1. User’s Acknowledgment and Acceptance of Terms
2. Description of Services
We make various services available on this site including, but not limited to, offers domain backorders, preorders, alerts and other services to its customers, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information, that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party or
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
5. Intellectual Property Information
Copyright (c) 2016-01-01 Domain Brothers All Rights Reserved.
We do not warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
6. Unauthorized Use of Materials
7. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
(A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS
(B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. DomainBrothers.com Liability
You acknowledge and agree that DomainBrothers.com will not be liable or responsible for any breach by a Buyer or Seller of any Intellectual Property Rights or other rights held by a third party in relation to the supply or purchase of a Digital Asset or in relation to a Listing. The maximum aggregate liability of DomainBrothers.com under this Agreement for all breaches of this Agreement and for any negligent or other act or omission in relation to this Agreement, will not exceed the amount of the Fees paid by you to DomainBrothers.com.
You acknowledge that DomainBrothers.com and its Third Party Providers have made no warranties that the Services will be continuous or error free. You acknowledge and agree that DomainBrothers.com and its Third Party Providers shall have no liability or responsibility to you whatsoever for any unauthorised withdrawals or unauthorised spend of your DomainBrothers.com Credits, including where such withdrawal or spend arises from.
Upon a request by us, you agree to defend, indemnify/compensate, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
11. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
12. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
13. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
14. Termination of Use
15. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the ON, Canada. It can be accessed from all 50 states of USA, as well as from other countries around the world. As each of these places has laws that may differ from those of ON, by accessing this site both of us agree that the statutes and laws of the State of ON.
16. Entire Agreement
17. Domain transfer
DomainBrothers.com may assign its rights and novate or transfer obligations which arise under this Agreement. You must not assign, novate or otherwise transfer your rights or obligations under this Agreement without the prior written consent of DomainBrothers.com (which may be withheld).
If you purchased a domain name from us, we will inform you on how to accept your domain name. If you haven’t replied back to your transfer instructions and the domain expires in the meantime, Domain Brother s is not obliged nor responsible to renew your domain, in which case you might lose it.
18. User Prohibitions
- If you are a buyer or a seller you won’t be able to cancel a Private Sale initiated by you (including any cancellation as a result of a termination of this Agreement) until and unless its specifically approved by our admin team. If you decide to close your account in between DomainBrothers.com hold the right to lawfully charge your account with the amount that you committed in your sale.
- This Agreement and your User Account may be terminated by DomainBrothers.com at any time for any reason whatsoever with or without notice to you.
19. Advertising a Private Sale or Auction
You may, as a Seller, advertise your Digital Asset for sale via a One time sale or payment plan. You may do so by placing a Listing on DomainBrothers.com.
20. Digital Assets You Can Sell
- You must only list or sell Assets which you own or have legal rights to sell.
- When you create a sales listings on DomainBrothers.com you are warranting to DomainBrothers.com and to each buyer that
- you are the owner of all Intellectual Property Rights and all other rights, title with the subject for sale
- When the sale is complete the winner will receive the Digital Asset and all of its components
- If there are any Third Party Agreements associated with the name you will clearly mention that and they are transferable to the Buyer
- The new buyer will not be responsible for any loss or liability that had occurred to the subject of sale before the transfer
- Buyer may be registered as the owner of the domain name for the Digital Asset and that domain name may be transferred to another registrar
- You will also not list any items on DomainBrothers.com which:
- are obscene, vulgar and/or deemed by DomainBrothers.com to be offensive;
- contain material which infringes the Intellectual Property Rights of a third party or which assists others to infringe the Intellectual Property Rights of a third party;
- are engaged in activities which contravene the law of any territory; or
- contravene any provision of the Rules.
- If the asset you listed on our website is already sold, you must intimate the same to us. In failing to do so, any charges borne by Domain Brothers must be compensated by you. If you’re held responsible for breach of any of the Domain Brothers’ conditions, Domain Brothers holds all the rights to take required legal actions.
