Terms & Conditions
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General Terms Applicable to all CannaNames.com domain name sales. PLEASE READ CAREFULLY.
CannaNames.com’s Terms of Service and Conditions
Thank you for your interest in purchasing a domain name through/from CannaNames.com (the “Website” or the “Seller”). Every purchase of a domain name through the Website is subject to these terms and conditions (the “Terms”). By; a) indicating your agreement to the Terms; and/or b) by clicking on “Buy Now” on the Website; and/or c) by making an offer for a domain name by clicking the “Make Offer” button on the Website which is subsequently accepted by the Seller, you are agreeing to purchase the particular domain name listed for sale on the Website which you, as the “Buyer”, have identified as the subject of the purchase transaction (the “Domain Name”), and you are agreeing to the Terms of sale from the “Seller”.
Purchase and Sale
Subject to other applicable terms and conditions herein, the Seller hereby agrees to sell, transfer, assign and convey to the Buyer all of the right, title and interest of Seller in and to the Domain Name on the “Closing” (as defined below).
The Closing of a Domain Name sale shall occur when:
• a) the Buyer deposits with the Escrow.com the Purchase Price, as defined below; and
• b) the Seller has transferred the subject Domain Name to the Buyer; and
Domain Transfer Holds
Depending on the means of payment of the Purchase Price, the Domain Name may be subject to a “Domain Transfer Hold”, wherein the Domain Name may not be transferred to the Buyer for a period of up to 60 days, and in such event the Closing will not occur until the expiry of any such applicable Domain Transfer Hold Period. This policy is enacted in order to protect Seller against fraud arising from chargebacks of the Purchase Price when the Purchase Price is paid via a method that enables chargebacks, including but not limited to payment via credit card or Paypal.
Where a Domain Name is associated with a logo on the Website (the “Logo”) which has been created by Seller or Seller’s agents and is displayed in association with a Domain Name for sale on the Website, all copyright in and to the Logo shall remain with Seller, subject however to, upon the Closing, a perpetual, fully-paid up, irrevocable license to Buyer to use the Logo for any lawful use (the “Logo License”). Buyer specifically acknowledges and agrees, that Seller may have, and/or may create logos that are similar to the Logo, and may itself use, or provide a license to use to a third party, such similar logo, and Buyer waives any and all right to exclusive use and/or copyright in and to the Logo and waives any claim of infringement arising from any person’s use of the Logo or a logo similar to the Logo. Furthermore, Seller does not represent or warrant that the Logo does not infringe any third party copyright or that it is fit for any particular purpose. The Logo License is provided “as is” and Seller disclaims any and all warranties except as expressly provided herein.
Seller to Cease Use of Domain Name
The Seller covenants that within 72 hours after the Closing, it will have ceased all use of the Domain Name and Seller shall not recommence any and all use of the Domain Name including any use of the Domain Name as a trade-mark or trade name.
Title to Domain Name
The Seller is the sole beneficial and registered owner of the Domain Name, with good and marketable title thereto, free and clear of any license, lien, charge or encumbrance and has the right to sell, transfer, and covey the Domain Name to the Buyer.
Disclaimer of Warranties by Seller
EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, ALL WARRANTIES REGARDING COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ALL WARRANTIES REGARDING THE NON-INFRINGEMENT OF ANY TRADEMARK RIGHTS OR COPYRIGHT OR OTHER THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND OF OUR SERVICES IS AT YOUR OWN RISK AND THAT THE WEBSITE AND OUR SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. CANNANAMES.COM INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE WEBSITE, AND/OR (III) THE SERVICES FOUND AT THE WEB SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE WEBSITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CANNANAMES.COM INC. ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE DOMAIN NAMES AND/OR SERVICES FOUND AT THE WEBSITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Representations and Warranties of the Buyer
The Buyer represents and warrants to the Seller, that when agreeing to purchase a Domain Name that you will pay the Purchase Price and that you have the authority to purchase the Domain Name.
