Terms of service
Welcome to RRdomains.com (the “Platform”), which is provided by RRteam (collectively such entities will be referred to as “RRdomains.com”, “we” or “us”). These terms of service (this “Agreement”) are entered into between you and RRdomains.com, and this Agreement governs your access to and use of www.RRdomains.com (the “Website”) as well as any and all content, functionality, and services offered on or through the Website (collectively, the “Service”). We may amend this Agreement at any time by posting the amended terms on our Website. By accessing, registering for, or using the Service, you represent, warrant, and covenant:
- You are at least 18 years of age;
- You agree to be bound by this Agreement, and all RRdomains.com policies and guidelines referenced in this Agreement or incorporated into this Agreement by reference;
- You have the legal power and authority to enter this Agreement on behalf of yourself or the person or entity you represent; and
- You will not abuse or misuse the Service or misrepresent your identity to us.
This Agreement is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act). THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY, AS ACCESSING, REGISTERING TO USE, OR USING THE SERVICE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT ACCESS OR USE THE SERVICES ANY FURTHER.
- Definitions
“We”, “us”, “our” refers to RRdomains.com.
“Content” collectively means all text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service. We may refer to Content provided by our Members as “Member Content.”
“Member” means a Creative or Buyer and is someone who has joined our Website to use our Service.
“Buyer” means a Member of our Website who hosts a Contest for one or more Creatives or purchases a domain from RRdomains.com Marketplace.
“Creative” means a member who elects to participate in a Contest to submit an Entry in response to a Contest or a member who lists any services for sale in RRdomains.com Marketplace.
“Seller” means a Member of our Website who offers domain names for sale via our Marketplace.
“Contest” means an online event held by a Buyer through our Website to invite one or more Creatives to submit Entries for the provision of a Project to the Buyer. A “Guaranteed Contest” means a Contest held by a Buyer whereby the Buyer guarantees that it will choose a Winner for their Contest.
“Contest Guidelines” are rules, as promulgated solely by RRdomains.com in its sole discretion and found on our Website, that Buyers hereby agree to follow when creating a Contest.
“Entry” means a proposed name, article, advice, video, or marketing traffic submitted by a Creative as part of a Contest.
“Domain” means a Domain name or website URL that is offered for sale on the RRdomains.com platform.
“Buyer Payment” means the fee that a Buyer must provide for the Contest.
“Contest Prize” means the Buyer Payment, less the fees due to RRdomains.com for providing a Contest, will go to the Winner(s) of that Contest.
“Winner” means the Creative(s) and respective Entry(ies) as selected by a Buyer for a given Contest. For the avoidance of doubt, a Buyer may not have to pick a Winner, depending on the type of Contest, but may also pick more than one Winner.
“Dollar Credits” means credits for the purchase of goods or services from RRdomains.com, which may be redeemed for United States Dollars (or other currencies at RRdomains.com’s sole election).
“RRdomains.com Credits” means Dollar Credits issued to winning Creatives.
“Bonus Credits” means non-monetary credits with RRdomains.com that may be exchanged for certain goods and services offered by RRdomains.com, but which cannot be redeemed for cash.
“Domain Name” means an Internet domain name as created by a Creative as an Entry in a Contest.
“Member Services” means a fixed price offering of given services by a Member who elects to provide such services to other Members of our Website for that fixed price.
“Naming, Marketing or Design Project” means the act of identifying a business or website name, marketing initiative, or logo design for which a Buyer engages a Creative to submit an Entry.
“Intellectual Property Rights” means all intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, trademark rights, submissions, and plant breeder rights, whether or not such rights are registered or able to be registered.
“Automatic IP Transfer” means the automatic transfer of Intellectual Property Rights in an Entry from Creative to Buyer after selection of a Winner for a Contest and payment of any fee.
“Stock Images” means images, logos, or other artistic works which may be purchased from a third-party website or directly from a third party.
“Taxes” means any applicable duties, sales taxes, GST, VAT, or other taxes which may be levied in respect of any transaction contemplated by this Agreement.
“Third Party Works” means any image, logo, artistic work, literary work, or other item or thing (including a Stock Image) in which the Intellectual Property Rights are owned by another party other than the Member.
“Abandoned Contest” means any Contest where a Buyer has not selected a winner within 30 days of contest end date, and the contest does not qualify for a Refund.
“User Account” means your online account with RRdomains.com.
- Legal relationships and obligation of parties
2.1 RRdomains.com Provides a Venue
The Service is an online venue where:
a) Buyers post projects for creative services, Members submit actual works in response to the Buyer's requirements, and Buyers choose the entry(ies) they like. In providing the Service, we do not source (except for us, where this is expressly stated in the project) or deliver projects or entries.
b) Buyers purchase Domain names listed for sale by a Seller.
