By utilizing the services provided on GamblingInvest.com, including the auctions, the marketplace and the domain parking, you acknowledge that you have read, understood and agreed to be bound by the terms of use listed herein including, but not limited to, the Seller Agreement, Buyer Agreement, Limitation of Liability and Disclaimer of Warranties.

We reserve the right to change any of the terms at any time without prior notice. We also reserve the right in our sole discretion to refuse participation to any applicant to use our services and to suspend, restrict and/or terminate current users without any liability to GamblingInvest.com’s parent company Domain Invest Ltd.

User Information
In order for you to use our services you agree to provide accurate, complete and reliable information about yourself and maintain it current. Failure to do so will be a sufficient basis for us to suspend or terminate your account with GamblingInvest.com without prior notice.

Seller Agreement

To sell a domain on GamblingInvest.com you need to submit it first for consideration. Once your domain has been accepted to be sold through the GamblingInvest.com’s marketplace or one of GamblingInvest.com’s online or live auctions you represent a Seller Agreement has been reached according to the following terms:

• You have registered the domain with the appropriate domain registrar or other registration authority;

• Your registration of the domain is current and not subject to cancellation or deactivation by the applicable domain registrar or other registration authority;

• You have not taken any action that would impair your ability or right to transfer the domain registration and no such action has been taken against you;

• You will not under any circumstances offer to sell a domain that you do not own or that infringes third party trademark rights or that is the subject of arbitration, litigation, arbitration or other legal proceeding, either pending or threatened, challenging your right to own or use the domain;

• If you offer to sell a domain that has been developed into a web site with content on it, you own and have the right to sell the content listed as part of your domain;

• You have the right to set a reserve price, which is the minimum price that you are willing to accept, net of fees and other costs, to sell the domain. Under no circumstances GamblingInvest.com will sell your domain below it. You can lower your reserve price at any time but you are forbidden to raise it under any condition;

• If your offer to sell the domain is accepted, you automatically enter into a legally binding contract to sell the domain to the buyer who accepted your asking price in the marketplace or whose bid resulted the winning one during an online or live auction. In the event that you fail to honor your obligation to transfer a domain that has been sold to its new owner, you agree to pay GamblingInvest.com’s parent company Domain Invest Ltd. the full fee we would have collected for the sale had it occurred at the reserve price.

Any breach by a seller of the Seller Agreement will result in the immediate termination of his account and the immediate cancellation of all his domain listings.

Important note to sellers: GamblingInvest.com has no control or influence over the number of people who may view a domain listed for sale on GamblingInvest.com’s marketplace or over the buyers who participate to any of GamblingInvest.com’s auctions. For these reason, you understand and agree that GamblingInvest.com cannot be held responsible for the failure of a sale of any domain.

Exclusivity
You agree to grant Domain Invest Ltd the exclusive right to sell a domain accepted into GamblingInvest.com’s marketplace or one of GamblingInvest.com’s online or live auctions.

For a domain listed in the marketplace the Exclusive Sale Period is set to last a minimum of sixty (60) days starting from the day the domain has been accepted.
For a domain included in a live or online auction the Exclusive Sale Period will last from the day the domain has been accepted until the end of the auction.

Restrictions during Exclusivity
During the Exclusive Sale Period, you agree not to offer for sale a domain listed on the GamblingInvest.com’s marketplace or included in any GamblingInvest.com’s online or live auction, on another domain marketplace and/or auction site or through a private broker nor appoint any person or organization to act as your sales representative. In the event that during the Exclusive Sale Period you sell a domain listed on the GamblingInvest.com’s marketplace or included in any GamblingInvest.com’s online or live auction, you agree to pay GamblingInvest.com’s parent company Domain Invest Ltd. the full fee we would have collected for for the sale had it occurred at the reserve price.

Rejected Domains
We reserve the right, in our sole discretion, at any time, without prior warning and without giving any reason, to reject any domain from using any of the services offered on GamblingInvest.com or to remove any domain that had already been accepted to be sold through GamblingInvest.com.

Buyer agreement

To buy a domains on the GamblingInvest.com’s marketplace and/or at one of GamblingInvest.com’s online and/or live auctions you represent a Buyer Agreement has been reached according to the following terms:

• You agree to perform a research on a domain of interest before submitting an offer to ensure that the domain does not infringe any trademark right and/or any ownership right. You also agree to not hold liable GamblingInvest.com, its parent company Domain Invest Ltd, its shareholders, directors, employees or any of its affiliates or partners, whether you failed to perform a research on the existence of conflicting rights for a domain you bought through GamblingInvest.com.

• You understand and agree that by making an offer to buy a domain on the GamblingInvest.com’s marketplace and/or at one of GamblingInvest.com’s online and/or live auctions you automatically enter into a legally binding contract to purchase the domain.

