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Terms, Conditions,
Disclaimers and Copyright
This
is the user agreement for the use of the TechBrand.com website.
TechBrand.com (hereafter referred to as TechBrand) 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) where relevant, of which details follow.
There is one sole purpose of this website, which is to list, advertise
and sell premium domains for sale wholly owned by TechBrand. Your
sole use of this website is expressly limited to selecting and purchasing
any said domain name or names via the exclusive acquisition and escrow
service of Sedo® the exclusive and wholly independent and
unrelated sales agent used by TechBrand of which details follow, unless
expressly stated otherwise on this website.
All the domains listed at TechBrand are also listed for sale
at Sedo®. If you proceed to purchase a domain directly on the Sedo
platform (which is completely legitimate and permissible) your identity
may be temporarily kept anonymous from TechBrand 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 ongoing involvement of TechBrand,
which is the owner of every domain listed on this website via its parent
company Click as a Flash.
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 or domains for sale or externally
linked websites on this website is entirely at your own risk.
TechBrand 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 advertising messages published by this site). Recommendation of their
services represents only an opinion, and does not constitute legal advice.
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, TechBrand is an independent
customer of Sedo® for sales, GoDaddy® and Moniker® for
domain registration and HostGator for hosting. Use 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 TechBrand
(the seller acting as a division of Click as a Flash) are legally
bound by the terms and conditions of Sedo (the sales agent), GoDaddy
or Moniker (the former registrars) and the terms and conditions of
any receiving registrar whether or not it is GoDaddy or Moniker. In
any situation where you use the services of other companies mentioned
herein by TechBrand, their expressly stated terms and conditions,
in the event of any conflict or contradiction with those stated or
paraphrased by TechBrand, overrule those of TechBrand.
TechBrand is entirely exclusive and independent of Sedo®.
TechBrand is simply a customer of Sedos famous public
domain listing, sales, transfer and escrow service. Similarly, TechBrand
is entirely exclusive and independent of Godaddy® and Moniker®.
TechBrand is simply a customer of GoDaddys and Moniker's
famous domain registration 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 sales agent as listed on its website:
www.sedo.com and if you do not you are expressly prohibited from using
the services of this website. Your use of this website is further
limited by the terms and conditions of the current registrar of any
domains listed by TechBrand that you are considering purchasing. You
must furthermore agree to comply with all the terms and conditions
of the registrars as listed on their websites: www.godaddy.com and
www.moniker.com and if you do not agree you are expressly prohibited
from using the services of this website.
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 and acquire the domain and accept
legal responsibility on your behalf. Your business relationship 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 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 must
not use the services of TechBrand 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 solely your responsibility to
comply with your own local laws and statutes, and you access the services
of this website solely at your own risk.
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 not subject
to any trademark or any other intellectual property claims.
TechBrand 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 TechBrand website is at your
sole risk and that the services provided herein are on an as is
and as available basis without guarantee, 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, TechBrand
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 provide any necessary relevant
accurate and complete information in any action you take to acquire
a domain name listed on this site and in any actions you undertake with
the sales and escrow agent and/or associated registrar(s).
The sole purpose of TechBrand 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,
Sedo). 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.
TechBrand 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.
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 TechBrand'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 TechBrand'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 TechBrand 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 TechBrand 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 sales or distribution of any illegal goods, services or information
in any jurisdiction for example drugs or firearms. You may not use the
site in connection with causing TechBrand 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 TechBrand will cooperate
with any request by any government law enforcement agency, ICANN, the
sales agent, and/or the relevant registrar(s) with regard to any violation
of these terms and conditions associated with your use of this website.
TechBrand respects your privacy and will never sell your personal
details. TechBrand will not provide your personal details to
any third party except where required by normal business practices to
the sales and 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 TechBrand 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 TechBrand such
as concluding a domain purchase with a registrar or the sales agent.
TechBrand, 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 TechBrand to
use your information or part thereof in this limited way, you the buyer
agree to grant TechBrand non-exclusive, worldwide, perpetual
and irrevocable rights to 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 TechBrand with its sales agent
and registrar(s) and any other relevant companies who may be involved.
As stated elsewhere, TechBrand respects your privacy, will never
sell your personal details and will only use your information where
TechBrand deems it necessary for business transaction(s) between
TechBrand 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 TechBrand without express
written confirmation of any such status. If any person or entity is
granted agent or representative status by TechBrand, that person
or entity will be officially listed on the website.
