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Purchase Agreement

Last updated 09.07.2022


THIS DOMAIN NAME PURCHASE AGREEMENT (THE PURCHASE AGREEMENT) GOVERNS YOUR PURCHASE OF A DOMAIN NAME THROUGH OUR WEBSITE, THE HOME PAGE OF WHICH IS LOCATED AT HTTPS://WWW.GEMBOX.CC (THE SITE). PLEASE READ THIS PURCHASE AGREEMENT CAREFULLY, BECAUSE IT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES WITH RESPECT TO YOUR PURCHASE OF ANY DOMAIN NAME THROUGH OR IN CONNECTION WITH THE SITE. IF YOU DO NOT ACCEPT THE TERMS OF THIS PURCHASE AGREEMENT, DO NOT PURCHASE ANY DOMAIN NAME THROUGH THE SITE. BY SUBMITTING AN ORDER TO PURCHASE A DOMAIN NAME THROUGH THE SITE, YOU SIGNIFY THAT YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, WILL ABIDE BY, AND AGREE TO BE BOUND BY THIS PURCHASE AGREEMENT, WHICH, TOGETHER WITH OUR PRIVACY POLICY, AND ADDITIONAL TERMS (EACH AS DEFINED IN OUR TERMS OF USE), ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, FORM THE COMPLETE AGREEMENT BETWEEN YOU AND US GOVERNING YOUR USE OF THE SITE (COLLECTIVELY, THE AGREEMENT). AS USED IN THIS AGREEMENT, THE WORDS YOU AND YOUR REFER TO EACH USER OF THE SITE (AND ANY COMPANY OR OTHER ENTITY A USER MAY REPRESENT) THAT PURCHASES A DOMAIN NAME THROUGH THE SITE, AND THE WORDS WE, US, OUR AND ANY OTHER VARIATION THEREOF REFER TO GEMBOX DOMAINS, WHO IS THE OWNER OF THE SITE. CAPITALIZED TERMS USED BUT NOT DEFINED IN THIS PURCHASE AGREEMENT HAVE THE MEANINGS ASCRIBED TO THEM IN THE TERMS OF USE OR ELSEWHERE IN THE AGREEMENT (AS APPLICABLE).


BY PURCHASING A DOMAIN NAME THROUGH THE SITE, YOU REPRESENT AND WARRANT THAT (A) YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO AND ABIDE BY THIS AGREEMENT, (B) YOU ARE AT LEAST 18 YEARS OF AGE, (C) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A EUROPEAN UNION EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE EUROPEAN UNION AS A "TERRORIST SUPPORTING" COUNTRY, AND (D) YOU ARE NOT LISTED ON ANY EUROPEAN UNION LIST OF PROHIBITED OR RESTRICTED PARTIES. THE SITE IS INTENDED SOLELY FOR USERS WHO ARE 18 YEAR OF AGE OR OLDER. ANY REGISTRATION BY, USE OF OR ACCESS TO THE SITE BY ANYONE UNDER 18 IS UNAUTHORIZED AND CONSTITUTES A VIOLATION OF THE AGREEMENT.


1. Purchase and Payment.


2. Domain Name Transfer.


3. Disclaimer of Representations and Warranties.


4. Your Representations and Warranties.

You represent and warrant that: (a) you have all necessary and sufficient right, power and authority to purchase any Domain Name you purchase on or through the Site, to enter into the Agreement, and to perform all of your obligations required hereunder and thereunder, (b) neither you nor any other person, entity or organization to the best of your knowledge, information or belief has any intellectual property (including, without limitation, trademark) or other right or claim in, similar to, identical to, or related to any Domain Name (each, a Conflicting Claim), (c) you will not ever allege, make or prosecute, or assist any other person, entity or organization in alleging, making or prosecuting, any claim, demand, suit, action or proceeding, in any way based on any Conflicting Claim, and (d) by purchasing a Domain Name, you irrevocably waive any and all Conflicting Claims relating to such Domain Name and forever release Gembox Domains and our Related Parties from any and all such Conflicting Claims. To the extent that any of the foregoing is determined to be invalid or unenforceable in whole or in part for any reason, you agree that your ability to purchase the Domain Name for the price offered by Gembox Domains constitutes sufficient consideration in settlement of all Conflicting Claims.


5. Indemnification; Release Limitation of Liability.


6. Governing Law; Venue.

This Purchase Agreement is governed by and will be construed in accordance with the internal laws of Germany applicable to contracts made and to be performed entirely therein, interpretation or enforcement of this Purchase Agreement to the substantive of Laws of any other jurisdiction, foreign or domestic. All proceedings, disputes, claims and/or controversies in any way relating to or arising out of any Purchased Domain Name, any matter addressed in this Purchase Agreement, the Site, and/or the Agreement otherwise (collectively, Disputes) must be pursued, prosecuted and conducted on an individual basis only and not in a class, consolidated or representative action. In addition, no Dispute between Gembox Domains and another person or entity may be consolidated by any person or entity other than Gembox Domains with any other Dispute between Gembox Domains and any other person or entity. All Disputes must be brought and heard exclusively (a) for those brought by you, in the courts of Germany, or, if a basis for european jurisdiction exists, in the European Union by us or any of our Related Parties, in the courts referenced in clause (a) above, or in any other court located in a jurisdiction in which you reside, are organized or are incorporated (if applicable), and/or from where you accessed the Site and/or effected the purchase of any Domain Name. You hereby irrevocably consent to the personal and subject matter jurisdiction of such courts and waive any claim that such courts represent an inconvenient or otherwise inappropriate venue or forum. Gembox Domains controls and operates the Site and makes all decisions relating to Domain Names offered for sale on or through the Site from our offices in Eggering 19, 33184 Altenbeken, Germany.


7. Assignment; Successors.

Neither this Purchase Agreement nor any of your duties or obligations under this Purchase Agreement may be assigned by you without our prior written consent. This Purchase Agreement will be binding on you and your successors and assigns and inure to the benefit of you and those assigns we may permit in accordance with the preceding sentence. This Purchase Agreement will be binding on and inure to the benefit of Gembox Domains, its successors and assigns.


8. Entire Agreement.

This Purchase Agreement and the other elements of the Agreement contain the sole, complete and entire agreement between the parties hereto regarding the subject matter hereof and supersede all prior and contemporaneous negotiations, agreements, commitments, promises, understandings, writings, proposals, representations and communications (whether oral, written or electronic, and whether express or implied) of either party relating to any subject matter contained in, addressed or referenced in any part of the Agreement. No modification or amendment of the Agreement will be effective against Gembox Domains or any of its Related Parties unless and only to the extent it is set forth in a writing signed by an authorized representative of Gembox Domains, which authorization must be confirmed by you prior to any reliance thereon. The section titles in this Purchase Agreement are for your convenience only and do not have any legal or contractual effect.


9. Notices.