Epik Marketplace Terms of Service
These Epik Marketplace Terms of Services (“Agreement”) in addition to Our Registration Agreement, Privacy Policy and Universal Terms of Service apply and supplement these Terms (together “Terms”). By using the Marketplace, you explicitly agree to these Terms.
1. MARKETPLACE
The Marketplace provides a platform for notifying parties of the availability of currently-registered, recently-expired, or recently-released domain names that are for sale. By your use of the Marketplace, you understand and agree that while some processes may occur in an auction style format or operate with the label “Auction” or “online auction”, Epik IS NOT an auctioneer or an escrow agent.
2. ACCURATE INFORMATION
To participate in any Marketplace transaction, you must have a valid Epik customer account. You understand and agree it is your responsibility to ensure that all provided information is true and accurate on all forms and requests for information by Epik throughout the Transaction process. You understand and agree that Epik will not be responsible for any false or misleading information you provide, whether intentionally or unintentionally.
3. DOMAIN SALES
(A) You understand and agree that you are participating in the Marketplace by either: (i) placing a Listing in the Marketplace as a seller on behalf of yourself or a third party (“Seller”); (ii) purchasing a domain name through the Marketplace on behalf of yourself or a third party (“Buyer”); or (iii) participating in communications and/or negotiations for the sale or purchase of a domain name in the Marketplace, whether or not such activities result in a completed sale or purchase (together “Transaction”). Your participation in the Marketplace, constitutes an explicit agreement of these Terms for yourself and/or the third party you may represent. You further agree to pay any and all fees, if any, to Epik as set forth on our website and or as may be required by your use of the Marketplace.
(B) Listings. When a Listing is placed on the Marketplace by you, you understand that this means your domain name is available for sale to third parties (“Listing”). You have the ability to place, edit, and remove Listings in the Marketplace by adjusting settings within your Epik account. Further, you acknowledge and agree that Epik will not and does not place Listings on your behalf. Moreover, You understand and agree that you are solely responsible and liable for any domains placed into the Marketplace from your account, whether such placement is intentional or unintentional.
(C) Posted Listing. You represent and warrant that: (i) you have all rights, titles, and interests in the domain name as necessary to complete the Transaction; (ii) the domain name does not infringe upon the intellectual property rights of any third party; (iii) the domain name is not locked or suspended by any registrar or registry; (iv) the domain name is not currently, and will not in the reasonably foreseeable future be, the subject of a UDRP dispute, administrative proceeding, or any criminal or civil litigation of any kind; and (v) you are able to transfer the domain name in accordance with your obligations under this Agreement to the buyer upon completion of the Transaction.
(D) Payment and Transfer. You understand and agree that payment and transfer terms apply to all Transactions (“Domain Sale”). You understand and agree that transfer of the domain name from the Seller’s Epik account to the Buyer’s Epik account will not be completed until Epik has received timely and valid payment. You further understand and agree that the transfer by Epik of any such domain name is done without warranty, and Epik expressly disclaims any and all warranties or representations that the transferred domain name does not infringe upon the intellectual property rights of any third party, or that the transferred domain name has any particular amount of time remaining on its term of registration.
You understand and agree that if you buy a domain name by participating in a Domain Sale, a “buy” lock will be placed on the domain name for sixty (60) days, which prohibits transfer of the domain name to another account or another registrar. For Domain Sales that are leased or financed, the domain name cannot be transferred until the active lease or finance plan has ended (“Registrar Lock”).
You understand and agree that, if you sell a domain name by participating in a Domain Sale, you will receive payment for the domain name in the form of legal currency, minus the Epik Listing Fee in an amount specified on our web site, after a five (5) day Processing Period. By participating in a Domain Sale transaction, You understand and agree that Epik , without liability to you or any third party, may suspend, delete, cancel, interrupt, reverse or otherwise undo a Domain Sale transaction by reversing payment, deleting account credit, moving a domain name back into a Seller’s account or into a separate holding account, or by taking any other action it deems necessary in its sole discretion in the event of dispute, fraud, abuse, mistake, error, or any other circumstances that Epik determines in its sole discretion to necessitate the interruption or reversal of a Domain Sale transaction.
(E) Limitations on Domain Sale. You understand and agree that Epik has no control over, will not and cannot transfer possession of, any service, product, property, intellectual property or anything else other than the domain name identified in the Listing. You understand and agree that Epik may suspend, cancel, or modify performance of the Domain Sale feature, or your use or access thereto, at any time and for any reason, in its sole discretion. You acknowledge and agree that Epik shall have no liability to you for the inability to complete payment or transfer of a domain name, failure of any payment or transfer of a domain name, or the inability to use the Domain Sale feature, regardless of the reason, whether it be technical, administrative, or human error or difficulties on the part of Epik or any other party, or any other reason whatsoever.
(F) Termination of Listing in Marketplace. Sellers may withdraw Listings at any time for any reason by changing the domain settings within their Epik accounts. Listings may also be terminated if a domain name is disabled, suspended, or removed from the Seller’s customer account for any reason, including but not limited to pushing the domain to another account, transferring the domain to another registrar, or expiration of the domain.
(G) Completed Sales. Once the Domain Sale is complete, you acknowledge and agree that the term of registration is whatever period remains on the Seller’s initial registration term at the time of the Domain Sale. You understand and agree that you may extend the domain name registration term by renewing the domain pursuant to the terms set forth in the Terms.
