Privacy Policy

DigiPawn Terms of Service Agreement

Welcome to DigiPawn! We're glad you've chosen to visit DigiPawn and are eager to be of service to you. DigiPawn (www.digipawn.com) is the industry leader in domain name pawns, sales and brokerage. Your use of this site and the services provided herein (hereafter "Services"), including but not limited to any information that you gather herein us as well as any information provided to us through your registration as a Registered User, is governed by this DigiPawn Terms of Service Agreement (hereafter referred to as "Agreement") and any disputes that may arise are governed by the policies and terms contained herein. Your use of this site represents your acceptance of this Agreement. This Agreement contains the terms and conditions applicable to your use of our Services offered or available under or through the domain, sub-domains, and affiliated domains and sites of www.digipawn.com (all of which shall be collectively referred to as the "Site"). IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR ANY SERVICES OFFERED ON THE SITE.

1. Privacy Policy
In addition to this Agreement, DigiPawn has developed a Privacy Policy detailing our use of your personal information and the protection of your privacy. The Privacy Policy as amended from time to time, may be viewed at www.digipawn.com/policy and is incorporated herein by reference. You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Site or the Services or become a Registered User of the Site. This Agreement is effective upon the earlier of: (i) your first use of the Site for any reason; (ii) acceptance of this Agreement by registering for the Site; or (iii) the Effective Date noted on the posted version of the Agreement

2. Eligible Users
Use of the Site and Services is restricted to persons at least 18 years old. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are not yet 18, do not have the capacity to enter into contracts, if you are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site or the Services. Accessing DigiPawn's services, products or contents available on our Site from places where the content on this Site is illegal, is expressly prohibited. If you choose to access our Site from other locations you must do so on your own initiative and voluntarily at your own risk and you are solely responsible for compliance with local laws. DigiPawn expressly excludes any and all liability for the application of local laws to your use of the Site and you are warned to ascertain the applicability of local laws upon your use of the Site and Services. None of the information on this Site may be downloaded, exported or re-exported into any country or jurisdiction with laws or restrictions prohibiting same. By using this Site, you represent and warrant that you are not a citizen of or a resident in any of these countries or jurisdictions, and that your use of the site is lawful in your location and your country of residence.

3. Modification of This Agreement
DigiPawn may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 am on the date of posting. Except as provided in this Section 3, this Agreement may not be amended or modified except in a writing signed by you and DigiPawn.

4. Acceptable Use
If you violate the Acceptable Use terms described herein, DigiPawn may, in its sole discretion, with or without notice, terminate your access to the Site and Services.

Your right to use the Site is personal to you. As a condition of your use of the Site, you warrant to DigiPawn that you will not use the Site for any purpose that is unlawful, or prohibited by this Agreement. Prohibited uses include, but are not limited to, competitive analysis (including providing screen shots, which are copyrighted material owned by DigiPawn) and data mining or scraping through the use of robots, spiders, or otherwise.

In addition, you hereby represent and warrant that: (a) you are an eligible user (see Section 2, Eligible Users); (b) you have provided accurate and complete information in connection with your registration and use of the Site (all such information collectively referred to as "Your Information"), and (c) you will update DigiPawn to insure that Your Information remains accurate and complete.

In addition, you may not use the Site or the Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs); (d) sell, distribute, disseminate or link to any sites for any goods or services that infringe or otherwise violate a third party's rights, including goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause DigiPawn to violate any law, statute or regulation; (e) harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a name in connection with your use of the Site that is confusing or misleading to registered users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any "junk email," "Spam," "chain letters," "pyramid schemes," or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); or (i) violate any applicable government laws or regulations. DigiPawn does not condone or allow Spam. DigiPawn will cooperate with legal authorities and Internet Service Providers in releasing information about users who violate this Acceptable Use Policy.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information.

You agree not to share any information provided to you by or on behalf of DigiPawn with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by DigiPawn via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site.

DigiPawn is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, DigiPawn reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in DigiPawn's sole discretion, without notice at any time.

DigiPawn may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice.