21. Domain Sale Requirements
When you decide to list with DomainBrothers.com you will respect the terms and conditions and all the users of DomainBrothers.com
Below mentioned terms and conditions apply:
22. Terms & Conditions of your Sale Listings:
- All the information provided in the listing should be 100% accurate and no false information or assumptions should be provided
- You will only list for sale items which you personally own or are legally liable to sell
- You will comply with terms of this agreement
- If a buyer buys your domain you will put in all the efforts to close the deal as early as possible
- You will provide the buyer with all the information and help close the sale by transferring the asset to the new owner asap
- If you are using any of our premium services you will pay for it using the rightful payment methods you own
- We have the right to turn off your account or stop your active listings at anytime
- You will not engage in double selling
23. Conditions for the Buyers
As a Buyer on DomainBrothers.com, you may offer to purchase a asset on sale of a Seller via DomainBrothers.com. When your offer to purchase is submitted you are obliged to fulfill the commitment made. All offers to purchase a Digital Asset must be made in accordance with the Rules. You also need to remember of the following terms & conditions whether you are a buyer:
- You need to verify that all the information provided in the listing you purchases is 100% accurate and no false information is provided to you
- You will comply with terms of this agreement
- If you win a sale you will put in all the efforts to close the deal as early as possible
- You will provide the seller with all the information and help close the sale by transferring the asset to the new owner asap
- If you are using any of our premium services you will pay for it using the rightful payment methods you own
- We have the right to turn off your account or stop your active listings at anytime
- DomainBrothers.com is not responsible for any damages, liability that comes along with the products you purchase, it’s completely your responsibility to check the validity of the product you are purchasing
- By using Domain Brothers’ PayPal payment option, you can purchase services/product(s) offered by Domain Brothers. You agree to allow PayPal to debit the necessary amount of your purchase from PayPal account or credit card(s), bank account(s) linked to your PayPal account.
- The transaction can be cancelled or invalidated by Domain Brothers at any given time. Once the payment is completed, Domain Brothers will verify the transaction details and if an update is needed due to any errors or misconduct, Domain Brothers will hold the power to reverse the transaction at any point.
Please Note: Domain Brothers does not collect your payment details (including, credit card details).
24. Domains Payment Plans Policy:
A payment plan is an agreement with DomainBrothers.com to pay the sale price you owe within an extended timeframe. There is an added charge for using payment plan with DomainBrothers.com. You can enroll in a payment plan only via Credit or Debit card auto payments. Penalty charges will be continued to be added to the amount you owe until the balance is paid in full. Penalty of 5% of sale price is applicable each time there is a late payment. Your payment balance will be sent to you on a monthly basis by email or you can email us and request your payment summary. You do have the option to pay early without any additional fees. You cannot revise your payment plans timeline.
25. Payment Schedule and Early Payoff Option
(a) Due dates: Payment is due on or before the date(s) listed in the Payment Schedule. Payment is deemed made when received by Seller.
(b) Late Payments: A late payment fee of 5% will be due and payable along with any payment made within twenty one calendar days after a payment due date.
(c) Early Payoff Option: Subject to all current payments having been made, with payment of any applicable late fee, the BUYER may exercise, at BUYER’s sole option, to pay SELLER the remaining balance of future payments in full to obtain early transfer of the domain name to BUYER.
26. Transfer Of Domain Name
Upon SELLER’s receipt of full payment of the Purchase Price and fees, the SELLER shall establish BUYER as the registrant of the domain name in accordance with the WHOIS data provided, within one business day. The domain name shall be deemed transferred to the BUYER upon the SELLER:
- Providing the BUYER with the login and password required to access the segregated registrar account, by which the BUYER can change the password to establish immediate exclusive control over and use of the Domain Name; and
- Providing the BUYER with a transfer authorization code to enable further transfer to a registrar of BUYER’s preference.
27. Maintenance Of Domain Name During Payment Term
During the term of this Agreement, the domain name shall remain under the custody and control of DOMAIN BROTHERS. BUYER authorizes DomainBrothers.com to maintain the domain under Domain Brothers account.
