Terms and Conditions

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Terms and Conditions

1.1 Acceptance

Welcome to the PerformingPoetry.com web site. Please read the following terms and conditions with care. By visiting this site you are accepting these terms and conditions. PerformingPoetry.com retains the right to modify or amend these terms and conditions at any time, without notice. We may amend these terms and conditions by posting the amended terms on the Site. Unless otherwise stated, all amendments shall be effective immediately upon posting on the Site. You are responsible for regularly viewing the terms and conditions. Continued use of the web site after any such changes constitutes your consent to such changes. If at any time you choose not to accept these terms and conditions, you may not use this site.

In these terms and conditions you are sometimes referred to as "you", "the buyer", "the user" and we are referred to as "PerformingPoetry.com, and affiliated companies.

2.1 Users.

Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through this web site. You certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to fully honour those obligations that you undertake. In addition, you agree that, if you are using the services on behalf of or for someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein. And should it occur, you accept full liability for any harm caused by your wrongful use of the services. PerformingPoetry.com reserves the right to refuse, limit or restrict its services to anyone, for any reason, at any time and at its sole discretion.

3.1 Use of the Service and Site

you, or anyone using this service, agree to not use the Services to:

send or receive any content that is unlawful, offensive, malicious,abusive, harmful, threatening, tortious, defamatory, obscene, libellous, or otherwise objectionable;
or to be in breach of confidence, copyright, privacy or any other rights;
pretend to be any person or entity other than your true identity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
non-conform with any acceptable use policies of any connected networks and general internet standards and protocols.

4.1 Content

The content available through the Site is the sole property of PerformingPoetry.com or its affiliated third parties, and is protected by copyright, trademark and other intellectual property laws. Content owned by PerformingPoetry.com affiliated third parties may be subject to additional provisions and restrictions. PerformingPoetry.com prior written consent.

5.1 Buyers/User Responsibilities-regarding domain name purchases

Nothing in this Agreement or appearing on the PerformingPoetry.com site shall be construed to imply that the seller possesses any rights to a domain name beyond those specified in the seller’s service agreement with the relevant domain name registrar or service provider.

The user understands that the purchase of a domain name does not guarantee that the domain name may be freely used by the purchaser. Among other things, trademark law, the rights of publicity and privacy, and other legal considerations may limit or even prohibit certain uses of the domain name. Buyers are advised to consult legal counsel prior to purchasing a domain name in order to determine whether it may be used for the buyer's intended purpose under applicable law.

Prior to the purchase and transfer of the domain name from seller to the buyer, it is the buyers sole responsibility to read, understand and agree to the following:

5.2 Domain name Transfer and Registration

PerformingPoetry.com in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority.

PerformingPoetry.com gives no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.

5.3. Transfer Process and Restrictions

PerformingPoetry.com

email: contracts@PerformingPoetry.com

fax: (61-2) 9959-5574

Mail : P.O. Box 179, Crows Nest, NSW 2065, Australia

A confirmation of receipt will be delivered to the buyer by PerformingPoetry.com.

Should the contract be received after 7 days have elapsed, PerformingPoetry.com reserves the right to sell the domain name to another buyer.

Once it is signed and notarised, the Domain Name Transfer Contract will become a legally binding document subject to the following:

5.4 Denial of Transfer

The request to transfer a domain name registration from one Registrar to another may be denied:
(1) during the first 60 days after initial registration of the domain name with the original Registrar,
(2) in accordance with circumstances described in the Domain Name Dispute Policy,
(3) if there is a pending bankruptcy of the domain name holder,
(4) if there is a dispute over the identity of the domain name holder,
(5) by operation of law; or
(6) at the discretion of the then current Registrar.

A domain name transfer shall only take place when the owner confirms the intentions of the transferor by sending, where applicable, a reply email. If, for any reason, the owner fails to confirm any information contained in the email, the domain name transfer shall not occur.

Although all care is taken, PerformingPoetry.com is not liable for domains that become deactivated or lost during the transfer and/or renewal process.

