Conditions of Use

Last updated: February 25, 2020

1. Agreement to Conditions

These Conditions of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Domaincraft Digital (“we”, “us”, or “our”), concerning your access to and use of this website (the “Site”) as well as any services procured or accessed on the Site (“Services”).

You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by these Conditions of Use. Your agreement is deemed to be in effect from the first time you visit the Site. If you disagree with any part of these Conditions of Use, you should discontinue use of the Site immediately.

We make changes to the Conditions of Use from time-to-time. The date of the last update is posted at the top of this page. You are encouraged to revisit this page periodically to check for updates. Your continued use of the Site represents that you have accepted such changes.

The information provided on the Site is not intended for distribution to, or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

The Site is intended for users who are at least 18 years old. If You are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

Additional policies which also apply to your use of the Site include:

Our Privacy & Cookie Policy sets out what personal information (“Data”) we may collect about you and how we use and process that Data. By using the Site, you consent to such collection and processing of your Data and you warrant that all data provided by you is accurate.

2. Acceptable Use

You may not access or use the Site for any purpose other than that for which we make the Site and our Services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of this Site, you agree not to:

• Alter any content on the Site for malicious, deceptive, or illegal intentions.
  
• Falsely imply a relationship with us or another company with whom you do not have a relationship.
  
• Systematically retrieve data or other content from the Site to compile a database or directory without written permission from us.
  
• Make any unauthorised use of the Site, including collecting usernames and/or email addresses of other users to, or to send unsolicited email, or to create user accounts under false pretenses.
  
• Use the Site to advertise, offer, or sell goods and services.
  
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
  
• Engage in ‘framing’ or linking to the Site without our permission.
  
• Trick, defraud, or mislead us and other users of the Site.
  
• Make improper use of our support services, or submit false reports of abuse or misconduct.
  
• Use data mining tools, robots, scraping tools, screen and/or audio recorders, or other data gathering and extraction tools.
  
• Intentionally interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site.
  
• Attempt to impersonate another user or person, or use the username of another user.
  
• Sell or otherwise transfer your profile.
  
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
  
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  
• Attempt to access any portions of the Site that you are restricted from accessing.
  
• Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.
  
• Delete the copyright or other proprietary rights notice from any of the content.
  
• Copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code.
  
• Upload, transmit, or install (or attempt to upload, transmit or install) viruses, Trojan horses, or other malware or material that interferes with the normal operation of the Site, or defaces or alters any content on the Site, or extracts.
  
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  
• Use the Site in a manner inconsistent with any applicable laws or regulations.
  
• Advertise products or services not intended by us

3. Information you provide to us

You represent and warrant that:

(a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party;

(b) you will maintain the accuracy of such information and promptly update such information as necessary;

(c) you will keep your password confidential and will be responsible for all use of your password and account;

(d) you have the legal capacity and agree to comply with these Conditions of Use; and

(e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as your user name and/or password) you must promptly notify us using the contact information provided under section 11.

If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and/or access to the Site or the Services. We may remove or change a user name you select when creating an account if we determine that such user name is inappropriate.

4. Site content

Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (“Our Content”) are owned by or licensed to us, and are protected by copyright and trade mark laws.

Except as expressly provided in these Conditions of Use, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

You shall not:

(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or

(b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

We shall:

(a) prepare the Site and Our Content with reasonable skill and care; and

(b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses or other malware.

Our Content is provided for general information only. It is not intended to amount to information or advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of Our Content on the Site.

Although we make reasonable efforts to update Our Content, we make no representations, warranties or guarantees, whether express or implied, that Our Content is accurate, complete, up to date, or fit for a particular purpose.

5. Links to third-party content

We accept no responsibility for third-party advertisements, content, or links that may appear on the Site. If you agree to purchase goods and/or services, or take other actions based on third-party advertisements, links, or content on the Site, you do so at your own risk. In the case of questions or complaints relating to third-parties, you should contact the third-party in question directly.

Our Content or Site may contain affiliate or referral links to third-party goods and/or services. Whilst we take reasonable care to ensure these third-parties are legitimate and the goods and/or services offered are ‘as advertised’ and fit for purpose, the third-party, and not us, is responsible for all aspects of these goods and/or services. If you agree to purchase goods and/or services from one of these third-parties, you do so at your own risk. All product and/or customer services related queries, should be directed to the third-party and not us.

6. Site management

We reserve the right at our sole discretion, to:

(1) monitor the Site for breaches of these Conditions of Use;
(2) take appropriate legal action against anyone in breach of applicable laws or these Conditions of Use;
(3) refuse, restrict, or block your access to the Site;
(4) temporarily take the Site and Our Content offline for any reason at our sole discretion, and without notice;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

We do not guarantee that the Site will be secure or free from bugs, viruses, or other malware (“Malicious Software”). You agree that visiting the Site and accessing the Services is done entirely at your own risk, and for which we accept no responsibility whatsoever.

You are responsible for configuring your software and devices to access the Site and for making adequate provisions for the detection and removal of Malicious Software. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by Malicious Software on the Site.

7. Availability of the Site and Our Content

We reserve the right to change, modify, or remove Our Content at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

We cannot guarantee the Site and Services will be available at all times. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services or Our Content during any downtime or discontinuance of the Site or Services or Our Content. We are not obliged to maintain and support the Site or Services or Our Content or to supply any corrections, updates, or releases.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

8. Disclaimer/limitation of liability

The Site, Services, and Our Content are provided on an ‘as-is’ and ‘as-available’ basis. You agree that your use of the Site and/or Services and/or Our Content will be at your sole risk except as expressly set out in these Conditions of Use. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and Our Content and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Our Content and are not liable for any:

(1) errors or omissions in content;
(2) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server;
(3) any interruption or cessation of transmission to or from the Site or Services; and/or
(4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Conditions of Use if such delay or failure is caused by an event beyond our reasonable control.

9. Term and termination

These Conditions of Use shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable.

Without limiting any other provision of these Conditions of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Conditions of Use or of any applicable law or regulation.

If we determine, that your use of the Site or Services is in breach of these Conditions of Use or of any applicable law or regulation, we may terminate and block your use of the Site and the Services at any time, without warning, at our sole discretion.

If we terminate or suspend your use of the Site or Services, you are prohibited from attempting to use the Site or Services, including but not limited to, accessing the Site or Services under your name, a fake, borrowed, or assumed name. In addition to terminating or suspending your access to the Site and Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. General

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

These Conditions of Use and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Conditions of Use shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Conditions of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Conditions of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Conditions of Use or use of the Site or Services.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us using the contact information provided under section 11.

11. Contact information

If you have requests, questions or comments about these Conditions of Use or any other matter, you may contact us.