2.2 Contracts Between Buyers and Creatives
By registering as a member, you acknowledge and agree that you contract directly with other members to buy or sell services or domain names. Creatives are not required to participate in the project posted by the Buyer.
a) By submitting entries to a project, Creatives agree that if their entry is selected, they will be entering into a binding agreement with that Buyer, pursuant to the terms of an Intellectual Property Transfer Agreement, which can be found here: [http://www.RRdomains.com/IPTransferAgreement]
b) When a Buyer selects a winning Creative, the Buyer agrees to purchase, and the Creative agrees to deliver, the Creative's services in accordance with the terms of the Intellectual Property Transfer Agreement and this Agreement. The Buyer agrees to select the winning design or written entry within seven (7) days after the project ends. The Buyer further agrees that it would be unfair if no creative received the award(s) offered by the Buyer due to the Buyer abandoning the project. Therefore, if the Buyer does not select the winning design or written entry, the Buyer agrees that RRdomains.com, after thirty (30) or more days have passed following the project end date, may pay the award on behalf of the Buyer to one or more Creatives who submitted entries to the Project. Buyers who request a refund of charges that are refundable under RRdomains.com's Refund Policy must request such a refund within 7 days after their project end date.
c) As a Seller of a Domain listed on the Domain Marketplace, you represent and warrant that: (i) you have registered, or have the exclusive right to register, the Domain with an appropriate Domain registrar or other registration authority; (ii) your registration rights to the Domain are current and not subject to deletion, cancellation, rescission, or deactivation by any applicable Domain registrar or other registration authority; (iii) you have not taken any action that would impair your ability or right to transfer the Domain registration right and no such action has been taken against you; (iv) the Domain has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming, or publicity rights; (v) the Domain is not the subject of any legal disputes or proceedings challenging your right to register or use the Domain; (vi) you will accurately describe the subject listing; (vii) you own and have the right to sell the content, if applicable, that you have included in your listing as part of your Domain; (viii) if your offer to sell and transfer the Domain is accepted, you will complete the transaction with a ready, willing, and able Buyer. You will not, under any circumstances, list or transfer the rights to any Domain that you do not have sufficient rights to transfer, or that is illegal to transfer under applicable law; and (ix) Upon receipt of payment for the Domain, you shall assign to the Customer, all Intellectual Property Rights which you currently have or may in the future have in the Domain.
You covenant and agree to act in good faith and engage in fair dealing in connection with the Intellectual Property Transfer Agreement. Additionally, you acknowledge and agree that the value, reputation, and goodwill of RRdomains.com depends in part on your performance of your covenants and agreements. You further agree that we have the right to take such actions, including without limitation suspension, termination, or legal actions, as we in our sole discretion deem necessary or desirable to protect RRdomains.com and its value, reputation, and goodwill.
2.3 Taxes and Reporting
Each Member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting, and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services provided by Creatives, from and by independent contractors.
2.4 Creative's Role & Relationship with RRdomains.com
If you are a Creative, you and only you decide which and how many Contests to participate in, and when and where you participate in them. You are free to spend as much or as little time participating in Contests as you choose. At no time are you under any obligation to submit entries to a Contest.
Neither your use of our Service nor anything in this Agreement creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and RRdomains.com. We do not provide you with any equipment or tools to participate in a Contest. We do not provide you any benefits, including without limitation workers' compensation or insurance coverage. We are not responsible for any expenses you incur in using our Service. We will not withhold any amount from your award for federal or state income tax, Social Security, or any other tax. You are free at all times to perform tasks for any person or business, including any of our competitors. You do not have the authority to enter into any contract, whether written or oral, on behalf of RRdomains.com or otherwise represent or purport to represent RRdomains.com in any respect.
Notwithstanding the foregoing, we will request from you a W-9 (if you are a U.S. taxpayer) or W-8BEN (if you are not a U.S. taxpayer), to be updated annually, and we may bar you from participating in Contests or withdrawing your Dollar Credits until you have completed or updated a W-9 or W-8BEN, as applicable.
2.5 Links To Third Party Content
You may find on the Website links to other websites. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites, or their content, advertising, or products. The inclusion of any link on the Website does not imply that we endorse the linked website. You use the links at your own risk and expressly relieve us from any and all liability arising from your use of any third-party website.
2.6 User Entries & Domains
You shall be solely responsible for your own Entries, Domains, and all content you post on the Website, and the consequences of posting or publishing entries or content. When uploading Entries, Domains, or comments to the Website, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your entries of content, to enable inclusion and use of your entries and content in the manner contemplated on the Website and in this Agreement.
- Your User Account
Creating Your User Account
You must create a User Account with RRdomains.com in order to use the Service. Your User Account will be created using RRdomains.com’s online sign-up process or any other method specified by RRdomains.com from time to time in its sole discretion. Your User Account will permit you to log in to our Website to manage your User Account, make use of the Service, and to manage other details involving your relationship with RRdomains.com. You agree to keep confidential and secure any username or password used to access your User Account. You warrant that all information provided to RRdomains.com in the setup of your User Account is true and correct in all respects. You agree to only maintain one User Account in relation to your access to and use of the Service. In order for RRdomains.com to enforce the single User Account policy, you agree to not use any proxy servers to hide your IP address while accessing the Website. You agree to provide RRdomains.com with all identification documents (including copies of passports and drivers licenses) that RRdomains.com may reasonably request from you from time to time for the purposes of verifying your identity.
Member Conduct
You agree that you will only use your User Account and our Website for the purposes of using the Service and for no other purpose. Any violation of our Terms including (but not limited to) the following actions may result in your User Account being terminated: A. Resell, sublicense, or transfer the use of our Website or your User Account to any other person; B. Use or misuse your User Account including without limitation in a fraudulent or illegal manner, or email, send or make available any materials from your User Account which are offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable; C. Use your User Account to stalk or harass another person or entity; D. Use your User Account to impersonate any other person or entity in any way whatsoever; E. Use your User Account to infringe the copyright, trademark, patent, or other Intellectual Property Rights of any person or entity; F. Use your User Account for sending advertising, chain letters, junk mail, “spamming” or any other type of unsolicited email; G. Use your User Account to promote a website or platform that is not affiliated with RRdomains.com; H. Forge or alter the header or address information contained in any email or communication which you send from your User Account or in relation to the Service; I. Use your User Account to send or deliver viruses, spyware, malware, or other harmful, disruptive, or destructive files; J. Use your User Account to add funds for the sole purpose of transferring or laundering the funds via a different payout method or to a different user; K. Use your User Account in such a way that damages our Website or denies access to our Website to other users of our Website; L. Intentionally or recklessly use your User Account in a way that degrades the performance of our Website for other users; M. Cancel a Contest to take a Creative’s Entry without paying for it; N. Cancel a Contest initiated by you and subsequently contract separately or enter into a separate arrangement or understanding with a Creative you meet through our Website which results in you avoiding paying RRdomains.com all or any portion of any Buyer Payment, or all or any fees and charges of RRdomains.com; O. Maintain more than one active account at RRdomains.com; P. Host a Contest on behalf of a business that directly competes with RRdomains.com; Q. As a Contest Holder, award the Contest to your friend, family member, co-worker, or any other acquaintance; R. Ask other Users to disclose their email address or share your email address with them, ask other Users to join a third-party website or attempt to contact other Users outside RRdomains.com platform without their explicit permission.
We reserve the right to pursue any and all remedies at our disposal at law, in equity, or otherwise in the case of any of the foregoing.
- Domain Sales
All domain names listed on RRdomains.com are either owned directly by the Creatives or registered by RRdomains.com on behalf of creatives. When you purchase a domain name from RRdomains.com and submit payment through any of RRdomains.com's authorized payment providers you will be making payment for the domain name. This includes the exclusive right to use that domain name for as long as you keep the domain name registered and in good standing with your registrar. In some cases, RRdomains.com may also provide logo design associated with the domain. No hosting, web content, or any other rights will be transferred with the domain.
Upon successful purchase and verification of such a purchase, the domain name will be transferred to you at the current registrar. You may keep the domain registered at its current registrar or, if permitted, you will be allowed to transfer the domain to another registrar of your choosing. It will be your sole responsibility to ensure your domain is properly registered and that your registration is in good standing with your registrar. You will be required to pay yearly renewal fees directly to the registrar you keep the domain name with. Registration fees vary by registrar, are usually between $10 and $20 USD per year, and it will be your sole responsibility as the new owner of the domain to keep the registration current.
4.1 Refund Policy For Domains
You are entitled to a refund for domains purchased with outright payment as long as the following conditions are met:
- You contact us within 48 hours of purchase to request a refund.
- We haven't yet initiated the domain transfer to you.
- The refunds are subject to a 5% cancellation fee to cover the cost of our payment gateway as well as transaction processing.
If for any reason, RRdomains.com is not able to transfer the domain to your ownership, you will be entitled to a full refund of your purchase amount. In this case, the 5% cancellation fee will not apply.
Important: You are not eligible for a refund after the domain transfer has been initiated to you, or after 48 hours of your domain purchase (whichever happens first).
For domains purchased via installment plans, no refund is offered on installments already paid. However, you are allowed to cancel your future pending installment payments. If you cancel your future installment payments, the domain will not be transferred to you, and it will be listed back for sale in RRdomains.com marketplace.
4.2 Verification of Sales
A domain name sale is not considered complete until the order has been verified and approved by RRdomains.com. All domain name sales are subject to a final review and sales verification to ensure that the domain(s) subject to the sale are A.) indeed available for purchase and that B.) there are no issues that would obstruct the sale of in selling each domain. While all orders are typically approved and transferred immediately upon receipt of payment, a sales receipt or email confirmation does not render the transaction complete. If circumstances arise affecting RRdomains.com's ability to completely deliver a domain to the purchaser, all charges will be refunded appropriately.
In certain situations, RRdomains.com may require additional verification from the buyer. If the buyer fails to provide the additional information for verification of their order, the order will be canceled, and a refund will be issued. A sale will not be considered complete until the order has been both verified and approved, and the domain has been successfully transferred to the buyer.
4.3 Legal Rights
RRdomains.com is not responsible for determining whether the domain name(s) listed for sale infringe upon the legal rights of others. It is the buyer's sole responsibility to research whether the purchase and use of a domain will infringe upon the legal rights of other entities and individuals, including but not limited to trademark and/or copyright infringement.
- Contests
5.1 Buyers - Hosting a Contest
You may, as a Buyer, host a Contest for the provision of a Naming, Marketing, or Design Project. To host a Contest, you will use our Website to: A. Choose the type of Contest you wish to hold according to the types of Contests available on the Website at that time (by default, a Contest will be a Prepaid Contest, unless you, with the express approval of RRdomains.com, select that the Contest is a Guaranteed Contest); B. Advertise your Contest to Creatives; C. Specify the total Buyer Payment you wish to pay for the Contest, which must conform with Contest Guidelines; D. Specify for how long the Contest will be open (subject to any maximum period specified by Contest Guidelines); E. Specify any other details relating to the Contest as required from time to time by RRdomains.com; and F. Pay RRdomains.com the Buyer Payment.
5.2 Buyers - RRdomains.com's Duties for a Contest
RRdomains.com will, via our Website, invite Creatives to enter the Contest to submit Entries as required by your Contest. The actual Creatives who are invited to enter the Contest will depend on the type of Contest you select. RRdomains.com will deliver Entries that we receive from Creatives to you via our Website.
Trademark Feature
RRdomains.com offers a "Trademark Check" feature in certain types of Naming Contests. This feature checks for Trademark availability based upon an exact match of the name against the USPTO database. This check does not guarantee the approval of a Trademark application if such an application is filed by the Buyer.
In addition, RRdomains.com may also provide "Comprehensive Trademark Screening" in the form of detailed reports. These reports provide detailed data on potential Trademark conflicts and should not be construed as a legal opinion regarding the Trademarkability of the name. The Buyer must perform the necessary due diligence to ensure that the name can be Trademarked within their own country.
5.3 Buyers - Choosing a Winner
Upon completion of your contest, you will be required to choose a winner for your contest. If you fail to choose a winning Entry within 30 days of the end of the Contest, RRdomains.com will retain your Buyer Payment and will award the Contest Prize to one or more Creatives of RRdomains.com's sole choosing without any further liability or obligation to you. For the avoidance of doubt, under no circumstances may Buyer select as the winning Entry any entry from a relative, friend, or any entity or person previously known by Buyer.
Additionally, RRdomains.com expressly disclaims any and all liability whatsoever in connection with any Entry, including without limitation whether or not such Entry violates the intellectual property rights of a third party or is otherwise legal or available for use. As a Buyer, you are responsible for ensuring that your selected entry meets all legal requirements in your jurisdiction.
5.4 Creatives - Entering a Contest
To participate in a Contest as a Creative, you must submit one or more Entries to the Contest as hosted by a Buyer. The Entry must meet the Buyer's Contest requirements and conform to our Contest Guidelines. As a Creative, you represent and warrant that any Entry is your original creation and that your Entry will not otherwise infringe upon the Intellectual Property Rights of other parties. You also represent and warrant that you are not related to, are not friends with, and otherwise do not know Buyer. If your Entry contains Third Party Works, it must conform to the requirements set forth in our Contest Guidelines. By uploading your Entry to our Website, you expressly grant to RRdomains.com a perpetual, non-exclusive, royalty-free, fully-paid up, transferable, assignable, sublicenseable, worldwide license to display your Entry to the Buyer as well as publicly on our Website should you be chosen as a Winner.
The Buyer may engage RRdomains.com to conduct Naming Research for their shortlisted names. By uploading your Entry to our Website, you authorize RRdomains.com to include your Entry in an external poll to conduct the Naming Research.
You also covenant that, if you have been required to execute a non-disclosure agreement in connection with a Contest, you will abide by the terms and conditions of such agreement regardless of whether your Entry wins.
5.5 Creatives - No Guarantees or Liabilities
You understand that RRdomains.com makes no guarantees and has no liability to you in any respect with regards to any Contest, including but not limited to: A. That you will be chosen as a Winner; B. That you will be the only Winner; C. The terms and results of any other agreements you may enter into with a Buyer after a Contest; and D. Any uncompensated use of your Entry by Buyer (i.e., a Buyer cancels a Contest but is later found to be using your Entry in whole or in part; or if a Buyer selects a different winner but is later found to be using your Entry in whole or in part). E. Buyer selecting a winner that does not follow the contest brief (i.e., a Buyer selects a winning entry that does not directly match the requirements provided in the Contest Brief).
5.6 Creatives - Being Named a Winner
If a Buyer selects you as a Winner, RRdomains.com will notify you and will release the Contest Prize to your User Account. If you are named a Winner, you consent to entering into a binding agreement with that Buyer, pursuant to the terms of an Intellectual Property Transfer Agreement, which can be found here: [http://www.RRdomains.com/IPTransferAgreement]
A Contest must receive submissions from at least 10 different Creatives to be eligible for winner selection.
5.7 Creatives - Receiving a Bonus
If a Buyer likes your Entry, they can send you a Bonus as a compensation for using that Entry. If the Bonus is sent, RRdomains.com will notify you and will release the Bonus amount to your User Account. If you receive the Bonus in accordance with section 4.9, you consent to entering into a binding agreement with that Buyer, pursuant to the terms of an Intellectual Property Transfer Agreement, which can be found here: [http://www.RRdomains.com/IPTransferAgreement]
5.9 Bonus Payments
If a Buyer intends to use more than one entry from a contest, they must compensate the Creatives who submitted the entry. The Buyer must pay a $100 Bonus payment to the Creative for every additional entry (other than the winning entry) they intend to use.
5.10 Guaranteed Contests
A Guaranteed Contest implies an upfront commitment by the Buyer that they will select a winner for the contest. Guaranteed contests cannot be canceled, with the following exceptions:
- If it is determined by RRdomains.com that the contest payment was incomplete, fraudulent, or not authorized by the original credit card holder.
- Contest was created in the wrong category.
- If it is determined by RRdomains.com that the contest violates RRdomains.com's Terms of Service.
- A refund is issued to the customer either as a result of Credit Card Chargeback or due to a special circumstance that, in RRdomains.com's sole discretion, warrants a refund.
5.11 Abandoned Contests
If a winner has not been selected by the Buyer for more than 30 days after the contest end date (Abandoned Contest), RRdomains.com reserves the right to award the Contest Prize to one or more Creatives of RRdomains.com's sole choosing without any further liability or obligation to the Buyer. This award selection will be at the sole discretion of RRdomains.com and cannot be challenged by the Creatives or the Buyer.
If a Buyer decides to use an Entry from an Abandoned Contest, they must contact RRdomains.com within 60 days of the contest End Date. RRdomains.com would notify the Creative about the Buyer's intention to use the Entry.
If the Creative has already received at least $100 award from the Contest, the Creative consents to entering into a binding agreement with that Buyer for that Entry, pursuant to the terms of an Intellectual Property Transfer Agreement, which can be found here: [http://www.RRdomains.com/IPTransferAgreement]
If the Creative has received less than $100 award from the Project, the Buyer must pay the difference of $100 and the actual award amount already received by the Creative in order to use their Entry. Upon receiving the Bonus, the Creative consents to entering into a binding agreement with that Buyer for that Entry, pursuant to the terms of an Intellectual Property Transfer Agreement, which can be found here: [http://www.RRdomains.com/IPTransferAgreement]
If the Creative has not yet received any compensation from the Project, the Buyer must pay a Bonus of $100 to the Creative in order to use their Entry. Upon receiving the Bonus, the Creative consents to entering into a binding agreement with that Buyer for that Entry, pursuant to the terms of an Intellectual Property Transfer Agreement, which can be found here: [http://www.RRdomains.com/IPTransferAgreement]
- Payments and Refunds
6.1 RRdomains.com Credits
Understanding RRdomains.com Credits There are two types of RRdomains.com Credits: Dollar Credits and Atom Points. Each Dollar Credit is equivalent to one (1) United States Dollar. Atom Points are not equivalent to any currency. They may, however, be used in lieu of certain additional features available through the Service. Atom Points are not legal tender and cannot be traded or sold to third parties. Atom Points are only exchangeable for features and services provided by RRdomains.com in accordance with rules specified by RRdomains.com on our Website. RRdomains.com will round down any Dollar Credit that includes a fraction of a cent to the nearest whole number. RRdomains.com may reduce the balance of any RRdomains.com Credits held by you for any amount owing by you to RRdomains.com on any account whatsoever including in relation to compensating RRdomains.com for any loss that RRdomains.com determines (in its sole and absolute discretion) it has suffered as a result of your breach of this Agreement.
Converting Dollar Credits to Currency You may at any time convert Dollar Credits which you hold in your User Account to United States Dollars or any other currency permitted by our Website and request payment of those amounts to you. Any such payments will be made via the payment method nominated by you in your User Account. Any such payment by RRdomains.com to you may be reduced by any amount owing by you to RRdomains.com on any account whatsoever and may also be reduced by any related administration fees and charges imposed by RRdomains.com from time to time. Any payment to you in a currency other than United States Dollars will be made at an exchange rate determined by RRdomains.com in its sole discretion. You will bear all risk in relation to any loss you may make as a result of the exchange of United States Dollars to another currency. Any withdrawal of Dollar Credits in accordance with this clause may be subject to minimum or maximum withdrawal amounts specified by RRdomains.com on our Website.
The balance of Dollar Credits held by you will expire 12 months from the date that you last received any Dollar Credits into your account. RRdomains.com may refuse to permit you to withdraw Dollar Credits where it considers that at the date of withdrawal you are in breach of this Agreement.
Important:
a) You must have a verified Paypal or Payoneer account in order to withdraw funds into your account. In addition, you might be required to provide additional documentation such as a Government-issued Photo ID in order to verify your account.
b) If a Buyer's payment is partially or fully refunded by RRdomains.com or a Buyer files a credit card chargeback, the Creative who entered into the Intellectual Property Transfer Agreement must reimburse RRdomains.com for all amounts that are subject to the chargeback or the refund, including the award and RRdomains.com fees. Additionally, if a Creative violates the terms of the Intellectual Property Transfer Agreement or this Agreement, RRdomains.com reserves the right to reduce any amount owed by RRdomains.com to the Creative to compensate RRdomains.com for any and all losses RRdomains.com suffered as a result of the Creative's breach of the Intellectual Property Transfer Agreement or this Agreement.
6.2 Taxes
Each Member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting, and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services provided by Creatives, from and by independent contractors.
6.3 Refunds
RRdomains.com may issue a refund for your payment in its sole discretion if:
(i) your payment is eligible for a refund as per RRdomains.com's Refund Policy (ii) the refund is issued in accordance with any terms awarding a refund as set out in an Addendum; (iii) RRdomains.com determines that it is required by law to do so; (iv) the order placed (or request made) by the Buyer is found to be fraudulent; (v) the Buyer placed a duplicate order (or request) in error; (vi) If it is determined by RRdomains.com that the Contest, Buyer, or the Creative violates RRdomains.com's Terms of Service; (vii) there is a special circumstance that, in RRdomains.com's sole discretion, warrants a refund.
RRdomains.com's determination as to whether a refund is required by this clause is final and conclusive and may not be challenged by you.
To voluntarily cancel your contest, you must notify RRdomains.com within seven (7) days after the end of the Contest. If RRdomains.com allows such cancellation, your Contest will be canceled and the Contest Prize (Buyer Payment minus any listing or upgrade fees) will be refunded to you according to the terms of this Agreement. As a reminder, you are in violation of this Agreement should you cancel a contest and still use a Creative’s Entry, and such action could subject you to termination of your User Account as well as any other remedies at RRdomains.com's sole discretion.
RRdomains.com may also cancel a Contest found to be in violation of this Agreement or any laws, whether local, state, federal, or international (“Illegal Contest”). If RRdomains.com cancels an Illegal Contest, you will receive no refund whatsoever and may be subject to termination of your User Account as well as other legal action.
- Privacy
RRdomains.com will abide by the terms of our Privacy Policy as posted on our Website.
- Relationship of the Parties
RRdomains.com is an independent service provider to you and is not your partner, employee, or agent. You do not have the power to bind RRdomains.com in relation to any obligation owing to a third party. You agree that by using our Service (entering a Contest, selling a Domain Name, or providing Member Services, RRdomains.com, in providing this Service and your access to our Website, is providing a platform for you to enter into a separate agreement with other Members of our Website. RRdomains.com is not a party to your interactions with such Members or to any separate agreement or for any act or omission of such Members.
- Your General Obligations
You agree that: A. You will not use the Service for any illegal or fraudulent purpose or for any purpose other than holding or entering into Contests as a Buyer or Creative; B. You will comply with all laws that must be complied with in relation to a Contest or the supply of a Design; C. You will comply with any import or export restrictions that may apply to the export or import of Entries or other Intellectual Property Rights to locations inside or outside the United States or the territory in which you are located; D. You will not, by engaging RRdomains.com to provide the Services, place RRdomains.com in breach of any law or obligation owing to any governmental entity or other third party; E. You will not undertake any act or cause any omission that will bring RRdomains.com, its brand, or our Members into disrepute; F. You will provide RRdomains.com with all information requested by RRdomains.com which RRdomains.com requires to provide the Service.
- Suspension of Services
Without limiting RRdomains.com's other rights under this Agreement, RRdomains.com may suspend your User Account and your use of the Service at any time, with or without notice to you, and for any reason in its sole and absolute discretion, including, but not limited to, if:
- RRdomains.com determines that you have breached any of your obligations to RRdomains.com under this Agreement;
- RRdomains.com determines that you are using your User Account to commit fraud, that you are contacting Creatives directly in order to avoid paying Buyer Payments, or that you have colluded with a Creative in relation to the awarding of a Winner.
- RRdomains.com determines that you are using the Services, which in RRdomains.com's sole determination, is offensive, immoral, unethical, or is likely to damage the good name of RRdomains.com.
