DOMAINEXCHANGE.CA
Terms and Conditions
| 1. | This User Agreement ("Agreement") is made and entered into by and between Domainium Media Corp. and users of the DomainExchange.CA web site. |
| 2. | We may amend this Agreement at any time by posting the revised terms on our Web site. You agree to review the current version of this Agreement each time you our Web site. The revised terms of the contract shall automatically be effective after they have been posted on our Web site. Other than by posting of such revised terms on our Web site, this agreement may not be amended or modified except in a written document signed by both parties. |
| 3. | WHAT IS DOMAINEXCHANGE.CA? DomainExchange.CA, (referred to throughout this Agreement as "DomainExchange.CA" or "We"), provides a leading service that promotes the exchange of information and otherwise facilitates the transfer of internet domain Name registrations through its Internet Web Site located at http://www.DomainExchange.CA. DomainExchange.CA screens, reviews and controls the listings and the Domain Names that are being offered. We do not screen, review, or control any of the activities or statements of users of its services. DomainExchange.CA s sole involvement is to facilitate a smooth and orderly transfer of Domain Name registrations. It is important that you exercise the degree of care that you would in any other commercial activity. |
| 4. | PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE ACCESSING AND USING THIS WEB SITE. By accessing the DomainExchange.CA Web site or using information posted to the Web site, you accept the terms and conditions stated in this Agreement. If you do not accept the terms of this Agreement, you must not access this Web site or use the information contained in this Web site. If you have any questions about this User Agreement, or about accessing and using this Web site feel free to contact us at legal@DomainExchange.CA. |
| 5. | Eligibility: Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through this Web site. By completing the registration information, by opening an account with DomainExchange.CA, or otherwise participating in commercial activity conducted through the DomainExchange.CA Web site, you certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to honour those obligations that you undertake. Domainium Media Corp. reserves the right to refuse, limit or restrict its services for any reason at any time and in its sole discretion. |
| 6. | Fees: Joining and registering for the services provided by DomainExchange.CA is free. No fees are charged to the Buyer unless agreed to in writing by the Buyer for the services provided by DomainExchange.CA. You are responsible for applicable taxes, costs, hardware, software, services and all other costs and expenses you incur for the participation in the activity conducted over our Web site. We may, in our sole discretion, add, delete or change any of the services provided or fees charged by DomainExchange.CA. These will be binding on the date that they become effective, similar to any other revision that is made to this agreement. Transaction fees are listed on the www.DomainExchange.CA homepage. |
| 7. | Verification: DomainExchange.CAs Web site is only a venue to facilitate the transfer and exchange of information pertaining to Domain Names that are available for transfer. Other than assisting in the facilitation of the commercial activity, we are not involved in, and are not a party to, the actual transaction between Buyer(s) and Seller(s). |
| 8. | DomainExchange.CA has no control over the accuracy, quality or legality of advertised Domain Names, the truth or the accuracy of the listings, the right and the ability of the listed Seller to transfer the Domain Name or the ability of the Buyer to consummate a transaction UNLESS the domain names are registered to Domainium Media Corp. Registrant details of domain names can be checked via accessing WHOIS information at all leading registrar websites. |
| 9. | We cannot and do not control whether or not Seller(s) or Buyer(s) will complete a transaction. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretence or making deceitful representations, all of which are borne solely by the Buyer or Seller, as appropriate. |
| 10. | DomainExchange.CA does not confirm that users who access its Web site are who they claim to be. We encourage you to exercise reasonable, safe business practices as you would in any other commercial activity. |
| 11. | Transferability of Domain Name Service: Domain Names are the result of, and are subject to all of the conditions, limitations and restrictions contained in, Domain Name service agreements between the Seller and a third party Domain Name registrar or other service provider. As such, the transferability of Domain Name service may be limited, prohibited, or otherwise subject to conditions imposed by the Domain Name registrar or service provider. Nothing in this Agreement or appearing on the DomainExchange.CA web site shall be construed to imply that the Seller possesses any rights to a Domain Name beyond those specified in the Seller s service agreement with the relevant Domain Name registrar or service provider. The term "Domain Name," 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 service agreement with a Domain Name registrar or other service provider. |
| 12. | Bidding and Buying: DomainExchange.CA relies on the integrity of the users of its services to honour their commitments. If you make an offer to purchase the rights to a Domain Name, and your offer is accepted, you are obligated to complete the transaction. You cannot place an offer that is manipulative, such as placing an offer that you know you do not have at your disposal sufficient resources to cover. |
