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Terms and Conditions 1.1 Acceptance Welcome to the The Voice Business web site. Please read the following terms and conditions with care. By visiting this site you are accepting these terms and conditions. The Voice Business 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 client", "the customer","the buyer", "the user" and we are referred to as "The Voice Business ", "The Voice Business", "the seller", "we", "us". These terms and conditions apply to your use of all of the sites and services owned or operated by The Voice Business, 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. The Voice Business 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:
4.1 Content The content available through the Site is the sole property of The Voice Business or its affiliated third parties, and is protected by copyright, trademark and other intellectual property laws. Content owned by The Voice Business affiliated third parties may be subject to additional provisions and restrictions. The Voice Business grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for lawful, non-commercial, personal use only, one copy of only the The Voice Business intellectual property, provided that you maintain all copyright and other notices contained in such intellectual property. You agree not to reproduce, distribute, disseminate, perform, retransmit, sell, publish, broadcast or circulate the content received through the Site to anyone without The Voice Business prior written consent.
5.1 Buyers/User Responsibilities -regarding domain name purchasesNothing in this Agreement or appearing on the The Voice Business 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 The Voice Business
shall have no liability in respect of the use by you of any domain name. Any
dispute between you and any other person must be resolved between the parties
concerned in such dispute. If any such dispute arises, prior to the completed
transfer of the domain name from seller to buyer, we shall be entitled at our
discretion and without giving any reason, to withhold, suspend or cancel the
domain name. We shall also be entitled to make representations to the relevant
naming authority but will not be obliged to take part in any such dispute. 5.3. Transfer Process and Restrictions The Voice Business will deliver a Domain Name Transfer Contract (DNTC) to the buyer for review via email or facsimile to the address provided by the buyer. A confirmation of receipt will be requested of the buyer by The Voice Business. The buyer has one week (7 days) to review, complete, sign, notarise and deliver the contact to The Voice Business at the address given below. The Voice Business
email: contracts@ 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 The Voice Business.
Should the contract be received after 7 days have elapsed, The
Voice Business 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: 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, The Voice Business 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 The Voice Business 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, The Voice Business, 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 The Voice Business may make domain
name registration information provided by you and/or your agent available to
the registry administrators, to ICANN, and to other third parties as applicable,
including the public display of information in whois services. You
consent to any and all such disclosures and use of information provided by you
in connection with the registration of a domain name. You irrevocably waive any
and all claims and causes of action you may have arising from such disclosure or
use of your domain name registration information by The Voice Business.
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) Wild West Domains terms and conditions (.COM,.NET.ORG.INFO.BIZ,.US) (8) Showbizdomains (reseller)terms and conditions(.COM,.NET.ORG.INFO.BIZ,.US) (9) 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 The Voice Business 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 The Voice Business 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 The Voice Business 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 The Voice Business . HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL The Voice Business 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 The Voice Business and/or its Parent and associated third parties or affiliates harmless from and against any and all liabilities, losses, damages, costs and expenses including reasonable attorneys fees and court costs associated with third party claim, action, or demand brought against The Voice Business 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.” The Voice Business 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. The Voice Business 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 The Voice Business and you relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral, between The Voice Business 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.
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