' obligations to You and Your obligations to DomainGamblers concerning the Services.
BY USING THE SERVICES WITH DomainGamblers, SUBMITTING REGISTRATION INFORMATION, CHECKING THE "I AGREE" CHECKBOX AT THE TIME OF REGISTRATION AND/OR EXECUTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (AS AMENDED FROM TIME TO TIME BY DomainGamblers IN THEIR SOLE AND ABSOLUTE DISCRETION). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE AND DO NOT USE THE DomainGamblers SERVICES. BY CONTINUING TO USE THE SERVICES OFFERED BY DomainGamblers FOLLOWING A CHANGE TO THIS AGREEMENT, YOU ARE ACCEPTING AND AGREEING TO THE CHANGE.
WHEREAS, DomainGamblers provides a service through the DomainGamblers website www.DomainGamblers.net that displays a DomainGamblers web page that DomainGamblers owns or controls to users who wish to buy, sell or obtain other services offered on this DomainGamblers website; and
WHEREAS, You wish to obtain one or more of the Services;
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration herewith, the receipt, adequacy and sufficiency of which are hereby acknowledged, DomainGamblers and You, intending to be legally bound, hereby agree as follows:
You agree that DomainGamblers may modify this Agreement and the Services from time to time. You agree to be bound by any changes DomainGamblers may reasonably make to this Agreement when such changes are made. If You have purchased Services from DomainGamblers, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. You agree that DomainGamblers shall not be bound by any representations made by third parties who You may use to purchase Services from DomainGamblers, and that any statement of a general nature, which may be posted on DomainGamblers.net or contained in DomainGamblers' promotional materials, will not bind DomainGamblers. DomainGamblers may, at times, offer certain promotions with different charges and features. DomainGamblers may, in our sole discretion, add, delete or change any of the services provided or fees charged by DomainGamblers.net. These will be binding on the date that they become effective, similar to any other revision that is made to this agreement. You agree that You will be responsible for notifying DomainGamblers should You desire to terminate Your use of DomainGamblers' Services. Notification of Your intent to terminate must be provided to DomainGamblers no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date. You agree that DomainGamblers may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the Services provided by DomainGamblers under this Agreement immediately and without any notice. Without limiting the foregoing, DomainGamblers.net may terminate this Agreement if DomainGamblers determines in its sole discretion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other DomainGamblers policies; or if DomainGamblers determines in its sole discretion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided DomainGamblers is found in DomainGamblers' sole discretion to be false or that DomainGamblers has been unable to authenticate or verify the veracity of such information.
ELIGIBILITY
Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through DomainGamblers. By completing the registration information, by opening an account with DomainGamblers, or otherwise participating in commercial activity conducted through the DomainGamblers.net, you certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to honor those obligations that you undertake. DomainGamblers reserves the right to refuse, limit or restrict its services for any reason at any time and in its sole discretion.
INFORMATION AND PRIVACY
Even though prohibited by this Agreement and by DomainGamblers' general policies, people may provide information that is false, harmful, or deceptive. DomainGamblers has a Privacy Policy that covers its use of your information which is incorporated herein by reference and the terms of which you acknowledge that you have read and accept and agree to abide by such terms. DomainGamblers will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. This policy may change in the future and the then-current policy shall govern at any given point in time. Please check this policy from time to time for possible changes that may have been made. You are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted with regard to and through DomainGamblers.net and the Services provided therein. DomainGamblers may take any action with respect to such information DomainGamblers deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our Services. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right you have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the DomainGamblers.net Privacy Policy and to further the goals contemplated by this Agreement.
ACCURATE INFORMATION; VERIFICATION
You agree to maintain accurate information by providing updates to DomainGamblers as needed while You are using DomainGamblers's Services. You agree You will notify DomainGamblers within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by DomainGamblers to determine the validity of information provided by You will constitute a material breach of this Agreement. You agree that DomainGamblers may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to DomainGamblers' Privacy Policy. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if DomainGamblers has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, DomainGamblers has the absolute right, in its sole discretion, to terminate its Services and close Your account. DomainGamblers has no control over the accuracy, quality or legality of advertised third-party Domain Names, the truth or the accuracy of the listings, the right and the ability of the listed seller to transfer the Domain Name or the ability of a buyer to consummate a transaction. DomainGamblers cannot and does not control whether or not third-party seller(s) will complete a transaction. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretense or making deceitful representations, all of which are borne solely by the buyer or seller, as appropriate. DomainGamblers does not confirm that users who access its website are who they claim to be. DomainGamblers encourages You to exercise reasonable, safe business practices as You would in any other commercial activity.
NO UNLAWFUL CONDUCT OR IMPROPER USE
As a condition of Your use of the Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid for the Services if, for any reason, DomainGamblers takes corrective action with respect to Your improper or illegal use of the Services.
DomainGamblers reserves the right at all times to disclose any information as DomainGamblers deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DomainGamblers' sole discretion.
If You have purchased Services, DomainGamblers has no obligation to monitor Your use of the Services. DomainGamblers reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. DomainGamblers reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
DomainGamblers reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against DomainGamblers or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. DomainGamblers may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed DomainGamblers levels.
Except as set forth below, DomainGamblers may also cancel Your use of the Services immediately and without notice if You are using the Services, as determined by DomainGamblers in its sole discretion, in association with spam or morally objectionable or illegal activities. Morally objectionable or illegal activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. You agree You will not be entitled to a refund of any fees paid to DomainGamblers if, for any reason, DomainGamblers takes corrective action with respect to Your improper or illegal use of its Services.
INTELLECTUAL PROPERTY
You agree that DomainGamblers or its licensor holds all rights, title and interest in the Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services.
You understand and agree that all content and materials contained in this Agreement, other policies, DomainGamblers.net, and any affiliated websites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that DomainGamblers or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of DomainGamblers or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.If You hold or assert any trademark, copyright, or other intellectual property right in or to a Domain Name, or any portion thereof, that is the subject of this Agreement, You do on your own behalf and not on behalf of any person and You hereby waive and release DomainGamblers. and its parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates from any and all claims arising from such rights.
REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge that Your actions in connection with using the Services infringe upon or conflict with the legal rights of a third party or a third party's trademark or trade name.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DomainGamblers., ITS SUBSIDIARIES, OR DomainGamblers BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT,INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF DomainGamblers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, DomainGamblers' liability is limited to the full extent permitted by law. You agree that in no event shall DomainGamblers' maximum aggregate liability exceed the total amount paid by You for the particular Service in dispute purchased from DomainGamblers.
DISCLAIMER OF WARRANTIES
ALL PRODUCTS, SERVICES, INFORMATION, AND DATA PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND "WHERE IS" AND WITHOUT ANY WARRANTY OF ANY KIND. DomainGamblers EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE QUALITY AND AVAILABILITY OF TECHNICAL SUPPORT. DomainGamblers ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH ACCESS TO OR USE OF SERVICES UNDER THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING; THAT THE FUNCTIONS OR SERVICES PROVIDED BY DomainGamblers WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS THEREWITH WILL BE CORRECTED; THAT THE SERVICES PROVIDED BY DomainGamblers WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES PROVIDED BY DomainGamblers UNDER THIS AGREEMENT WILL OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA; OR THAT YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM DomainGamblers. YOU ACKNOWLEDGE THAT DomainGamblers CANNOT AND DOES NOT CHECK TO SEE WHETHER ANY SERVICES OR YOUR USE OF THE SERVICES UNDER THIS AGREEMENT INFRINGE THE LEGAL RIGHTS OF OTHERS.
INDEMNIFICATION
You at Your own expense will indemnify, defend and hold harmless DomainGamblers., its subsidiaries, DomainGamblers and any third-party service providers and third-party beneficiaries to this Agreement and their employees, directors, officers, representatives, agents and affiliates against any claim, suit, action, or other proceeding brought against DomainGamblers or any third-party beneficiary to this Agreement by You or another based on or arising from any claim or alleged claim arising out of: any claim or alleged claim arising from this Agreement; a third party claim that a Domain Name(s) infringe any copyright, trade secret or trademark of a third party; or Your use of the services provided under this Agreement in any manner inconsistent with or in breach of this Agreement. You will not enter into a settlement or compromise of any such claim without DomainGamblers' prior written consent, which shall not be unreasonably withheld. Your obligation under this section extends to any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by DomainGamblers in connection with or arising from any claim, suit, action or proceeding.
WAIVER
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement through failure to act, delay in action, or otherwise, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed and delivered.
CHOICE OF LAW
This Agreement shall be interpreted and enforced in accordance with the laws of the state of Arkansas, without regard to Arkansas' laws on the choice of law. The Parties agree that any action relating to this Agreement is subject to the exclusive jurisdiction of the federal and state courts of the state of Arkansas, and further agree to proper venue in those courts. The prevailing Party in any such action shall be entitled to recover its reasonable attorneys' fees, costs and disbursements incurred in connection therewith.
NOTICE
Any notice or other communication required or permitted to be delivered to DomainGamblers under this Agreement shall be in writing and deemed properly delivered by certified mail, return receipt requested, to DomainGamblers., 104 york pl,Hotsprings,Ar,71913 attn: DomainGamblers. Any notice or other communication required or permitted to be delivered to You by DomainGamblers under this Agreement shall be deemed properly delivered by e-mail to the contact address that You have provided to DomainGamblers.
ENTIRE AGREEMENT; MERGER; SEVERABILITY
This Agreement, incorporating any other applicable DomainGamblers policies and any modifications that may be made hereto, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
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Information Security
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at nichebusiness at yahoo.com
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