• If your offer on a domain listed on GamblingInvest.com’s marketplace is accepted or your bid on a domain at one of GamblingInvest.com’s online or live auctions results the highest one, you agree to pay for the domain within five (5) business days from the acceptance of the offer by the seller or from the end of the auction. GamblingInvest.com will e-mail the buyer detailed instructions for the transfer of the domain ownership within three (3) days from receiving confirmation that payment cleared.

• You agree to be solely responsible for renewing the domain registration with the appropriate domain registrar or other registration authority prior to the expiration date which can be verified through a WHOIS lookup.

Important note to buyers: Not all domain extensions are alike and certain top-level domains carry expensive registration fees or particular restrictions. You are responsible for conducting all research necessary to make yourself familiar with the registration fees, restrictions or any other rule about a domain of interest before submitting an offer.

Domain Marketplace

Once a domain has been accepted to be sold through the GamblingInvest.com’s marketplace, it can listed free of charge. You are also free to delete a domain from the marketplace unless the domain is subject to active negotiation or pending transfer.

Offers to sell or buy on the GamblingInvest.com’s marketplace are legally binding for three (3) days from the time the offer has been submitted. Seller acknowledges that he may not raise the initial asking price or a counter offer price he rendered until binding term is over, while a buyer consequently acknowledges that he cannot lower a counter offer price until binding term is over.
An offer from a buyer equal to the asking price of the seller as listed on the GamblingInvest.com’s marketplace page will result in an immediate sale.

Online and Live Domain Auctions

Once a domain has been included in one of GamblingInvest.com’s online or live auctions, seller agrees to accept the highest valid bid at or above the reserve price (if one had been established) made during the Auction Period.

During an online or live auction, the highest offer made on a particular domain will be showed on the GamblingInvest.com’s site. Verified buyers can participate to the auction online or live by placing higher offers.

GamblingInvest.com reserves the right, at its sole discretion and at any time, to cancel any auction. If an auction is cancelled, any contractual relationship between sellers and GamblingInvest.com’s parent company Domain Invest Ltd will cease.

GamblingInvest.com reserves the right to delete individual bids during an auction if we believe that such bids were fraudulent, fake or shill bids or were determined not to be bona fide bids. For shill bids we intend those bids made by the seller of the domain using a secondary account during an online auction or a third party at a live auction to manipulate the domain’s price.

A buyer who makes a reasonably obvious mistake in an online auction may ask GamblingInvest.com to delete his bid by contacting us within a reasonable amount of time.

In the event that GamblingInvest.com invalidates a current high bid, the previous high bid will take the place of the active high bid with all due obligations should such bid be the winning one at the end of the auction.

While GamblingInvest.com in no way guarantees that the web page through which bids can be placed during an online auction is permanently accessible, in the case of technical problems within our servers or other technologies we rely on, GamblingInvest.com may take actions reasonably necessary to remedy such issues as they occur, including, but not limited to, extending the length of time of the auction or cancelling the auction altogether.

Special Online Auctions Terms
An online auction will generally run for seven days. Upon approaching the end of the auction period, GamblingInvest.com will extend for five (5) minutes each time a valid bid is placed within the last five (5) minutes of the online auction period.

Special Live Auctions Terms
Live auctions may offer buyers the option to bid live from the event or online from home. When a live and an online bid are placed for the same amount, the live bid will prevail over the online bid.

Publication Rights
Sellers and Buyers agree that GamblingInvest.com has the right to publish the names of domains sold as well as their purchase prices on GamblingInvest.com or in other places for reference and promotional purposes. A seller and/or a buyer can object to the publication provided that the domain was sold through the GamblingInvest.com;s marketplace and that the objection is submitted to us before the completion of the domain transfer. GamblingInvest.com will always publish names and prices of domains sold through online and live auctions.

GamblingInvest.com Fees

GamblingInvest.com charges sellers a fee for sales completed on GamblingInvest.com’s marketplace, online and live auctions. The amount of the fee is specified on GamblingInvest.com fees page.
Domain Invest Ltd reserves the right, at any time, to change the fees and payment methods on GamblingInvest.com, including the addition of supplemental charges for services provided, with immediate effect upon the changes being posted on the site.

Important note to buyers: while GamblingInvest.com doesn’t charge any fee to buyers, this does not include costs charged by providers of live bidding technologies that for example allow buyers to participate to a live auction by placing their bids from home without travelling to the live event.

Currency used on GamblingInvest.com
The Euro will be the exclusive currency used for all transactions and payments on GamblingInvest.com.

Escrow and Domain Transfer

When a domain is sold through GamblingInvest.com’s marketplace or one of GamblingInvest.com’s online or live auction, we will contact the buyer via email to request the transfer of the amount due to an account with an escrow provider, which will act as a secure technical and financial intermediary holding the purchase price in escrow on behalf of the buyer while the seller transfers the ownership of the domain to him.

Once the amount due has been transferred to the escrow account, GamblingInvest.com will instruct both the seller and the buyer via email about the required steps to transfer the domain ownership. A successful transfer of ownership of a domain has taken place when the buyer’s registration data has been updated in the WHOIS database of the relevant domain registrar and the buyer has assumed technical control of the domain.

