Terms of Use

Last Modifed Aug 31st, 2015 at 02:42PM Pacific Standard Time

Please read these Terms and Use carefully before accessing or using the website located at "www.namerific.com", herein referred to as "Namerific", "This Website", "We", "Us", or "Our".

These Terms of Use govern your use of This Website; by using This Website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use This Website.

We may modify these Terms of Use from time to time and your access to This Website constitutes your acceptance of such changes. Your access and use of This Website will be subject to the current version of the Terms of Use at the time of usage. We advise that you should occasionally check the "Terms of Use" link made available at the bottom of all webpages on This Website to view the then-current Terms of Use. Should you breach any of these Terms of Use your license to access or use This Website will be terminated.

License To Use This Website

You may view, download for caching purposes only, and print pages from This Website for your own personal use. You may not reproduce, duplicate, copy or otherwise exploit material on This Website for any commercial purpose. You may not publish any material from This Website in public, online or offline, without Our express written consent.

Acceptable Use

You must not use This Website in any way that causes, or may cause, damage or impairment to of the availability or accessibility of This Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use This Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to This Website without Our express written consent.

You must not use This Website for any purposes related to marketing without Our express written consent.

Limited Warranties

Whilst We endeavor to ensure that the information on This Website is correct, We do not warrant its completeness or accuracy; nor do We commit to ensuring that This Website remains available or that the material on This Website is kept up-to-date.

To the maximum extent permitted by applicable law, We exclude all representations, warranties and conditions relating to This Website and the use of This Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitation of Liability

You expressly understand and agree that We will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to Our services.

Links From This Website

We do not monitor or review the content of third party websites which are linked to from Us. All opinions or material expressed from these sources are not necessarily endorsed by Us and should not be regarded as the publisher of such opinions or material. Please be aware that We are in no way responsible for the privacy practices or content published on these websites. It is recommended that when you visit external websites to read the privacy statements of those sites. We shall not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of private or sensative information.

Pricing Changes

We reserve the right to modify and adjust prices to any domain names or services We offer without notice. All prices are subject to change at any time.

Order Fullfilment

We reserve the right to cancel any order at anytime. This is usually done if we conclude fraud may be involved. In these cases a refund is given and the order is cancelled.

Seller Accounts and Seller Responsibilities

As a seller, your responsibilities are simple, all We ask is to communicate effectively with Us so We may process orders and domain transfers quickly when buyer's have purchased your approved/published domain names on Namerific. We also request that you please keep your published domain lists up-to-date, whereas you must notify us vai email or via our ticket system about all domain names you no longer own or control.

You Agree that any domain name you submit to Namerific to sell on your behalf is owned by you and/or you have the legal rights to sell and transfer such domain names.

All domain name listing prices agreed upon by You and Us will be reflected within your domain account on This Website. You will be notified of any listing price decreases.

For any offers received on your domain name(s) you will be contacted by Us to facilitate negotiations between You and the inquiring party. A transaction will only close upon both You and the inquiring party coming to an agreement on price.  If a buyer who has previously contacted Namerific about your domain attempts to bypass Namerific by contacting you directly to purchase your domain, you must notify Us about this occurrence.  By listing your domain with Us, you give Us the right to claim our normal commission rate on any domain sold to buyers who have initially been made aware of your domain via Namerific.com, even if that domain is sold outside of our platform.  If you knowingly sell a domain to a Namerific sourced buyer within 1 year of buyer's initial inquiry, Namerific is legally entitled to Our normal commission rate on the sold domain. 

Any domains listed on Namerific shall stay listed for the perpetuity of the domain.  Domains cannot be de-listed from our platform to be listed in another competing marketplace, however price changes are allowed upon agreement.  

You Agree that We are not obligated to mediate nor are liable for any offers made to You from an inquiring party whereas you both have come to an arrangement which does not result in a successful transaction.

You Agree that you give full permission to Namerific to publish details in any matter for domains sold on Namerific for which we will use for the purpose of building and marketing our domain sales portfolio to our customers and new clients.

You understand that any logo We design or a Logo Designer designs to help market your domain name is fully owned by Namerific or the respective Logo Designer until the point of sale, whereas that ownership will transfer to the buyer. Unless given our express written consent, you Agree you will not publish these logos anywhere else, whether print, or digital, for any purpose whatsoever. For logos that you submit to Us, you understand that ownership of these logos will be transferred to the domain buyer upon successful purchase of your domain name which the logo is assigned to.

We reserve the right to close any seller account created on Namerific at anytime in which case all published domains will be unpublished for sale on Namerific.

Logo Designers

As a Logo Designer you understand that domains for which you design a logo are not guaranteed to sell. Logo Design 'awards' are designated awards which are paid 'after' a successful sale of a domain name - not all domains listed on Namerific will sell. Never under any circumstance is any reward immediately paid out solely because a logo has been designed for a reserved domain. In some instances a 'Designer Bonus' may be paid for by a domain Seller, which 'does' provide that a bounty to be awarded upon successfully uploading a your domain, and it's approved to be listed. This award is paid out shorty after the logo is approved.

As a Logo Designer, you understand that by submitting/uploading a 'logo design' for a reservated domain name, you are giving Namerific full ownership of that logo. In the event the domain listing is canceled/deleted/removed you will not be guaranteed returned ownership.

Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of Third Party Rights

These terms and conditions are for the benefit of you and Us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of This Website's and your rights in relation to these Terms of Use is not subject to the consent of any third party.

Copyright

We respect the intellectual propery of others. It is Our policy to respond to any copyright or intellectual property infringement immediately. We will promptly process and investigate all notices of alleged infringement and will take the appropriate actions under the "Digital Millenium Copyright Act" and other applicable intellectual property laws.

Trademarks

All other trademarks, service marks, product names, domain names, company names, slogans, or logos used or appearing on This Website, which are not owned by Us, are the property of their respective owners.

Disclaimer

Given the everchanging detail, policies, and vastness of the global trademark database system, We cannot guarantee Our names, domains, and/or logos do not infringe on the rights of any other 'Live' marks. We do Our best to ensure Our domain names and logos are completely original, but cannot guarantee this at the time of listing nor at the time of sale. For this reason, by purchasing a domain and/or logo from Us, you are agreeing that you will not hold Us, Our affiliates, Our contractors, or Our domain sellers, liable for any future damages caused in part by copyright or trademark-related issues resulting from any purchase on This Website.

If you are aware of any potential copyright or trademark infringements relating to our available list of domains or logos, please Contact Us so we may take the necessary actions in investigating and resolving any potential issues.

Copyright and Trademark Notifications

To notify Us of a trademark or copyright infringement, or possibility thereof, we ask that you send a written communication in the form of an email to admin@namerific.com that sets forth the information specified athttp://www.copyright.gov/title17/92chap5.html#512.

Please note, We are not responsible for the successful delivery of communications sent to Us, as emails may potentially be marked as spam, and paper mail can potentially be lost in transit. Should you not receive an acknowledgement from Us within 48 hours of an email notification, and/or within 10 days of a paper mail notification, we ask that you re-attempt to contact Us.

Jurisdiction

These Terms of Use will be governed by and construed in accordance with United States law, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of Cheyenne, Wyoming, U.S.A.

 

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