Terms of Service
ACCEPTANCE OF TERMS
Frager Creative Inc. welcomes you. Frager Creative Inc. provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition, when using particular Frager Creative Inc. services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Frager Creative Inc. may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF SERVICE
Frager Creative Inc. provides users with the ability to list their domains for sale under the following terms and conditions:
Members may list up to five (5) domain names for sale at no cost provided that the prices are non-negotiable and must be under $1,000.00 US.
Once the names are loaded and priced by you, the self-serve capability of the account is locked. Any adjustments to the price, category or description will be made by Frager Creative Inc. representatives for a service fee of $20 per names.
The listing will be for a period of six (6) months, and any unsold domain names at the end of that period will be removed by Frager Creative Inc..
The email address of the seller/member shall be listed with the domain names and any purchaser shall contact the seller directly and not through Frager Creative Inc..
The FREE LISTING provision above is for new members only and is available for a limited time. This provision may be removed by Frager Creative Inc. at any time without notice.
Domain names may be listed for sale by any member at a cost of $20 per listing and may remain listed for up to three (3) months.
All payments shall be made to Frager Creative Inc. through Paypal. Payment must be received by Frager Creative Inc. before any domain names will be listed.
Frager Creative Inc. will provide at the request of the member, ?Premium Marketing Campaign Services? to include copywriting, graphics and a page to link to, for any ad and minimal SEO for member at a cost of up tp $200.00 US or less payable by PayPal in advance. This fee and other charges may be increased or decreased by Frager Creative Inc. at any time without notice.
Frager Creative Inc. reserves the right to reject names without explanation and will not charge a fee for any domain names so rejected. All domain names are subject to review by Frager Creative Inc. and though initially accepted, may subsequently be rejected without explanation by Frager Creative Inc..
Frager Creative Inc. may institute a V.I.P. SERVICE containing additional options which are not part of this agreement, but member will still be subject to the terms of this agreement and the V.I.P. SERVICE shall only act as a supplement to the services provided herein.
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Frager Creative Inc. to provide the Service. You also understand and agree that the Service may include certain communications from Frager Creative Inc., such as service announcements, administrative messages and the Frager Creative Inc. Newsletter, and that these communications are considered part of Frager Creative Inc. membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Frager Creative Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
1. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Frager Creative Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Frager Creative Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Frager Creative Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Frager Creative Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
2. MODIFICATIONS TO SERVICE
Frager Creative Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Frager Creative Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
3. TERMINATION
You agree that Frager Creative Inc. may, under certain circumstances and without prior notice, immediately terminate your Frager Creative Inc. account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Frager Creative Inc. account includes (a) removal of access to all offerings within the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Frager Creative Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
4. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Frager Creative Inc. has no control over such sites and resources, you acknowledge and agree that Frager Creative Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Frager Creative Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
5. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Frager Creative Inc. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Frager Creative Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
6. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
7. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
8. NOTICE
Frager Creative Inc. may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
9. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Frager Creative Inc. and governs your use of the Service, superseding any prior agreements between you and Frager Creative Inc. with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Frager Creative Inc. services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Frager Creative Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Frager Creative Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County, Florida.
Waiver and Severability of Terms. The failure of Frager Creative Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Frager Creative Inc. account is non-transferable and any rights to your Frager Creative Inc. ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.