Reservation of Rights
The Seller reserves the right to delist from sale any Domain Name prior to the Closing of a Domain Name sale. The Seller reserves the right to cancel the sale of a Domain Name within 24 hours of the Closing in the event of an error in the sale or the Purchase Price.
Protection of the Website
You may not use the Website in any manner that could damage, disable, overburden or impair the Website in any way. You may not upload, post or otherwise transmit any materials on the Website that would negatively impact the functioning of the Website, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. You may not use any process or program to monitor, copy, summarize or otherwise extract information from the Website. Violations of system and network security may result in civil or criminal liability. Should we deem you to be in breach of this provision, we will terminate your access to your Account. We do not warrant that the Website will always be free of viruses or other harmful mechanisms.
Limitations and Exclusions of Liability
Nothing in the Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these Terms of Service.
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms of Service or in relation to the subject matter of the Terms of Service, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Our aggregate liability to you under the Terms will not exceed the greater of: (a) USD $1000.00 and (b) the total amount paid and payable by you to us under the Terms for the purchase of the Domain Name.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of the Terms, or arising out of any claim that you have breached any provision of the Terms.
Breaches of the Terms of Service
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms of Service in any way, we may:
• (a) send you one or more formal warnings;
• (b) temporarily suspend your access to the Website;
• (c) permanently prohibit you from accessing the Website;
• (d) block computers using your IP address from accessing the Website;
• (e) contact your internet services provider and request that they block your access to the Website;
• (f) bring court proceedings against you for breach of contract or otherwise;
• (g) prohibit you from purchasing any Domain Name and/or cancel a pending purchase;
• (h) suspend and/or delete your Website Account with the Website.
Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different Website Account).
Discontinuation of Website
We reserve the right in our sole unfettered discretion, to discontinue our Website at any time with or without notice.
Modification of Terms
We may revise the Terms from time-to-time. Revised Terms will apply to the use of our Website and the from the date of the publication of the revised Terms on our Website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
If a provision of these Terms 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.
Law and Jurisdiction
Any legal proceedings based hereon, or arising out of, under, or in connection with these Terms of Service, shall be brought and maintained exclusively in the courts of the City of Denver, in the State of Colorado, USA. The parties hereto hereby expressly and irrevocably submit to the exclusive jurisdiction of the courts the State of Colorado for the purpose of any such legal proceedings as set forth above. The parties hereto hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any such legal proceedings brought in any such court referred to above and any claim that any such legal proceeding has been brought in an inconvenient forum.
These Terms are effective from your first date of use (“Date of Use”) of the Website for a period of one (1) year. Thereafter, these Terms will automatically renew for successive additional one-year terms upon the anniversary of the Date of Use, unless either party notifies the other party in writing of its intent not to renew or abide by these Terms at least thirty (30) days prior to the end of the then-current term. We reserve the right to change these Terms at any time in our sole, unfettered discretion and pursuant to applicable law. Amended versions of this Agreement will be effective upon posting on our website.
IF YOU DO NOT WISH TO BE BOUND TO ANY NEW TERMS, YOU MUST TERMINATE THESE TERMS OF SERVICE BY IMMEDIATELY CEASING USE OF THE WEBSITE AND NOTIFYING US ACCORDINGLY. We agree to use commercially reasonable efforts to minimize unscheduled modification and maintenance interruptions. However, we reserve the right to modify or maintain the Website at any time.
No Third Party Beneficiaries
These Terms are made solely for the benefit of the parties hereto and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of these Terms.
No failure or delay by us in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
CannaNames.com is owned and operated by CannaNames.com Inc. Any notice, document or communication required or permitted to given hereunder shall be in writing and delivered by hand, facsimile or Internet e-mail transmission to the party to which it is to be given as follows:
TO THE BUYER: At the address and via the email address recorded in the Buyer’s Website registration details.
Last updated July 5th, 2015
Notwithstanding any other provision herein to the contrary, YOU AGREE TO THE PUBLIC REPORTING OF THE SALE OF ANY DOMAIN NAME THAT YOU PURCHASE THROUGH THE WEBSITE, AND SUCH REPORTING MAY INCLUDE THE DATE OF PURCHASE.