- RRdomains.com determines that your use of services pertains to disallowed categories (i.e., Pornography, Gambling, Prostitution, or other Adult-oriented services).
- RRdomains.com determines that you are using User Account or the Services, which in RRdomains.com's sole determination, is illegal or fraudulent, offensive, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable and may cause real and/or legal harm to RRdomains.com or its Members.
- RRdomains.com determines that any messages or comments posted by you on the Service have violated the Messaging or Comment Posting Guidelines.
- RRdomains.com determines that you have directly or indirectly challenged a Contest Holder regarding their ratings or choice of winner selection.
- RRdomains.com determines that you have directly or indirectly challenged the winner selection in case of Abandoned Contests.
RRdomains.com's suspension of the Services may, in RRdomains.com's sole discretion, apply to only some of the Services and/or for a fixed or indefinite period of time.
RRdomains.com may in its sole discretion reactivate the Services and your User Account any time following suspension.
Repetitive suspensions may result in being permanently banned from accessing or using the Service.
For the avoidance of doubt, you are not allowed to make withdrawals of, or spend any, RRdomains.com Credits during any period of suspension of your User Account. Furthermore, RRdomains.com may, in its sole discretion, retain the balance of all RRdomains.com Credits in your account towards compensating RRdomains.com for any loss and damage it may have suffered as a result of your breach of this Agreement which led to suspension.
- Term and Termination of Services
A. This Agreement begins on the date that you first create a User Account with RRdomains.com and will terminate at the later of the date that your User Account is terminated or closed, or you otherwise cease using the Services. B. If after termination or closure of your User Account, your User Account is reactivated or a new User Account is opened, you will again become bound by this Agreement at that time. For the avoidance of doubt, any provisions that are intended to or customarily survive the termination of this Agreement or a like agreement shall survive termination. C. RRdomains.com may terminate this Agreement and your User Account at any time for any reason whatsoever with or without notice to you. D. Upon the termination of this Agreement:
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RRdomains.com will, within a time period determined by RRdomains.com, withdraw the use of the Services from you.
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Any Atom Points you hold will be canceled immediately.
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You may redeem any Dollar Credits held by you into United States Dollars pursuant to this Agreement. RRdomains.com may, however, withhold a reasonable portion of any amount payable to you, as determined by RRdomains.com in its sole discretion, to address credit card chargebacks, refunds, payments due to third parties on your behalf, or other costs and expenses that may be incurred by RRdomains.com due to termination. Within twelve (12) months following termination of this Agreement, RRdomains.com will pay you any amount due.
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RRdomains.com is not an escrow service
RRdomains.com is not an escrow service and does not hold property on behalf of any person. All amounts deposited or paid to RRdomains.com are property of RRdomains.com and RRdomains.com may use those funds as it sees fit. The only rights that you have to receive payment of any amounts held by RRdomains.com are as set out explicitly in this Agreement.
- Limitation of Liability and Implied Terms
A. You acknowledge that RRdomains.com and its third-party providers have made no warranties that the Services will be error-free. B. You agree that RRdomains.com and its third-party providers will not be liable or responsible for any failure in, or delay to, the provision of the Services or in RRdomains.com complying with its obligations under this Agreement, including where such failure or delay has arisen as a direct or indirect result of fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident, or an industrial strike; denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications; a significant demand is placed on RRdomains.com's services which is above the usual level of demand and which results in a failure of RRdomains.com's software and hardware to function correctly; the failure of any third party (including without limitation, any bank or other financial organization) to fulfill any obligations to RRdomains.com; or any other circumstances or event similar to the above which are beyond the reasonable control of RRdomains.com. C. You acknowledge and agree that RRdomains.com and its third-party providers shall have no liability or responsibility to you whatsoever for any unauthorized withdrawals or unauthorized spend of your RRdomains.com Credits where such withdrawal or spend arises from any of the events described under this Section; or any unauthorized use or access of your User Account or our Service. D. You acknowledge and agree that RRdomains.com and its third-party providers have not made and will not make any express or implied warranties in relation to the Services or any other goods or services provided by RRdomains.com under this Agreement, other than those warranties expressly contained in this Agreement. Subject to this Section, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded. E. Subject to this Section, you agree that RRdomains.com and its third-party providers will not be liable in respect of any claim by you (whether contractual, tortious, statutory, or otherwise) for any direct, special, incidental, indirect, punitive, exemplary, or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue, or data arising out of or in connection with the provision of the Services or the provision of any other goods or services under this Agreement and whether as a result of any breach or default by, or any negligence of, RRdomains.com or its third-party providers. F. The maximum liability of RRdomains.com under this Agreement for any and all breaches of this Agreement and for any negligence in relation to this Agreement or Services, will not exceed the lesser of the amount you paid for Services, if any, for the event giving rise to RRdomains.com's liability or $100. G. Any of the terms and conditions of this Agreement that limit or exclude any term, condition, or warranty, express or implied, or the liability of RRdomains.com will apply to the extent permitted by law and will not be construed as excluding, qualifying, or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification, or limitation would be prohibited by legislation.
