Website Terms and Conditions of Use
ACCEPTANCE OF TERMS
By browsing and/or using this website in any way (collectively, including all Content available through the Pukka.com domain name, the "Pukka Website", or "Website"), you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that Pukka, may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use Pukka.com. Pukka may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link in the footer of Pukka.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
THE PUKKA SITE
These Terms of Service apply to all users of the Site, including users who are buyers, sellers and contributors of content, feedback, blogs, forums discussions, chats, directory listings, and other materials or services on the Website. The Site may contain links to third party websites that are not owned or controlled by Pukka. Pukka has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve Pukka from any and all liability arising from your use of any third-party website.
LIABILITY
You will not hold Pukka responsible for other users' actions or inactions, including things they post. The Site is merely a venue to allow anyone to offer, sell, and buy brands, logos, domains and business names (among other things) anytime, from anywhere, in a variety of pricing formats and venues, such as pre-made and customized products. Pukka is not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
TRADEMARKS
For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Pukka. Nothing contained herein grants or shall be construed to grant you any rights to use any Pukka Trademark, unless expressly conferred by these Terms of Use.
You agree that you will not use Pukka's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Pukka.
You agree that you will not contest or otherwise challenge (i.e., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Pukka Trademarks or the Trademark rights claimed by Pukka.
You agree that you will not use any Pukka Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a meta tag, keyword, or any other type of programming code or data. You may not at any time, adopt or use, without Pukka's prior written consent any word or mark which is similar to or likely to be confused with Pukka's Trademarks.
The look and feel of the Pukka website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Pukka and may not be copied, imitated or used, in whole or in part, without the prior written consent of Pukka.
You may not use an Pukka trademark, logo, Image or other proprietary graphic of Pukka to link to the Pukka website without the prior written consent. All other trademarks, product names, and company names or logos used or appearing on the Site are the property of their respective owners.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pukka, unless expressly so stated.
POSTING RESTRICTIONS
You agree to not post anything on the site, including brands, domains, logos, comments, feedback, or other, which is:
1. Abusive, threatening, pornographic, or obscene;
2. Contains viruses, Trojan horses, worms, malicious script or other contaminating or destructive features;
3. Violates third party rights, including any copyright, trademark, patent, trade secret or right of privacy; or 4. Violates any applicable law.
REFUND POLICY
Unless otherwise provided by law, all charges are non-refundable unless stated otherwise.
SELLER/UPLOAD AGREEMENT
This is a Contract between any Member intending to upload data onto the website (“Seller”) and Pukka. For the purposes of these Terms of Use, the term, “Supplier Content” means and includes (i) all print and website templates and other digital designs, including digital embodiments thereof uploaded by the Seller to the Site, and (ii) any related descriptive or other information or data provided by the Seller.
1. Intellectual Property
Seller hereby grants to Pukka a royalty-free, worldwide license and right to copy, display, market, use, perform, distribute, and modify Supplier Content, as further set forth below (the “Seller-License”). All intellectual property rights, if any, in and to any modifications to Supplier Content, including any derivative works, made by Pukka are hereby assigned to Seller (“as is”, without warranty or representation of any kind), subject only to the Seller-License, and shall also constitute “Supplier Content” for the purposes of these Terms of Use. Seller hereby grants the following license and rights to Pukka (the “Seller-License”):
a. The royalty-free, worldwide, perpetual license and right to use, post, reproduce, distribute, publish, transmit, package, repackage, modify, and publicly perform or display Supplier Content and Supplier’s trade- and service marks in connection with Pukka’s marketing or other business operations, including the right to utilize, create, produce, and publish descriptions of the Supplier Content on the Site and the right to use, post, reproduce, distribute, publish Supplier Content and Supplier’s trade- and service marks for Site marketing, sales, and promotional purposes whether on the Site or through other websites or third parties; and
b. As to any Supplier Content, the Seller-License set forth in the preceding subparagraph (1.a.) shall continue and shall be exclusive to Pukka until sixty days (60) after Pukka’s receipt of written notification from Seller that Seller wishes to remove such Supplier Content from the Site.
Pukka’s Terms of Use prohibit any Supplier Content or any other material that infringes on any patent, trademark, copyright, trade secret, right of privacy, or any other applicable law or proprietary right to be uploaded to the Site. By uploading Supplier Content, the Seller warrants that he/she owns all proprietary rights, including copyright, in and to the Supplier Content. If Supplier Content is posted for sale, the Seller hereby grants Pukka the right to transfer full ownership of such Supplier Content to a purchasing member of Pukka in accordance with these terms. It is agreed that all rights, including title and copyright, in and to the uploaded Supplier Content is retained by the Seller until sold, and that no title or copyright transfers or is granted to Pukka or any third party until sold.
The Seller acknowledges that no monetary or financial compensation is owed or required to be paid to the Seller by Pukka or any of its directors, officers, employees, partners, agents or members for the rights granted herein by the Seller. Notwithstanding the foregoing, Pukka currently acknowledges that its policy is to provide certain payments to the Seller whenever Supplier Content uploaded by the Seller is sold.
