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We may amend this User Agreement ("Agreement") at any time by posting the revised terms on our DigitalEstates.com (hereinafter “the Web Site”). The revised terms of the contract shall automatically be effective after they have been posted on the Web Site.
Terms of Use
DigitalEstates.com , offers among other services, domain names for sale. All domain names offered on this site are owned by DigitalEstates.com or our parent company, ZootGraphics, Inc. (hereinafter “the Seller”).
We do not accept domains owned by other parties for sale on this site. Unless both parties agree to the 20% brokerage fee and the domain names in question are in no way TM infringing in nature.
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE ACCESSING AND USING THE WEB SITE. By accessing DigitalEstates.com, or using information posted to the Web Site, you accept the terms and conditions stated in this Agreement. If you do not accept the terms of this Agreement, you may not access the Web Site or use the information contained on the Web Site. If you have any questions about this User Agreement, or about accessing and using the Web Site, please refer to our Frequently Asked Questions or feel free to contact us by clicking on the contact us button on this site.
Users: Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through the Web Site. By participating in commercial activity conducted through the Web Site, you certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to honor those obligations that you undertake. DigitalEstates.com reserves the right to refuse, limit or restrict its services for any reason at any time and in its sole discretion.
Posted Prices and sale of Domains: The prices posted on this Web Site are not binding on the Seller. The posted prices do not consistute an offer to sell. The acceptance of a posted price does not constitue a contract to buy. Their shall not be a binding agreement to sell or a binding agreement to buy, unless and until the Seller sends an "Offer to Sell" to the buyer, stating that the price upon which the seller will sell the domain in question. The buyer shall not be obligated to purchase a domain unless and until the buyer agrees to the "Offer to Sell" and sends its agreement back to the Seller. Any “Offer to Sell” made to a buyer by the Seller or any price quoted by the Seller to any Buyer is only valid for a ten day (10) period from the date that the “Offer to Sell” is e-mailed to the Buyer. The Buyer must within such ten (10) day period, accept the Offer to Sell in writing AND pay the Seller the full purchase price via wire transfer, paypal or start a transaction with escrow.com and fund the full purchase price with Escrow.com (in accordance with escrow.com rules and regulations). In the event the buyer fails to accept the Seller’s “Offer to Sell” within such 10 day period as detailed herein, then the Sellers Offer to Sell shall be deemed null and void. The Seller’s Prices are subject to change at any time, without notice and the posted price may not reflect the most recent price change. All domains are subject to prior sale, or withdrawal of sale by the Seller at any time for any reason. The Seller shall transfer the domain to the buyer within 7 business days, upon payment in full by Buyer to Seller. Seller shall not be responsible for delay of the registrar in transferring the domain. Upon purchasing the domain the buyer shall receive the remaining term of the registration as it appears on the offical whois record of the domain. It is buyers responbility from the date of transfer to pay all registration fees as they may come due. The seller shall not have any liablity or responsiblilty to pay the fees on the domain which shall arise after the date of transfer.
Transferability of Domain Names: Domain Names are the result of, and are subject to all of the conditions, limitations and restrictions contained in, Domain Name service agreements between the Seller and a third party Domain Name registrar or other service provider. As such, the transferability of Domain Name service may be limited, prohibited, or otherwise subject to conditions imposed by the Domain Name registrar or service provider. Nothing in this Agreement or appearing on the DigitalEstates.com Web site shall be construed to imply that the Seller possesses any rights to a Domain Name beyond those specified in the Seller's service agreement with the relevant Domain Name registrar or service provider. The term "Domain Name," as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular Domain Name under its Domain Name service agreement with a Domain Name registrar or other service provider.
Registration of New Domains: All domain names registered from the DigitalEstates.com site are processed through Fabulous.com or an ICAAN accredted registrar. Fabulous.com is solely reposnsible for management and all registrar functions of all domains regstered through DigitalEstates.com, including customer support for such domains. You may contact domainbank at support@Fabulous.com
Links: Regarding links to and from other Web sites on the Internet that are owned and operated by other parties, that may appear on DigitalEstates.com site, you agree and acknowledge that DigitalEstates.com is not responsible for the availability of, or the content located on or obtained through any such other Internet Web sites. If you have any concerns regarding such links or the content located on such other Web sites, you should contact the Webmaster or site administrator for those respective Web sites. DigitalEstates.com does not verify the accuracy of the information and content provided for in such third-party Web sites, and providing such information or links cannot and should not be construed as support, backing, or other endorsement by DigitalEstates.com of such site and/or information.
