Date of Last Revision: April 5, 2014
Mark (the "Site") is a connective platform for individuals, businesses, and organizations who want to buy, sell, and monetize great domain names.
Please read these terms and conditions of service ("Terms of Service") in detail. By accessing or using our website and services, you agree to be bound by the terms and conditions of these Terms of Service, and all terms incorporated in to these Terms of Service by reference.
Mark is excited for you to use the Site but understands if you do not do so because you do not agree to all of these Terms of Service.
These Terms of Service apply to your access to, and use of, the website and services of Venture Media Labs, Inc. ("Mark"), doing business as www.mark.com (the "Site").
You represent and warrant that you are authorized to accept these Terms of Service on behalf of yourself (and any other person or entity that uses your account), and that you and such entity agree to indemnify Mark for violations of these Terms of Service.
While we always like to be available for you, the Internet is inherently unreliable so your access to and use of the Site may be interrupted, slow, or even inaccessible at times. Mark also needs time to update the Site, and while Mark tries to do this during slow periods, Mark cannot always wait or schedule downtime that way.
These basic terms apply to your use of Mark. Mark will terminate your account if you violate any of these terms:
Mark reserves the right to change or modify any of the terms and conditions in these Terms of Service or any policy or guideline of the Site, at any time and in its sole discretion.
Any changes or modifications to these Terms of Service will be effective immediately upon posting on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Service and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the changed or modified terms, you must stop using the Site.
If you have any question regarding the use of the Site, please refer first to the Frequently Asked Questions portion of the Site. All other questions or comments about the Site or its contents can be entered on our Contact page.
In order for you to become a registered User "User" of Mark and enjoy the services at the Site, you must sign up by providing a valid email address, along with creating a password for your account.
In order to become a User, you must be 18 years of age and agree to these Terms of Service.
You may not engage in any fraudulent or illegal behavior while using the services or the Site.
Mark reserves the right to stop or suspend the services for a definite or indefinite period at any time. User hereby agrees that Mark shall have no liability by its users resulting from stopping or suspending the services for a definite or an infinite period. User hereby irrevocably accepts Mark's rights and limited liabilities and agrees to become a User under these terms.
Creating a user account on Mark is free of charge. Users may list domain names for sale or rent without charge, as many as they wish as long as they have controlling interest for the said domain names. The listing User is subject to a 5% commission fee, on all successful sales and rentals. The commission fees are deducted from payments owed to the listing User. Each Party is responsible for its own taxes and service fees which they may incur from their Bank or Financial Institution.
All fees for Mark Services or Goods provided are quoted in United States Dollars. All fees and prices are non-refundable unless otherwise expressly noted, even if the Services are suspended, terminated or transferred prior to the end of the Services term. Mark expressly reserves the right to change or modify its fees or commissions at any time and such changes or modifications shall be effective immediately without need for further notice.
Listing Users are responsible for all fees related to registration and use of the domain.
If Mark, for any reason, is unable to receive payment from the User's method of payment for the full amount owed for the Services or Goods provided, or if Mark is charged a penalty for any fee it previously charged to the User, the User agrees that Mark may pursue all available lawful remedies in order to obtain payment. If the User pays by credit card and if for any reason Mark is unable to charge the User's credit card with the full amount owed for the Services provided, or if Mark is charged back for any fees it previously charged to the User's credit card, the User agrees that Mark may pursue all available lawful remedies in order to obtain payment. The User agrees that the remedies Mark may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to the User.
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, all Mark names and logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the exclusive property of Mark or its licensors and are protected by Canadian, U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site for your informational and personal use only in accordance with these Terms of Service. Such license is subject to these Terms of Service and does not include any right or license to: (a) rent, lease, license, resell or use for any commercial purpose the Site or any of the Site Materials; (b) collect or use any product or service listings, pictures or descriptions; (c) distribute, publicly performance or publicly display any Site Materials; (d) modify or otherwise make any derivative uses of the Site or the Site Materials, or any portion thereof; (e) use any data mining, scraping, crawlers, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) use the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Mark, is strictly prohibited and will terminate the license granted herein and your right to use the Site or receive any payment from Mark, including any amounts accrued to you prior to termination.
Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.
Except for the limited license granted in this Section, nothing in these Terms of Service or elsewhere on the Site shall be construed as conferring any license to any Site Materials, or any intellectual property rights therein, whether by estoppel, implication or otherwise. This license is revocable at any time by Mark.
