Terms, Conditions, Disclaimers and Copyright
This is the user agreement for the use of the BrandableDomain.com website. BrandableDomain.com (hereafter referred to as BrandableDomain) 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 the terms and conditions of the wholly independent domain name registrar(s) involved, and/or to the terms and conditions of the escrow agent(s) where relevant or involved, of which details follow.
There is one sole purpose of this website, which is to list, advertise and sell premium domains which are all wholly owned by BrandableDomain through it's owner, Click as a Flash™. Your sole use of this website is expressly limited to selecting and purchasing any said domain name or names via the acquisition and internal or external escrow service (for example Escrow.com) operated or managed by Uniregistry®‚ the exclusive and wholly independent and unrelated sales agent used by BrandableDomain of which details follow, unless expressly stated otherwise on this website or by supplementary written agreement.
All the domains listed at BrandableDomain are also listed for sale in the Uniregistry market. If you proceed to purchase a domain directly via the Uniregistry platform (which is completely legitimate and permissible) your identity may temporarily be kept anonymous from BrandableDomain 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 direct ongoing involvement of BrandableDomain, which is the owner of every domain listed on this website via its parent company Click as a Flash™.
The system is set up so that once payment from a customer is confirmed, the domain(s) may (1) be transferred very quickly to the buyer's Uniregistry account, or (2) arrangements can be made to transfer the domain(s) to a registrar of the buyer's choice, which typically takes about a week.
In the case of option (2) transfer may be subject to ICANN's "60 day non-transfer rule" if applicable to new BrandableDomain inventory registered at Uniregistry for less than 60 days. ("Push" transfers can still be made to a buyer's Uniregistry account.) ICANN (the administrator of the domain name system) maintains this rule for security reasons to reduce domain theft.)
BrandableDomain will cooperate on managing sales with Uniregistry in a reasonable and timely manner and once Uniregistry has confirmed your payment in full, will cooperate on the domain transfer(s).
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 provided; or domains purchased via this site; or externally linked websites on this site is entirely at your own risk.
BrandableDomain 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 (with the exception of any advertising messages which may be published by this site). Recommendation of their services represents an opinion only, and does not constitute legal advice. This is subject to change. 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, BrandableDomain is an independent customer of Uniregistry for domain registration and sales. BrandableDomain is also an independent customer of Escrow.com® a leading global provider of escrow services. Use of any of their services means you must separately read and agree to their respective and separate individual terms and conditions where relevant.
Purchase of a domain means that both you (the buyer) and BrandableDomain (the seller acting as a division of Click as a Flash) are legally bound by the terms and conditions of Uniregistry (the sales agent and registrar) and the terms and conditions of any receiving registrar whether or not it is Uniregistry. In any situation where you use the services of other companies mentioned herein by BrandableDomain, their expressly stated terms and conditions, in the event of any conflict or contradiction with those stated or paraphrased by BrandableDomain, overrule those of BrandableDomain.
What this means is that BrandableDomain acts as an advertiser of it's domain portfolio, and once a buyer navigates from this site to the UniregistryMarket buying platform, the buyer then must agree to Uniregistry's entirely independent and separate terms and conditions.
BrandableDomain is entirely exclusive and independent of Uniregistry®. BrandableDomain is simply a customer of Uniregistry’s renowned public domain listing, sales, transfer and escrow service (or escrow management). Similarly, BrandableDomain is entirely exclusive and independent of the renowned escrow service provided by Escrow.com®. Buyers may choose to use Escrow.com for their purchases from BrandableDomain, and this is recommended for peace of mind. Buyer funds are fully protected and not disbursed to BrandableDomain until possession of the domain(s) is completed. BrandableDomain is simply a customer of these well-known domain industry 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 registrar and sales agent as listed on its website: www.uniregistry.com and if you do not you are expressly prohibited from using the services of this website. If you proceed to purchase a domain owned by BrandableDomain, that signals your acceptance of the terms and conditions of both BrandableDomain and Uniregistry (and/or Escrow.com if applicable.)
You must be at least eighteen years of age and be able to enter into a contract under the laws of your country and/or jurisdiction. If you do not meet these requirements, you must recruit a parent, guardian or eligible person to act as your agent to acquire the domain and accept legal responsibility on your behalf. Your business relationship and trust with any such parent, guardian or other eligible person who acts on your behalf is entirely your responsibility.