The parties agree that Pukka may amend such policy as reasonable business objectives may from time to time require. The Seller agrees that neither Pukka nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Supplier Content. The Seller further acknowledges that he/she is legally responsible for any challenges made by a third party regarding copyright in the Supplier Content.
2. Pukka Fees
Except as otherwise noted, creating a user account with Pukka is free. Pukka does charge fees for brand and domain sales related services and you are given an opportunity to review and accept the fees that will be charged in connection with certain services. Pukka may, in its sole discretion, add, delete or change any of the services provided or fees charged. No advance notice is required for any prospectively-effective change in services offered or fees charged therefore. Unless otherwise stated, all fees and currency amounts are quoted in Australian Dollars.
3. Removal
Pukka reserves the right to remove Supplier Content and User Submissions without prior notice. Additionally, Pukka reserves the right to terminate a User's access to the website, if it is determined that the user is a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Supplier Content or Submission removed from the website more than one time.
4. Indemnification
The Seller agrees to indemnify, defend and hold Pukka and its officers, directors, owners, agents, information providers and licensors (collectively, “Pukka Party”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Pukka Party in connection with:
(i) any use or alleged use of the web site under the Seller's member name by any person, whether or not authorized by the Seller;
(ii) any Supplier Content uploaded under the Seller's member name; or
(iii) any breach of the Seller's Warranties contained in this Contract. Pukka reserves the right, at the Seller's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Seller, and in such case, the Seller agrees to cooperate with Pukka's defense of such claim.
5. Warranties
The Seller warrants that he or she has the right to grant the License contained in this Contract to Pukka and its members. The Seller makes no warranty, expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose. The Supplier Content is supplied ''as is''.
BUYER AGREEMENT
This is a Contract between any Member intending to purchase data from the website (“Buyer”) and Pukka. By purchasing any Supplier Content, the Buyer understands that he/she agrees to be bound by the terms of this Agreement.
1. Intellectual Property
Pukka’s Terms of Use prohibit any Supplier Content or any other material that infringes on any patent, trademark, copyright, trade secret, right of privacy, or any other applicable law or proprietary right to be uploaded to its website. Knowing this, however, it is the Buyer's responsibility to conduct the appropriate research to confirm that the Supplier Content he/she is purchasing is not currently in use and/or does not fall under a third party's patent, trademark or other proprietary right.
It is agreed that all rights, including title and copyright, in and to the uploaded Supplier Content is retained by the Seller until sold, and that no title or copyright transfers or is granted to Pukka or any third party until sold. Upon completion of the sale, exclusive ownership of the Supplier Content will transfer to the Buyer (hereinafter referred to as the “Buyer Content”). The parties agree that Pukka may amend such policy as reasonable business objectives may from time to time require. Buyer hereby grants the following license and rights to Pukka (the “Buyer- License”):
a. The royalty-free, worldwide, perpetual license and right to use, post, reproduce, distribute, publish, transmit, package, repackage, modify, and publicly perform or display Buyer Content in connection with Pukka’s marketing or other business operations, including the right to utilize, create, produce, and publish descriptions of the Buyer Content on the Site and the right to use, post, reproduce, distribute, publish Buyer Content for Site marketing, sales, and promotional purposes whether on the Site or through other websites or third parties; and
b. As to any Buyer Content, the Buyer-License set forth in the preceding subparagraph (1.a.) shall continue and shall be exclusive to Pukka unless Buyer submits a request for termination of the Buyer-License (hereinafter referred to as a “Removal Request”). For the purposes of these Terms of Use, the term, “Removal Request” means a written request to terminate the Buyer-License and remove the Buyer Content from the Site, which is sent to the following address, along with a termination fee of one hundred fifty dollars ($399 USD) per purchased logo.
The Buyer agrees that neither Pukka nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Buyer Content. The Buyer further acknowledges that he/she is legally responsible for any challenges made to a Seller regarding copyright in the Buyer Content.
2. Pukka Fees
Except as otherwise noted, creating a user account with Pukka is free. Pukka does charge fees for brand and domain sales related services and you are given an opportunity to review and accept the fees that will be charged in connection with certain services. Pukka may, in its sole discretion, add, delete or change any of the services provided or fees charged. No advance notice is required for any prospectively-effective change in services offered or fees charged therefore. Unless otherwise stated, all fees and currency amounts are quoted in Dollars. Fees will be deducted from the stated sales price.
3. Indemnification
The Buyer agrees to indemnify, defend and hold Pukka and its officers, directors, owners, agents, information providers and licensors (collectively, “Pukka Party”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Pukka Party in connection with: (i) any use or alleged use of the web site under the Buyer's member name by any person, whether or not authorized by the Buyer; (ii) any Buyer Content uploaded under the Buyer's member name; or (iii) any breach of the Buyer's Warranties contained in this Contract. Pukka reserves the right, at the Buyer's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Buyer, and in such case, the Buyer agrees to cooperate with Pukka's defense of such claim.
4. Warranties
The Buyer Content purchased by the Buyer is supplied ''as is''. Please see the Seller Agreement for additional details.