Effective Date: 01 April 2015
FOLLOWING ARE THE TERMS ON WHICH SEDO OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES.
This is the User Agreement (the "Agreement" or "User Agreement") for your use of web sites owned or operated by, and services offered by, Sedo GmbH ("Sedo"), a Cologne, Germany limited liability company. If you reside within the United States or Canada, the party you are contracting with is Sedo.com, LLC and you are subject to the . This Agreement contains the terms and conditions ("T&C") applicable to your use of our online and employee-assisted services ("Service" or "Services") as described and available under or through the domain, sub-domains, and affiliated domains of or (collectively, the "Site") and is in conjunction with any specific terms and conditions that apply to the particular Services.
WHETHER YOU ARE BROWSING OR USING THE SITE OR PURCHASING SERVICES, IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, along with the following policies and the applicable service agreements, which are hereby incorporated by reference:
This Agreement is effective upon the earlier of: (i) your first use of the Site or Services for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement. Sedo may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Eligible Users
Use of the Site and Services is restricted to persons who: (a) are at least 18 years old, and (b) reside, or have a business address outside the United States or Canada. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are not yet 18, do not have the capacity to enter into contracts, are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email Sedo atto make arrangements, although no such access can be guaranteed.
Users within the United States and Canada are required to use Sedo's affiliated web site located at . Accessing Sedo's Services, products, or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User, in regard to use of this Site from places where their contents are illegal, is prohibited. Those who choose to access our Site from other locations does so knowingly on their own initiative and voluntarily at their own risk and is responsible for compliance with local laws.
3. Modification of This Agreement
Sedo may, in its sole discretion, change or modify this Agreement at any time after a reasonable notification period, usually no less than two weeks, and, unless Sedo receives your written objection to the modified terms of the Agreement within the notification period, such changes shall be effective upon posting to the Site. You acknowledge and agree that (i) Sedo may notify you of such changes or modifications by posting them to the Site and (ii) your use of the Site or the Services found at the Site after the Effective Date date at the top of this page, shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Site or the Services found at the Site.
In the event that you refuse to accept such changes, Sedo will have the right to terminate the Agreement. The posting date and effective date for this Agreement are noted at the top of this document. Except as provided in this Section 3, this Agreement may not be amended or modified except in writing signed by you and Sedo. Sedo may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your User account (“Account”) information current. Sedo assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
4. Acceptable Use
4.1. User Accounts
At all times your use of the Site and Services must be in compliance with this Agreement and the acceptable use policies posted on the Sedo website under . If you violate the Acceptable Use terms described herein, Sedo may, in its sole discretion, with or without notice, terminate your access to the Site and Services.
You are allowed to create one (1) user account with Sedo. Your right to use the Site and Services is personal to you. Post office boxes or addresses of office service providers may not be used as an address for a User Account. It is likewise not permitted to provide value-added service numbers as telephone numbers for a User Account. Furthermore, Sedo reserves the right to forbid the use of freely available email addresses as the email address for a User Account.
As a condition of your use of the Site and Services, you warrant to Sedo that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including copying and/or providing screen shots, which are copyrighted material owned by Sedo); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.
In addition, you hereby represent and warrant that: (a) you are an eligible user (see Section 2, Eligible Users); (b) you have provided accurate and complete information in connection with your registration and use of the Site and Services (all such information collectively referred to as "Your Information"), and (c) you will update your Account to ensure that Your Information remains accurate and complete.
4.2. Use of the Site and Services
You acknowledge and agree that you may not use the Site or the Services to:
(a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) conduct or forward illegal contests, pyramid schemes, or chain letters;
(c) publish, post, distribute, disseminate or link to any:
(i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information;
(ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials;
(iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or program(s));
(d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that:
(i) you cannot legally sell,
(ii) are misrepresented, and/or
(iii) if sold, would cause Sedo to violate any law, statute or regulation;
(e) harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties;
(f) restrict or inhibit any other user from the use and enjoyment in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site;
(g) use a domain in connection with your use of the Site that is confusing or misleading to other Users or to the public;
(h) email or otherwise transmit, distribute, publish or disseminate any junk email, spam, chain letters, pyramid schemes, or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise);
(i) violate the rights of any third parties, including, but not limited to, trademark, copyright, naming or publicity rights, or
(j) violate any applicable government laws or regulations.
Sedo does not condone or allow spam. Sedo will cooperate with legal authorities and Internet service providers in releasing information about users who violate the terms of this Agreement or posted policies.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information.
4.3. Privacy and Confidentiality
Protecting your privacy and the personal information you provide us is a top priority at Sedo. For this reason, Sedo does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At Sedo, we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read the , which is hereby incorporated by reference, to learn more about the policies and procedures Sedo has put in place to achieve this goal.