TechBrand 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.
TechBrand 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. TechBrand will
comply with legal processes, regulations and government and/or ICANN
requests. You agree that any information provided to TechBrand
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 ICANN. TechBrand
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 excludes the sales agents
fees and TechBrand's income taxes.) Note that TechBrand is responsible
for the payment of the sales agents sales, transfer and escrow
fees and that is expressly the limit of TechBrand' liability in any
sale.
You undertake that you understand that the domain names listed on this
site may be priced in either US dollars or Euros on the Sedo website
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 TechBrand,
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 escrow agent. If you have not completed the purchase procedure
within fourteen (14) days of commencing the purchase, TechBrand reserves
the right to cancel the sale. Any reasonable reason for a delay such
as illness or vacation will be fairly considered by TechBrand if received
within fourteen (14) days at its sole discretion. Any such requests
should be made as soon as possible.
The seller gives the undertaking that every domain advertised for sale
on the TechBrand website is appropriately registered with an
accredited domain registrar (which is either GoDaddy® or Moniker®)
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 TechBrand to be the subject of
any legal injunction, dispute, proceedings or undertaking which would
impair the legal purchase and transfer of each domain name. The seller
gives the undertaking that every domain advertised for this sale on
this site is not known by TechBrand 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.
TechBrand 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.
TechBrand 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 TechBrand.
TechBrand 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.
All the domains offered for sale by TechBrand 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, TechBrand 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
or intellectual property claim in the jurisdiction(s) in which they
operate, and any such purchase and use of a domain name from TechBrand
is done solely at the buyer's own risk. Domain buyers must perform
their own due diligence in full prior to undertaking any purchase
from TechBrand.
The seller undertakes to remove any domain name from the sales pages
within 48 hours (or less) of a purchase being initiated if reasonably
possible once notification has been received and read. 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.
The buyer undertakes that he or she will not attempt to purchase or
transfer any domain that may be illegal to transfer 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 may be in United
States dollars or Euros. This amount is converted to the buyers
own currency at current market rates at the time the buyer legally
authorizes payment for purchase. It is the buyers sole responsibility
to consider and evaluate the price of any domain purchase in his or
her own currency and to make their own conversion prior to purchase.
The buyer accepts that there may be some rounding of the currency
conversion at point of sale either to the nearest US dollar or Euro.
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.
Note that as stated elsewhere in these terms and conditions, TechBrand
pays the commission to the sales agent in full for their role in any
domain sale and this also expresses the full financial contribution
of TechBrand for any domain sale and transfer.
TechBrand 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 TechBrand website is also publicly listed for sale on
the website of our sales agent 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 TechBrand 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
48 hours or more has elapsed. In the event of 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 TechBrand
or Techbrands opinion will form a decision which will be taken
as final and uncontestable and this is a further condition of use
of this website.
TechBrand 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 TechBrand.
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.
TechBrand 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.
TechBrand 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.
TechBrand 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 of remaining registration 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. The seller, while every effort is made to ensure all domains
offered for sale have a minimum of thirty (30) days remaining of registration,
is however not responsible for any failure of registration after the
sale process commences. TechBrand, 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 the
day preceding the time of sale, namely GoDaddy® or Moniker®.
Any failure of the buyer to comply with either the terms and conditions
of TechBrand or the sales agent and/or the registrar(s) 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 TechBrand
or by the sales agent, provided that the sales 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.
The sales agent, as per their terms and conditions which apply during
all transactions with TechBrand, reserves the right to cancel
any transfer and escrow transaction if either party fails to cooperate
as obliged after two (2) requests are made to the buyers (or sellers)
email address as supplied to their accounts 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.
(Note that in the case of a successfully concluded sale and transfer,
it is the seller TechBrand who pays the sales agents commission
in full, provided that the buyer has fulfilled his or her obligations
in full.)
The buyer must read and agree in particular to the sales agents
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 buyers money in part or in full has reached the
sales agents escrow account and once the domain or domains in
part or in full have been transferred to the buyers 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 agents 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 is in no way responsible for verifying that any
domain name being transferred is free of any third partys 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, who the seller
and buyer agree is acting solely in the capacity of sales, transfer
and escrow agent.
