These terms and conditions (“Terms”, “Agreement”) are an agreement between LXME – Lisbon Media, LDA (“LXME – Lisbon Media, LDA”, “LMX”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the LMX.com website and any of its products or services (collectively, “Website” or “Services”). By creating an account and using our services, you agree to be bound by the terms of this Agreement.
Accounts, membership, and termination
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may disable your account and/or block your email address and Internet protocol address to prevent further registration. We might also, in our sole discretion and for any reason, with or without notice, with cause or without cause, terminate your access to LMX and its services. You accept this clause and waive any right to object it in any dispute.
Your warranties when using our services
When you list a domain for sale on LMX, you warrant:
- You have the legal right to sell the domain.
- Your domain is not subject to any litigation, claim or legal proceeding, whether past, present, contemplated or threatened.
- Your domain does not infringe on a third party’s rights to the best of your knowledge.
- Your rights of ownership are clear of all liens, claims, and encumbrances.
- You will take any necessary action to transfer your domain once the payment has been received by escrow.com.
When you make an offer for a domain listed on LMX, you warrant:
- You have the funds available to make the purchase and will pay without delay within the time-frame indicated when making the offer.
- You are responsible for conducting any due diligence on the domain you wish to purchase, included, but not limited to, the annual registration fees, whether the purchase of the domain infringes on any intellectual property rights.
- You understand LMX makes no representation or warranty with respect to the domain you intend to purchase.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
The prices on LMX are for information and illustrative purposes only. The “minimum prices”, “Estibot ® Value” and “Average Estibot ® Market Cap” should not be regarded as investment advice or as a recommendation regarding any particular course of action. LXME – Lisbon Media Lda. shall not have any liability for any damages of any kind whatsoever relating to the content of the site. If LMX contains one or more price quotes for the purchase or sale of a domain, such quotes must not be perceived as an offer to sell or purchase any domain(s), nor do they constitute a reservation of any domain(s) for purchase or sale. The pricing quotes only indicate the prices for which LXME – Lisbon Media, Lda believes the seller or buyer of the domain(s) may accept a potential offer. No agreement shall exist for the purchase or sale of any domains unless and until a purchase agreement is executed by the buyer and seller. No party shall be bound by any obligations whatsoever – including obligations based on grounds such as parole evidence, extended negotiations, “handshake” agreements, oral understandings, or courses of conduct including but not limited to reliance and changes of position – with respect to the purchase or sale of any domain(s) unless and until a purchase agreement is executed by buyer and seller. Furthermore, before a purchase agreement is executed by buyer and seller, any party may cease negotiating about the purchase or sale of the domain(s) at any time and for any reason or for no reason.
Creating an account on LMX is free. The fee for a domain sale on LMX is 7.5% of the gross price with no cap. The minimum fee per transaction is $1,000.00 USD. As of the 15th of October 2020, the platform fee is 5% with a $500 minimum (no cap). We reserve the right to change our fees at any time and at our sole discretion. We reserve the right to notify the active users about any change in the fee structure prior to its modification at our sole discretion.
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against LXME – Lisbon Media, LDA with respect to such other services. LXME – Lisbon Media, LDA is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting LXME – Lisbon Media, LDA to disclose your data as necessary to facilitate the use or enablement of such other service.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, LXME – Lisbon Media, LDA will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
In addition, you agree not to, directly or indirectly: (1) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service or any software, documentation or data related to or provided with the Service (“Software”); (2) modify, translate, or create derivative works based on the Service or Software; or copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or Software; (3) use or access the Service to build or support, and/or assist a third party in building or supporting, products or services competitive to LMX; (4) remove any proprietary notices or labels from the Service or Software; or (5) otherwise use the Service or Software outside of the scope of the rights expressly granted herein; (6) scraping and republishing the prices of any of the listings on LMX; (7) using the pricing information of the listings on LMX to offer competing services, including, but not limited to, brokering domain names.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by LXME – Lisbon Media, LDA or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with LXME – Lisbon Media, LDA. All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of LXME – Lisbon Media, LDA or LXME – Lisbon Media, LDA licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any LXME – Lisbon Media, LDA or third-party trademarks.
Disclaimer of warranty
YOU AGREE THAT YOUR USE OF OUR WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LXME – LISBON MEDIA, LDA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF LXME – LISBON MEDIA, LDA HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF LXME – LISBON MEDIA, LDA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO LXME – LISBON MEDIA, LDA FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. YOU AGREE THAT, EXCEPT AS PROHIBITED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE, OR LMX SERVICES, MUST BE STARTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify and hold LXME – Lisbon Media, LDA and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Lisboa e Vale do Tejo, Portugal without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Portugal. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Lisboa e Vale do Tejo, Portugal, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
You understand you are responsible to report and pay your taxes related to any activity you carry in connection with LMX, based on the country and state in which you are fiscally resident.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form.
This document was last updated on October 15, 2020