You agree not to share any information provided to you by or on behalf of Sedo with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by Sedo via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site.
Sedo is not obligated to monitor user-generated content on the Site. However, with respect to the use of the Services or the Site, Sedo reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in Sedo's sole discretion, without notice at any time.
4.4. User Account Certification/Limited Use of Site and/or Services
In order to preserve a safe and secure Site and Services for our users, Sedo may elect to require you to perform a user account certification process that may include, but is not limited to, confirming your billing information, verifying the accuracy of your account details, requesting a copy of government-issued identification, requiring a security deposit for high value transactions, and other account certification methods as Sedo may develop in its sole discretion at any time. Failure to perform the requested user account certification methods will result in limited access to the Site and Services.
4.5. Violations of Acceptable Use
Upon suspicion of violation of the acceptable use terms of the Site or Services, Sedo may elect to suspend or terminate your Sedo user account and/or access and use of the Site or Services, or any portion thereof, at any time with or without advance notice.
You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by Sedo, and for any use or misuse of your account or the Services or the Site resulting from any third party accessing your Sedo user account or otherwise using a password or login name issued to you. You agree that you will notify Sedo immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.
5. Sedo Fees
Except as otherwise noted, creating a user account with Sedo is free. We do, however, charge fees for our online and offline services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services. You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses related to your ability to access or use the Site and Services or your activity conducted through the Site. Sedo reserves the right to deduct any amounts owed by User to Sedo from amounts owed by Sedo to User. Sedo may, in its sole discretion, add, delete or change any of the Services provided, fees charged by Sedo or payment terms. Sedo's standard fees and any changes will be posted to our , and the applicable Services and fees will be binding on the effective date noted on the Price List. No advance notice is required for any prospectively effective change in Services offered or fees charged therefore. Unless otherwise stated, all fees and currency amounts are quoted in Euros.
6. Liability Disclaimers and Indemnification
Sedo is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site or Services via hyperlink, whether such hyperlink is provided by Sedo or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the Sedo Site or Services. By providing access to other web sites, neither Sedo nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization.
YOU AGREE THAT USE OF SEDO'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. SEDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEDO MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE SEDO DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORISED TO ASSIGN/LICENSE SUCH DOMAINS. SEDO MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. SEDO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES SEDO 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 SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY SEDO IS 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 SEDO OR THROUGH THE SERVICES PROVIDED BY SEDO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or Sedo's products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
IN NO EVENT SHALL SEDO, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). SEDO'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD SEDO AND (AS APPLICABLE) SEDO'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
7. Intellectual Property
All content, database information, data and services available on, and collected as a whole through this Site, are property of Sedo, its affiliates, advertisers and licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally. All rights not expressly granted herein are fully reserved by Sedo, its affiliates, advertisers, and licensors. Sedo's licensors' or other third-party materials, services or products referenced on this Site are common law or registered trademarks or service marks of such parties.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify Sedo's designated agent in writing and provide the following information: your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work. Pursuant to European or US law, notifications of claimed copyright infringement should be sent to Sedo's Designated Agent. See Section 10 (How to Contact Sedo).
All contents of the Site are: Copyright 2015 Sedo GmbH and/or its suppliers. All rights reserved.
"Sedo" is a registered trademark of Sedo GmbH. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Sedo reserves any rights not expressly granted herein.
8. Term and Termination
Until and unless terminated by you or Sedo, your status as an eligible or registered User will continue indefinitely, including any Domains listed for sale on the Domain Marketplace associated with your User Account, and fees for Services will be charged as described herein (see Section 5, Fees). Sedo may terminate this Agreement and your access to the Site and related Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or Sedo's systems. Sedo is under no obligation to maintain any such data or information.
Sedo manages the Site from its offices in Cologne, Germany. This Agreement is governed by the laws of Cologne, Germany, without regard to its choice of law rules You hereby consent to the jurisdiction of, and venue in, courts located in Cologne, Germany, in all disputes arising out of or relating to the Site, or Services, including any action commenced by you against Sedo or its affiliates. Use of the Site or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this Section Nine. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sedo as a result of this Agreement or use of the Site or Services. Sedo's performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of Sedo's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sedo with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Sedo with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sedo with respect to the Site or Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of Sedo to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, Sedo may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.
10. How to Contact Sedo
Im Mediapark 6
Customer Service and Support (availability depending upon service selected):
Telephone: (+49) 221-34030-230
Facsimile: (+49) 221-34030-102
Infringement Claims (Designated Agent):
Mail: Sedo GmbH
Attn: Legal Department
Im Mediapark 6
Facsimile: (+49) 221-34030-102