terms of use
Welcome to dotDemand.com ('dotDemand'). You are advised to read this Terms of Use in full as they govern your use of our site and services. By accessing and using this site, you signify that you have read, understood and agreed to be bound by this Terms of Use, whether or not you are a registered user or client of any of the services available here at dotDemand, including but not limited to our premium services, "Domains For Sale", "Domain Auctions" and "Domain Monetization Program".
dotDemand reserves the right to modify or update this Terms of Use at any time without notice to you. Your continued use of this website or services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access (or continue to use or access) this website or services. It is your responsibility to regularly check the site to determine if there have been changes to this Terms of Use and to review such changes.
The term dotDemand or "us", "we" or "our" refers to the owner of the website. The term “you” refers to the website's user or visitor or the 'client' of any of its services or auction bidder as the case may be.
This Terms of Use has two parts:
(1) A 'General Terms and Conditions' segment (Section 5) applicable to general access and use of the dotDemand website and any of its services, and
(2) without limiting the generality of (1), sections that contain clauses applicable to a particular service preambled with the name of that service:
This segment comprises the terms and conditions of participation in dotDemand's Domain Tradingpost ('Tradingpost'). An individual or entity may sign up to buy a domain listed for sale at the Tradingpost. There is no charge for registering as a potential buyer. THIS SECTION SHALL APPLY, WITH THE NECESSARY CHANGES, TO A DOMAIN FOR RENT.
1.1 "For Sale" listing
Domains in the For Sale list comprise domains that are exclusively owned by dotDemand free of encumbrance and where approved, non-dotDemand domains.
1.1.1 Application to list
You, as an individual or entity, may apply to have your domain portfolio listed in the Tradingpost. Listing is not automatic. Applications are reviewed within three (3) business days and approved domains will be listed online subject to these terms. There is no Listing Fee for approved domains. A ten percent (10%) commission* based on the agreed selling price (or annual rental fee as the case may be) shall be paid to dotDemand on a sale.
* this does not include escrow fees.
1.1.1.1 Seller's warranties:
You warrant that the information you provide in your application to list your domains are accurate and true in every respect notably that you are the Registrant of the domains in compliance with ICANN rules and that:
Potential buyers click on an envelope icon next to the listed domain to make an offer to dotDemand for the domain. dotDemand reserves the right to accept or reject the offer without assigning any reason. In the case of non-dotDemand domains, dotDemand shall contact the third-party seller who shall decide whether or not to accept the offer. The decision shall then be made known to the buyer.
dotDemand is under no obligation to reveal any information about the potential buyer to the third-party seller until payment has been made into escrow or commission paid to dotDemand.
1.3 Sale of a domain
dotDemand reserves the right,in its sole discretion, to publish the sale price or rental fee of a completed transaction on its website or elsewhere without notice or reason.
1.4 Payment
1.4.1 Escrow service
Once the offer is accepted and the buyer has been notified by email of the same, the buyer shall make payment for the domain within three (3) days of the sale. Payment shall include escrow fees whether paid by buyer or seller as agreed between parties.
1.4.2.1 In the case of dotDemand domains:
In the case of domains for rent, buyers shall pay in accordance with the procedure above substituting the "transfer process" with the seller's obligation to change the DNS settings of the domain to point to the buyer's designated host servers to facilitate use of the domain as envisaged and agreed by the parties. Any subsequent change to DNS settings of the domain without express written consent from the buyer will be treated as a breach of terms for which the buyer shall have the right to a full refund of the rental fee paid to the seller less any transaction fees already paid and or any other legal recourse including but not limited to an injunction on the seller from dealing with the domain for the duration of the agreed rental period.
1.5 At your own risk.
Sellers and Buyers are advised to obtain legal or other competent professional advice on such matters as may be prudent, including applicable laws in force or pending, and the rules of the applicable Domain Name Registrar. All domain transactions are "as is". dotDemand MAKES NO WARRANTY, EXPRESSED OR IMPLIED OF MERCHANTABILITY OR FITNESS FOR PURPOSE, and assumes no liability in connection with any domain transaction with regard to use or desired use of the domain by the Buyer. Furthermore, dotDemand has absolutely no responsibility to investigate or determine whether Seller has good title to the domain listed by Seller for sale or rent, or whether Seller has the right to sell, assign or transfer such domain.
2. DOMAIN AUCTIONS
This segment comprises the terms and conditions of participation in dotDemand's Domain Auctions ('auction' or 'auctions'). An individual or entity may sign up to place a bid in an auction. There is no charge for registering as a bidder.
2.1 Auction List
Domains in the auction list comprise domains exclusively owned by dotDemand free of encumbrance. From time to time, dotDemand may open* the service to outside listings, in which case individual or entities may (as 'Seller') apply to list domains using the appropriate form.
* notice of this will be posted in the appropriate section of the website.
2.2 Seller other than dotDemand
The Seller will need to satisfy dotDemand of proof of ownership of the domain(s), that you are the registrant with both administrative and technical control over the domain(s), that there is no infringement of intellectual property rights of a third party or likelihood of the same and that the domain(s) are valid and current in compliance with ICANN rules and standards. dotDemand in its sole discretion may or may not accept any domain to be listed without assigning any reason.
2.2.1 Seller's warranties
The Seller warrants and represents each of the following to bidders, buyers and in the case of non-dotDemand domains, to dotDemand that:
The Seller agrees to advise dotDemand immediately in the event that the Seller becomes aware of any claim of infringement or any trademark, trade name, service mark, copyright or other right described above as against a domain.
