These Platform Terms of Service (“Terms of Service”) govern your use of offerings Pool.com Limited is making available on or through www.pool.com, blockchain technology(ies), and/or other websites or platforms owned or managed by Pool.com Limited (collectively “Platform”) managed by 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”). If you wish to use additional Pool products or services, we may require additional agreements or terms. For example, if you register a TLD or Domain Name offered on or through our Platform, you will be required to enter into the TLD and Domain Name Agreement as part of that process and your registration will be governed by that agreement (“Agreement”), if applicable to you, if any conflict arises or exists between the Agreement and this Terms of Service, the then-current terms of the Agreement posted on the Pool Site shall prevail.
You may not use the Platform if you are not at least 18 years of age, or if you are barred from receiving the Platform under the laws of the country in which you are a resident or from which you wish to access the Platform. This Terms of Service incorporates the Privacy Policy. The Privacy Policy applies to Personal Information that Pool collects from and about you.
By using the Platform you agree to:
In connection with your use of the Platform, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
The Platform and the content provided on the Platform are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.
If you are given the opportunity to download content on the Platform, you may do so only to the extent authorized for that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content nor may you copy or distribute the content or create a derivative work unless you are authorized to do so.
ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
You may not use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Searches using the Platform may produce search results and links to websites, platforms, TLDs or Domain Names that some users find objectionable, inappropriate, or offensive. Pool reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Platform. Your dealings with advertisers and third parties found on or through the Platform, including your participation in promotions, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Pool does not make any representations or warranties with respect to any goods, websites, platforms, TLDs or Domain Names that may be obtained from such third parties, and you agree that Pool will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on the Platform.
You may not use or allow others to use Platforms to email, instant message, voice mail, chat, send spam (e-mail) and spim (instant messages), or send any other unsolicited bulk communication. You may not access the Platform to harvest or collect any information about our users for any purpose without our express written authorization.
If you are authorized to use the Platform,, we grant you a personal, non-exclusive, non-transferable, limited license to use our software to connect to and use the Platform. You may not copy, sell, reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Platform. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.
Your use of the Platform must comply with all applicable import and export control laws and regulations and you must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to Platforms that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software. The assurances and commitments contained in this section shall survive termination of this Terms of Service.
THE PLATFORM, PRODUCTS AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM, PRODUCTS OR SERVICES 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 AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM CONTENT OR THE CONTENT OF ANY TLDS OR DOMAIN NAMES LINKED TO 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 ANY 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.
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). 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. 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 OUR 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 AGREE THAT THE RIGHTS STATED HEREIN SURVIVE TERMINATION OF ANY THIRD PARTY AGREEMENTS YOU ENTER INTO AND THIS AGREEMENT.We will maintain certain data that you transmit to or through the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Notwithstanding any privacy-related laws or regulations to the contrary, all data published to any blockchain is PUBLICLY AVAILABLE information. 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 through the Platform) to so-record such information, to hold us harmless and indemnify us (in the manner of the previous section) for any claims or damages founded upon the publication of and/or the inability to delete such information. The indemnification of the previous section 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.
This Terms of Service along with any supplemental terms or policies posted on the Platform constitute the whole legal agreement between you and Pool regarding your use of the Platform. We may change or improve any of our products or services, or the Platform. We may also modify this Terms of Service from time to time. If you do not agree with the changes, simply stop using the product, service or the Platform. You may also elect to cancel any fee-based product or service before the changes take effect. Your use of the Platform after the effective date of any changes means that you agree to the changes. To prevent violations and enforce this Terms of Service and remediate any violations, Pool reserves the right - where reasonably technically feasible - to take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of a Platform after the date such revised Terms of Service are posted.
This Terms of Service does not replace, modify, or limit in any way any contract or agreement between you and Pool with respect to reservation or registration of a TLD or Domain Name offered on our Platform, including, without limitation, the TLD and Domain Name Agreement. If there is a conflict between this Terms of Service and any additional terms you enter into regarding any product, service or the Platform, the additional terms will control for that conflict. These terms control the relationship between Pool and you. They do not create any third party beneficiary rights.
In any dispute with us, your sole remedy is to stop using the Platform, products or services. This includes any dispute related to, or arising out of: (1) any term of this Terms of Service or our enforcement or application of this Terms of Service; (2) any Policies posted on the Platform, or our enforcement or application of those policies; (3) the content available on the Platform or the Internet or blockchain or any change in content provided by us; or (4) your ability to access or use the Platform.
You agree that any claim or cause of action arising out of your use of the Platform must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Pool to enforce or exercise any provision of this Terms of Service or related right shall not constitute a waiver of that right or provision. If a court of law finds that any provision of this Terms of Service is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
You agree that the laws the Turks & Caicos Islands govern this contract and any claim or dispute that you may have against us, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a court located in the Turks & Caicos Islands and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION STATE OF TURKS & CAICOS ISLANDS AND VENUE IN COURTS IN TURKS & CAICOS ISLANDS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; 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.
We may assign this Terms of Service at any time without notice to you. Registrations, agreements, and terms presented electronically by Pool are legally enforceable as a signed writing. You consent to receive all communications regarding Platforms electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. We are not responsible for communications that do not reach you if you have not provided us with your current contact information.