(H) Disputes. In the event of a dispute concerning, relating to, or arising out of a Listing, you understand and agree that Epik shall not participate in any such dispute, and you explicitly agree not to name Epik as a party to any lawsuit, administrative proceeding or criminal investigation. All other disputes shall be governed by the Terms.
4. EXPIRED DOMAIN SALES
(A) From time to time, Epik may list for sale domain names that have entered into a Post-Expiration period for their original registration (“Expired Domains”). Transactions involving Expired Domains may utilize an auction format. Any such sale will not be final until the end of the Post-Expiration period for the Expired Domain. During the entire Post-Expiration period, the original registrant has the right to renew the Expired Domain, regardless of any payments You may make in an effort to purchase the Expired Domain. By bidding on the Expired Domain, you as Buyer acknowledge and agree that if you/Buyer has the winning bid, the transfer of the Expired Domain will not be completed until after the Post-Expiration period lapses. If the Expired Domain is renewed by the original registrant, you will receive an account credit for the full purchase price, or, at Epik’s sole discretion, a refund.
(B) Commencement of Expired Auctions. Most expired auctions commence approximately thirty-four (34) days after the expiration date of the original domain name registration.
(C) Payment and Transfer. You understand and agree that transfer of ownership will not be completed until: (i) the Post-Expiration period for the domain’s original registration has elapsed, and (ii) Epik has received your timely and valid payment. You further understand and agree that the transfer by Epik of any Expired Domain to Buyer is done without warranty, and Epik expressly disclaims any and all warranties or representations that the Expired Domain does not infringe upon the intellectual property rights of any third party. For all completed Listings, valid payment must be received within forty-eight (48) hours from the close of the auction (“Payment Window”). You understand and agree that You bear the sole responsibility for making timely and valid payment, and that Epik disclaims any responsibility for failed or unreceived payment, regardless of reason or fault. In the event that Epik does not receive your timely and valid payment, you will immediately lose the right to purchase the domain.
(D) Termination of Expired Auctions. Expired auctions terminate at the date and time stated therein. Expired auctions may be interrupted and canceled for reasons including, but not limited to, if a domain is renewed by the original registrant or if a domain name is removed from the original registrant’s account for any reason.
(E) Completed Transactions. Once you have received use, possession, and/or control over the domain you have purchased, normal terms and conditions of domain name registrations as set forth on Epik.com apply. This includes your explicit agreement to Epik’s Domain Registration Agreement. You acknowledge and agree that the term of the registration is whatever period is so stated in the expired auction description at the time of closing, or so stated in the domain’s settings and/or summary once placed into your Epik account.
(F) All Sales Final. All Completed Transactions are final, irreversible, non-refundable, and ineligible for account credit.
(G) Disputes. In the event of a dispute concerning, relating to, or arising out of an Expired Auction Transaction, You agree to be bound by Epik’s dispute resolution policy set forth in our Domain Registration Agreement.
5. USER INFORMATION DISPLAYED
If You participate in a Marketplace Transaction, You understand and agree that Epik shall have the right to display certain information, including, but not limited to, the domain name sold or purchased, information about the timing of the sale or purchase, and the eventual sale or purchase price.
6. INTERRUPTION OF SERVICES
You agree that Epik, in its sole discretion and without liability to you for any resulting loss or damages, may take immediate corrective action, including, but not limited to, removal of all or a portion of any Marketplace Listing and/or deletion, suspension, cancellation, termination, or other interruption of your customer account with Epik, at any time during the term of this Agreement, in the event of notice of any possible violation of this Agreement by you, or if such service or account violates our Terms, or for any reason whatsoever. In such cases, any and all fees paid to Epik shall be non-refundable and ineligible for account credit.
7. ADDITIONAL WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
EPIK IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR MARKETPLACE CONTENT AND TRANSACTIONS, AND THE TRUTH, ACCURACY, AND LEGALITY THEREIN. YOU AGREE THAT EPIK SHALL HAVE NO LIABILITY TO YOU DUE TO ANY CORRECTIVE ACTION TAKEN BY EPIK IN RESPONSE TO YOUR ACTIONS OR FAILURES TO ACT.
You understand and agree that Epik has no obligation to monitor the Marketplace, but reserves the right in its sole discretion to do so. Epik reserves the right to edit Marketplace content at any time and for any reason in its sole discretion.
You understand and agree that you alone bear the sole responsibility of verifying the truthfulness and accuracy of information contained in Marketplace Listings. You understand and agree that your participation in a Transaction is fully at your own risk. You further agree that Epik shall have no responsibility or liability whatsoever with respect to any Listing or any domain name registered, purchased, or sold by you in our Marketplace or as a result of any Listing in our Marketplace, or with respect to the failure of any Listing Transaction.
You agree that, from time to time, the Marketplace may be inaccessible or inoperable for any reason, including but not limited to: (i) periodic maintenance procedures or repairs; (ii) equipment failures and malfunctions; or, (iii) causes beyond Epik’s control or which are not reasonably foreseeable by Epik, including, without limitation, interruption or failure of telecommunication or digital transmission connections, hostile network attacks, network traffic and congestion, or other failures. You agree that Epik shall not be liable to you for any such periods of inaccessibility or inoperability under this provision.