2.2.3 Suspension
dotDemand reserves the right at its discretion to halt or suspend any auction, bid or closing transaction at any time. Without limiting the generality of this right, you agree that dotDemand may halt any auction and/or closing transaction in progress in the event that dotDemand receives notice that a purchase, sale, transfer, assignment or registration of a domain name constitutes direct or contributory infringement, trademark piracy, cyber squatting, or any other violation of any applicable civil or criminal legislation, or of the rights of any third party. dotDemand may also halt an auction and/or closing transaction in progress if dotDemand receives notice under the terms of any Domain Name Registrar's dispute policy that the Registration is the subject of a domain dispute policy proceeding.
2.3 Auction type
dotDemand auctions are open auctions where the highest bidder wins subject to the reserved price, if any. You may place proxy or maximum bids. At the close of an auction, the highest bidder is declared winner* and will receive notification of the same by email sent to the email address posted on sign up.
*In the case of auctions with a Reserved Price, the highest bidder will win the auction only if the winning bid is above the reserved price. Unless otherwise stated, all auctions carry a reserved price which shall remain undisclosed for all intents and purposes.
2.4 Bidder / Buyer
To bid in an auction, you need to register online. Registration is free of charge.
2.5 Binding contract
In practice, sellers on listing a domain make a binding offer for an auction sale which cannot be withdrawn once bidding has begun. If you receive one or more bids at or above your stated reserve price, then you are obligated to complete the sale to the highest bidder.
Bids by bidders may not be withdrawn before the close of the auction. As a bidder, if you have the highest bid at the end of the auction, at or above the reserve price, you have accepted the seller's offer. If the foregoing conditions have been satisfied and there has been no material breach of terms by the party seeking to enforce such binding contract, there shall be a binding contract between buyer (or 'auction winner') and seller to complete the transaction in accordance with the agreed terms.
2.6 Payment
2.6.1 Escrow service
The buyer or auction winner is obligated to pay the seller within three (3) days of close of the auction. Payment shall include escrow fees where that has been agreed between parties.
Failure to pay within the stipulated time will forfeit the auction winner of all rights pertaining to the auction without prejudice to any action, claim or demand that may be levied against such auction winner by dotDemand or Seller.
dotDemand reserves the right in its sole discretion to then offer the domain to the next highest bidder or simply put the domain up for a fresh auction or withdraw the domain altogether. dotDemand further reserves its right to ban the defaulting auction winner indefinitely from any future participation in a dotDemand Domain Auction or use of any dotDemand services.
2.6.3 Procedure
2.6.3.1 In the case of dotDemand domains:
Sellers and Buyers are advised to obtain legal or other competent professional advice on such matters as may be prudent, including applicable laws in force or pending, and the rules of the applicable Domain Name Registrar. All domain transactions are "as is". dotDemand MAKES NO WARRANTY, EXPRESSED OR IMPLIED OF MERCHANTABILITY OR FITNESS FOR PURPOSE, and assumes no liability in connection with any domain transaction with regard to use or desired use of the domain by the Buyer. Furthermore, dotDemand has absolutely no responsibility to investigate or determine whether Seller has good title to the domain listed by Seller for auction, or whether Seller has the right to sell, assign or transfer such domain.
3. DOMAIN MONETIZATION PROGRAM [apply now]
This segment comprises the terms and conditions of participation in dotDemand's Domain Monetization Program ('DMP' or the 'program'). An individual or entity may apply to participate in the program by using our Domain Monetization Request Form (the 'Form') upon payment of a non-refundable processing fee.
By checking the "I have read and agree to the Terms of Service" checkbox in the Form, you acknowledge that you have read this Terms of Use and agree to all its terms and conditions.
These terms will take effect when dotDemand accepts your application and informs you of the same by return email at the email address you posted on application. dotDemand reserves the right, in its sole discretion, to accept or reject your application for one, all or any of the domains in your list without assigning any reason. No refund shall be made. In the case of partial acceptance, dotDemand may in its absolute discretion decide to convert payment made for the domains rejected to dotDemand credits ('dDits') which you may use for other services on the site subject to conditions.
3.1 Obligations of the parties
3.1.1 Subject to these provisions, dotDemand shall operate the program on a best efforts basis without any guarantee or warranty that performance or results howsoever perceived will be achieved in part or at all in particular whether any income or revenue will accrue from such efforts.
3.1.2 dotDemand shall provide all website content for the domain(s) and the appropriate links to advertisers and or affiliate services for purposes of the program. The Client shall accept that the website content provided by dotDemand for the domain(s) is in the sole discretion of dotDemand what best fits the purpose. The Client shall not participate in content or traffic generation and shall not have any access to the website's content or its participating advertisers and or affiliate services.
3.1.3 The Client declares, represents and warrants that the domain(s) submitted for participation in the program is/are valid and shall remain valid for all intents and purposes for the duration of the program and the Client has the requisite authority in compliance with ICANN rules to deal as owner or as an authorised person to act on behalf exclusively.
3.1.4 For the purposes of the program, the Client accepts that the domain(s) once submitted and approved for participation shall remain in the sole care and use of dotDemand and that the Client shall not deal with such domain(s) in any manner or form contrary to the spirit of the program including but not limited to any method that may mislead or induce users to click on links or the use of click-generating apps or schemes in an effort to artificially inflate the click-through rate. dotDemand shall be the sole arbiter of what constitutes relevant clicks for the purpose of the program.
