Legal Agreement
Before you bid on names in our Live Domain Name auction, please read the following agreement carefully. By clicking "I accept", you are agreeing to the terms of the auction which are set out below.
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE ACCESSING AND USING THIS WEB SITE. By pressing the "I Accept" button or otherwise accessing the MagicSurfer.com web site, 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, or you press the "I Do Not Accept" button, you may not access this web site or use the information contained in this web site. If you have any questions about this User Agreement, or about accessing and using this web site, please feel free to contact us at whalehead@mac.com Eligibility: Participation in the activity taking place on the MagicSurfer.com web site requires the purchase and sale of an asset, requiring the execution of an agreement, and typically involving large sums of money. Therefore, only adults who can form legally binding contracts under applicable law can actively participate in the sales activities conducted through this web site. By clicking on the "I Accept" button and filling out the registration information, you will be certifying 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. Notwithstanding, MagicSurfer.com reserves the right to refuse its services, or otherwise the participation in activity taking place over the MagicSurfer.com web site to anyone at any time and in its sole discretion. Verification: MagicSurfer.com's web site acts only as a venue to facilitate the transfer and exchange of information pertaining to domain names that are available for sale by their owners. Other than acting as a trusted third party and assisting in the facilitation of the commercial activity, we are not involved in the actual transaction between Buyer(s) and Seller(s). MagicSurfer.com has no control over the accuracy, quality or legality of the domains that are advertised for sale, the truth or the accuracy of the listings, the right and the ability of the listed Seller to sell the domain name or the ability of the Buyer to purchase the asset. We cannot and do not control whether or not Seller(s) will complete the sale of those domain names that they offer or that purchasers will complete the purchase of those domain names that they have undertaken to acquire. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretense or making deceitful representations. Because user authentication on the Internet is difficult, MagicSurfer.com cannot and does not confirm that each user who accesses its web site is who they claim to be.We encourage you to communicate directly with the party with whom you are transacting to help you evaluate with whom you are dealing and to otherwise conduct yourself and exercise reasonable, safe business practices as you would in any other commercial activity. Bidding and Buying: MagicSurfer.com relies on the integrity of the users of its services to honor their commitments. If you place a bid for a domain name, or otherwise make an offer to purchase a domain name, and your offer is accepted, you are obligated to complete the transaction. The offer cannot be retracted unless there are exceptional circumstances, such as, if the Seller materially changes the description of the domain, a material fact has been found to be inaccurate or when you cannot authenticate the identity of the Seller or the Seller's rights to sell the domain name. You cannot bid in such a way that is manipulative, such as bidding up the highest bid so as to make other bidders retract their offers and then rebid at a smaller increment, after retracting the higher bid, or place an offer that you know you do not have at your disposal sufficient resources to cover. Listing and Selling: As a Seller of a domain name, you represent that you have all the right, title and interest in and to the domain name registration that you are listing with MagicSurfer.com and that you will accurately describe the subject listing. You will not describe, or link to, other items, goods, or services that you are not listing with MagicSurfer.com or that you do not otherwise have the right to provide such links or descriptions thereto. You will not list or sell under any circumstance any domain name that you do not have sufficient right, title or interest to sell or that it is illegal to sell under applicable law, statute, ordinance or regulation; any domain name that infringes or violates the proprietary rights of any third person or any other domain name which in MagicSurfer.com's sole discretion, is inflammatory, offensive, inconsistent with MagicSurfer.com's general policies, or otherwise may infringe any proprietary right of any third party. If an offer to purchase the domain name is accepted, you must complete the transaction. As a Seller, you agree that users may comment on their experiences with you in the feedback section, as such may be established by MagicSurfer.com from time to time, and you release MagicSurfer.com and the users of its services, from any liability for any such comments. If you receive any offer to purchase your domain name at or above your stated minimum price, then you are obligated to complete the transaction, unless there is an exceptional circumstance, such as if the Buyer fails to meet the terms of your listing (such as payment methods) or you cannot authenticate the identity of the Buyer or otherwise that the Buyer has at his disposal the resources to meet the purchase obligations. You may not place any bids or offers to purchase the domain name that you have listed for sale, either under your own name, an alias, or any entity in which you maintain a controlling interest. Without limitation of any other remedy, MagicSurfer.com reserves the right to suspend, terminate and remove your listing at any time it may deem fit if it reasonably believes that you have engaged in any fraudulent activity in connection with your posting or otherwise with any activity conducted with the MagicSurfer.com's web site, if MagicSurfer.com is of the opinion that you have breached any of your representations or any of its general policies and guidelines, such as if it is of the opinion that you are infringing upon the proprietary rights of any other party, or at such other time as MagicSurfer.com may deem fit. Information and Privacy: MagicSurfer.com cannot and does not control information that other users make available through the MagicSurfer.com's web site. Even though prohibited by this Agreement and by MagicSurfer.com's general policies, people may nevertheless provide information that is false, harmful, or deceptive. You are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted with regard to and through the MagicSurfer.com web site and the services provided therein. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our services Breach and Termination: You agree that MagicSurfer.com may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the services provided by MagicSurfer.com under this Agreement and through the MagicSurfer.com's web site immediately and without any further notice, if MagicSurfer.com is of the opinion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other MagicSurfer.com policies; or if MagicSurfer.com is of the opinion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided MagicSurfer.com is found to be false or that we have been unable to authenticate or verify the veracity of such information. Warranty: You agree that use of MagicSurfer.com's services is at your sole risk and that the services are provided on an "as is" and an "as available" basis. MagicSurfer.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. MagicSurfer.com makes no warranty that the services will meet your requirements, that they will be uninterrupted, timely, secure, or error free. Nor does MagicSurfer.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 MagicSurfer.com web site. You understand and agree that any material and/or data downloaded from the MagicSurfer.com web site or any services obtained through the services provided by MagicSurfer.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 MagicSurfer.com or through the services provided by MagicSurfer.com shall create any warranty not expressly stated therein. Limitation of Liability: In the event that you have a dispute with any other user, including with another party to the transaction, facilitated through the MagicSurfer.com web site, you agree to release MagicSurfer.com, and its agents, officers, directors and employees from any and all claims, demands and damages (actual or consequential) of every kind and nature, disclosed or undisclosed, arising out of or in connection with any such dispute ("Claim or Demand"). You agree to indemnify and hold MagicSurfer.com (including, its officers, directors, employees, agents and representatives of Whale Head Productions & MagicSurfer.com) harmless from any such Claim or Demand, including, without limitation, any claim or demand that may arise from or in connection with, your failure to abide by the terms and conditions of this Agreement. If you are a California resident, you agree to waive California Civil Code Section 1542, which says in part that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor." IN NO EVENT SHALL URDOMAINNAME.COM OR WHALE HEAD PRODUCTIONS 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 URDOMAINNAME.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 URDOMAINNAME.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 URDOMAINNAME.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL URDOMAINNAME.COM'S 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 $100.