Your use of this website for the identification and purchase of domains 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 from this site 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 may not use the services of BrandableDomain 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 your sole responsibility to comply with your own local laws and statutes, and you access the services of this website solely at your own risk.
Proceeding to purchase a domain via this website means you agree to all of these conditions.
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 subject to any trademark or any other intellectual property claims.
It is your sole responsibility to ensure that there are no past, present or future trademark claims or other claims or other forms of disputes regarding any of the domain(s) you may purchase from this site.
You should also make yourself familiar with the UDRP process whereby anyone, anywhere can lodge an ownership claim over any domain name if they can establish prior rights in the name and that a domain owner is acting in bad faith. You can find information about the UDRP process at the website of the administrator of the internet icann.org. This paragraph is for your general information only and does not constitute legal advice.
The Uniform Domain Name Dispute Resolution Policy was established by the Internet Corporation for Assigned Names and Numbers (ICANN) to resolve disputes regarding the registration of domain names. Please note that "bad faith" UDRP claims are made from time to time, which if successfully defended, can result in a finding of "Reverse Domain Name Hijacking."
BrandableDomain reserves the right to alter the price of or withdraw from sale any of the domain names listed on this site at any time without notice.
You agree that your use of the BrandableDomain website is at your sole risk and that the services provided herein are on an “as is” and “as available” basis without guarantee or warranty, 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, BrandableDomain 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 will provide any necessary, relevant, accurate and complete information in any action you take to acquire a domain name or names listed on this site and in any actions you undertake with the sales and escrow agent and/or associated registrar(s) in a timely manner.
If you have commenced a purchase, but have not proceeded to a required step towards payment within 7 (seven) days, BrandableDomain reserves the right to terminate the purchase. (Any reasonable request for an extension of time, such as a vacation, will be given fair consideration.)
The sole purpose of BrandableDomain is to advertise domains which it owns, and to assist buyers by providing them with the contact details of a wholly independent (but exclusive) sales and escrow agent (namely, Uniregistry and Escrow.com). 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.
BrandableDomain 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.
It is your sole responsibility after acquiring a domain name from BrandableDomain to lock the domain within your chosen registrar's management account, check the renewal date immediately and renew the domain on an annual basis. It is your sole responsibility to be aware that while in business and on the internet it is common to talk about "owning a domain" – domain ownership is actually contingent on also continuing to pay an annual renewal of registration fee at the domain's registrar.
Otherwise, the domain "expires" and soon after becomes available to the first buyer via the general availability "pool". In other words, technically speaking, all domains are effectively leased rather than "owned".
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 section:
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 BrandableDomain's 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 BrandableDomain's 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 BrandableDomain 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 BrandableDomain 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 provision, sales or distribution of any illegal activities, goods, services or information in any jurisdiction for example terrorism, fraud, drugs or armaments.
You may not use the site in connection with causing BrandableDomain 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 BrandableDomain will cooperate with any request by any government law enforcement agency, ICANN, the sales agent, and/or the relevant registrar(s), and/or the escrow agent, with regard to any violation of these terms and conditions associated with your use of this website.
BrandableDomain respects your privacy and will never sell your personal details. BrandableDomain will not provide your personal details to any third party except where necessary and applicable under normal business practices to the sales and/or 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 BrandableDomain 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 BrandableDomain such as concluding a domain purchase with a registrar or the sales agent. You must also maintain confidentiality about any information about the registrar(s) or escrow agent(s) except where reasonably necessary to complete a transaction.
BrandableDomain, 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 BrandableDomain to use your information or part thereof in this limited way, you the buyer agree to grant BrandableDomain non-exclusive, worldwide and irrevocable rights to solely 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 BrandableDomain with its sales agent and registrar(s) and any other relevant companies such as an escrow agent who may be involved. As stated elsewhere, BrandableDomain respects your privacy, will never sell your personal details and will only use your information where the company deems it necessary for business transaction(s) between BrandableDomain, any registrar(s), escrow agent(s) 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 BrandableDomain without express written confirmation of any such status. If any person or entity is granted agent or representative status by BrandableDomain, that person or entity will be officially listed on this website. If they are not clearly listed on this website, their claims are false.