Upon conclusion of the domain transfer process, the escrow provider will release the buyer’s funds from escrow and forward the purchase price to the seller, less GamblingInvest.com’s applicable fees.

Sellers and buyers are obligated to cooperate with each other and to follow GamblingInvest.com’s instructions to ensure the prompt transfer of domain ownership. Both buyers and sellers agree that GamblingInvest.com is not responsible or liable in any way for an unsuccessful transfer when either the buyer and/or the seller are uncooperative with the instructions provided by us to complete the transaction.

Dispute Policy
In the event that a seller and a buyer become involved in a dispute at any time during the payment process and transfer of a domain, GamblingInvest.com may set a reasonable deadline for the parties to reach an agreement. In the event that said deadline passes without a resolution, GamblingInvest.com will be entitled to complete or terminate the transaction as it deems more appropriate. Whether GamblingInvest.com considers appropriate to complete the trasaction, the purchase price will be released to the seller and the domain to the buyer in accordance with the Seller and Buyer Agreements. GamblingInvest.com reserves the right, in its sole discretion, to close any disputes it deems invalid or resolved. Should GamblingInvest.com receive multiple complaints regarding transactions involving the same user, we may terminate the user’s account and cancel all his listings. To file a dispute, you must submit an email to support@gamblinginvest.com, including your name, contact information, the domain name and a detailed account of the dispute.

Confidentiality
GamblingInvest.com keeps all information and data about its user strictly confidential. Users of GamblingInvest.com acknowledge that by selling and/or buying domains on our site or by using any of our services they may acquire confidential and proprietary information about GamblingInvest.com’s business. ou agree to take reasonable precautions to safeguard the confidentiality of such information and to not disclose it to any third party without our permission.

Intellectual Property Rights
You agree that Domain Invest Ltd holds all rights, title and interest in the services offered on GamblingInvest.com and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to you and you also agree to make no claim of interest in the intellectual property rights of any of our offered services.

Unlawful and Prohibited Conduct
You agree to not use our services for any purpose that is unlawful or prohibited by these terms, including but not limited to violation of copyright laws, activities designed to impersonate the identity of a third party, activities designed to harm a third party or any other illegal activities.
You also agree to comply with all applicable local, national and international laws, rules and requirements.

If you engage in any of the activities described above or your usage of our services results in, or is the subject of, legal action or threatened legal action against GamblingInvest.com, its parent company Domain Invest Ltd, its shareholders, directors, employees or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, we reserve the right to suspend or terminate your use of our services with immediate effect and without any prior notice.

Indemnification

You agree to defend, indemnify and hold harmless GamblingInvest.com, its parent company Domain Invest Ltd, its shareholders, directors, employees and affiliates from any and all claims, demands, actions or proceedings and all liabilities, losses, damages, costs and expenses, including attorneys’ fees and court costs arising from your failure to perform any of your obligations to us in relation to the services we provide or from a breach by you of the terms of this Agreement.

You further agree to defend, indemnify and hold harmless GamblingInvest.com, its parent company Domain Invest Ltd, its shareholders, directors, employees and affiliates from any and all claims arising from your infringement of any trademark or other proprietary right relating to your domain name registration or arising from any other third party claim, action or demand related to your domain name or its use thereof.

This indemnification obligation shall survive the termination or expiration of this Agreement.

Limitation of Liability

You clearly understand and agree that in no event Domain Invest Ltd will be liable to you for any direct, indirect, incidental or consequential damage, including, but not limited to, damages for loss of profits, reputation, opportunity or data and/or for depletion of goodwill or any other intangible asset resulting from, but not limited to:

• The use or inability to use our services and/or web site;

• Delays in the transmission of data;

• Complete loss of data

• Errors, omissions or misstatements in any of the information and/or services provided under this Agreement;

• Failure of electrical and/or telecommunications systems due to events within or beyond our control.

You further acknowledge and agree that your domain is subject to transfer, suspension, cancellation or modification pursuant to the application to your domain registration of any relevant dispute policy, including, but not limited to, the ones from the UDRP and the WIPO, any other policy adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) or similar governmental or successor organization and policies adopted by domain registrars and ccTLD registration authorities.

Disclaimer of Warranties

All services, information and data provided to you under this agreement and on GamblingInvest.com’s web site are provided “AS IS” and “AS AVAILABLE” basis, without making any representation and/or warranties of any kind, whether express or implied, that the services, information and data on GamblingInvest.com will meet your requirements or that they will be uninterrupted, timely, secure or error free. We also make no warranty about the quality and availability of our customer support.
No advice or information obtained by you from any of GamblingInvest.com’s shareholders, directors or employees through any form of communications, whether oral or written, or through GamblingInvest.com’s web site shall create any warranty not expressly made with this Agreement.

Date last updated 18 August 2009