You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by DigiPawn as part of the registration process, and for any use or misuse of your account or the Services or the Site resulting from any third party using a password or login name issued to you.

You agree that you will notify DigiPawn immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.

5. Fees
Joining and registering for DigiPawn's Site is free. We do charge fees for our Services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services as you choose to utilize those services. You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses related to the Services or your activity conducted through the Site as set forth in the site.

DigiPawn provides pawn brokerage services for domains and other intellectual property. You understand that prior to the advancing of any money to you by DigiPawn; you must first register to use the Site and Services as set out above. Once you have registered we will be happy to evaluate your domain(s) and other intellectual property for a possible Advance of money. We will then make you an offer to pawn the domain(s) and other intellectual property. The DigiPawn Pawn Ticket and Agreement will specify the terms of repayment for any Advance that may be offered to you. All terms of the DigiPawn Pawn Ticket and Agreement are incorporated herein by reference.

Another Service offered by DigiPawn is domain brokerage. Listing a domain for sale on DigiPawn is absolutely FREE. We operate on a commission basis, so you are only charged if we successfully find a buyer for your domain. Once a buyer is found, DigiPawn's commission fee is only 10% (some minimum commissions may apply), and this fee does not include additional DigiPawn services.

DigiPawn may, in its sole discretion, add, delete or change any of the Services provided or fees charged by DigiPawn. DigiPawn's standard fees and any changes will be posted to the appropriate pricing page, and the applicable Services and fees will be binding on the effective date noted on the applicable page. No advance notice is required for any prospectively-effective change in Services offered or fees charged therefor. The right to change fees for DigiPawn Services does not apply to pawn transactions that have already been contracted.

Unless otherwise stated, all fees and currency amounts are quoted in U.S. Dollars

6. Specific Services and Applicable Terms
The following terms and conditions pertain to particular Services offered by DigiPawn or through the Site.

6.1. Domain Pawn Shop
All terms and provisions of the DigiPawn domain pawn shop are governed by the separate DigiPawn Pawn Ticket and Agreement as referenced above and included herein by reference as if fully set out herein.

6.2 Affiliate Program
DigiPawn offers an affiliate program for users who wish to promote the DigiPawn Domain Pawn shop. DigiPawn will pay a commission based on the Advances generated by the promotion efforts of the users. The Affiliate Program requires a separate registration and the consent to a separate Terms of Service.

6.3 Domain Sales Database
DigiPawn and the Site may also serve as a venue to allow users to offer to sell and buy domain names, complete web sites, and/or web-based businesses (collectively referred to as "Domains"). DigiPawn only gets involved in a resulting transaction to collect a fee for Services, or as otherwise agreed by all parties.

Except as otherwise provided, users may offer their Domains for sale or lease ("Sellers") free of charge. Sellers are free to retract their Domains from the Domain Sales Database at any time without cost unless their Domain is subject to an Exclusive Brokerage agreement, active negotiation, or pending transfer. DigiPawn charges Sellers a commission for sales completed as a result of DigiPawn's Services.

Domain names are the result of, and are subject to all of the conditions, limitations, and restrictions contained in, domain name registration agreements between the Seller and a third-party domain name registrar or other service provider. As such, the transferability of domain name registration may be limited, prohibited, or otherwise subject to conditions imposed by the domain name registrar or service provider. Nothing in this Agreement or on the Site shall be construed to imply that the Seller possesses any rights to a Domain beyond those specified in the Seller's agreement with the relevant domain name registrar or service provider. The term "Domain" as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular domain name under its domain name registration agreement with a domain name registrar or other service provider as well as any content available at or through a particular URL.

