The following entry requirements and obligations apply to your use of the Domain Sales Database:
Domain names are the result of, and are subject to all of the conditions, limitations, and restrictions contained in, domain name registration agreements between the Seller and a third-party domain name registrar or other service provider. As such, the transferability of domain name registration may be limited, prohibited, or otherwise subject to conditions imposed by the domain name registrar or service provider. Nothing in this Agreement or on the Site shall be construed to imply that the Seller possesses any rights to a Domain beyond those specified in the Seller's agreement with the relevant domain name registrar or service provider. The term "Domain" as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular domain name under its domain name registration agreement with a domain name registrar or other service provider as well as any content available at or through a particular URL.
As a Seller of a Domain listed on the DigiPawn database, you represent and warrant that: (1) you have registered the Domain with the appropriate Domain registrar or other registration authority; (2) your registration of the Domain is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain registrar or other registration authority; (3) you have not taken any action that would impair your ability or right to transfer the Domain registration and no such action has been taken against you; (4) the Domain is not the subject of any legal proceedings challenging your right to register or use the Domain; (5) you will accurately describe the subject listing; and (6) you own and have the right to sell the content, if any, listed as part of your Domain. You will not under any circumstances list or transfer the rights to any Domain that you do not have sufficient rights to transfer or that is illegal to transfer under applicable law. DigiPawn may refuse to list, or remove the listing for, any Domain which, in DigiPawn’s sole discretion, infringes or violates the proprietary rights of any third person or any other Domain, or which in DigiPawn’s sole discretion, is inflammatory, offensive, inconsistent with DigiPawn’s general policies or Acceptable Use terms, or otherwise may infringe any proprietary right of any third party. If your offer to transfer the Domain is accepted, you must complete the transaction with a ready, willing, and able Buyer.
The Seller agrees to set up a user account and to fill out the registration form completely and accurately.
The Seller of a Domain agrees not to enter a bid for his/her own offer and not to instruct other persons to do so. In addition, any user manipulation of Domain listing statistics is prohibited. You will not yourself, nor will you allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Services.
The Seller agrees to keep any data which he/she has added to the Domain Database up-to-date. If a Domain has been sold, he/she is to remove it from the database. Furthermore, the Seller agrees to remove the Domain from the Domain Database immediately if a warning has been issued, or as soon as any knowledge has been received that the rights of a third party or existing laws could be violated by the listing. This shall apply until legal clarification of the situation has been made.
Fixed Price Listings. By listing a domain for sale using the "Fixed Price" option, the Seller commits to a binding agreement to sell should a Buyer make an offer meeting the specified Fixed Price. The obligation to sell arises upon DigiPawn’s receipt of the first legitimate offer meeting or exceeding the Seller's specified fixed price.
You agree that if DigiPawn’s services are used to facilitate an agreement to buy or sell a domain name/web site, DigiPawn will assist with the transfer of the Domain unless otherwise agreed by DigiPawn and both parties involved in the transaction. The fees for assistance with the transfer of the Domain and use of DigiPawn’s Escrow Service are posted as set forth in Section 4 (Fees). You are responsible for any related fees charged by your registrar and/or financial institution.
The responsibility for the content of the entered listings, including the accuracy of any statistics, lies exclusively with the respective Sellers, Buyers, and users.
DigiPawn shall not be liable for legal transactions or other acts of the Domain Sales Database users. This also applies to any violations of rights of a third party through the entry of a domain name in the Domain Database, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights.
DigiPawn reserves the right, at any time, to reject the entry of any Domains into our Domain Database or to remove and blacklist Domains which have already been entered, without prior warning, without giving any reasons and at any time, especially in the case of user's violation of this Agreement, or suspected violation of rights of a third party concerning a Domain, or suspected violation of applicable laws. |