Non-interference: You will not yourself, or allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the DigitalEstates.com Web site, the services provided by DigitalEstates.com and any activity on the DigitalEstates.com Web site. You will not take any action which may impose an unreasonable or disproportionately large load on our computing infrastructure. You will not insert thorugh e-mail or otherwise any material that may contain any viruses, Trojan horses, worms, time bombs, or other software routines that may damage, interfere with, intercept or otherwise adversely affect the DigitalEstates.com computer systems. You agree to comply with other rules regarding DigitalEstates.com, which are posted at various pages throughout the DigitalEstates.com Web site. These rules have as binding an effect as this User Agreement and are incorporated into this Agreement by reference and may be subject to change by DigitalEstates.com without prior notice and in its sole discretion.
Breach and Termination: You agree that DigitalEstates.com may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the services provided by DigitalEstates.com under this Agreement and through the DigitalEstates.com Web site immediately and without any notice. Without limiting the foregoing, DigitalEstates.com may terminate this Agreement if DigitalEstates.com determines in its sole discretion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other DigitalEstates.com policies; or if DigitalEstates.com determines in its sole discretion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided DigitalEstates.com is found in DigitalEstates.com' sole discretion to be false or that we have been unable to authenticate or verify the veracity of such information.
Warranty: You agree that use of DigitalEstates.com services is at your sole risk and that the services are provided on an "as is" and an "as available" basis. DigitalEstates.com expressly disclaims all warranties of any kind, express or implied, including, but without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. DigitalEstates.com makes no warranty that the services will meet your requirements, that they will be uninterrupted, timely, secure, or error free. Nor does DigitalEstates.com make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained from the DigitalEstates.com Web site. You understand and agree that any material and/or data downloaded from the DigitalEstates.com Web site or any services obtained through the services provided by DigitalEstates.com is done at your sole discretion and risk and that you will be solely responsible for any damage resulting from any such download or use of such information or other related transaction. No advice or information that you may obtain from DigitalEstates.com or through the services provided by DigitalEstates.com shall create any warranty not expressly stated therein.
Limitation of Liability: IN NO EVENT SHALL DigitalEstates.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY DigitalEstates.com OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR ARISING FROM OR IN CONNECTION WITH THE SERVICES PROVIDED BY DigitalEstates.com OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DigitalEstates.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DigitalEstates.com LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT EXCEED THE LESSER OF EITHER THE AMOUNT OF FEES YOU SHALL PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH LIABILITIES OR $1,000.
General Provisions: You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the DigitalEstates.com Web site, the services provided therein, and the participation in any active commercial activity conducted in or through the DigitalEstates.com Web site. Other than as expressly stated in this Agreement, there is no agency, partnership, joint venture, employer, employee, franchiser or other legal relationship between DigitalEstates.com and yourself. Unless explicitly stated otherwise, any notices shall be given by e-mail though the contact us button on the site. This Agreement, its terms and conditions, and the relationship between you and DigitalEstates.com shall be governed in all respects by the laws of the State of Illinois, as such laws are applied to agreements entered into and performed entirely within the State of Illinois and between Illinois residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck to the extent of such invalidity or unenforceability, and the remainder thereof, as well as the remaining provisions of this Agreement shall be fully enforced. The failure of DigitalEstates.com to act with respect to a breach by you or others does not waive our right to act with respect to subsequent similar, or the same, breach. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and may not be amended other than as provided for in this Agreement. You agree that regardless of any statute or law to the contrary, any contract arising out of or related to use of the services provided by DigitalEstates.com or otherwise arising out of or related to the terms and conditions of this Agreement, must be filed within one (1) year after such claim or cause of action first arose or shall be forever barred.
Ownership of Marks: DigitalEstates.com trade name, logo, trademark, software, databases, reports, Web site and information are proprietary, and DigitalEstates.com retains all rights, title and interest therein. By becoming using any of the services provided by DigitalEstates.com, you do not acquire any rights or licenses over such or over DigitalEstates.com assets, rights or licenses, other than as what is explicitly granted to you under this paragraph. You may not use the information contained in, or through the services provided by, the DigitalEstates.com Web site other than for the explicit purposes contemplated by this User Agreement. You may not transfer, or otherwise provide access to, such information to any unauthorized third party, and you may not use such information other than for the specific purposes described in this Agreement. Thank you for your support of DigitalEstates.com and the services provided through the Web Site. By accessing the DigitalEstates.com Web site and using the information contained in the Web Site, you agree to the terms of this Agreement
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