Terms and Conditions
Last updated: 17/1/2025
1. Introduction
Welcome to Moniker Mint, a website that advertises domain names for sale ("Website"). These Terms and Conditions govern your use of the Website and any services offered through the Website. By accessing or using the Website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Website.
1.1 Use of Email and Contact Form
Transmitting communications to email addresses listed on the Website shall be construed as using the Website and the communications and their contents shall be governed by this agreement.
2. Domain Name Listings
The Website provides a platform for users to list and advertise domain names for sale. The Website does not own the domain names listed on the Website and is not responsible for their content or usage at any point before, during or after the transaction.
2.1 Legitimate Business Inquiries
All communications and submissions to the Website and the associated email addresses (broker@monikermint.com) must constitute genuine business inquiries specifically related to purchasing listed domain names. The following types of communications are expressly prohibited and constitute a breach of these Terms and Conditions:
- Marketing or promotional materials unrelated to domain purchase
- Solicitations for other business opportunities
- Spam or irrelevant messages
- Non-purchase related inquiries
- Purchase inquiries with no associated monetary amount
Any party who breaches this provision may be held liable for damages resulting from such breach, including but not limited to administrative costs, legal fees, and other associated expenses and time incurred.
2.2 Non-Binding Communications
Any inquiries, offers, or other communications submitted through the Website's contact form or other communication channels are non-binding on all parties involved, including the Seller, Buyer, and Website. Such communications are considered expressions of interest only and do not constitute a legally binding offer, acceptance, or agreement to purchase or sell any domain name unless otherwise agreed upon in writing by all parties. No party shall have any obligation to proceed with a transaction based on such communications.
2.3 Transaction Services
The Website may, at the Seller's discretion, act as an escrow agent, facilitate domain transfers, and/or process payments between Buyers and Sellers. The availability and use of these services is determined solely by the Seller of each domain name. The Website makes no guarantee that these services will be available for any particular transaction. When such services are used, additional terms and fees may apply. The Website reserves the right to modify, suspend, or discontinue any of these services at any time.
3. User Responsibilities
"Buyer" includes potential buyers. "Seller" includes the owner of any domain listed on the Website.
3.1 Seller Responsibilities
By listing any domain name on the Website, you warrant and represent that:
- The domain name was acquired for bona fide commercial use
- The domain name was registered in "good faith"
- The domain name was not registered primarily for the purpose of selling, renting, or transferring it to a trademark owner or competitor
- The domain name was not registered primarily to prevent the owner of a trademark from reflecting the mark in a corresponding domain name
- The domain name was not registered primarily to disrupt a competitor's business
- The domain name is not being used to intentionally attract Internet users for commercial gain by creating confusion with someone else's trademark
- Are the current owner or have the right to sell the domain name on behalf of the current owner
You acknowledge that any breach of these warranties may result in immediate removal of listings and termination of your account.
3.2 Buyer Responsibilities
Buyers are prohibited from circumventing the Website's communication systems by attempting to contact domain Sellers through other means, including but not limited to direct email, phone, social media, contact details from whois records, or any other communication channels not explicitly provided by the Website; any such attempt to bypass the Website's designated contact methods constitutes a breach of these Terms and Conditions. If you purchase a domain name listed on the Website, you are responsible for providing payment and ensuring that the domain name meets your needs. No refunds or adjustments are possible once ownership of a domain has been transferred.
3.3 Prohibited Activities
You may not use the Website or any of the domains listed or purchased through the Website to engage in any illegal or unauthorized activities, including but not limited to:
- Engaging in fraudulent or deceptive practices, including misrepresenting your identity or intentions
- Asserting rights or obligations unsupported by evidence or existing statutes, agreements or procedures
- Transmitting non-genuine business inquiries as outlined in section 2
- Violating any applicable laws or regulations
4. Disclaimer of Warranties
The Website and any domain names listed on the Website are provided "as is" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Website does not warrant that the Website or any domain names listed on the Website will be error-free or uninterrupted.
5. Limitation of Liability
In no event shall the Website be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising out of or relating to your use of the Website or any domain names listed on the Website. The Website shall also not be held liable for any claims or damages related to any content available through any listed domain names at any point, whether before, during or after the domain being listed on the Website, nor shall the Website be held liable for any claims arising from alleged infringement of intellectual property, including but not limited to copyrights, trademarks and patents.