The aim of relevant content is to attract relevant traffic so that it could reasonably be expected that users or visitors to the domain(s) website(s) would be interested enough in the advertisements presented by advertisers and affiliate services to click on the links for more information, benefitting all participants.
3.2 Period of engagement, termination
3.2.1 The period of engagement is one (1) year commencing from the date of application for any approved domain. Upon completion of one year, participation in the program is automatically renewed for successive one (1) year terms unless one party gives written notice (email will suffice) of non-renewal to the other at least thirty (30) days before expiry of the existing term.
dotDemand reserves the right in its absolute discretion to terminate the engagement without notice at any time for any reason. Any income generated up to date of termination shall be dealt with in accordance with these terms.
3.2.2 All website content for the domain(s) shall remain the property of dotDemand and its respective advertisers or affiliates. The Client acknowledges and agrees that it shall have no right, title, or interest in and to any information or data howsoever presented on a website for such domain(s) whether or not such content is stored on our servers. dotDemand is under no obligation to maintain such data or information after expiry of the period of engagement.
3.2.3 The Client agrees not to solicit information or in any manner or form contact any advertiser or affliate service participating in the program whether or not specific to such domain(s) during the period of engagement and one (1) year after expiration or prior determination of the same.
3.3 Fees & payment
3.3.1 The processing fee of 10 USD per domain name applied is not refundable.
3.3.2 Income from the program for a domain is derived solely from click-through revenue paid by participating advertisers and or affiliate services. dotDemand's decision on relevancy and number of clicks is exclusive and final. The Client's share or commission is paid based on the operating DMP rate (see below) less any transaction fees.
3.3.3 The base DMP rate payable is 30% to the Client which sum shall be paid once a month on or about the 25th day of each calendar month for the prior month's income when such accrued sum exceeds a minimum of 100 USD after deductions. The DMP rate as advertised at time of contract shall be the operating rate (which rate shall not be less than 30%) as between the Client and dotDemand for the duration of the engagement.
3.3.4 The Client shall bear all transaction fees or bank charges including withholding taxes or such taxes as may be levied, if any, arising from or in relation to any payments made to the Client which amount shall be deducted prior to any payment to the Client. The Client shall indemnify dotDemand against any claim, action or demand howsoever arising in relation to such payments.
4. DOMAIN APPRAISAL
dotDemand's "dotWorth Appraisal" service is as described on the website. All appraisals generated by dotDemand are copyright dotDemand. All rights reserved.
The appraisal value arrived at through the service is an estimated value. dotDemand makes no representation or warranty as to whether the domain can be sold or traded or in any manner dealt with at such value or any particular value. The applicant is solely responsible for how the appraisal is used and do so at his/her/its own risk always indemnifying dotDemand in full against any claim, action or demand howsoever arising in relation to such appraisal.
5. GENERAL TERMS AND CONDITIONS OF USE
5.1 Overview
The information contained in this website is for general information purposes only. The information is provided by dotDemand and whilst dotDemand endeavours to keep the information up-to-date and correct, dotDemand makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will dotDemand be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website or services offered.
Through this website you are able to link to other websites which are not under the control of dotDemand. dotDemand has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, dotDemand takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond its control.
5.3 Privacy Policy
This privacy policy sets out how dotDemand uses and protects any information that you give dotDemand when you use this website.
dotDemand is committed to ensuring that your privacy is protected. Should dotDemand ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
5.3.1 Information
dotDemand may collect the following information:
dotDemand requires this information to understand your needs and provide you with a better service, and in particular for the following reasons:
dotDemand is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure dotDemand has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information dotDemand collects online.
5.3.3 How dotDemand uses cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
dotDemand uses traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve its website in order to tailor it to customer needs. dotDemand only uses this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
5.3.4 Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave its site, you should note that dotDemand does not have any control over that other website. Therefore, dotDemand cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
dotDemand will not sell, distribute or lease your personal information to third parties unless dotDemand has your permission or are required by law. dotDemand may use your personal information to send you promotional information about third parties which dotDemand thinks you may find interesting if you tell us that you wish this to happen.
If you believe that any information dotDemand is holding on you is incorrect or incomplete, please write to or email us as soon as possible, dotDemand will promptly correct any information found to be incorrect.
5.4 Proprietary Rights
This website and its content is copyright of dotDemand - © 2008 dotDemand.com. All rights reserved.
The letters ".dotdemand.com" (in small case) depicted as a logo, its "signpost" logo and all other identifying marks of dotDemand, shall remain the exclusive property of dotDemand, and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, including without limitation all programs, script customization, interface layout, interface text, documentation and graphics (collectively, the "content"), is the copyrighted property of dotDemand unless expressly attributed or noted otherwise and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use provided that you keep all copyright or other proprietary notices intact and provided that content may not be taken out of context or presented in a misleading or discriminatory manner. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. Any rights not expressly granted to you are reserved by us.
Unless explicitly stated herein, nothing in this Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Permission to use any content as governed by this Terms of Use is revocable at any time without notice and with or without cause.
5.5 Indemnification by User
You agree to indemnify, defend and hold dotDemand and its affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website and its services or breach of this Terms of Use. dotDemand reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
5.6 Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AVAILABLE ON THIS WEBSITE SHALL BE ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL dotDemand OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF dotDemand IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, dotDemand'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO dotDemand FOR THE SERVICE, BUT IN NO CASE WILL dotDemand'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO dotDemand FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM dotDemand, REGARDLESS OF THE CAUSE OF ACTION.
5.7 General
This Terms of Use constitute the entire agreement between you and dotDemand regarding the use of the website and/or the services, superseding any prior agreements between you and dotDemand relating to your use of the website or the services. If any provision of this Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions of this Terms of Use which shall continue in full force and effect. The failure of dotDemand to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
You agree that this Terms of Use, its Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations of them, the English language version of such documents shall govern.
This Terms of Use shall be governed by and construed in accordance with the laws of Thailand, without regard to conflict of laws provisions. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Thailand.
Contact
Welcome to dotDemand.com ('dotDemand'). You are advised to read this Terms of Use in full as they govern your use of our site and services. By accessing and using this site, you signify that you have read, understood and agreed to be bound by this Terms of Use, whether or not you are a registered user or client of any of the services available here at dotDemand, including but not limited to our premium services, "Domains For Sale", "Domain Auctions" and "Domain Monetization Program".
dotDemand reserves the right to modify or update this Terms of Use at any time without notice to you. Your continued use of this website or services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access (or continue to use or access) this website or services. It is your responsibility to regularly check the site to determine if there have been changes to this Terms of Use and to review such changes.
The term dotDemand or "us", "we" or "our" refers to the owner of the website. The term “you” refers to the website's user or visitor or the 'client' of any of its services or auction bidder as the case may be.
This Terms of Use has two parts:
(1) A 'General Terms and Conditions' segment (Section 5) applicable to general access and use of the dotDemand website and any of its services, and
(2) without limiting the generality of (1), sections that contain clauses applicable to a particular service preambled with the name of that service:
- 1. DOMAINS FOR SALE (or RENT)
- 2. DOMAIN AUCTIONS
- 3. DOMAIN MONETIZATION
- 4. DOMAIN APPRAISAL
This segment comprises the terms and conditions of participation in dotDemand's Domain Tradingpost ('Tradingpost'). An individual or entity may sign up to buy a domain listed for sale at the Tradingpost. There is no charge for registering as a potential buyer. THIS SECTION SHALL APPLY, WITH THE NECESSARY CHANGES, TO A DOMAIN FOR RENT.
1.1 "For Sale" listing
Domains in the For Sale list comprise domains that are exclusively owned by dotDemand free of encumbrance and where approved, non-dotDemand domains.
1.1.1 Application to list
You, as an individual or entity, may apply to have your domain portfolio listed in the Tradingpost. Listing is not automatic. Applications are reviewed within three (3) business days and approved domains will be listed online subject to these terms. There is no Listing Fee for approved domains. A ten percent (10%) commission* based on the agreed selling price (or annual rental fee as the case may be) shall be paid to dotDemand on a sale.
* this does not include escrow fees.
1.1.1.1 Seller's warranties:
You warrant that the information you provide in your application to list your domains are accurate and true in every respect notably that you are the Registrant of the domains in compliance with ICANN rules and that:
- registration of each domain ('Registration') is in good standing,
- you are not in breach of any obligation to the registrar or registry of the Domain Name (both referred to as the "Registrar"),
- all Registration fees have been paid in full,
- the Registration has not been pledged to any third party, has not been mortgaged, is not the subject of any security interest granted to any third party, has not been licensed and has not otherwise been the subject of any express permissions to use or to link,
- you are an authorized contact on the Registration and has sole and exclusive authority to authorize transfer of the Registration free of any claim of any kind and to execute such documents as will be recognized by the Registrar to effect a transfer of the domain,
- you are free from any notice or claim asserted or threatened by any third party claiming infringement of any trade name, trademark, service mark, copyright, or license of any person or organization,
- the Registration is not the subject of any suspension or dispute procedure by any Registrar or of any arbitration or other dispute resolution procedure
- that you hold no trademark, trade name, or other proprietary commercial interest in the Domain Name and will hereafter make no objection to Buyer's registration or use of the domain,
- to the best of your knowledge, neither the domain nor the Registration infringe any third party's copyright, patent, trademark, or other proprietary rights
- the Registration does not violate any law, statute, ordinance or regulation
- the domain is not defamatory, trade libellous, unlawfully threatening or unlawfully harassing, and
- the domain is not obscene or contain child pornography.
Potential buyers click on an envelope icon next to the listed domain to make an offer to dotDemand for the domain. dotDemand reserves the right to accept or reject the offer without assigning any reason. In the case of non-dotDemand domains, dotDemand shall contact the third-party seller who shall decide whether or not to accept the offer. The decision shall then be made known to the buyer.
dotDemand is under no obligation to reveal any information about the potential buyer to the third-party seller until payment has been made into escrow or commission paid to dotDemand.
1.3 Sale of a domain
dotDemand reserves the right,in its sole discretion, to publish the sale price or rental fee of a completed transaction on its website or elsewhere without notice or reason.
1.4 Payment
1.4.1 Escrow service
- For non-dotDemand domains, dotDemand provides an escrow service to facilitate completion of the sale of a domain. The escrow fees payable to dotDemand is three percent (3%) of the agreed sale price. The seller may specify prior to listing that the same be paid by the buyer.
Third-party sellers of domains authorised to be listed shall accept and agree that buyers will pay into escrow directly to dotDemand. Upon notification that the buyer has made payment into escrow, the seller shall transfer* the domain to the buyer as agreed. Upon completion of the transfer, dotDemand shall then release the payment held in escrow to the seller less payment** to dotDemand of three percent (3%) escrow fees and ten percent (10%) commission payable as agreed.
* The domain is "transferred" in accordance to ICANN rules when the buyer becomes the 'Registrant' on record (as confirmed by a WHOIS domain name check) with both administrative and technical control over the domain.
** Seller shall bear all transaction fees or bank charges, including withholding taxes or such taxes as may be levied, if any, arising from or in relation to any payments made to the seller which amount shall be deducted prior to any payment to the seller. The seller shall indemnify dotDemand against any claim, action or demand howsoever arising in relation to such payments.
- Unless otherwise specified in writing, the seller undertakes to pay escrow fees and so is advised to take this into consideration in coming to an agreed sale price.
Once the offer is accepted and the buyer has been notified by email of the same, the buyer shall make payment for the domain within three (3) days of the sale. Payment shall include escrow fees whether paid by buyer or seller as agreed between parties.
1.4.2.1 In the case of dotDemand domains:
- For sale value up to 5,000 USD, payment shall be made directly to dotDemand by PayPal or wire transfer whereupon dotDemand will provide the requisite domain login information by email notification to the buyer. With login access, the buyer has administrative and technical control over the domain as owner in accordance with ICANN rules.
- For sale value in excess of 5,000 USD, the buyer may elect to pay directly as above or to pay into escrow at escrow.com, an independent escrow service used by eBay. The buyer shall bear all charges relating to the use of such service which in most cases is 10% of the escrow sum. Parties will then comply with terms and conditions as required by the escrow service to complete the transaction.
- Payment, which shall include escrow fees, shall be made directly to dotDemand through PayPal or wire transfer to be held in escrow. Upon notification that the buyer has made payment into escrow, the seller shall transfer* the domain to the buyer as agreed. Upon completion of the domain transfer, dotDemand shall release the purchase sum held in escrow to the seller less payment** to dotDemand of three percent (3%) escrow fees and ten percent (10%) commission payable as agreed.
* The domain is "transferred" in accordance to ICANN rules when the buyer becomes the 'Registrant' on record (as confirmed by a WHOIS domain name check) with both administrative and technical control over the domain.
** Seller shall bear all transaction fees or bank charges, including withholding taxes or such taxes as may be levied, if any, arising from or in relation to any payments made to the seller which amount shall be deducted prior to any payment to the seller. The seller shall indemnify dotDemand against any claim, action or demand howsoever arising in relation to such payments.
- Unless otherwise specified in writing, the seller undertakes to pay escrow fees and so is advised to take this into consideration in coming to an agreed sale price.
In the case of domains for rent, buyers shall pay in accordance with the procedure above substituting the "transfer process" with the seller's obligation to change the DNS settings of the domain to point to the buyer's designated host servers to facilitate use of the domain as envisaged and agreed by the parties. Any subsequent change to DNS settings of the domain without express written consent from the buyer will be treated as a breach of terms for which the buyer shall have the right to a full refund of the rental fee paid to the seller less any transaction fees already paid and or any other legal recourse including but not limited to an injunction on the seller from dealing with the domain for the duration of the agreed rental period.
1.5 At your own risk.
Sellers and Buyers are advised to obtain legal or other competent professional advice on such matters as may be prudent, including applicable laws in force or pending, and the rules of the applicable Domain Name Registrar. All domain transactions are "as is". dotDemand MAKES NO WARRANTY, EXPRESSED OR IMPLIED OF MERCHANTABILITY OR FITNESS FOR PURPOSE, and assumes no liability in connection with any domain transaction with regard to use or desired use of the domain by the Buyer. Furthermore, dotDemand has absolutely no responsibility to investigate or determine whether Seller has good title to the domain listed by Seller for sale or rent, or whether Seller has the right to sell, assign or transfer such domain.
2. DOMAIN AUCTIONS
This segment comprises the terms and conditions of participation in dotDemand's Domain Auctions ('auction' or 'auctions'). An individual or entity may sign up to place a bid in an auction. There is no charge for registering as a bidder.
2.1 Auction List
Domains in the auction list comprise domains exclusively owned by dotDemand free of encumbrance. From time to time, dotDemand may open* the service to outside listings, in which case individual or entities may (as 'Seller') apply to list domains using the appropriate form.
* notice of this will be posted in the appropriate section of the website.
2.2 Seller other than dotDemand
The Seller will need to satisfy dotDemand of proof of ownership of the domain(s), that you are the registrant with both administrative and technical control over the domain(s), that there is no infringement of intellectual property rights of a third party or likelihood of the same and that the domain(s) are valid and current in compliance with ICANN rules and standards. dotDemand in its sole discretion may or may not accept any domain to be listed without assigning any reason.
2.2.1 Seller's warranties
The Seller warrants and represents each of the following to bidders, buyers and in the case of non-dotDemand domains, to dotDemand that:
- registration of the domain ('Registration') is in good standing,
- the Seller is not in breach of any obligation to the registrar or registry of the Domain Name (both referred to as the "Registrar"),
- all Registration fees have been paid in full,
- the Registration has not been pledged to any third party, has not been mortgaged, is not the subject of any security interest granted to any third party, has not been licensed and has not otherwise been the subject of any express permissions to use or to link,
- the Seller is an authorized contact on the Registration and has sole and exclusive authority to authorize transfer of the Registration free of any claim of any kind and to execute such documents as will be recognized by the Registrar to effect a transfer of the domain,
- the Seller is free from any notice or claim asserted or threatened by any third party claiming infringement of any trade name, trademark, service mark, copyright, or license of any person or organization,
- the Registration is not the subject of any suspension or dispute procedure by any Registrar or of any arbitration or other dispute resolution procedure
- that the Seller holds no trademark, trade name, or other proprietary commercial interest in the Domain Name and will hereafter make no objection to Buyer's registration or use of the domain,
- to the best of the Seller's knowledge, neither the domain nor the Registration infringe any third party's copyright, patent, trademark, or other proprietary rights
- the Registration does not violate any law, statute, ordinance or regulation
- the domain is not defamatory, trade libellous, unlawfully threatening or unlawfully harassing,
- the domain is not obscene or contain child pornography, and
- the domain is not identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount.
