Terms

 

Domain-Emporium.com

TERMS OF USE

Updated: February 10, 2010

Welcome to Domain-Emporium.com! By using the Domain-Emporium.com site, you are agreeing to be legally bound by the terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Please read these Terms of Use carefully before using this website. If you do not agree to all of the Terms of Use, you may not use this site.

Domain-Emporium reserves the right to change, modify, or otherwise alter these Terms of Use at any time. Please review these Terms of Use periodically for changes, as your ongoing use of this site after the posting of any changes to the Terms of Use signifies your acceptance of those changes.

Intellectual Property

All data, designs, text, images, photographs, illustrations, artwork, graphic content, or other copyrightable subject matter, in addition to the selection and arrangement thereof, as well as all trademarks, service marks, and trade names appearing on the Domain-Emporium.com site (the Intellectual Property) are the property of Domain-Emporium and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected pursuant to United States and foreign copyright and trademark laws. Nothing contained on the Domain-Emporium.com web site should be construed as granting either directly, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or trade name displayed on the site without prior written permission of Domain-Emporium or its subsidiaries and affiliated companies unless expressly stated otherwise. Domain-Emporium vehemently enforces its intellectual property rights.
Domain-Emporium grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for lawful, noncommercial, personal use only, one copy of any of the Intellectual Property, provided that you maintain all copyright and other notices contained in such Intellectual Property. Notwithstanding the foregoing, you agree that under no circumstances will you use data obtained from Domain-Emporium.com, nor will you allow, enable, or otherwise support any third party use of data obtained from Domain-Emporium.com, to 1. Collect or harvest listings appearing on the Domain-Emporium.com site for the purpose of sending solicitations to Domain-Emporium members, or 2. Enable high-volume, automated, electronic processes that apply to Domain-Emporium.com (or its systems), or any Internet domain name registrar or registry for the registration of second-level domains. You further agree not to sell, license, rent, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, compile, repackage, broadcast, circulation, or other dissemination of any Intellectual Property to any third party without the express prior written consent of Domain-Emporium. Use of any Intellectual Property beyond the scope of this limited license is permitted only with Domain-Emporium express written permission.
You may not frame or use framing techniques to enclose the Domain-Emporium.com site, or any trademark, logo, or other proprietary information of Domain-Emporium our subsidiaries or affiliates without our express written consent.
Domain-Emporium trademarks and trade dress may not be used in connection with any product or service that is not Domain-Emporium, in a manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Domain-Emporium. While you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Domain-Emporium.com, you may not do so if the link portrays Domain-Emporium, its subsidiaries or affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Domain-Emporium.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Representations and Warranties
YOU USE THE Domain-Emporium.com SITE AT YOUR OWN RISK.
THE INFORMATION AVAILABLE AT THE Domain-Emporium.com SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE TRADE OR PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
DotBurn makes no warranties or representations about the accuracy or completeness of the site content. Information on the Domain-Emporium.com site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Domain-Emporium may also make improvements and/or changes to the products and/or the programs described in the information at any time without notice.
NEITHER DOOMAIN-EMPORIUM.COM NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, OR USE OF, THIS SITE OR ANY CONTENT ON THIS SITE, REGARDLESS OF THE ACCURACY OR COMPLETENESS OF ANY SUCH CONTENT DOMAIN-EMPORIUM assumes no liability for the use or interpretation of information contained herein. Decisions based on data or information is the responsibility of the individual.
When you access a non - Domain-Emporium.com web site, please understand that it is independent from Domain-Emporium and that we have no control over its content.

Correspondence with Domain-Emporium.com
If you have any questions about this site, please contact Domain-Emporium.
Any comments or materials sent to Domain-Emporium, including feedback data, such as questions, comments, suggestions, or the like, regarding the content of any such documents (collectively Feedback) shall be deemed to be non-confidential and non-proprietary. Domain-Emporium shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation and without compensation to you. Further, Domain-Emporium shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products incorporating such Feedback.

Applicable Law and Severability
Any dispute of any sort that might arise between you and Domain-Emporium or its subsidiaries and other affiliated companies shall be governed by and construed in accordance with the laws of the State of New York, excluding New York conflict of law rules. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of New York, and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Any failure by Domain-Emporium to enforce any of its rights under applicable laws shall not constitute a waiver of such right. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.

Privacy:
The data required by Domain-Emporium to activate your membership is used solely for the account you maintain with us. All real data you provide to Domain-Emporium is kept strictly confidential and will not be sold or released. Your Username on Domain-Emporium can be any name of your own choosing, and identifies you as Standard Member or Domain-Emporium Member. Prospective counterparties will be able to view your Member Profile, post comments about you, and view the auctions you are involved in, but in no way will have access to your true identity or your email address.

Information security:
Domain-Emporium uses industry standard efforts such as firewalls and SSL-encryption to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the Internet.
Control of your password:
Except as specifically permitted by this section, you may not disclose your Domain-Emporium password to any third parties nor share it with any third parties. If you lose control of your password, you will lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.
The Domain-Emporium staff will never ask you for your password. If you receive a request from anyone claiming to represent us, do not reveal this information. Instead, please contact DotBurn.
 