6. Indemnification
You agree to indemnify and hold the Website harmless from any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to your use of the Website or any domain names listed on the Website.
7. Intellectual Property
The Website and its content are protected by intellectual property laws. You may not use the Website or its content for any commercial purpose without the express written consent of the Website.
The domain names listed for sale on this platform are being offered independently and are not affiliated with, endorsed by, or connected to any existing businesses, companies, products, or services. Any similarity between these domain names and existing business names, trademarks, or brand names is purely coincidental and not intended to mislead, deceive, or impersonate any entity.
Potential Buyers acknowledge that:
- Purchase of any listed domain name does not confer any rights to existing trademarks or intellectual property
- The Seller and Website make no claims or representations regarding any association with existing businesses or brands
- It is the Buyer's responsibility to ensure their intended use of any purchased domain name complies with all applicable trademark and intellectual property laws
TO THE MAXIMUM EXTENT PERMITTED BY LAW, neither the domain sale broker/platform provider nor the domain Seller shall be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:
- Any claims arising from similarities between listed domain names and existing trademarks, trade names, or brands
- Legal costs or damages resulting from trademark disputes or intellectual property claims
- Business losses or reputational damage related to domain name similarities
- Any costs associated with defending against claims of trademark infringement or brand confusion
The Broker and Seller make no warranties or representations, express or implied, regarding the legal status, availability, or usability of any domain names listed for sale. By using the Website, Buyers explicitly waive any right to hold the Broker or Seller liable for any issues arising from domain name similarities or trademark concerns.
The Seller expressly disclaims any intention to profit from, trade upon, or exploit the goodwill of any existing business names, trademarks, or brands. All domain names are offered "as is" and "with all faults" for legitimate use in compliance with applicable laws and regulations. The Buyer assumes all risks associated with the purchase and use of any domain name.
8. Modifications to Terms and Conditions
The Website may modify these Terms and Conditions at any time. Any modifications to these Terms and Conditions will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of any modifications constitutes your acceptance of such modifications.
9. Governing Law
9.1 Dispute Resolution
Disputes regarding domain name ownership are governed by the Uniform Domain-Name Dispute-Resolution Policy (UDRP) established by ICANN. If you believe you have rights and legitimate interests in a domain name, you may submit your claim to broker@monikermint.com with the subject line "DISPUTE: (domain name)". If you have a reasonable and good faith basis for your claim, the Website shall confer with the Seller to assess whether a breach of the terms in section 3.1 has occurred.
9.2 Jurisdiction and Venue
Notwithstanding the UDRP and provisions in 9.1, and in recognition of the geographical diversity of the parties involved, these Terms and Conditions shall be governed by and construed in accordance with the laws and procedures of the jurisdiction and venue deemed most appropriate by the Website and Seller.
10. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and the Website with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, with the exception of:
10.1 Separate Agreements for Sellers
Sellers may have supplemental agreements with the Website governing their use of our services and listing of domains, which may limit their rights and obligations with respect to transactions and communications.
10.2 Separate Agreements for Buyers
Any sale of a domain name is governed by a separate written agreement between the Seller and Buyer. These Terms and Conditions do not govern the actual sale transaction between vpdcalcs and Buyers. The Website is not a party to any domain sale agreement and makes no representations or warranties regarding such agreements.
10.3 Non-Contravention
No separate agreement between the Buyer, Seller or Website shall be made in contavention of the terms herein.
12. Severability
If any provision of these Terms and Conditions is found to be invalid, void, or unenforceable by any court or arbiter having jurisdiction, that provision shall be deemed severable from the remainder of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.
13. Force Majeure
The Website shall not be liable for any failure or delay in performance of its obligations under these Terms and Conditions arising from circumstances beyond its reasonable control, including but not limited to: acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, epidemics, pandemics, quarantines, strikes or other labor disputes, restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, power outage, or system failures. In such circumstances, the Website shall be entitled to a reasonable extension of time for performing such obligations.
14. Contact Us
If you have any questions about these Terms and Conditions, please contact us at broker@monikermint.com.