The Seller agrees to advise dotDemand immediately in the event that the Seller becomes aware of any claim of infringement or any trademark, trade name, service mark, copyright or other right described above as against a domain.
2.2.3 Suspension
dotDemand reserves the right at its discretion to halt or suspend any auction, bid or closing transaction at any time. Without limiting the generality of this right, you agree that dotDemand may halt any auction and/or closing transaction in progress in the event that dotDemand receives notice that a purchase, sale, transfer, assignment or registration of a domain name constitutes direct or contributory infringement, trademark piracy, cyber squatting, or any other violation of any applicable civil or criminal legislation, or of the rights of any third party. dotDemand may also halt an auction and/or closing transaction in progress if dotDemand receives notice under the terms of any Domain Name Registrar's dispute policy that the Registration is the subject of a domain dispute policy proceeding.
2.3 Auction type
dotDemand auctions are open auctions where the highest bidder wins subject to the reserved price, if any. You may place proxy or maximum bids. At the close of an auction, the highest bidder is declared winner* and will receive notification of the same by email sent to the email address posted on sign up.
*In the case of auctions with a Reserved Price, the highest bidder will win the auction only if the winning bid is above the reserved price. Unless otherwise stated, all auctions carry a reserved price which shall remain undisclosed for all intents and purposes.
2.4 Bidder / Buyer
To bid in an auction, you need to register online. Registration is free of charge.
2.5 Binding contract
In practice, sellers on listing a domain make a binding offer for an auction sale which cannot be withdrawn once bidding has begun. If you receive one or more bids at or above your stated reserve price, then you are obligated to complete the sale to the highest bidder.
Bids by bidders may not be withdrawn before the close of the auction. As a bidder, if you have the highest bid at the end of the auction, at or above the reserve price, you have accepted the seller's offer. If the foregoing conditions have been satisfied and there has been no material breach of terms by the party seeking to enforce such binding contract, there shall be a binding contract between buyer (or 'auction winner') and seller to complete the transaction in accordance with the agreed terms.
2.6 Payment
2.6.1 Escrow service
- For non-dotDemand domains, dotDemand provides an escrow service to facilitate completion of the sale of a domain. The escrow fees payable to dotDemand is three percent (3%) of the winning bid. The Seller may specify prior to listing that the same be paid by the Buyer.
Sellers of domains authorised to be listed shall accept and agree that auction winners will pay into escrow directly to dotDemand. Upon notification that the auction winner or Buyer has made payment into escrow, the Seller shall transfer* the domain to the buyer as agreed. Upon completion of the transfer, dotDemand shall then release the winning bid payment held in escrow to the Seller less payment** to dotDemand of three percent (3%) escrow fees and ten percent (10%) commission payable as agreed.
* The domain is "transferred" in accordance to ICANN rules when the buyer becomes the 'Registrant' on record (as confirmed by a WHOIS domain name check) with both administrative and technical control over the domain.
** Seller shall bear all transaction fees or bank charges, including withholding taxes or such taxes as may be levied, if any, arising from or in relation to any payments made to the seller which amount shall be deducted prior to any payment to the seller. The seller shall indemnify dotDemand against any claim, action or demand howsoever arising in relation to such payments.
- Unless otherwise specified in writing, the seller undertakes to pay escrow fees and so is advised to take this into consideration in coming to an agreed sale price.
The buyer or auction winner is obligated to pay the seller within three (3) days of close of the auction. Payment shall include escrow fees where that has been agreed between parties.
Failure to pay within the stipulated time will forfeit the auction winner of all rights pertaining to the auction without prejudice to any action, claim or demand that may be levied against such auction winner by dotDemand or Seller.
dotDemand reserves the right in its sole discretion to then offer the domain to the next highest bidder or simply put the domain up for a fresh auction or withdraw the domain altogether. dotDemand further reserves its right to ban the defaulting auction winner indefinitely from any future participation in a dotDemand Domain Auction or use of any dotDemand services.
2.6.3 Procedure
2.6.3.1 In the case of dotDemand domains:
- For winning bids up to 1,000 USD, payment shall be made directly to dotDemand by PayPal or wire transfer whereupon dotDemand will provide the requisite domain login information by email notification to the auction winner. With login access, the auction winner has administrative and technical control over the domain as owner in accordance with ICANN rules.
- For winning bids in excess of 1,000 USD, the auction winner may elect to pay directly as above or to pay into escrow at escrow.com, an independent escrow service used by eBay. The auction winner shall bear all charges relating to the use of such service which in most cases is 10% of the escrow sum. Parties will then comply with terms and conditions as required by the escrow service to complete the transaction.
- Payment, which shall include escrow fees, shall be made directly to dotDemand through PayPal or wire transfer to be held in escrow. Upon notification that the auction winner or Buyer has made payment into escrow, the Seller shall transfer* the domain to the buyer as agreed. Upon completion of the domain transfer, dotDemand shall release the winning bid payment held in escrow to the Seller less payment** to dotDemand of three percent (3%) escrow fees and ten percent (10%) commission payable as agreed.
* The domain is "transferred" in accordance to ICANN rules when the buyer becomes the 'Registrant' on record (as confirmed by a WHOIS domain name check) with both administrative and technical control over the domain.
** Seller shall bear all transaction fees or bank charges, including withholding taxes or such taxes as may be levied, if any, arising from or in relation to any payments made to the seller which amount shall be deducted prior to any payment to the seller. The seller shall indemnify dotDemand against any claim, action or demand howsoever arising in relation to such payments.
- Unless otherwise specified in writing, the seller undertakes to pay escrow fees and so is advised to take this into consideration in coming to a price for the initial bid and or reserve price.
Sellers and Buyers are advised to obtain legal or other competent professional advice on such matters as may be prudent, including applicable laws in force or pending, and the rules of the applicable Domain Name Registrar. All domain transactions are "as is". dotDemand MAKES NO WARRANTY, EXPRESSED OR IMPLIED OF MERCHANTABILITY OR FITNESS FOR PURPOSE, and assumes no liability in connection with any domain transaction with regard to use or desired use of the domain by the Buyer. Furthermore, dotDemand has absolutely no responsibility to investigate or determine whether Seller has good title to the domain listed by Seller for auction, or whether Seller has the right to sell, assign or transfer such domain.
3. DOMAIN MONETIZATION PROGRAM [apply now]
This segment comprises the terms and conditions of participation in dotDemand's Domain Monetization Program ('DMP' or the 'program'). An individual or entity may apply to participate in the program by using our Domain Monetization Request Form (the 'Form') upon payment of a non-refundable processing fee.
By checking the "I have read and agree to the Terms of Service" checkbox in the Form, you acknowledge that you have read this Terms of Use and agree to all its terms and conditions.
These terms will take effect when dotDemand accepts your application and informs you of the same by return email at the email address you posted on application. dotDemand reserves the right, in its sole discretion, to accept or reject your application for one, all or any of the domains in your list without assigning any reason. No refund shall be made. In the case of partial acceptance, dotDemand may in its absolute discretion decide to convert payment made for the domains rejected to dotDemand credits ('dDits') which you may use for other services on the site subject to conditions.
3.1 Obligations of the parties
3.1.1 Subject to these provisions, dotDemand shall operate the program on a best efforts basis without any guarantee or warranty that performance or results howsoever perceived will be achieved in part or at all in particular whether any income or revenue will accrue from such efforts.
3.1.2 dotDemand shall provide all website content for the domain(s) and the appropriate links to advertisers and or affiliate services for purposes of the program. The Client shall accept that the website content provided by dotDemand for the domain(s) is in the sole discretion of dotDemand what best fits the purpose. The Client shall not participate in content or traffic generation and shall not have any access to the website's content or its participating advertisers and or affiliate services.
3.1.3 The Client declares, represents and warrants that the domain(s) submitted for participation in the program is/are valid and shall remain valid for all intents and purposes for the duration of the program and the Client has the requisite authority in compliance with ICANN rules to deal as owner or as an authorised person to act on behalf exclusively.
3.1.4 For the purposes of the program, the Client accepts that the domain(s) once submitted and approved for participation shall remain in the sole care and use of dotDemand and that the Client shall not deal with such domain(s) in any manner or form contrary to the spirit of the program including but not limited to any method that may mislead or induce users to click on links or the use of click-generating apps or schemes in an effort to artificially inflate the click-through rate. dotDemand shall be the sole arbiter of what constitutes relevant clicks for the purpose of the program.
The aim of relevant content is to attract relevant traffic so that it could reasonably be expected that users or visitors to the domain(s) website(s) would be interested enough in the advertisements presented by advertisers and affiliate services to click on the links for more information, benefitting all participants.
3.2 Period of engagement, termination
3.2.1 The period of engagement is one (1) year commencing from the date of application for any approved domain. Upon completion of one year, participation in the program is automatically renewed for successive one (1) year terms unless one party gives written notice (email will suffice) of non-renewal to the other at least thirty (30) days before expiry of the existing term.
dotDemand reserves the right in its absolute discretion to terminate the engagement without notice at any time for any reason. Any income generated up to date of termination shall be dealt with in accordance with these terms.
3.2.2 All website content for the domain(s) shall remain the property of dotDemand and its respective advertisers or affiliates. The Client acknowledges and agrees that it shall have no right, title, or interest in and to any information or data howsoever presented on a website for such domain(s) whether or not such content is stored on our servers. dotDemand is under no obligation to maintain such data or information after expiry of the period of engagement.
3.2.3 The Client agrees not to solicit information or in any manner or form contact any advertiser or affliate service participating in the program whether or not specific to such domain(s) during the period of engagement and one (1) year after expiration or prior determination of the same.
3.3 Fees & payment
3.3.1 The processing fee of 10 USD per domain name applied is not refundable.
3.3.2 Income from the program for a domain is derived solely from click-through revenue paid by participating advertisers and or affiliate services. dotDemand's decision on relevancy and number of clicks is exclusive and final. The Client's share or commission is paid based on the operating DMP rate (see below) less any transaction fees.