| 13. | Listing and Selling: As a Seller of a Domain Name listed with DomainExchange.CA, you represent that: (1) you have registered the Domain Name with the appropriate Domain Name registrar or other registration authority; (2) your registration of the Domain Name is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain Name registrar or other registration authority; (3) you have not taken any action that would impair your ability or right to transfer the Domain Name registration and no such action has been taken against you; (4) the Domain Name is not the subject of any legal proceedings challenging your right to register or use the Domain Name; (5) you will accurately describe the subject listing where applicable. You will not describe, or link to, other items, goods, or services that you are not listing with DomainExchange.CA or that you do not otherwise have the right to provide such links or descriptions thereto. You will not under any circumstances list or transfer the rights to any Domain Name for which you do not have sufficient right to transfer or that it is illegal to transfer under applicable law, statute, ordinance or regulation; any Domain Name that infringes or violates the proprietary rights of any third person or any other Domain Name which in DomainExchange.CAs sole discretion, is inflammatory, offensive, inconsistent with DomainExchange.CAs general policies, or otherwise may infringe any proprietary right of any third party. If your offer to transfer the Domain Name is accepted, you must complete the transaction. |
| 14. | If you receive any offer to purchase the rights to a Domain Name at or above your reserve price, then you are obligated to complete the transaction. You may not place any bids or offers to purchase the Domain Name that you have listed for sale, either under your own name, an alias, or any entity in which you maintain a controlling interest. Without limitation of any other remedy, DomainExchange.CA reserves the right to suspend, terminate and remove your listing at any time it may deem fit if it reasonably believes that you have engaged in any fraudulent activity in connection with your posting or otherwise with any activity conducted with the DomainExchange.CA Web site, if DomainExchange.CA is of the opinion that you have breached any of your representations or any of its general policies and guidelines, such as if it is of the opinion that you are infringing upon the proprietary rights of any other party, or at such other time as DomainExchange.CA may deem fit. |
| 15. | Non-interference: You will not yourself, or allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the DomainExchange.CA Web site, the services provided by DomainExchange.CA and any activity on the DomainExchange.CA Web site. You will not take any action which may impose an unreasonable or disproportionately large load on our computing infrastructure. You will not insert any material that may contain any viruses, Trojan horses, worms, time bombs, or other software routines that may damage, interfere with, intercept or otherwise adversely affect the DomainExchange.CA computer systems. You are solely responsible for your password used to access the DomainExchange.CA web site, and you will not disclose it to anyone else or share it with any third party or otherwise use it for any unauthorized purpose. DomainExchange.CA may, from time to time, in its sole discretion initiate feedback information. You agree to comply with other rules regarding DomainExchange.CA, which are posted at various pages throughout the DomainExchange.CA Web site. These rules have as binding an effect as this User Agreement and are incorporated into this Agreement by reference and may be subject to change by DomainExchange.CA without prior notice and in its sole discretion. |
| 16. | Information and Privacy: Even though prohibited by this Agreement and by DomainExchange.CAs general policies, people may provide information that is false, harmful, or deceptive. DomainExchange.CA has a Privacy Policy that covers its use of your information, which is incorporated herein by reference and the terms of which you acknowledge that you have read and accept and agree to abide by such terms. This policy may change in the future and the then-current policy shall govern at any given point in time. Please check this policy from time to time for possible changes that may have been made. You are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted with regard to and through the DomainExchange.CA Web site and the services provided therein. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our services. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right you have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the DomainExchange.CA Privacy Policy and to further the goals contemplated by this Agreement. |
| 17. | Use of the Domain Name. You agree that you will not register, use, display, or exploit the Domain Name in contravention or violation of the laws of any jurisdiction where the Domain Name is accessible, or for any unlawful purpose, including, but not limited to, child pornography, child entrapment or abuse, advocacy of hatred, bigotry, or violence towards persons or groups on the basis of their religion, race, ethnicity, sexual orientation, or other immutable characteristics, theft of e-mail service, or as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited bulk e-mail. You will register, use, display, and exploit the Domain Name in good faith, and in accordance with international, federal, and state laws and regulations. You will not use the Domain Name to infringe upon or dilute the trademark, intellectual property, or other rights of any third party. In the event you use the Domain Name other than as set forth above, DomainExchange.CA shall have the right to cancel, suspend, transfer, or modify your registration of the Domain Name immediately without prior notice. |
| 18. | Breach and Termination: You agree that DomainExchange.CA may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the services provided by DomainExchange.CA under this Agreement and through the DomainExchange.CA Web site immediately and without any notice. Without limiting the foregoing, DomainExchange.CA may terminate this Agreement if DomainExchange.CA determines in its sole discretion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other DomainExchange.CA policies; or if DomainExchange.CA determines in its sole discretion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided DomainExchange.CA is found in DomainExchange.CA sole discretion to be false or that we have been unable to authenticate or verify the veracity of such information. |