28. Buyer’s Use Of Domain Name
During the term of this Agreement, nameservers shall be designated as specified by BUYER from time to time.
BUYER warrants that the Domain Name shall be used solely for lawful purposes, and in accordance with any applicable laws, regulations, and registrar or registry policies. BUYER is solely responsible for determining its right to use the Domain Name shall be liable for its use, misuse, or any action causing impairment or loss of the Domain Name during such time as it is used by the BUYER.
BUYER shall indemnify, defend, and hold harmless the SELLER against any loss or damage (including all attorney’s fees, costs and other expenses) arising from claims of a third party for conduct arising from BUYER’s use of the Domain Name, including by example and without limitation any tortious or criminal act of:
(a) Negligence or product liability in the provision of any service or product;
(b) Illegal or Unlawful conduct;
(c) Breach of contract made by use of the Domain Name;
(d) Misappropriation, infringement, or violation of any patent, trademark, copyright, or trade secret; or
(e) Slanderous or libelous content.
In the event of such third party claim arising from use of the Domain Name, SELLER shall be entitled to demand and receive a surety of indemnification from BUYER in an amount appropriate to the circumstances as determined in the sole discretion of SELLER.
Any impairment or loss of the Domain Name attributable to BUYER’s conduct shall not relieve BUYER of any obligation hereunder, and in addition to the indemnification provided herein, BUYER shall be liable for immediate payment of the full Purchase Price to SELLER in the event of loss of the Domain Name attributable to BUYER’s conduct or to the extent of any impairment to the Domain Name
29. Conditions And Effects Of Default
Failure of payment of the Purchase Price within the time specified, or failure of any scheduled payment unless accompanied by the late payment fee within three business days of the scheduled payment, shall render the BUYER in default and SELLER shall have sole discretion to terminate this agreement with no remaining obligation of SELLER hereunder, and retention by SELLER of all goodwill in BUYER’s use of the Domain Name. All payments received prior to default by the BUYER shall be deemed lease payments for BUYER’s use of the domain name prior to default, shall not be refunded, and shall not be applied to any purchase credit for the Domain Name.
30. Indemnification and Warranties
SELLER warrants it has authority to engage in the transaction contemplated hereby, and warrants good and marketable title to the Domain Name.
BUYER warrants the domain registration data (WHOIS data) includes reliable contact details including: the full name, postal address, e-mail address, voice telephone number, and fax number if available, in compliance with the domain registration terms of the registrar.
BUYER EXPRESSLY AGREES THAT IT IS PURCHASING RIGHTS TO THE DOMAIN NAME AT ITS SOLE RISK. OTHER THAN AS PROVIDED IN THIS AGREEMENT, SELLER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. SELLER DOES NOT MAKE ANY WARRANTY THAT THE DOMAIN NAME(S) WILL MEET BUYER’S REQUIREMENTS, OR THAT BUYER WILL BE ABLE TO ATTAIN ANY SPECIFIC RESULTS OR VALUE ASSOCIATED WITH THE DOMAIN NAME(S) OR THE USE THEREOF.
31. Intellectual Property
Each Seller warrants to DomainBrothers.com that its Digital Asset and its Listing at all times will not infringe the Intellectual Property Rights of a third party. You warrant to DomainBrothers.com and its third-party providers that you will comply with all privacy laws and data protection laws in relation to the storage, use and transfer of Personal Information.
32. DomainBrothers.com Marketing Rights
Unless otherwise requested in writing by you, DomainBrothers.com may use your corporate identity (if applicable) as part of promoting the Services and DomainBrothers.com in the market place. You hereby grant DomainBrothers.com a royalty free, irrevocable, worldwide, perpetual license to display and use the contents of your Listing on DomainBrothers.com, including any excerpts from your Digital Asset which are contained in your Listing.
33. Agreement Standings
This Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of this Agreement and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of this Agreement.
34. Provision of Agreement
If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.