BrandableDomain 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.
BrandableDomain 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. BrandableDomain will comply with legal processes, regulations and government and/or ICANN requests. You agree that any information provided to BrandableDomain 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 escrow agent(s) and/or ICANN and/or Verisign® who is the operator of the dot com registry. BrandableDomain 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 condition excludes the sales agent’s fees and BrandableDomain's income taxes.) Note that if BrandableDomain is responsible for the payment of the sales agent’s sales, transfer and escrow fees, then that is expressly the limit of BrandableDomain's liability in any sale in the case of any dispute.
You undertake that you understand that the domain names listed on this site are priced in US dollars (USD) 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 the purchase of a domain name from BrandableDomain, 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/or escrow agent. If you have not completed the purchase procedure within 14 (fourteen) days of commencing the purchase, or if you cease communication for a period of more than 7 (seven) days, BrandableDomain reserves the right to cancel the sale without explanation.
(Any unusual delay on the part of BrandableDomain or it's agents in the sales process, or by factors outside anyone's control, will typically result in an extension of the acceptable time period.)
Any reasonable reason for a delay such as illness or vacation etc will be fairly considered by BrandableDomain if received within 7 (seven) days at its sole discretion. Any such requests should be made in writing via email as soon as possible.
The seller gives the undertaking that every domain advertised for sale on the BrandableDomain website is appropriately registered with an accredited domain registrar (ie Uniregistry) 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 BrandableDomain to be the subject of any legal injunction, dispute, UDRP, proceeding or undertaking which would impair or impede the legal purchase and transfer of each domain name. The seller gives the undertaking that every domain advertised for sale on this site is not known by BrandableDomain 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 an authoritative notice of any trademark, property, naming mark or associated rights dispute or claim until any such matter is positively resolved.
BrandableDomain 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 in any jurisdiction around the world.
BrandableDomain 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 BrandableDomain.
BrandableDomain 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 on the internet without infringing any such rights by performing a comprehensive search and investigation into all possible rights issues. The buyer undertakes the responsibility to perform his or her own due diligence prior to purchasing a domain name from BrandableDomain.
All the domains offered for sale by BrandableDomain 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, BrandableDomain 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, intellectual property or any other claim in the jurisdiction(s) in which they operate, and any such purchase and use of a domain name from BrandableDomain is done solely at the buyer's own risk.
Domain names that have just been sold (ie within the previous couple of business days or so) may still be listed for sale at BrandableDomain.com. This is because buyers have a reasonable time to sign up with Uniregistry and/or Escrow.com in the course of commencing their payment. If a domain is already under such "pending sale" status, you will be advised if you attempt to buy it just after someone else and you will not be charged. The first buyer is automatically given first right of purchase over the domain name. The first buyer is also given a reasonable time period to make his or her payment, which will not be less than 2 (two) days, and longer at the sole discretion of the current owner. It is in the buyer's interest to communicate frequently with the seller in regards to the payment schedule.
The seller undertakes to remove any domain name from the sales pages within 48 hours (or less) of a payment being received in full for a purchase, or if the seller is certain that payment will take place. The seller further undertakes to remove any domain name from the sales pages within 48 hours (or less) if reasonably possible in the event of a plausible 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. A warning or notice is judged as "plausible" or "genuine" at the sole discretion of the seller.
Conversely, potential buyers should be aware that all domains listed at BrandableDomain are available for sale at the advertised prices at any time, with the exception of any which another buyer may have commenced purchase of but not yet completed payment. Sales are made on a first come, first served basis. The first customer who proceeds to purchase has the first option to purchase a domain or domains and given a reasonable time to complete payment. The definition of a "reasonable time" is at the sole discretion of the seller.
The buyer undertakes that he or she will not attempt to purchase or transfer any domain that may be illegal to do so in his or her legal jurisdiction.
The actual purchase price for any domain name sale is the advertised price on the sales pages of the sales agent. This is in United States dollars (USD). 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 and to make their own conversion estimate prior to purchase. The buyer accepts that there may be some rounding of the currency conversion at point of sale to the nearest US dollar or due to volatile currency fluctuations. 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. The buyer also accepts that he or she is liable in full for any relevant taxes applicable to the transaction on his or her side of the transaction. (The buyer is not liable for the applicable taxes of the seller, the sales and/or escrow agent.)