Information Gathered by This Website
When you visit this Website, we may collect the following types of information: personally identifiable information you knowingly provide, information we collect automatically, and non-personally identifiable information you knowingly provide.
We may collect personally identifiable information that you knowingly provide to us. For example, we may ask you to provide personally identifiable contact information (such as name, address, e-mail address and telephone number). In some cases (for example, if you register with us (or sign-in on this Website), we may also ask you to provide other information such as a personal ID, password, and a security question and answer.
If we collect such information, we may use it for a number of purposes, including:
• To establish and maintain a commercial relationship with you and to provide you with products and services. Account information may be retained by us to enable our website to identify you, to allow you to set up and access your account (if applicable) and to change your account information and/or services. This information is used only for these purposes and is only retained in transaction records required for internal management and auditing purposes, unless you are informed otherwise or you provide your consent or we are required to disclose same pursuant to a court order or other legal process.
• To understand your needs and preferences. We may maintain a record of the services you receive from us (if applicable), and we may ask you for additional information so that we can serve you better.
• To provide you with information you have requested, and to keep you informed with respect to ongoing changes to our website. Your email address may be used to send you any newsletters and mailings if you have requested us to do so. You can withdraw your consent for such mailings at any time by contacting us as set out in such communications.
• To develop, enhance or provide new services. We may from time to time conduct surveys and research, requesting input from our visitors to help us improve our website, products and services in an effort to serve you better. Your participation in such surveys is voluntary, and in some cases you may have the option to participate anonymously. However, your name, address, email and telephone number may be required to take advantage of bonuses or other benefits which are available to survey participants, in which case your contact information will only be used for notification and fulfillment purposes.
• To manage and administer our business. The nature of the Internet is such that it passively and automatically collects certain information about a user’s traffic patterns, which may be linked to their Internet Protocol (IP) addresses. These are unique Internet “addresses” assigned to all Web users by their Internet Service Providers (ISP). Server logs record statistical information, such as visitors’ IP addresses, type of operating systems, time and duration of visit, web pages requested, and identify visitors by categories such as domains and browser types. These statistics are only used on an aggregate basis and will not contain any information that could identify you personally.
• To meet legal, regulatory, security and processing requirements (such as in response to a court order), and otherwise as permitted or required by law. We may also use this personal information to contact you regarding any such legal, regulatory, security, or processing requirements, and may be required to disclose this information pursuant to our Terms.
If we intend to use personal information for purposes not identified to you or as set out above, these other purposes will be described to you at the time of collection or before using the information. We will not use your information or otherwise disclose it for any other purpose without your consent.
Users also should be aware that non-personal information and data may be automatically collected through the standard operation of our Internet servers or through the use of “cookies”. Cookies are small text files containing a unique identification number that identifies your browser - but not you - to our servers each time you visit our website. Cookies are not pervasive or invasive programs that enter a user’s system and damage files. They simply tell us which pages of our website are visited and by how many visitors. Cookies cannot, by themselves, disclose the individual identity of any site user, and we never combine information gathered by a cookie with personally identifiable information like your name, telephone number or email address, without your consent.
Third Parties’ Access to Information
We are not in the business of selling visitor information to others. Our visitor information is not available for sale to any outside entity. We may contract with third parties to fulfill certain functions on our behalf, such as providing marketing assistance, analyzing data, preparing and maintaining site content, and providing customer service. These agents may have access to visitor information only as required in order to help them perform their functions on our behalf, but they are not allowed to use that information for any other purpose and must keep such information confidential.
Visitor and Website related information is a valuable business asset. If for any reason we transfer or divests ourselves of business assets, our visitor information will be transferred as one of those business assets.
Opt-in and Opt-Out Option
We may offer you the opportunity of opting in to receive email communications from us. Upon request, we will allow any user to “opt out” of further email and/or promotional contacts at any time. Also, upon a user’s request, we will use commercially reasonable efforts to functionally delete the user and his or her personal information from our database; however, it may be impossible to delete a user's entry without some residual information because of backups and records of deletions.