If you believe that any Site Materials or other content on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and lawyers' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Mark may provide third party content on the Site and may provide links to Web pages and content of third parties including but not limited to merchants and suppliers (collectively the "Third Party Content"). Mark does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation, any representation or warranty regarding the accuracy or completeness of any Third Party Content. You acknowledge and agree that Mark is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MARK, ITS INDEPENDENT CONTRACTORS, SUPPLIERS, MERCHANTS, SERVICE PROVIDERS AND CONSULTANTS, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE LAWYERS' FEES) ARISING OUT OF OR RELATED TO ANY USER CONTENT YOU POST, STORE OR OTHERWISE TRANSMIT ON OR THROUGH THE SITE OR YOUR USE OF THE INTERACTIVE AREAS, INCLUDING WITHOUT LIMITATION ANY ACTUAL OR THREATENED SUIT, DEMAND OR CLAIM MADE AGAINST MARK AND/OR ITS INDEPENDENT CONTRACTORS, SUPPLIERS, MERCHANTS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS OR CONSULTANTS, ARISING OUT OF OR RELATING TO THE USER CONTENT, YOUR CONDUCT, USE OR NON-USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MARK.COM, THE SITE, THE SITE MATERIALS AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE OR OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. MARK.COM DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, PRODUCTS AND SERVICES THEREIN. MARK.COM DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY OTHER INFORMATION, PRODUCTS SERVICES OR OTHER CONTENT MADE AVAILABLE OR OFFERED ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHER, MARK.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MARK.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN NO EVENT WILL MARK.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES, ANY CONTENT OR MATERIALS CONTAINED IN, PURCHASED THROUGH OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MARK.COM OR ITS SUPPLIERS OR MERCHANTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MARK.COM'S OR ANY USER OR USER'S RECORDS, PROGRAMS OR SERVICES.
NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN THE EVENT THAT MARK.COM BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARK.COM FOR ANY AND ALL CLAIMS, DAMAGES, AMOUNTS OR FEES OF ANY KIND, HOWSOEVER ARISING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, SHALL BE, IN EVERY EVENT, LIMITED TO THE FEES ACTUALLY RECEIEVED BY MARK UNDER THE APPLICABLE AGREEMENT OR PURCHASE UNDER WHICH THE CLAIM AROSE.
YOU AGREE THAT MARK.COM WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OF SELLERS, SUPPLIERS ON THE SITE INCLUDING OTHER MARK USERS.
MARK.COM DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLERS, SUPPLIERS ON THE SITE INCLUDING OTHER MARK USERS.
WITHOUT LIMITING THE GENERALITY OF ANY LIMITATION OF ANY LIABILITY OR LIMITATION OF WARRANTY IN THESE TERMS OF SERVICE, MARK WILL NOT BE LIABLE FOR ANY INTELLECTUAL PROPERTY, PRODUCT OR SERVICE PROVIDED BY ANY SELLER, SUPPLIER, OR OTHER MARK USERS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR DEFECT. ALL SUCH CLAIMS ARE TO BE MADE DIRECTLY WITH THE SELLER, SUPPLIER, MANUFACTURER OR SERVICE PROVIDER.
You agree that you will not bring a claim under these Terms of Service more than eighteen months (18) from when your claim arises.
All disputes arising out of or in connection with these Terms of Service will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the Canadian Arbitration Association. The case will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English.
These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the Province of British Columbia and of Canada applicable therein, applicable to agreements made and to be entirely performed within the Province of British Columbia, without regard to its conflict of law provisions.
Subject to mandatory arbitration, you agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the provincial and federal courts located in Vancouver, British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service or your use of the Site.
Notwithstanding any of these Terms of Service, you agree that Mark shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Notwithstanding any of these Terms of Service, Mark reserves the right, without notice and in its sole discretion and without any cost, charge or liability to Mark, to terminate any of its programs, to terminate your use of the Site, and to block or prevent your future access to and use of the Site.
Mark will not be responsible for failing to notify you of any of its actions where such failure is caused by an inaccurate email address, your failure to check email online, your failure to inform Mark of a change in your email address, or if you fail to receive the notifying email for any reason.
You may close your account at any time by filling out the contact form with your request or you can do so yourself by entering your account information and clicking on Settings and clicking on 'Delete My Profile', but these Terms of Service will apply to your past (or any future) use of the Site after closing your account.
These Terms of Service represent the entire understanding and agreement between you and Mark regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.
You agree that if Mark does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Mark has the benefit of under any applicable law), this will not be taken to be a formal waiver of Mark's rights and that those rights or remedies will still be available to Mark.
All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments about the Site may be directed to Mark on our Contact page.