The offerings Pool.com Limited is making available on or through www.pool.com (“Pool Site”), blockchain technology(ies), and/or other websites or platforms owned or managed by Pool.com Limited (collectively “Platform”) allows for development, creation, reservation, purchase, registration, use, minting, custody, sale, maintenance, renewal, assignment, transfer, allocation and/or making or receiving payment for or related to, blockchain top-level domains (“TLD(s)”) and blockchain domain names (“Domain Name(s)”). These terms and conditions (“Agreement”) are entered into by and between Pool.com Limited, an entity established under the laws of the Turks & Caicos Islands, its authorized agents and/or service providers (collectively “us”, “we”, “our”, “Pool”) and each party and/or such party’s authorized agent(s) that reserve, purchase, register, use, mint, use our custody services, sell, maintain, renew, assign, transfer and/or allocate TLD(s) and/or Domain Name(s).
Experimental TLDs and Domain Names - Warning. The Platform makes available TLDs and/or Domain Names on an experimental naming protocol that uses blockchain technology to create a decentralized root zone, as opposed to a centralized root zone regulated by ICANN. There are no guarantees with TLDs and/or Domain Names offered on or through the Platform. You may not be able to renew TLDs and/or Domain Names offered on or through the Platform upon expiration and there's a chance the TLD or Domain Name you purchase could stop functioning prior to expiration. Because TLDs and/or Domain Names offered on or through the Platform do not use the same root zone as ICANN-regulated domain names on the internet they do not currently, and may never, resolve like those other domain names. TLDs and/or Domain Names offered on or through the Platform may require special browsers, plugins or network configurations. Furthermore, many third party services such as email, SSL certificate generation, and others may not ever work on TLDs and/or Domain Names offered on our through the Platform. With the TLDs and/or Domain Names offered on or through the Platform there is an inherent risk of collision with domain names or TLDs on other blockchains, other naming technology, and with ICANN regulated domains. There are no guarantees that the TLDs and/or Domain Names offered on or through the Platform are unique or that they will not collide now or in the future.
Technical Feasibility of a TLD and Domain Name - Warning. We encourage, and will continue to encourage, use and acceptance of TLDs and Domain Name(s) in various platforms, the TLDs and/or Domain Name(s) you purchase, register, renew, create, sell and/or transfer on or through the Platform may encounter difficulty. You shall be responsible for ensuring, to your own satisfaction, the technical accessibility and feasibility of a TLD and/or Domain Name prior to purchasing it and thereafter. You acknowledge and agree that TLD(s) and Domain Name(s) are provided "as is", "with all faults" and "as available." As further stated herein, neither we, nor our agents, affiliates and/or service providers make express warranties or guarantees about the TLDs and/or Domain Names reserved, created, purchased, registered, used, minted, used in our custody services, sold, maintained, renewed, assigned, transferred, allocated, for which you paid or received payment for, on or through the Platform.
Private Key - Warning. You are solely responsible and liable for protecting private key(s) granted and/or used in connection with products, services, TLD(s) and Domain Name(s) on or through the Platform. Please keep this information in a safe and secure location. If you lose or forget the private key(s), we cannot assist you; you risk losing access to products, services, TLD(s) and Domain Name(s) on our Platform, as well as payment amounts or revenue associated with your Pool account and/or products, services, TLD(s) and Domain Name(s).
3. Accurate Information. You represent and warrant that you will provide current, complete, and accurate information in connection with your Platform account, registration, renewal and/or reservation of a TLD or Domain Name and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting registration or reservation of a TLD and/or Domain Name. The account information you provide may be used to remit payments to you, if applicable (for example for Domain Name sales to third parties on or through the Platform). We are not liable or responsible for any payments or remittances made to the information provided in your Platform account. Your provision of current, accurate, and complete information is a material element of this Agreement.4. Our Rights. We reserve the right - where reasonably technically feasible - to refuse, at our sole discretion, to sell a TLD or Domain Name for any reason (or to complete such sale once initiated). You acknowledge and agree that we reserve the right - where reasonably technically feasible - to immediately and automatically deny, cancel, terminate, suspend, lock, burn, or transfer any reservation or registration request and any resulting reservations or registrations of a TLD or Domain Name we deem necessary, in our sole discretion, including without limitation the following:
6. Indemnification. You agree to indemnify us to the maximum extent permitted by law, and to defend and hold us harmless as well as our agents, affiliates and service providers, and each of their respective directors, owners, officers, employees, contractors, and agents, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising directly or indirectly out of or relating to the development, creation, reservation, purchase, registration, use, minting, custody, transfer, use, sale, maintenance, renewal, assignment, transfer, allocation and/or making or receiving payment for or related to, of any products or services we offer, including without limitation TLD(s) and/or Domain Name(s) by any and all third parties. You agree that the indemnifications stated herein shall survive termination of any other agreements related to our products, services, TLD(s) and/or Domain Name(s) between you and us, or between you and third parties.
7. No Warranties. THE PLATFORM, PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION TLDS AND DOMAIN NAMES, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM, PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION TLDS AND DOMAIN NAMES, WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION TLDS AND DOMAIN NAMES, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM OR THE CONTENT OF ANY TLDS OR DOMAIN NAMES ACCESSED ON OR THROUGH THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. No Liability. WE, OUR AGENTS, AFFILIATES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON ANY PRODUCT, OR SERVICE OFFERED ON OR THROUGH THE PLATFORM INCLUDING WITHOUT LIMITATION ANY TLD AND/OR DOMAIN NAME. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF PRIVATE KEY, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE, OUR, AGENTS, AFFILIATES AND SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AGENTS, AFFILIATES AND SERVICE PROVIDERS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT IN NO EVENT SHALL OUR, OR OUR AGENTS, AFFILIATES AND SERVICE PROVIDERS, TOTAL AGGREGATE LIABILITY EXCEED $25,000 USD. YOU AGREE THAT THE RIGHTS STATED HEREIN SURVIVE TERMINATION OF ANY THIRD PARTY AGREEMENTS YOU ENTER INTO AND THIS AGREEMENT.
9. Right to Modify Services or Products. We reserve the right - where reasonably technically feasible - to modify, change, or discontinue any aspect of our services, products, TLD(s), Domain Name(s), policies, agreements, this Agreement, including without limitation prices and fees. You acknowledge and agree that we, our agents, affiliates and service providers, may provide any and all required notices, agreements, modifications and changes to this Agreement including without limitations the Policies and FAQs, and other information concerning a product, service, TLD and/or Domain Name offered on or through the Platform electronically by posting such items on the Platform. Your continued use of the Platform, and any of our products or services, including without limitation development, creation, reservation, purchase, registration, use, minting, custody, transfer, use, sale, maintenance, renewal, assignment, transfer, allocation, and/or making or receiving payment for or related to, any TLD and/or Domain Name offered on or through the Platform shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to this Agreement. If any conflict arises or exists between this Agreement and the notices, agreements, modifications or changes to this Agreement as posted from time to time on the Platform, the then-current terms of this Agreement posted on the Pool Site shall prevail.10. You Represent. You represent and warrant that your use of our services, products, TLD and/or Domain Name offered on or through the Platform will not be for any illegal purposes, including without limitation:
11. Services and Products for Adults. All products, services, TLDs and Domain Names offered on or through the Platform are intended for and available to applicants and registrants who are at least eighteen (18) years of age. By developing, creating, reserverving, purchasing, registering, using, minting, using our custody services, transferring, using any service or product, selling, maintaining, renewing, assigning, transferring, allocating, and/or making or receiving payment for or related to, a TLD or Domain Name, you represent and warrant that you are at least eighteen (18) years of age.
12. Local Law Compliance. You acknowledge and agree that the content of any TLD and/or Domain Name offered on or through the Platform may not be appropriate, legal, and or available for use in all locations throughout the world. In all cases, you are responsible for compliance with local laws.