BrandableDomain 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 BrandableDomain website is also publicly listed for sale on the website of our sales agent (called Uniregistry Market®) 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 BrandableDomain site is still available for sale at any given time. As stated elsewhere, domains which have commenced the purchase process may possibly not be removed from listings until several days or even more time has elapsed.
In the event of there being 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 BrandableDomain (or in BrandableDomain’s opinion) will form a decision which will be taken as final and uncontestable and this is a further condition of your use of this website.
BrandableDomain 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 BrandableDomain.
The buyer agrees to accept full responsibility, immediately 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 current and future use in any jurisdiction worldwide.
As stated elsewhere, BrandableDomain does not list names with any known trademark or ownership disputes. It is recommended that buyers seek to trademark their domain(s) after purchase to maximize the security of their intellectual property.
BrandableDomain 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. It is the buyer's sole responsibility to ensure that they do not violate the rights of any third party.
BrandableDomain 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.
BrandableDomain 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 or more of remaining registration time period 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 upon purchase to ensure future continuity of registration and ownership security.
While every effort is made to ensure all domains offered for sale have a minimum of thirty (30) days remaining of registration, the seller is however not responsible for any failure of registration after the sale process commences. BrandableDomain, if it is aware that less than thirty (30) 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 thirty (30) 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, namely Uniregistry, prior to or at time of the sale.
Note that many registrars offer a paid service whereby "expired" domains may still be renewed. Details can usually be found at the relevant registrar's website, but there is no guarantee that such services are provided.
Any failure of the buyer to comply with either the terms and conditions of BrandableDomain or the sales agent and/or the registrar(s) and or the escrow agent 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 BrandableDomain or by the sales agent, provided that the sales and/or escrow agent firstly 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.
Any refund from BrandableDomain is limited to the amount of any payment actually received for a domain purchase. If the sales agent and/or escrow agent or registrar has received any payment from the buyer, it is the buyer's sole responsibility to obtain any refund that the buyer may be entitled to from any of those parties.
The sales agent, as per their terms and conditions which apply during all transactions with BrandableDomain, reserves the right to cancel any transfer and escrow transaction if either party fails to cooperate as obliged after 2 (two) requests are made to the buyer’s email address as supplied to their account(s) 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.
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 and/or escrow 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 or escrow agent, who the seller and buyer agree is acting solely in the capacity of sales, transfer and/or escrow agent.
The published terms and conditions of the sales agent and/or escrow agent overrule any summary of those terms and conditions that may appear in these terms and conditions published herein by BrandableDomain and are subject to change at any time without notice by BrandableDomain.
BrandableDomain is in essence a marketplace for premium domains which are listed at fixed prices. Buyers may choose a purchase and proceed to the website of the sales agent (Uniregistry). Once there, the buyer is subject to the terms and conditions of Uniregistry and/or an escrow agent (Escrow.com).
The sales agent offers a full and secure escrow service in partnership with an independent 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 and/or escrow 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. The buyer is also obligated to provide whatever details are necessary to complete any sale and transfer.
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 refund of the purchase price will be paid back to the buyer from the sales agent’s escrow account (at the sales agent's sole discretion). Any refund of applicable escrow fees will depend on the circumstances. 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 and/or escrow 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 in particular as it relates to potential refunds.
Once the domain is transferred to you, the sales agent reimburses BrandableDomain (less the sales escrow commission). 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. Once technical control is assumed by the buyer, any responsibility previously held by BrandableDomain for the domain(s) end.
BrandableDomain 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 (fourteen) days, at the discretion of BrandableDomain. However, any genuine request for extra time, such as for vacations or illness etc, will be genuinely considered at the discretion of BrandableDomain 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. This condition is subject to change at any time without notice.
Any cancellation of a transaction due to failure of the buyer to pay for a purchase of a domain (or multiple domains) 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 BrandableDomain or the sales agent.
You agree that you will not be entitled to a fee refund, in whole or in part, from BrandableDomain if, for any reason, BrandableDomain deems it necessary to take corrective or legal action with respect to any illegal or unauthorized use of the services on the BrandableDomain website.