| 19. | Warranty: YOU AGREE THAT USE OF DOMAINEXCHANGE.CAS SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. DOMAINEXCHANGE.CAEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOMAINEXCHANGE.CA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES DOMAINEXCHANGE.CA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE DOMAINEXCHANGE.CAWEB SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE DOMAINEXCHANGE.CA WEB SITE OR ANY SERVICES OBTAINED THROUGH THE SERVICES PROVIDED BY DOMAINIUM MEDIA CORP. IS DONE AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM DOMAINEXCHANGE.CA OR THROUGH THE SERVICES PROVIDED BY DOMAINEXCHANGE.CA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN. |
| 20. | Limitation of Liability: In the event that you have a dispute with any other user, including with another party to the transaction, facilitated through the DomainExchange.CA Web site, you agree to release DomainExchange.CA, and its agents, officers, directors and employees from any and all claims, demands and damages (actual or consequential) of every kind and nature, disclosed or undisclosed, arising out of or in connection with any such dispute ("Claim or Demand"). You agree to indemnify and hold DomainExchange.CA (including, its officers, directors, employees, agents and representatives) harmless from any such Claim or Demand, including, without limitation, any claim or demand that may arise from or in connection with, your failure to abide by the terms and conditions of this Agreement. DomainExchange.CA does not, and you agree that you will not ask it to, enforce the terms of any agreement to which it is not a party. |
| 21. | IN NO EVENT SHALL DOMAINEXCHANGE.CABE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY DOMAINEXCHANGE.CAOR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR ARISING FROM OR IN CONNECTION WITH THE SERVICES PROVIDED BY DOMAINIUM MEDIA CORP. OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DOMAINEXCHANGE.CAHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOMAINEXCHANGE.CAS LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT EXCEED THE LESSER OF EITHER THE AMOUNT OF FEES YOU SHALL PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH LIABILITIES OR CDN $1,000. |
| 22. | General Provisions: You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the DomainExchange.CA Web site, the services provided therein, and the participation in any active commercial activity conducted in or through the DomainExchange.CA Web site. Other than as expressly stated in this Agreement, there is no agency, partnership, joint venture, employer, employee, franchiser or other legal relationship between DomainExchange.CA and yourself. Unless explicitly stated otherwise, any notices shall be given by e-mail (Legal@DomainExchange.CA) to the e-mail address you provided to DomainExchange.CA during the registration process. Alternatively, we may give you notice by certified mail, postage prepaid, to the address provided to us during the registration process. You may not assign, transfer, resell or sublicense your rights or obligations under the terms and conditions of this Agreement. |
| 23. | This Agreement, its terms and conditions, and the relationship between you and DomainExchange.CA shall be governed in all respects by the laws of the Province of Ontario and of Canada. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck to the extent of such invalidity or unenforceability, and the remainder thereof, as well as the remaining provisions of this Agreement shall be fully enforced. The failure of DomainExchange.CA to act with respect to a breach by you or others does not waive our right to act with respect to subsequent similar, or the same, breach. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and may not be amended other than as provided for in this Agreement. |
| 24. | You agree that regardless of any statute or law to the contrary, any contract arising out of or related to use of the services provided by DomainExchange.Ca or otherwise arising out of or related to the terms and conditions of this Agreement, must be filed within one (1) year after such claim or cause of action first arose or shall be forever barred and you irrevocably attorn to the jurisdiction of the courts of the Province of Ontario for any dispute arising out of this agreement and the subject matter thereof.. The DomainExchange.CA Web site may contain links to and from other Web sites on the Internet that are owned and operated by other parties. You agree and acknowledge that DomainExchange.CA is not responsible for the availability of, or the content located on or obtained through any such other Internet Web sites. If you have any concerns regarding such links or the content located on such other Web sites, you should contact the Webmaster or site administrator for those respective Web sites. DomainExchange.CA does not verify the accuracy of the information and content provided for in such third-party Web sites, and providing such information or links cannot and should not be construed as support, backing, or other endorsement by DomainExchange.CA of such site and/or information. |
| 25. | DomainExchange.CAs trade name, logo, trademark, software, databases, reports, Web site and information are proprietary, and DomainExchange.CA retains all rights, title and interest therein. By becoming a member or subscriber to the services provided by Domainium Media Corp. you do not acquire any rights or licenses over such or over DomainExchange.CAs assets, rights or licenses, other than as what is explicitly granted to you under this paragraph. You may not use the information contained in, or through the services provided by, the DomainExchange.CA Web site other than for the explicit purposes contemplated by this User Agreement. You may not transfer, or otherwise provide access to, such information to any unauthorized third party, and you may not use such information other than for the specific purposes described in this Agreement. Thank you for your support of DomainExchange.CA and the services provided through this Web site. By completing the registration information or otherwise accessing the DomainExchange.CA Web site and using the information contained in this Web site, you agree to the terms of this Agreement. We welcome you to the DomainExchange.CA Web site, and enjoy our services. |