Terms, Conditions,
Disclaimers and Copyright
This
is the user agreement for the use of the DealNames.com website.
DealNames.com (hereafter referred to as DealNames) 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(s)
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 DealNames. 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 DealNames of which details follow,
unless expressly stated otherwise on this website.
All the domains listed at DealNames are also listed for sale at Sedo®.
If you proceed to purchase a domain directly on the Sedo platform
(which is completely legitimate and permissible) your identity may
be temporarily kept anonymous from DealNames 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 direct involvement of DealNames, which
is the owner of every domain listed on this website via its parent
company Click as a Flash.
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.
DealNames 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, DealNames is an independent customer
of Sedo® for sales, GoDaddy® and Moniker® 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 DealNames (the seller) are legally bound by the terms
and conditions of Sedo (the sales agent), GoDaddy or Moniker (the former
registrars) and the terms and conditions of any receiving registrar
whether or not it is GoDaddy or Moniker. In any situation where you
use the services of other companies mentioned herein by DealNames,
their expressly stated terms and conditions, in the event of any conflict
or contradiction with those stated or paraphrased by DealNames,
overrule those of DealNames.
DealNames is entirely exclusive and independent of Sedo®. DealNames
is simply a customer of Sedo’s famous public domain listing, sales,
transfer and escrow service. Similarly, DealNames is entirely exclusive
and independent of Godaddy® and Moniker®. DealNames is
simply a customer of GoDaddy’s and Moniker's famous domain registration
services.
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 DealNames. You must furthermore agree to comply with all the
terms and conditions of the registrars as listed on their websites:
www.godaddy.com and www.moniker.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 DealNames 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.
DealNames 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 DealNames 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, DealNames 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 DealNames 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.
DealNames 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 DealNames' 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
DealNames' 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 DealNames 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 DealNames 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 DealNames 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 DealNames 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.
DealNames respects your privacy and will never sell your personal
details. DealNames 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(s) 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 DealNames 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 DealNames such as concluding
a domain purchase with a registrar or the sales agent.
DealNames, 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 DealNames to use
your information or part thereof in this limited way, you the buyer
agree to grant DealNames 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 DealNames with its sales agent and
registrar(s) and any other relevant companies who may be involved. As
stated elsewhere, DealNames respects your privacy, will never sell
your personal details and will only use your information where DealNames
deems it necessary for business transaction(s) between DealNames
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 DealNames without express
written confirmation of any such status. If any person or entity is
granted agent or representative status by DealNames, that person
or entity will be officially listed on the website.
DealNames 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.
DealNames 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. DealNames will comply
with legal processes, regulations and government and/or ICANN requests.
You agree that any information provided to DealNames 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. DealNames 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 DealNames income
taxes.) Note that DealNames is responsible for the payment of the
sales agent’s sales, transfer and escrow fees and that is expressly
the limit of DealNames' 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 DealNames,
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, DealNames reserves
the right to cancel the sale. Any reasonable reason for a delay such
as illness or vacation will be fairly considered by DealNames if
received within fourteen (14) days at its sole discretion.
The seller gives the undertaking that every domain advertised for sale
on the DealNames website is appropriately registered with an accredited
domain registrar (which is either GoDaddy® or Moniker®) 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 DealNames 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 DealNames 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.
DealNames 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.
DealNames 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
DealNames.
DealNames 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 into all possible rights issues.
All the domains offered for sale by DealNames 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, DealNames
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 DealNames is done solely at the buyer's
own risk. It is the buyer's sole responsibility to perform due diligence
on any domain name they are considering purchasing.
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, DealNames
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 DealNames for any domain sale and transfer.
DealNames shall not be held 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 DealNames 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 DealNames 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
48 hours or more has elapsed. 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 DealNames
or DealNames’ opinion will form a decision which will be taken
as final and uncontestable.
DealNames 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 DealNames.
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.
DealNames 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.
DealNames 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.
DealNames 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. DealNames,
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®
or Moniker®.
Any failure of the buyer to comply with either the terms and conditions
of DealNames 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 DealNames 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 DealNames, 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 obligations.
(Note that in the case of a successfully concluded sale and transfer,
it is the seller DealNames 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 DealNames.