Neither BrandableDomain nor its sales agent nor its escrow 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) or other resolution processes that may be initiated in the future. In the event of a dispute between you and BrandableDomain or any third party concerning the ownership of a domain currently or previously listed by BrandableDomain which is subject to UDRP or other legal procedure, you agree to submit to and be bound by the determination of the UDRP or other legal procedure.
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 BrandableDomain, the sales agent and/or registrar(s) and/or escrow agent(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 BrandableDomain or the sales agent, you understand and agree that you may be financially liable for any legal fees and costs incurred by BrandableDomain and/or the sales agent and/or the escrow agent, including but not limited to any fees and costs which may be incurred by submitting a dispute to ICANN’s UDRP process or any other legal process.
The buyer agrees that BrandableDomain 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 for its own marketing and promotion purposes. If you have a sound reason to object to this, please contact BrandableDomain in writing as soon as possible and sales information can be withheld.
In the event of a conflict or contradiction between the terms and conditions of BrandableDomain and the sales agent, the terms and conditions of the sales agent and/or escrow 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.
BrandableDomain is in no way responsible for any links either to or from the BrandableDomain.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 BrandableDomain site. BrandableDomain's use of and endorsement of the exclusive sales agent and/or escrow agent represents opinion and good faith only, and does not constitute legal advice. BrandableDomain is not responsible for the actions of the independently owned and operated sales and/or escrow agent whose services it uses nor for the independently owned and operated registrars it uses.
The buyer agrees that any use of the BrandableDomain 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. BrandableDomain 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 BrandableDomain shall create any warranty not stated expressly in these terms and conditions.
BrandableDomain makes no warranty that the services or information provided by this website or by that of the sales agent and/or registrar(s) and/or escrow agent 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 BrandableDomain website or the sales agent’s or registrar's websites and/or escrow agent's website is used entirely at his or her own risk and without warranty except where specifically expressed.
BrandableDomain 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/or escrow agent, and cannot be held responsible for such information or advice, and any such information or advice is opinion only and should not be taken to be legal advice. Any use of the websites linked to by BrandableDomain is at the buyer's sole risk.
Under no circumstances shall BrandableDomain, its officers, staff, employees, affiliates, associates, service providers, sales agents, registrars, escrow agents or suppliers be held liable for any lost profits, potential, marketing, publicity, business, opportunities or claims in any form. Under no circumstances shall BrandableDomain, 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, failure of purchases and/or transfers, and their consequences) or subsequent intellectual or other property claim, 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 BrandableDomain, including but not limited to the purchase of a domain name(s) or acting on information published on the BrandableDomain 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 acquisition, services, transactions or information, or for any failure or termination of domain name ownership that may follow for whatever reason.
BrandableDomain’s potential liability, and the liability of its officers, staff, employees, affiliates, associates, service providers, registrars, agents and suppliers to the buyer or associate or third party in any circumstances is strictly limited to the value of the service (such as a domain name purchase) purchased by and paid for by the buyer and received by BrandableDomain. You agree that the maximum liability of BrandableDomain in the event of any dispute is limited to any purchase funds already paid by you and received by the seller after any commission(s) have been paid or deducted. 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 in full to those terms and conditions prior to undertaking business with BrandableDomain or any of the companies hyperlinked to or mentioned on this website.
It is the responsibility of domain name buyers and potential buyers to agree to those terms and conditions prior to undertaking business with BrandableDomain or any of the companies associated with any business transactions herein.
BrandableDomain makes no warranty that the services provided by its website will be error-free, timely or secure. BrandableDomain 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 BrandableDomain site must be commenced within 30 (thirty) days of the date of payment for the purchase of the said goods or services offered by BrandableDomain. 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 BrandableDomain and its parent company, officers, staff, employees, affiliates, associates, service providers, sales agents, registrars, escrow agents 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 by you or your associate(s) of the BrandableDomain site or its goods, services or information.
You further agree to indemnify BrandableDomain and its parent company, officers, staff, employees, affiliates, associates, service providers, sales agents, registrars, escrow agents and suppliers harmless from (1) any claims arising out of any breach of the terms and conditions of the BrandableDomain 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 and successful transfer from BrandableDomain, any use of a domain name and consequences thereof is the buyer’s sole responsibility.