5.5 Payments and charges

All payments must be in US Dollars, unless otherwise agreed by PerformingPoetry.com and the buyer.

If Payments are made in Australian Dollars by Australian Residents a 10% GST charge will apply, and the appropriate Tax Invoice will be issued.

Payments made via escrow.com are payable immediately upon signing the Domain Name Transfer Contact. Payments are made in advance of the transfer of the name, and once verified by escrow.com, or in the case of a local sale, PerformingPoetry.com, the seller will implement the transfer of ownership of the Domain name to the buyer. Once the transferral of ownership is completed and independently verified, the buyers funds will be released to the seller. All domain name sales will be deemed complete and final once transfer of the name from the seller to the buyer and receipt of full payment from escrow.com or from the buyer directly to the seller have been satisfactorily completed.

5.6 Registration Information You agree that PerformingPoetry.com. Please refer also to our Privacy Statement the content of which is hereby included in this statement of terms and conditions.

5.7 Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

(1) ICANNs Uniform Dispute Resolution Policy , (.COM,.NET.ORG.INFO.BIZ)

(2) (Nominet's terms and conditions, and Nominet's Dispute Resolution Policy (.CO.UK)

(3) NuNames terms and conditions (.NU)

(4) Afilias terms and conditions (.INFO)

(5) AuDa terms and conditions (.COM.AU)

(6) Neulevel terms and conditions (.BIZ)

(7) escrow.com (escrow services)

6.1 Warranties and Limitation of Liability

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY

YOU REPRESENT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF OUR SERVICES IS ACCURATE AND CURRENT. THE MATERIALS AND INFORMATION YOU FIND ON THE PerformingPoetry.com WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE PerformingPoetry.com WEB SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ACKNOWLEDGE AND AGREE THAT PerformingPoetry.com AND/OR ITS PARENT AND AFFILIATES WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR IN ANY MANNER, HOWEVER CAUSED, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS WHETHER THE ACTION IS IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS CONDUCT. IN PARTICULAR, ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED TO COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES BY COMPUTER VIRUSES, "WORMS", "TROJAN HORSES" OR OTHER ITEMS OR FORCES OF AN INTRUSIVE, DISRUPTIVE OR DESTRUCTIVE NATURE IS DISCLAIMED. THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OTHER TORTIOUS BEHAVIOUR, OR ANY OTHER CAUSE OF ACTION. REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PerformingPoetry.com . HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PerformingPoetry.com AND/OR ITS PARENT AND AFFILIATES MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS (AD$100.00). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ADDITION THE PRODUCTS AND SERVICES CONTAINED, DESCRIBED OR FEATURED ON THIS WEBSITE ARE ONLY DEEMED TO BE OFFERED FOR SALE IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.

6.2 Indemnification. You agree to defend, indemnify and hold PerformingPoetry.com or its Parent arising from or otherwise related to your actions, including without limitation, for breach of any representation or warranty contained herein, or infringement of any trademark, copyright, or other claim of any kind based upon the purchase, sale, license, transfer or use of a Registration in accordance with this Agreement, or any other provision of this Agreement or under the escrow.com Agreement or terms and conditions.

If you are a California resident, you agree to waive California Civil Code Section 1542, which states in part that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him might have materially affected his settlement with the debtor.” PerformingPoetry.com does not, and you agree that you will not ask it to, enforce the terms of any agreement to which it is not a party.

7.1 No Agency. PerformingPoetry.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these agreed terms and conditions.

8.1 Jurisdiction Your rights and obligations and all actions contemplated by these terms and conditions shall be governed by the laws of the Commonwealth of Australia and the State of New South Wales as if the terms and conditions was a contract wholly entered into and wholly performed within the State of New South Wales.

If there is a determination that any provision of these terms and conditions is invalid or unenforceable, that determination will not affect the rest of the terms and conditions and the terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

9.1 Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between PerformingPoetry.com and you in relation to such matters. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement.