Terms

DOMACON AUCTIONS Terms of Use and Membership Agreement

Revised: March 25, 2023

1. STIPULATION FOR USE OF DOMACON AUCTIONS WEBSITES AND SERVICES

2. INTRODUCTION

3. SECURITY AWARENESS

4. DEFINITION OF TERMINOLOGY

• “Personal information” is information which you provide through the DOMACON AUCTIONS websites, which personally identifies you. Such information can include but may not be limited to your name, email address, billing information, and other information you provide.
• “You” and “your” refers to you as a user of the DOMACON AUCTIONS websites and/or as a registered member of the DOMACON AUCTIONS marketplace.
• “Us”, “we”, “our”, “marketplace” and “DOMACON AUCTIONS” refers generally and implicitly to the DOMACON AUCTIONS websites.
• “User” refers to someone who accesses the DOMACON AUCTIONS websites through a web browser, or other electronic or non-electronic means, and specifically to “you” when you visit, use, access or otherwise provide information via the DOMACON AUCTIONS marketplace.
• “Member” refers to a user who has completed the DOMACON AUCTIONS membership registration process, agreed to and accepted our Terms of Use and Membership Agreement, has confirmed their registration of a DOMACON AUCTIONS membership account, and whose membership account is current and active. 
• “Visitor” refers to a user who is not a logged-in member, and who only has the ability to view the publicly available portions of the websites and may include the ability to view auction listings.
• “Seller” refers to an individual or entity that posts an item for sale through an auction listing.
• “Buyer” refers to an individual or entity that places the winning bid on an auction listing for an item described in an auction listing posted by the seller of the item.
• “Cookies” refers to small data files that are stored on a web appliance that is used to access a website over the internet.
• "Membership Agreement" herein refers to our Terms of Use and Membership Agreement.

5. PURPOSE

6. OVERVIEW AND USE OF THE DOMACON AUCTIONS MARKETPLACE

• Violate any provision of the DOMACON AUCTIONS marketplace terms or policies or this Membership Agreement.
• Use DOMACON AUCTIONS websites if any of the following conditions apply to you:
  • You are unable to form legally binding contracts.
  • You are under 18 years old.
  • You are not the rightful owner of items you list for sale.
• Fail to pay for items for which you are the winning bidder or you otherwise commit to purchase.
• Fail to deliver items sold by you after the buyer has paid for the item in full.
• Refuse to complete or obstruct the completion of any escrow transaction related to any auction item that you either list for sale in the DOMACON AUCTIONS marketplace or for which you have placed the winning bid.
• Contact other members without their consent.
• Interfere with listings created by other members.
• Distribute spam or unsolicited email to other members.
• Harass other members, visitors or the DOMACON AUCTIONS staff.
• Collect information about other members or the DOMACON AUCTIONS staff.
• Perform actions that undermine the DOMACON AUCTIONS member feedback system.
• Post or provide inaccurate, misleading, false, deceptive, defamatory, or libelous content.
• Commit acts to circumvent, interfere or disrupt the DOMACON AUCTIONS websites, web pages, servers, databases, connections, services or any other DOMACON AUCTIONS facilities or data in any way or by any means.
• Attempt or act to distribute malware or viruses or insert or distribute links to malware or viruses of any kind or by any means.
• Post any intellectual property or other content that does not belong to you.
• Copy, reproduce, reverse engineer or make use of software, data, artwork, graphics, capabilities, functions, features, services provided on the DOMACON AUCTIONS websites.
• Violate or infringe upon the legal rights of holders of copyright, trademark, patent or any other types of intellectual property owned or licensed by DOMACON AUCTIONS, or any other members or holders of intellectual property rights that do not belong to you.
• Engage in or perform illegal activities or violate any applicable law, statute, ordinance, or regulation including those governing financial services, consumer protections, unfair competition, anti-discrimination, false advertising, Uniform Commercial Code, or any others that apply to you.
• Except where granted written authorization by DOMACON AUCTIONS to do otherwise, use the DOMACON AUCTIONS marketplace, websites, data, artwork, graphics, applications, information or software for any purpose other than for you to perform the following actions:
  • List items for sale as auction items in the DOMACON AUCTIONS marketplace.
  • Bid on auction items listed for sale in the DOMACON AUCTIONS marketplace.
  • Manage the functions, features and services provided by your DOMACON AUCTIONS member account.
  • Place a link on your website or websites that points to your DOMACON AUCTIONS auction listing.

7. MEMBERSHIP TERMINATION

8. POLICY ENFORCEMENT

9. AMENDMENTS TO TERMS OF USE AND MEMBERSHIP AGREEMENT AND POLICIES

10. LISTING CREATION, UPDATING, AND SELLING CONDITIONS

• You as a seller are solely responsible for the accuracy and content of your auction listing, which is expected to describe the item you place at auction within the DOMACON AUCTIONS marketplace. When you create or update an auction listing, you as a seller are solely responsible for the entries of content of any field where you can either enter data or select an option, including the title and description fields, all numeric field values, all checkbox and radio box selections, all fields requiring a file upload, all drop-down field selections, etc.
• You as a seller warrant that you are presently in full compliance with and shall continue to comply with all applicable federal, state, and local laws, statutes, ordinances and regulations relating to the licensing, distribution, and sale of any products that you promote or sell at DOMACON AUCTIONS.
• When any content of your listing violates the DOMACON AUCTIONS terms and policies in any way we may terminate your listing.
• The optional "Add-on" enhancement features, which you can add when either posting or updating your auction listing, can be modified but cannot be deleted or removed once the listing is posted to the DOMACON AUCTIONS marketplace.
• The enhancement features that we provide as options to enhance your listing include the option titled “Featured listing Title in Search Results - Add-on”. Selecting this enhancement option will prioritize your auction listing such that it will appear as one of the “Featured” auction listings that get displayed at the top of the search results on our Multi-bidding and Auctions Listings Search Results webpage whenever your auction listing meets the search filter criteria selected by the member that is viewing the listings search results, and will not appear with the non‑featured listings search results.
• Your listing will end on the date and at the time that you select using our Auction End-Time™ selection feature when you create your auction listing. The date and time when your auction listing ends cannot be changed once your auction listing posts in the DOMACON AUCTIONS marketplace.
• We reserve the right to remove an auction listing that violates our terms and policies. If your auction listing should be removed due to this reason, we will notify you by sending an email to your registered email address with an explanation.
• So as to minimize effects of search engine results due to metatags or URL (Uniform Resource Locator) links placed in your listing, such metatags and URL links may be removed or altered.

Below – “EXAMPLE View of Multi-bidding and Auction Listings Search Results Webpage”

11. BIDDING AND PURCHASING CONDITIONS

• Prior to you placing any bid and thus committing to purchase and pay for the respective listed item should your bid be the winning bid, you as a buyer are responsible for reading the listing contents including title, description and all content provided by the seller in their auction listing and ensuring that it is an item you wish to bid on.
• When you bid on an item described in a seller’s auction listing, and when your bid results in being the winning bid, you will be entered into a binding contract with the seller whereby you commit to complete the purchase of the item presented in the respective auction listing.
• The seller of an item that is sold through auction listing is responsible for delivering the item to the winning bidder (e.g. buyer) through an escrow transaction in accordance with the terms of the escrow transaction after the buyer has made all payments and paid for the item.
• The Uniform Commercial Code § 2-401(2), California Commercial code Division 2. Sales, and code sections specified in the applicable escrow company instructions apply to the transfer of ownership of the auction item between the buyer and the seller.
• All bids placed on auction items in the DOMACON AUCTIONS marketplace are proxy bids.
• Bid increments, which are based on the auction item's current bid price range, define the respective bid amount that will be applied to create a revised bid that then becomes the next bid price of an active auction.
• If an auction item bidder places a proxy bid of an amount higher than the current bid (a.k.a. price) price, a proxy bid will be placed automatically. Any bid amount remaining after deducting the bid increment amount will be the remaining proxy bid amount. When another bidder places a bid which is lower than the remaining proxy bid balance, a proxy bid will continue to be placed automatically on behalf of the bidder up to the point that the remaining proxy bidding balance is less than the current bid increment amount and the current bid price is higher than the last proxy bid.
• If a bidder's proxy bid amount, for the auction item being bid on, is less than or equal to the reserve price and greater than or equal to the minimum bid increment, then the full proxy bid amount will be placed.
• A bidder’s proxy bidding activity stops when the bidder’s maximum proxy bid price is reached or exceeded, or the auction ends.

12. OVERVIEW OF FEES AND PAYMENT METHODS

13. LISTING SERVICES AND ASSOCIATED FEES

Below – “EXAMPLE View of our Create Auction Listing Webpage”

Below – “EXAMPLE View of the Auction Listing Confirmation Pop-up”

Below – “EXAMPLE View of our Auction End-Time™ Timeslot Selection List”

• Number of characters entered as part of the LTQS™ (i.e. LTQS™ character length).
• Type of characters entered into the LTQS™ (e.g. alpha, numeric or special characters).
• Sequence of characters entered for the LTQS™.
• Number of timeslots available.

1. Bold listing Title in Search Results - Add-on
2. Highlighted listing Title in Search Results - Add-on
3. Featured listing Title in Search Results - Add-on
4. Listing Public Message Board - Add-on
5. Listing Title Extension - Add-on
6. Listing Description - Add-on
7. Listing Picture - Add-on
8. Listing Promo Billboard - Add-on

Below – “EXAMPLE View of Expanded Add-on Enhancement Selection Display Panels”

14. USE OF THIRD PARTY ESCROW COMPANIES, ASSOCIATED SERVICES AND FEES

• The sale and purchase of all auction items listed on the DOMACON AUCTIONS websites will be completed through an escrow transaction processed by a third party escrow company. A third party escrow company is an independently owned and operated commercial company licensed to conduct escrow transactions. All of the escrow companies that we make available to you are independent commercial entities whose business is to process escrow transactions. No escrow company is part of DOMACON AUCTIONS, and the escrow companies we make available to you operate independently of the DOMACON AUCTIONS marketplace.
• DOMACON AUCTIONS provides access to select third party escrow companies for your convenience in completing the sale and purchase of auction items. Each escrow company that we make available for your use in completing a sale and purchase transaction has terms and conditions stipulated by the respective escrow company. You agree to abide by and be bound by the terms and conditions of the escrow company that you use to process any escrow transaction in which you are engaged as the seller or buyer. DOMACON AUCTIONS is not responsible for the terms and conditions established by any escrow company that processes an escrow transaction for you.
• We may make available one or more of the following escrow companies for you to select for processing of your escrow transaction.
  • Escrow.com
  • DN.com
  • EscrowDomains.com
  • 4.cn
  • Sedo.com
  • SnapNames.com
  • SafeFunds.com
• It is your responsibility to create and have a verified user account at any of the escrow companies you select when creating an auction listing or when bidding on an auction item, and ultimately that you will use to process an escrow transaction for you. It is your responsibility to review and agree to the terms and conditions stipulated by each escrow company that you select prior to either posting an auction listing or placing a bid on an auction listing in the DOMACON AUCTIONS marketplace.
• Sellers, bidders and buyers are required to have an active verified user / member account at any escrow company selected or used to conduct the escrow transaction of an auction item, and to abide by the associated escrow terms and conditions of the selected escrow company and any escrow transaction. For you to participate in either the creation and listing of an auction item for sale, or in the bidding and purchase of an auction item, you are required to have an active and verified account at each escrow company that you select during the auction listing creation and bidding processes.
• The available escrow companies that you can use in completing the sale or purchase of an auction item will be displayed to you as a seller on the auction listing creation web page, and to you as a bidder on the auction bidding web pages. When an auction listing is created or updated, you as a seller will be required to enter your email address that you use for logging into your user / member account for each escrow company you choose to offer to buyers as an option in your listing. When bidding on an auction item, you as a bidder will be required to enter your email address that you use for logging into your user / member account for the one escrow company you choose from the list of escrow companies offered by the seller as displayed in the seller’s auction listing.
• Upon the close of an auction with a winning bidder (the buyer), DOMACON AUCTIONS will automatically create an escrow transaction at the escrow company selected by the seller and buyer through the escrow company selection process. The user / member account email addresses that both the seller and buyer enter for the one escrow company that they have selected to process the escrow transaction will be used to create the escrow transaction at the selected escrow company. The seller and buyer email addresses of their respective escrow company user / member accounts will be transmitted to the selected escrow company by electronic means as part of the escrow transaction record creation process following the close of the auction listing where the buyer is the winning bidder. The escrow company user / member account email addresses are not publicly revealed to anyone until the escrow transaction is created, and then are revealed only to the other party involved in the escrow transaction.
• The buyer and seller of an escrow transaction are required to agree to the escrow transaction terms and conditions, and complete the sales and purchase that each party committed to by either listing the auction item and thus committing to sell the item, or by bidding on the respective auction item and thus agreeing to purchase the item by placement of the winning bid.
• Once the escrow transaction is created, you will be required to perform the following steps:
  • Login to your escrow account and approve the escrow transaction.
  • Respond to any additional requests or perform actions required by the escrow company to conduct your escrow transaction.


• Escrow companies used by DOMACON AUCTIONS may provide for the buyer to make monthly escrow payments instead of one single escrow payment. If an escrow company allows buyers to make monthly escrow payments, DOMACON AUCTIONS will provide to the seller of the auction item the option to select the maximum number of monthly escrow payments that the seller is willing to offer to bidders up to a maximum of 60 months. Bidders will be required to select a monthly escrow payment period from the list of payment period options provided by the seller. When creating the auction listing, the seller will be required to select to accept either one payment in full for the total winning bid price, or the maximum number of monthly payments they want to offer to bidders. From the list of monthly payment options offered by the seller, bidders will be required to select either to make one payment in full for the total winning bid price, or the number of monthly payments the buyer wants to make. An additional monthly processing fee is typically imposed by every escrow company for making multiple payments instead of one single payment. The monthly payment fee charged by an escrow company will typically be deducted from the total amount distributed to the seller. The total winning bid amount for an auction, less all applicable escrow and broker fees, will be divided by the number of monthly payments selected by the buyer to calculate the escrow payment amount that the buyer will be required to pay each month. When the payment schedule selected requires that the buyer make multiple monthly payments, a monthly payment fee will be charged by the escrow company. Be aware that the final monthly payment may be slightly less than the other monthly payments due to the total amount due not being evenly divisible by the duration months.
• Escrow transactions for auction items sold in the DOMACON AUCTIONS marketplace will use an escrow handling process that will require the seller to transfer the auction item to the selected escrow company following the close of the item auction. The escrow company will hold the auction item securely in escrow until the buyer has paid for the item in full. When the entire escrow transaction balance has been paid, the escrow company will then send or transfer the auction item to the buyer who will be allotted time to confirm and inspect the item. The item “Inspection Period” is one (1) day after the buyer confirms receipt of the auction item. When either the buyer indicates acceptance of the auction item, or the escrow company determines that the buyer has received the item in accordance with the escrow terms and conditions, the escrow company will release the funds due the seller. The full description of the escrow process performed by each escrow company used by DOMACON AUCTIONS can be found on the website of each escrow company respectively.
• All payments made by the buyer for the auction item won by the buyer will be paid to the one escrow company that the respective seller and buyer have selected to process their escrow transaction for the auction item being sold and purchased respectively. The escrow company will accept and apply the buyer’s single payment, or multiple payments if that option is available and selected, towards the escrow transaction balance in accordance with the terms and conditions applicable to the escrow transaction.
• When we create an escrow transaction between you as a seller and the buyer of an auction item, we charge you a transaction brokerage fee.  The escrow transaction broker fee amount is the same irrespective of the escrow company used to conduct the escrow transaction, and will be deducted by the escrow company from the amount paid into escrow by the buyer prior to distribution of funds to you. Our escrow transaction broker fee schedule is as described in Table 15‑1 - DOMACON AUCTIONS Fees Schedule.
• An escrow fee will be charged by the escrow company that you use to process your escrow transaction in accordance with the fee structure established by the respective escrow company. The types of services provided and the fees charged by each escrow company are typically different between different escrow companies. The fees charged by an escrow company for each type of service they provide can be found on the respective escrow company's website.
• You acknowledge and agree that it is your sole responsibility as a seller or buyer to understand the fees that you will be charged by the escrow company you choose to process your escrow transaction for the services the escrow company will provide to you.
• IF EITHER THE BUYER OR SELLER WHO HAS ACCEPTED AN ESCROW TRANSACTION CANCELS THE ESCROW TRANSACTION OR THE BUYER FAILS TO MAKE PAYMENT, THE ESCROW FEE WILL BE CHARGED TO THE PARTY THAT CANCELS THE ESCROW TRANSACTION, OR IN THE CASE OF BUYER FAILING TO MAKE PAYMENT THE BUYER WILL BE CHARGED THE ESCROW FEE, OR AS OTHERWISE ESTABLISHED BY THE RESPECTIVE ESCROW TERMS AND CONDITIONS.
• IT IS AGAINST THE TERMS AND POLICIES OF DOMACON AUCTIONS FOR A SELLER TO LIST AN AUCTION ITEM FOR SALE WHICH CLOSES WITH A WINNING BIDDER AND THEN NOT COMPLETE THE PURCHASE, OR FAIL TO AGREE TO THE ESCROW TRANSACTION, OR CANCEL THE ESCROW TRANSACTION. WE MAY TERMINATE YOUR MEMBERSHIP ACCOUNT IF YOU AS A SELLER FAIL TO COMPLETE THE ESCROW PROCESS OR CANCEL THE ESCROW TRANSACTION, OR YOU FAIL TO COMPLETE THE SALE OF AN ITEM WHICH YOU POSTED FOR SALE IN AN AUCTION LISTING IN THE DOMACON AUCTIONS MARKETPLACE AND FOR WHICH THERE WAS A WINNING BIDDER WHO COMPLETED THEIR REQUIRED ACTIONS FOR THE RESPECTIVE ESCROW TRANSACTION.
• IT IS AGAINST THE TERMS AND POLICIES OF DOMACON AUCTIONS FOR A BIDDER TO PLACE THE WINNING BID FOR AN AUCTION ITEM AND THEN NOT PAY FOR OR COMPLETE THE PURCHASE, OR FAIL TO AGREE TO THE ESCROW TRANSACTION, OR CANCEL THE ESCROW TRANSACTION. WE MAY TERMINATE YOUR MEMBERSHIP ACCOUNT IF YOU AS THE WINNING BIDDER AND BUYER FAIL TO COMPLETE THE ESCROW PROCESS OR CANCEL THE ESCROW TRANSACTION, OR YOU FAIL TO PAY FOR AND COMPLETE THE PURCHASE OF AN AUCTION ITEM ON WHICH YOU PLACED THE WINNING BID AND FOR WHICH THE SELLER HAS COMPLETED THEIR REQUIRED ACTIONS FOR THE RESPECTIVE ESCROW TRANSACTION.

15. FEES SCHEDULE

16. CONTENT

• You agree to grant to DOMACON AUCTIONS the worldwide, irrevocable, non-exclusive, perpetual and sub-licensable rights to any intellectual and non-intellectual property to any and all data of any type including but not limited to data, text, names, monikers, titles, descriptions, comments, discussion, feedback, pictures, graphics, software, algorithms, or any other types of data, referred to collectively as “content” that you enter anywhere on the DOMACON AUCTIONS websites or otherwise provide when you represent yourself as a seller, bidder, buyer or other third party. You agree to waive any rights of legal action against DOMACON AUCTIONS or those we assign or sub-license in perpetuity to the free use of your content or to the rights to your content for any purpose that we chose.
• For all content that you provide on our websites, you warrant that you own or control the data and intellectual property rights permitting your application and use of said content in accordance with the provisions of the DOMACON AUCTIONS terms and policies. You further warrant that your rights to the content that you post on our websites does not infringe upon the rights or intellectual property rights of any other party.
• You solely are responsible for all content that you post in any way and by any means, fashion or form in the DOMACON AUCTIONS marketplace. DOMACON AUCTIONS neither assumes any liability nor any responsibility for any content of any type that you or any other member or party posts in the DOMACON AUCTIONS marketplace.
• DOMACON AUCTIONS strives to consistently offer reliable high quality services and content. However, we cannot guarantee that any DOMACON AUCTIONS marketplace service or content will be accurate, complete, current nor available due to factors not within our control. Potential factors include, but are not limited to, issues with computing equipment, servers, power sources, technologies, routers, switches, network connectivity, software, data transmissions, human decisions and actions, malware, viruses, hacking and other factors of various sorts. You acknowledge and agree that DOMACON AUCTIONS is unable to warrant that the services or content provided by us, any member, user, or third party through our marketplace or any other source will be timely, truthful or accurate. Furthermore, you agree to not hold DOMACON AUCTIONS or any provider of content to the DOMACON AUCTIONS marketplace liable for content discrepancies, inaccuracies, problems or issues of any sort.
• As a DOMACON AUCTIONS marketplace member, you warrant that any content which you provide as a seller, bidder or buyer will be current, truthful and accurate.
• The names “DOMACON AUCTIONS”, "DOMACONAUCTIONS.COM",“DOMACON”,  “DOMACON.COM” and other phrases, designs, markings, logos and any other data content that we own are the exclusive intellectual property of DOMACON AUCTIONS and are our copyrighted, trademarked or service marked data and intellectual property, whether or not any such data content bears a marking.
• Without explicit written permission by DOMACON AUCTIONS, no content from our websites or other sources may be duplicated, distributed nor used by your or any other party.

17. INTELLECTUAL PROPERTY CONTENT

18. METHODS OF CONTACT AND WHEN WE MAY CONTACT YOU

• As part of contacting you to address any aspect of your account
• As part of our efforts to troubleshoot issues with your account
• As part of our efforts to follow our dispute resolution process
• As part of our debt resolution process involving you
• Conduct a survey where your input is requested
• As necessary to provide quality servicing of your account
• As necessary when enforcing our terms and policies, applicable law, any provisions of our Membership Agreement, or any and all other agreements implied or otherwise that we may have with you.
• For the purpose of informing you of short term promotions, coupon deals, or other offers to communicate the availability of products in which you may be interested.

19. PRIVACY OF OTHER MEMBERS INFORMATION

20. RETURNS AND CANCELLATIONS

21. SHIPPING OF AUCTION ITEMS

22. THIRD-PARTY SITES

23. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

• Your use of our websites or services.
• Your inability to use our websites or services due to delays, disruptions, outages or closure of our websites or services, breaches, malware, viruses or hacking activities which could disrupt our websites, auction listings or services.
• Any guidance provided by DOMACON AUCTIONS staff, websites or services.
• Any content provided by anyone including us, you, other members, or third parties.
• Any software bugs, miscalculations, currency conversion errors, layouts, designs, colors, displays, fonts or inaccuracies or errors of any kind in our websites or services.
• Any inaccuracies, inconsistencies and irregularities related to the creation, posting, run time, close time, duration, time and date differences, information displayed, the order of listings presented on the Multi-bidding and Auction Listings Search Results webpage, bidding or bid placement or any other problem with any current, future or closed auction listing that could exist or arise.
• Any computer hardware or equipment that becomes damaged while being connected physically or virtually to any DOMACON AUCTIONS websites or services.
• Any actions taken by DOMACON AUCTIONS to investigate you or your account, any other member or member account, and to enforce our terms, policies and Membership Agreements.
• Any loss of service or your ability to use the DOMACON AUCTIONS websites as a result of any changes to our websites, marketplace, connectivity, servers, software, equipment, terms, policies, practices, location, Membership Agreements or any other condition or factors.

24. INDEMNITY AND HOLD HARMLESS

• The DOMACON AUCTIONS Membership Agreement.
• The intellectual property rights or other rights of any other member or third party.
• Any applicable laws through your use of the DOMACON AUCTIONS websites and services.

25. ARBITRATION