The published terms and conditions of the sales agent overrule any summary
of those terms and conditions that may appear in these terms and conditions
published herein by TechBrand and are subject to change at any
time without notice by TechBrand.
The sales agent offers a full and secure 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 agents 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.
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 full refund of the purchase price will be paid
back to the buyer from the sales agents escrow account (at the
sales agent's sole discretion). 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 with whom both buyer and seller
have entered into a legal agreement. The sales agents judgment
of buyer and seller cooperation in any transaction is final especially
as it relates to potential refunds.
Once the domain is transferred to you, the sales agent reimburses
TechBrand (less the sales commission which is paid for in full by
TechBrand). A domain transfer is defined as being completed when the
WHOIS information in the registrars 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
held be TechBrand for the domain(s) end.
TechBrand 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 days, at the discretion of TechBrand. However,
any genuine request for extra time, such as for vacations or illness
etc, will be genuinely considered at the discretion of TechBrand and/or
the sales agent.
In the event that a transfer is not completed, for whatever reason,
any buyers refund for any purchase funds remitted will be determined
by the terms and conditions of the sales agent, which are subject to
change.
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 TechBrand or the sales agent.
You agree that you will not be entitled to a fee refund, in whole or
in part, from TechBrand if, for any reason, TechBrand
deems it necessary to take corrective or legal action with respect to
any illegal or unauthorized use of the services on the TechBrand
website.
Neither TechBrand nor its sales 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 TechBrand
or any third party concerning the ownership of a domain currently
or previously listed by TechBrand 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 TechBrand, the sales agent
and/or registrar(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 TechBrand or the sales agent,
you understand and agree that you may be financially liable for any
legal fees and costs incurred by TechBrand and/or the sales
agent, including but not limited to any fees and costs which may be
incurred by submitting a dispute to ICANNs UDRP process.
The buyer agrees that TechBrand 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. If you have a sound reason to object to this, please contact
TechBrand in writing as soon as possible and sales information
can be withheld by TechBrand.
In the event of a conflict or contradiction between the terms and conditions
of TechBrand and the sales agent, the terms and conditions of
the sales agent shall prevail once you have entered into a contract
and submitted your request to purchase a domain or domains via the sales
agents website.
TechBrand is in no way responsible for any links either to or from
the TechBrand.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 TechBrand site. TechBrand's use of and endorsement
of the exclusive sales agent represents opinion only and good faith
only, and does not constitute legal advice. TechBrand is not responsible
for the actions of the independently owned and operated sales and
escrow agent whose services it uses nor for the independently owned
and operated registrars it uses.
The buyer agrees that any use of the TechBrand 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. TechBrand 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 TechBrand
shall create any warranty not stated expressly in these terms and conditions.
TechBrand makes no warranty that the services or information
provided by this website or by that of the sales agent and/or registrar(s)
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 TechBrand website or the sales agents or registrars'
websites is used entirely at his or her own risk and without warranty
except where specifically expressed.
TechBrand 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 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.
Under no circumstances shall TechBrand, its officers, staff,
employees, affiliates, associates, service providers, sales agents,
registrars or suppliers be held liable for any lost profits, potential,
marketing, publicity, business, opportunities or claims in any form.
Under no circumstances shall TechBrand, 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 and their consequences), 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 TechBrand, including but not limited to the purchase of a
domain name(s) or acting on information published on the TechBrand
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 services, transactions or information, or for any failure
or termination of domain name ownership that may follow for whatever
reason.
TechBrands potential liability, and the liability of its officers,
staff, employees, affiliates, associates, service providers, registrars
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. You agree that
the maximum liability of TechBrand in the event of any dispute is
limited to any purchase funds already paid by you. 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 to those terms and conditions prior to undertaking business
with TechBrand or any of the companies hyperlinked to or mentioned
on this website.
TechBrand makes no warranty that the services provided by its
website will be error-free, timely or secure. TechBrand 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 TechBrand site must be commenced
within thirty (30) days of the date of payment for the purchase of the
said goods or services offered by TechBrand. 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 TechBrand and its parent company,
officers, staff, employees, affiliates, associates, service providers,
sales agents, registrars and suppliers harmless from any claims or demands
in any form (not limited to attorneys 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 TechBrand
site or its goods, services or information. You further agree to indemnify
TechBrand and its parent company, officers, staff, employees,
affiliates, associates, service providers, sales agents, registrars
and suppliers harmless from (1) any claims arising out of any breach
of the terms and conditions of the TechBrand 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,
any use of a domain name from TechBrand is the buyers
sole responsibility.