PURCHASING A DOMAIN
Please read all information carefully for each domain before purchasing or making an offer.
Unless indicated otherwise, sale is of domain name only (no website, hosting, content, other product or service is being offered).
Domains with a price indicated can be purchased immediately via the "Buy Now" button (processed by PayPal). 
For domains without a price, we invite you to submit an offer via the "Place Offer" button.  If you make an offer for a domain and do not receive a response within 5 business days then your offer was deemed much too low.  Serious Offers Only Please.
An offer or counter-offer is valid for 7 days.  Either party can hold the other responsible for failure to meet their obligations if their offer was accepted. Domain-Emporium.com reserves the right to reject any offer.
Absolutely No Refunds will be made so Purchase Responsibly.  We will consider viable options in extreme cases at our discretion.

Multiple Offers:
Please be aware that the highest offer received will secure the property. 

Trademarks:
We do not knowingly list or sell domains that infringe on anybodys Trademark. 
It is sellers/buyers responsibility to determine whether or not a domain name contains a Trademark that is not approved for use. 
Please use a link to the United States Trademark and Patent Office Database (TESS) >>CLICK HERE<<

Payment Options:
All payments must be made to VERTEX, owner of Domain-Emporium.com.

We offer four methods of payment:
=> PayPal
=> Wire Transfer
=> Escrow
=> Direct bank Deposit (Available to customers based in the USA only)
Our website can seamlessly process payments via PayPal.
If a domain name is listed with a Buy Now price, the buyer can simply click on the Buy Now button to checkout via PayPal (you can still use your credit card, debit card or checking account).
If the buyer funds his/her PayPal account thru an e-check, it may take up to 7 business days before PayPal clears the funds.  We cannot initiate the domain transfer until PayPal confirms that the funds have being cleared.

Domain-Emporium Escrow Services:
To provide a seamless and secure transaction for both buyer and seller (protecting both parties from potential fraud or technical error), Domain-Emporium.com utilizes the domain escrow services of Escrow.com when transaction amounts exceed $3,500.
As the recognized global leader in the domain marketplace, rest assured that your transaction will be handled in an efficient and professional manner.
Simply contact us with your intention to purchase and we will supply all the information and instructions that you will need in order to pay via escrow.
If another escrow service is used, then the buyer and seller will have to decide on who will bear the costs relating to the escrow services.

Agreement Between Buyer and Seller:
The buyer will pay a one-time cost and the domain will be in their control as the registrant of record for as long as they choose to keep the domain name, provided that they continue to pay a standard annual registrar fee before the expiration date.
When the domain offer has been accepted, the buyer will have 7 days to remit payment.  For domains bought directly and immediately from the site via PayPal, it should be expected that the domain name will be transferred to the buyer within 7 days.
The domain must be pushed (transferred) into an account in the buyers name when payment is received. The buyer may choose to transfer the domain name to a different registrar after they have assumed ownership of the domain name.

Transfer of Ownership:
Once payment has been received for a domain name, we (or the escrow service) will transfer the domain name to the buyers (newly created or existing) account at the current domain registrar.  In order to guarantee timely transfer of ownership you must provide all pertinent and accurate info. Any incomplete information may result in unnecessary delay. The login details will be sent to the buyer by email.
 The buyer will then have full ownership, control and responsibility for the domain name.  The buyer will be able to change name servers, update who-is information, forward domains and any other services or features necessary to utilize the domain name. The buyer is responsible for paying all the necessary transfer fees, including but not limited fees charged by the third party services such as Transfer, Escrow and Bank service fees.
 
LISTING A DOMAIN FOR SALE
Fast Affordable, Expert Domain Name Evaluation From Just $4.99
Get the most from your domain AND the biggest bang for your buck. Whether you are buying or selling, whether you want to save a lot or make a lot, Domain Name Appraisals gives you an expert evaluation of what a domain name is worth. Choose the appraisal that works best for you:
 
Only list top quality domain names capable of successfully branding websites/online businesses. These domains must be generic, keyword-rich or one-word dictionary domains. The sellers must be willing to sell at reasonable prices, as it is the practice of Domain-Emporium.com to sell domain names below the average market price.
By submitting the Listing, organizations or individuals with a domain name for sale agree to the following:
·         To consider the listing of their domain name to be a bona fide offer, the acceptance of which constitutes a contract.  The offer may be withdrawn any time prior to acceptance.  If you need a third party to act as intermediary for your purchase, please contact us about our domain names brokerage services.
·         To pay Domain-Emporium.com  8% commissions upon the sale of each domain name listed. 
·         To notify Domain-Emporium.com, when the domain name is sold so that we may mark it as "Sold" and remove the listing latter.
·         To certify that you are the legal owner of the domain name you have listed for sale (auction) on this website.

Disclaimer:
Membership prices are subject to change without prior notice. Please review these Terms of Use periodically for changes.  The Domain-Emporium makes no guarantee that your domain will sell as we cannot accept responsibility for the domains asking price or perceived value.  No refunds will be made after your registration as a Premium Member on our site.  The use of CAPITAL letters on the domains for sale list is up to the Domain-Emporium sole discretion.  To qualify as a website for sale you must have actual content and multiple pages (sections) to your site and not just a webpage (a webpage does not make a website), qualifying as a website will at the Domain-Emporium sole discretion. If you have questions regarding our terms of use or this disclaimer, please contact us.