With regards to any use whatsoever of the goods and services of the BrandableDomain website, you agree to indemnify and hold harmless BrandableDomain and its parent company, attorneys, agents, employees, officers, management, sales agents, escrow agents and registrars from any liability, loss, expense or damages resulting from any claim or proceeding relating to your use of the BrandableDomain website.
In no event shall BrandableDomain and its parent company, attorneys, agents, employees, officers, management, sales agents, escrow 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 BrandableDomain site, domain acquisitions, 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 BrandableDomain 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 BrandableDomain.
With regards to any use whatsoever of the goods and services of the BrandableDomain website, you agree to indemnify and hold harmless BrandableDomain and its parent company, attorneys, agents, employees, officers, management, sales agents, escrow 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 wilful 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 BrandableDomain 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 BrandableDomain.
This indemnity is additional to any other indemnity required of you in the BrandableDomain terms and conditions. If BrandableDomain is notified of a filed or pending lawsuit, you agree to promptly provide written confirmation of your obligation to indemnify BrandableDomain. In the event of a dispute between yourself and BrandableDomain, 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 BrandableDomain.
The total possible liability of BrandableDomain, and the liability of its parent company, officers, staff, employees, affiliates, associates, service providers, sales agents, registrars, escrow agents and suppliers, to you or any third parties in any circumstance is limited to the greater of: (A) The fee you have paid to and received by BrandableDomain for the domain name under dispute or legal contention, and (B) $USD100.
You agree to indemnify and hold BrandableDomain and its parent company, officers, staff, employees, affiliates, associates, service providers, sales agents, registrars, escrow agents 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 or consequences of your use of the services of the BrandableDomain 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 BrandableDomain 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.BrandableDomain.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, code, scripts 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 BrandableDomain 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/or escrow agents used by BrandableDomain 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 BrandableDomain. Any brand names, materials, logos, graphics, information, goods or services belonging to other companies mentioned or cited on this site are common law property, trademarks, service marks and/or the intellectual property of their respective owners.
The BrandableDomain 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 BrandableDomain 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 BrandableDomain 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 BrandableDomain website in the sole context that the website exists to list and advertise genuinely owned domain names for legitimate sale. You may not use BrandableDomain logos or other copyright materials for linking without express prior written permission.
Any questions, suggestions or feedback to BrandableDomain shall automatically be deemed to be in the public domain, non-proprietary and not subject to copyright. As such, BrandableDomain 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. However, your anonymity will be protected. 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 BrandableDomain and its business, do not send them to BrandableDomain under any circumstances.
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 BrandableDomain.com pages. This applies additionally to links provided by BrandableDomain 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 BrandableDomain site. BrandableDomain does not endorse the goods and/or services of other linked or mentioned websites, but is merely expressing revocable opinion. BrandableDomain uses the services of other independent but linked companies as described on this website in good faith only, without taking responsibility. Visitors to, readers of, or actual or potential customers of BrandableDomain should seek their own professional financial and/or legal advice prior to using any services offered on this website or by any of the other companies used by, listed or hyperlinked to or by BrandableDomain.
Copyright in some images resides with various photo libraries such as iStockPhoto.com. All images, text, data and other media is 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, HTML or CSS code, 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 BrandableDomain 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 BrandableDomain 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.
BrandableDomain does grant legitimate customers and visitors a non-exclusive, non-transferable, non-reproducable and non-assignable right to retain one (1) copy only of this site 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 or device and it is prohibited to upload or in any way or re-transmit or re-broadcast any material from this site onto the internet.
BrandableDomain operates this website from Sydney, Australia with a registered business number in the state of New South Wales: (ABN 62 188 088 529). In a legal sense, this website is 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 without notice by any relevant legal processes whether at the directions or request of an official government, court or other law enforcement entity. BrandableDomain 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 and legal provisions 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 BrandableDomain. 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 BrandableDomain.
Any failure by BrandableDomain 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, sell, lease, rent or otherwise assign or transfer to a third party your claims to any rights in your use of or dealings with BrandableDomain. BrandableDomain 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 stated in these terms and conditions.
Any relevant rights not expressly stated in these terms and conditions are reserved by BrandableDomain.
BrandableDomain is 100 per cent owned by Click as a Flash™. "BrandableDomain" is a trading name of Click as a Flash. Click as a Flash's registered Australian Business Number is ABN 62 188 088 529.
© Click As A Flash 2017. All rights reserved.