As a Seller of a Domain listed on the DigiPawn database, you represent and warrant that: (1) you have registered the Domain with the appropriate Domain registrar or other registration authority; (2) your registration of the Domain is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain registrar or other registration authority; (3) you have not taken any action that would impair your ability or right to transfer the Domain registration and no such action has been taken against you; (4) the Domain is not the subject of any legal proceedings challenging your right to register or use the Domain; (5) you will accurately describe the subject listing; and (6) you own and have the right to sell the content, if any, listed as part of your Domain. You will not under any circumstances list or transfer the rights to any Domain that you do not have sufficient rights to transfer or that is illegal to transfer under applicable law. DigiPawn has the sole and exclusive right to refuse to list, or remove the listing for, any Domain which, in DigiPawn's sole discretion, infringes or violates the proprietary rights of any third person or any other Domain, or which in DigiPawn's sole discretion, is inflammatory, offensive, inconsistent with DigiPawn's general policies or Acceptable Use terms, or otherwise may infringe any proprietary right of any third party. If your offer to transfer the Domain is accepted, you must complete the transaction with a ready, willing, and able Buyer.

The responsibility for the content of the entered listings, including the accuracy of any statistics, lies exclusively with the respective Sellers, Buyers, and users. DigiPawn shall not be liable for legal transactions or other acts of the Domain Sales Database users. This also applies to any violations of rights of a third party through the entry of a domain name in the Domain Database, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights.

7. Liability Disclaimer and Indemnification
DigiPawn is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by DigiPawn or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the DigiPawn Site. By providing access to other web Sites, neither DigiPawn nor its affiliates are recommending or endorsing any products or services offered by any web site's sponsoring organization or any other third party.

YOU AGREE THAT USE OF DIGIPAWN'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. DIGIPAWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIGIPAWN MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES DIGIPAWN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY DIGIPAWN IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM DIGIPAWN OR THROUGH THE SERVICES PROVIDED BY DIGIPAWN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or DigiPawn's products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Any litigation resulting from this Agreement shall be conducted in a court of competent jurisdiction in Atlanta, Georgia. You expressly agree and understand that either party may seek any interim or preliminary relief from a court of competent jurisdiction in Atlanta, Georgia necessary to protect the rights or property of either party pending the completion of arbitration.

IN NO EVENT SHALL DIGIPAWN, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). DIGIPAWN'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD DIGIPAWN AND (AS APPLICABLE) DIGIPAWN'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OFANY LAW OR THE RIGHTS OF A THIRD PARTY.

8. Intellectual Property
All content, database information, data and services available on, and collected as a whole through this Site are property of DigiPawn, its affiliates, advertisers and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DigiPawn and are protected by United States and international copyright laws. DigiPawn, the domain www.digipawn.com and all other service marks included on this site are registered service marks of DigiPawn and/or its affiliated, related companies, subsidiaries or assigns. All other graphics, logos, headers, button icons, scripts, and service names are service marks of DigiPawn and are copyright protected by DigiPawn, its affiliated and related companies, subsidiaries and assigns. No use of any DigiPawn service mark may be made without the express written permission of DigiPawn. All rights not expressly granted herein are fully reserved by

9. Term and Termination
Until and unless terminated by you or DigiPawn, your status as an eligible or registered user will continue indefinitely, and fees for Services will be charged as described herein, posted on the Site or as contained by separate agreement. DigiPawn may terminate this Agreement and your access to the Site and related Services at any time, with or without cause, and with or without notice.

Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or DigiPawn's systems. DigiPawn is under no obligation to maintain any such data or information.

Your obligations pursuant to Section 4 (Acceptable Use), Section 5 (Fees), Section 6 (Privacy), Section 7 (Liability Disclaimer and Indemnification), Section 8 (Intellectual Property), Section 9 (Term and Termination), and Section 10 (General) shall survive the termination of this Agreement and your right to use the Site.

10. General
DigiPawn manages the Site from its offices in Atlanta, Georgia and all transactions contemplated by this agreement are agreed to be consummated in Atlanta, Georgia. This Agreement is governed by the laws of the State of Georgia, USA, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in Atlanta, Fulton County, Georgia, USA in all disputes arising out of or relating to the Site. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against DigiPawn or its affiliates in any dispute arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DigiPawn as a result of this Agreement or use of the Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and DigiPawn with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DigiPawn with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of DigiPawn to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, DIGIPAWN may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.

11. How to Contact DigiPawn
DigiPawn, Inc.
405 Brentwood Drive
Atlanta, Georgia 30305
USA