- Indemnity
You shall indemnify RRdomains.com, its agents, officers, employees, and third-party providers (“Indemnified”) against any loss, cost, expense, or damage (including legal costs on a full indemnity basis) that any of the Indemnified suffer or incur as a direct or indirect result of: A. Any breach by you of any representation, warranty, or term of this Agreement; B. Any acts or omissions by you under this Agreement; C. Any breach by you of your obligations to a third party, including another Buyer or Creative; D. Any infringement by you of the Intellectual Property Rights of a third party; and E. Any legal proceedings threatened or initiated against RRdomains.com by a third party as a result of your breach of this Agreement.
- Intellectual Property
A. You acknowledge that RRdomains.com is the owner of all Intellectual Property Rights that subsist in your User Account and our Website, but excluding Entries or Domains. You acknowledge that you have no Intellectual Property Rights in your User Account or in our Website. When you submit Content to our Website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicensable assignable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with our Website, in any media known now or in the future. B. You shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any Content found on our Website in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder. Unless you are otherwise lawfully entitled to do so, you shall not use any content found on our Website on any other site, in a networked computer environment, or in any medium, for any purpose except your own internal viewing. You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law. C. You shall not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose our Website, Service, or any portion thereof may not be that is not expressly permitted by RRdomains.com, in writing. D. You acknowledge that the ownership of the Intellectual Property Rights in an Entry provided pursuant to a Contest are strictly between the Buyer and the Creative providing such Entry. E. RRdomains.com will not act as a moderator or adjudicator in relation to any claim by you or a third party that an Entry or other Content submitted to our Website infringes any Intellectual Property Rights owned by you or a third party. F. RRdomains.com will not be liable or responsible for any breach by a Creative or Buyer of any Intellectual Property Rights held by a third party in relation to any Contest, Entry, or other use of our Website. G. Notwithstanding the above, RRdomains.com may at any time remove any Content, Third Party Work, or Entries from our Website that RRdomains.com determines, in its sole and absolute discretion, may infringe the Intellectual Property Rights of a third party.
- Informal Dispute Resolution
In the event you have any dispute with us related to the Site, Services, and/or these Terms, you shall first try in good faith to settle such dispute by providing written notice to us describing the facts of the dispute (including any relevant documentation) and allowing us thirty (30) days to respond before initiating any formal dispute resolution proceeding. Notices to us must be sent by mail to 2000 Center Dr, Suite East C221, Hoffman Estates IL 60192. We will send any dispute-related notice to you at the contact information we have for you. If for some reason the dispute is not resolved satisfactorily within thirty (30) days after receipt, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding, such as an arbitration or small claims court proceeding.
- Arbitration Agreement & Waiver of Certain Rights
Except as set forth below, you and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a “Claim”) through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, validity, applicability, enforceability, or formation of this agreement including, but not limited to, a claim that all or any part of this agreement is void or voidable.
To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at 2000 Center Dr, Suite East C221, Hoffman Estates IL 60192. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us.
Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated, or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- Mass Arbitration Process Requirements
If twenty-five (25) or more similar claims are asserted against RRdomains.com at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and RRdomains.com's counsel shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and RRdomains.com will pay the mediator's fee. If the parties are unable to resolve the remaining matters through mediation at this time, then each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and RRdomains.com will pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section regarding “Disputes” from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against RRdomains.com. Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
- Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
No action, arising out of the transactions under this Agreement may be brought by either party more than one year after the cause of action has accrued.
These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature relating to these Terms, the Site, or Services, except as otherwise set forth herein, will be filed only in the state or federal courts located in the state of Illinois. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
- Miscellaneous
A. RRdomains.com may amend the terms and conditions of this Agreement at any time. Such amendments will take effect from the date of their amendment (“Amendment Date”). You agree that without limiting the ways in which it may be bound by such amendments, you will be deemed to have agreed to such amendments by making use of or accessing your User Account or our Website after the Amendment Date. B. Unless otherwise requested in writing by you, RRdomains.com may use your corporate identity (if applicable) as part of promoting the Services and RRdomains.com in the marketplace. C. Any notice given under this Agreement must be in writing and must be signed by the party or its agent giving the notice. A notice is considered received in the case of a notice delivered by hand, when so delivered; in the case of a notice sent by prepaid post, on the third day after the date of posting; in the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the dispatching facsimile machine which confirms that the facsimile has been successfully sent; or in the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient's email server that the email has been received by the recipient. D. A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power, or remedy under this Agreement will preclude any other or further exercise of that or any other right, power, or remedy. The rights, powers, or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers, or remedies provided independently of this Agreement. E. If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement. F. This Agreement supersedes all prior representations, arrangements, understandings, and agreements between the parties relating to the subject matter of this Agreement and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of this Agreement.