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 DealNames
(less the sales commission which is paid for in full by DealNames).
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.
DealNames 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 DealNames.
Any genuine request for extra time, such as for vacations or illness,
will be considered at the discretion of DealNames 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 DealNames or the sales agent.
You agree that you will not be entitled to a fee refund, in whole or
in part, from DealNames if, for any reason, DealNames deems
it necessary to take corrective or legal action with respect to any
illegal or unauthorized use of the services on the DealNames website.
Neither DealNames 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 DealNames or
any third party concerning the ownership of a domain currently or previously
listed by DealNames 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 DealNames, the sales
agent and/or registrar(s) 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 DealNames or the sales agent,
you understand and agree that you may be financially liable for any
legal fees and costs incurred by DealNames 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 DealNames 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 DealNames
in writing as soon as possible and sales information can be withheld
by DealNames.
In the event of a conflict between the terms and conditions of DealNames
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.
DealNames is in no way responsible for any links either to or from
the DealNames.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 DealNames site. DealNames' use of and
endorsement of the exclusive sales agent represents opinion only and
good faith only, and does not constitute legal advice. DealNames
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 DealNames 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. DealNames 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 DealNames
shall create any warranty not stated expressly in these terms and conditions.
DealNames 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 DealNames website or the sales agent’s or registrars'
websites is used entirely at his or her own risk and without warranty
except where specifically expressed.
DealNames 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 DealNames, 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 DealNames, 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 DealNames, including but not limited to the purchase of a domain
name(s) or acting on information published on the DealNames 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.
DealNames’ 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
DealNames or any of the companies hyperlinked to or mentioned on
this website.
DealNames makes no warranty that the services provided by its website
will be error-free, timely or secure. DealNames 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 DealNames site must be commenced within
thirty (30) days of the date of payment for the purchase of the said
goods or services offered by DealNames. 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 DealNames 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 DealNames site or its goods, services
or information. You further agree to indemnify DealNames 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 DealNames 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 DealNames
is the buyer’s sole responsibility.
With regards to any use whatsoever of the goods and services of the
DealNames website, you agree to indemnify and hold harmless DealNames
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 DealNames
website.
In no event shall DealNames 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 DealNames 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 DealNames 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 DealNames.
With regards to any use whatsoever of the goods and services of the
DealNames website, you agree to indemnify and hold harmless DealNames
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 DealNames 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 DealNames.
This indemnity is additional to any other indemnity required of you
in the DealNames terms and conditions. If DealNames is notified
of a filed or pending lawsuit, you agree to promptly provide written
confirmation of your obligation to indemnify DealNames.
In the event of a dispute between yourself and DealNames, 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 DealNames.
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 DealNames for the domain name under dispute or legal contention,
and (B) $USD120.
You agree to indemnify and hold DealNames 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 DealNames 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 DealNames 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.DealNames.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 DealNames 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 DealNames 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 DealNames.
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 DealNames 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 DealNames 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 DealNames 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 DealNames website
in the sole context that the website exists to list and advertise genuinely
owned domain names for legitimate sale. You may not use DealNames
logos or other copyright materials for linking without express written
permission.
Any questions, suggestions or feedback to DealNames shall be deemed
to be in the public domain, non-proprietary and not subject to copyright.
As such, DealNames 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 DealNames and its business, do not send
them to DealNames.
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 DealNames.com
pages. This applies additionally to links provided by DealNames
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 DealNames site. DealNames does not endorse the goods and/or
services of other linked or mentioned websites, but is merely expressing
revocable opinion. DealNames 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 DealNames
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 DealNames 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
DealNames website contains copyright infringing material, please
contact this site immediately providing concise information, evidence
and your name and email address so the problem can be resolved.
DealNames does grant legitimate customers and visitors 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.
DealNames 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. DealNames 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 DealNames.
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 DealNames.
Any failure by DealNames 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 DealNames. DealNames
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 DealNames.
Deal Names is 100 per cent owned by Click as a Flash™. "Deal
Names" is a trading names of Click as a Flash. Information about
our privacy policy is available on Deal Name's Privacy page.
© Click As A Flash 2008-11. All rights reserved.