With regards to any use whatsoever of the goods and services of the
TechBrand website, you agree to indemnify and hold harmless
TechBrand and its parent company, attorneys, agents, employees,
officers, management, sales agents and registrars from any liability,
loss, expense or damages resulting from any claim or proceeding relating
to your use of the TechBrand website.
In no event shall TechBrand and its parent company, attorneys,
agents, employees, officers, management, sales 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 TechBrand site, services, or these terms and conditions
including but not exclusive to, negligence, fault or incorrect information.
This indemnity expressly includes any reasonable attorneys fees
which TechBrand 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 TechBrand.
With regards to any use whatsoever of the goods and services of the
TechBrand website, you agree to indemnify and hold harmless TechBrand
and its parent company, attorneys, agents, employees, officers, management,
sales 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 partys
trademark, copyright or other intellectual property rights.
This indemnity expressly includes any reasonable attorneys fees
which TechBrand 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 TechBrand.
This indemnity is additional to any other indemnity required of you
in the TechBrand terms and conditions. If TechBrand is notified of
a filed or pending lawsuit, you agree to promptly provide written
confirmation of your obligation to indemnify TechBrand. In the event
of a dispute between yourself and TechBrand, 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 TechBrand.
The total possible liability of TechBrand, and the liability
of its parent company, officers, staff, employees, affiliates, associates,
service providers, sales agents, registrars and suppliers, to you or
any third parties in any circumstance is limited to the greater of:
(A) The fee you have paid to TechBrand for the domain name under
dispute or legal contention, and (B) $USD120.
You agree to indemnify and hold TechBrand and its parent company,
officers, staff, employees, affiliates, associates, service providers,
sales agent, registrar 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 your use of the services
of the TechBrand 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 TechBrand 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.TechBrand.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 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 TechBrand 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 hosting
company used by TechBrand 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 TechBrand.
Any brand names, materials, logos, graphics, information, goods or services
belonging to other companies mentioned or cited on this site are common
law, trademarks, service marks and/or the intellectual property of their
respective owners.
The TechBrand 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 TechBrand 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 TechBrand 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 TechBrand website
in the sole context that the website exists to list and advertise genuinely
owned domain names for legitimate sale. You may not use TechBrand
logos or other copyright materials for linking without express prior
written permission.
Any questions, suggestions or feedback to TechBrand shall be
deemed to be in the public domain, non-proprietary and not subject to
copyright. As such, TechBrand 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 TechBrand and its business, do not send them to TechBrand
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 TechBrand.com
pages. This applies additionally to links provided by TechBrand
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 TechBrand site. TechBrand does not endorse the goods
and/or services of other linked or mentioned websites, but is merely
expressing revocable opinion. TechBrand uses the services of
other independent but linked companies in good faith only, without taking
responsibility. Visitors to, readers of or actual or potential customers
of TechBrand should seek their own professional financial and/or
legal advice prior to using any services offered on their website or
by any of the other companies listed or hyperlinked to.
Copyright in some images resides with various photo libraries. 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, 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 TechBrand
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 TechBrand 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.
TechBrand does grant legitimate customers and visitors a non-exclusive,
non-transferable, non-reproducable and non-assignable right to retain
one (1) copy only 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 customers personal computer and it is prohibited to upload
or in any way re-transmit or re-broadcast any material from this site
onto the internet.
TechBrand operates this website from Sydney, Australia with
a registered business number in the state of New South Wales: (ABN 62
188 088 529). This website is primarily 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. TechBrand 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 TechBrand.
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 TechBrand.
Any failure by TechBrand 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,
rent or otherwise assign or transfer to a third party your claims to
any rights in your use of or dealings with TechBrand. TechBrand
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
in these terms and conditions.
Any relevant rights not expressly stated in these terms and conditions
are reserved by TechBrand.
TechBrand is 100 per cent owned by Click as a Flash. "TechBrand"
is a trading names of Click as a Flash. TechBrand is a division of
DealNames, which is also 100 per cent owned by Click as a Flash.
© Click As A Flash 2013. All rights reserved.
TechBrand.
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