13. Corporate or Legal Authority. If you are entering into this Agreement on behalf of a corporate entity, government body or legal entity, you represent and warrant that you have the legal authority to bind such entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, applicant, or registrant shall refer to such corporate, government or legal entity. If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind such corporate, government or legal entity, you will be personally responsible for the obligations contained in this Agreement, including but not limited to the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate, government or legal entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we reserve the right (but undertake no duty) to require additional authentication. Moreover, if you purchase or register any two or three character TLD that identically matches an ISO Country Code, you acknowledge, agree and represent that you will take steps to ensure against misrepresenting or falsely implying that you are affiliated with a government or country-code manager if such affiliation, sponsorship or endorsement does not exist. Additionally, you, on behalf of yourself, a corporate entity, government body or legal entity, hereby agree that we have the right to use your name or company logo for our marketing and promotional purposes for as long as you continue to use our Platform.
14. Access to Third Party platforms. The Platform, products, services, TLDs and/or Domain Names may contain links or access to third party sites, services, products or platforms not owned or controlled by us. We assume no responsibility for the content, terms and conditions, policies, or practices of any third party.
15. No Waiver. No failure on our part to exercise any power, right, privilege or remedy under this Agreement, and no delay on our part in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. We shall not be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed by us; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
16. Enforceability. If any provision of this Agreement or the application thereof to any person, entity, or circumstances is determined to be invalid, illegal, or unenforceable in any jurisdiction, the remainder hereof, and the application of such provision to such person, entity, or circumstances in any other jurisdiction, shall not be affected thereby, and to this end the provisions of this Agreement shall be severable. Further any such provision, and this Agreement, shall be enforced in the applicable jurisdiction to the maximum extent permitted by law.
17. Force Majeure. We shall not be liable to you or any third party for any loss or damage resulting from any cause beyond its reasonable control (“Force Majeure Event”) including, but not limited to, insurrection or civil disorder, war or military operations, satellite disruption, national or local emergency, acts or omissions of government or other competent authority, compliance with any statutory obligation or executive order, fire, lightning, hurricane, explosion, flood, subsidence, weather of exceptional severity, and acts or omissions of persons of which we are not responsible.
18. Entire Agreement. This Agreement including the Policies incorporated herein and form a part of it, constitute the entire agreement between the parties concerning the subject matter of this Agreement and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, between the parties with respect to the subject matter expressly set forth herein.
19. Blockchain Data. All data published to any blockchain is PUBLICLY AVAILABLE information. Notwithstanding any privacy-related laws or regulations to the contrary, we will not and cannot delete any data you have provided to us which is subsequently recorded to the blockchain or any other distributed decentralized storage networks. You agree, to the extent you have instructed us, whether explicitly or implicitly (i.e., by submitting it to us on or through the Platform) to so-record such information, to hold us harmless and indemnify us as stated in this Agreement for any claims or damages founded upon the publication of and/or the inability to delete such information. The indemnification in this Agreement shall be construed to include and encompass any third-party damages or claims founded upon your submission of data to us which cannot subsequently be removed or deleted.
20. Governing Law. This Agreement, its interpretation, and all disputes between Pool and/or our agents, affiliates and service providers, and each of their respective directors, owners, officers, employees, contractors, and agents, arising in any manner hereunder, shall be governed by and construed in accordance with the internal laws of the Turks & Caicos Islands, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You agree and submit to the exercise of personal jurisdiction of courts in the Turks & Caicos Islands for the purpose of litigating any such claim or action. BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US, OUR AGENTS, AFFILIATES AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, TURKS & CAICOS ISLANDS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US, OUR AGENTS, AFFILIATES AND SERVICE PROVIDERS ND EACH OF THEIR RESPECTIVE DIRECTORS, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE TURKS & CAICOS ISLANDS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. YOU FURTHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR PRODUCTS, SERVICES, TLDS AND/OR DOMAINS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLASS ACTION LAWSUITS AGAINST US, OUR AGENTS, AFFILIATES AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS ARE BARRED.
21. English Language Controls. Even if this Agreement or any Policies are translated, the English language version of this Agreement and all referenced Policies are the official versions that bind the parties. If there are any discrepancies or conflicts between the English language version and other translated versions, the English language version controls.
22. Survivability. In the event of termination of this Agreement, Section A and C shall survive.
In addition to the terms above, you acknowledge and agree that the following terms also apply:
1. Trademark and Brand Owners: We reserved certain TLDs related to trademarks and brands from registration during our Sunrise Period. If you have a trademark or brand name not on our Sunrise list you can add it during our Sunrise Period (if it hasn’t already been sold or registered prior to processing your reservation request). After the Sunrise Period, the TLDs related to trademarks or brands on the Sunrise list will become generally available if not purchased during the Sunrise Period by a verified trademark or brand; any prior commitments, obligations, pricing, plans or intentions indicated by us for such TLD are void.
We allocate TLDs and/or Domain Names offered on or through the Platform on a first come, first served basis; even if you are a registered trademark owner of a matching TLD and/or Domain Name offered on or through the Platform there is no guarantee you will be allocated or able to register or use the TLD and/or Domain Name. Since TLDs and/or Domain Names provided on or through the Platform are not ICANN-regulated, there are no expedient dispute resolution process (i.e., UDRP and URS do not currently exist for TLDs and/or Domain Names offered on or through the Platform). At all times, you acknowledge and agree that we, our agents, affiliates and service providers, and each of their respective directors, owners, officers, employees, contractors, and agents, shall have no liability of any kind for any direct or indirect loss or liability resulting from the proceedings and processes relating to any process we use for reserving, allocating, selling and/or buying TLDs and/or Domain Names, including without limitation: (a) the ability or inability of any party to obtain a TLD and/or Domain Name including without limitation during our Sunrise Period, or any third party sunrise period for TLDs purchased on or though the Platform, and (b) any dispute, amongst any parties, arising in connection with any of those processes.2. Fees During Sunrise Period. When you apply for a TLD and/or Domain Name offered on or through the Platform during our Sunrise Period we will charge your payment method prior to allocating the TLD and/or Domain Name; if your trademark is not valid or verified, we will refund amounts charged, minus the verification fee as further stated in our Fees.
In addition to the terms above, you acknowledge and agree that the following terms also apply:
1. Selling Domain Names on or through the Platform:
(a) Fees & Commissions for Domain Name Sales. We establish fees and commissions (but not the price) for Domain Names sold by TLD registrants on or through the Platform. We collect amounts directly from third parties purchasing Domain Names on or through the Platform and remit amounts owed to the TLD registrant, if applicable, as payables. We remit such payments to information provided to us by the TLD registrant and may request additional KYC information at our sole discretion; please keep payment information up-to-date on your Platform account. If the TLD registrant has not, or does not, provide and maintain accurate information for receipt of payment (if applicable), we reserve the right, in our sole discretion - where reasonably technically feasible - to withhold any and all amounts otherwise due and owing until such payment information is validated. We also reserve the right - where reasonably technically feasible - to withhold payments to any party until any and all credit card and/or payment obligations transactions have been satisfied by either the TLD registrant and/or the Domain Name registrant, at our sole discretion. If credit card and/or payment obligations have not been satisfied for any reason, no registration or renewal (if applicable) will have occurred and the transaction will not have been completed and as such, no amounts are due to the TLD registrant for such Domain Name(s).
(b) Reserving Names, Setting Prices, Setting Policies. If Pool does not own the TLD, then a third party is the registrant of such TLD and that third party sets fees, pricing, policies, Domain Name availability, Domain Name reservations and Domain Name registration, use and renewal terms and policies for Domain Names sold or registered on such TLD. TLD registrants may elect, in their sole discretion, whether to offer sunrise periods or special launch periods on the respective TLD(s). Pool has no control over third party TLD registrants regarding that election or the fees, policies and terms associated with that offering, but will support their election, to the extent it is reasonably technically feasible. Other than the “Burn Policy” published on the Pool Site, no entity, including without limitation Pool, has control or influence over such TLDs, Domain Names, prices, fees, renewals, expirations, terminations or policies. Upon completion of a transaction between a TLD registrant that is not Pool and a Domain Name registrant, the associated TLD registrant is, and remains, responsible for all policies related to that Domain Name on the associated TLD - as otherwise stated herein; Pool is not responsible or liable for the policies, practices, prices or fees on TLDs it does not own.
2. Buying or Selling TLD(S) and/or Domain Name(s) Outside the Platform: As otherwise stated herein, if you sell or buy a TLD or Domain Name on any website or platform other than the Platform, Pool is not liable, responsible, or in any way related to that transaction. Any and all recourse you have is with and/or against the seller and/or the platform directly.