3.3.3 The base DMP rate payable is 30% to the Client which sum shall be paid once a month on or about the 25th day of each calendar month for the prior month's income when such accrued sum exceeds a minimum of 100 USD after deductions. The DMP rate as advertised at time of contract shall be the operating rate (which rate shall not be less than 30%) as between the Client and dotDemand for the duration of the engagement.
3.3.4 The Client shall bear all transaction fees or bank charges including withholding taxes or such taxes as may be levied, if any, arising from or in relation to any payments made to the Client which amount shall be deducted prior to any payment to the Client. The Client shall indemnify dotDemand against any claim, action or demand howsoever arising in relation to such payments.
| 3.3.3.1 Upon expiry or sooner determination, the Client will be paid any sums accrued less applicable fees or charges within 30 days of such event. | |
| 3.3.3.2 No monies will be paid out if the Client is in violation of any of these terms. Any sums remaining in account shall be forthwith forfeited to dotDemand. |
4. DOMAIN APPRAISAL
dotDemand's "dotWorth Appraisal" service is as described on the website. All appraisals generated by dotDemand are copyright dotDemand. All rights reserved.
The appraisal value arrived at through the service is an estimated value. dotDemand makes no representation or warranty as to whether the domain can be sold or traded or in any manner dealt with at such value or any particular value. The applicant is solely responsible for how the appraisal is used and do so at his/her/its own risk always indemnifying dotDemand in full against any claim, action or demand howsoever arising in relation to such appraisal.
5. GENERAL TERMS AND CONDITIONS OF USE
5.1 Overview
- The information, data or content in this website is for your general information purposes only. It is subject to change without notice.
- Neither dotDemand nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and dotDemand expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which dotDemand shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by us, except where noted. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged as the property of their respective owners.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that dotDemand endorse the website(s). dotDemand have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without prior written consent from dotDemand.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Thailand.
The information contained in this website is for general information purposes only. The information is provided by dotDemand and whilst dotDemand endeavours to keep the information up-to-date and correct, dotDemand makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will dotDemand be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website or services offered.
Through this website you are able to link to other websites which are not under the control of dotDemand. dotDemand has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, dotDemand takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond its control.
5.3 Privacy Policy
This privacy policy sets out how dotDemand uses and protects any information that you give dotDemand when you use this website.
dotDemand is committed to ensuring that your privacy is protected. Should dotDemand ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
5.3.1 Information
dotDemand may collect the following information:
- name and occupation
- contact information including email address
- demographic information such as post code, preferences and interests
- other information relevant to customer surveys and/or offers
dotDemand requires this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- dotDemand may use the information for internal records, and to improve its products and services.
- dotDemand may periodically send promotional email about new products, special offers or other information which dotDemand think you may find interesting using the email address which you have provided.
- From time to time, dotDemand may also use your information to contact you for market research purposes. dotDemand may contact you by email, phone, fax or mail.
- dotDemand may use the information to customise the website according to your interests.
dotDemand is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure dotDemand has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information dotDemand collects online.
5.3.3 How dotDemand uses cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
dotDemand uses traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve its website in order to tailor it to customer needs. dotDemand only uses this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
5.3.4 Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave its site, you should note that dotDemand does not have any control over that other website. Therefore, dotDemand cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
dotDemand will not sell, distribute or lease your personal information to third parties unless dotDemand has your permission or are required by law. dotDemand may use your personal information to send you promotional information about third parties which dotDemand thinks you may find interesting if you tell us that you wish this to happen.
If you believe that any information dotDemand is holding on you is incorrect or incomplete, please write to or email us as soon as possible, dotDemand will promptly correct any information found to be incorrect.
5.4 Proprietary Rights
This website and its content is copyright of dotDemand - © 2008 dotDemand.com. All rights reserved.
The letters ".dotdemand.com" (in small case) depicted as a logo, its "signpost" logo and all other identifying marks of dotDemand, shall remain the exclusive property of dotDemand, and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website, including without limitation all programs, script customization, interface layout, interface text, documentation and graphics (collectively, the "content"), is the copyrighted property of dotDemand unless expressly attributed or noted otherwise and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use provided that you keep all copyright or other proprietary notices intact and provided that content may not be taken out of context or presented in a misleading or discriminatory manner. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. Any rights not expressly granted to you are reserved by us.
Unless explicitly stated herein, nothing in this Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Permission to use any content as governed by this Terms of Use is revocable at any time without notice and with or without cause.
5.5 Indemnification by User
You agree to indemnify, defend and hold dotDemand and its affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website and its services or breach of this Terms of Use. dotDemand reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
5.6 Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AVAILABLE ON THIS WEBSITE SHALL BE ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL dotDemand OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF dotDemand IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, dotDemand'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO dotDemand FOR THE SERVICE, BUT IN NO CASE WILL dotDemand'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO dotDemand FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM dotDemand, REGARDLESS OF THE CAUSE OF ACTION.
5.7 General
This Terms of Use constitute the entire agreement between you and dotDemand regarding the use of the website and/or the services, superseding any prior agreements between you and dotDemand relating to your use of the website or the services. If any provision of this Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions of this Terms of Use which shall continue in full force and effect. The failure of dotDemand to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
You agree that this Terms of Use, its Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations of them, the English language version of such documents shall govern.
This Terms of Use shall be governed by and construed in accordance with the laws of Thailand, without regard to conflict of laws provisions. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Thailand.
Contact
If you have any questions or concerns about its website or this Terms of Use,
please feel free to contact us at info@dotdemand.com.
