These Terms of Service (“Terms”) constitute a binding legal agreement between each individual, entity, group or association who views, interacts, links to or otherwise uses or derives any benefit from the website, app, any other software or features, and services (“You”, and collectively, the “Users”) located at: www.domeasolid.co (the “Site”) and Do Me A Solid, Inc., referred to as “DMS,” “Do Me A Solid,” or “Us,” or “We” throughout these Terms, and each of its successors and/or assigns.

Please contact us at support@domeasolid.co for any questions or issues you may have with respect to these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY OR OTHER PARTY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF SITE, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

About the Site

Content Creators

For purposes of these Terms, Content Creator may be defined as an individual or entity that is responsible for the ideation and creation of content that connects a brand or entity to its prospective audience, particularly in digital contexts. Content Creators who view, interact, link to or otherwise use or derive any benefit from the website are defined as “Users”, as stated previously

The Site is a content sharing platform that enables Content Creators to connect their audiences with their most recent and relevant content. In addition, the site allows Content Creators to create a DMS link which contains brand promotions that are offered to their Followers.

The Site creates a DMS landing page for each Content Creator, where they can describe what DMS is and allows them to share a link extension with their Followers. The Site also provides them a custom link to be shared on their platforms.

Content Creators will be able to put all their links on their landing page, connect their social media links, edit their profile, edit notifications, change password, add new links and titles to their landing page, edit current links, and view analytics on performance dashboard.

Content Creators’ Content – What Is and Isn’t Allowed

Content Creators’ content (“Content”) means the text, graphics, videos, links, and any other materials that you are able to create, submit, post, promote, upload or display on the Content Creators’ DMS’s landing page. Content Creators are responsible for their content and warrant that:

• You retain all the rights to your Content. You represent and warrant that (i) you have all the rights, licenses, consents, permissions, power and/or authority necessary to create, submit, post, promote, or display your Content; or (ii) you are otherwise legally entitled to do so;
• None of the content will violate the privacy, publicity or intellectual property rights of anyone else;
• The content will not be (i) misleading or deceptive, intended or designed to misinform, or likely to misinform a reasonable person, (ii) cause DMS to break any laws or legal obligations, and (iii) bring DMS into disruptive or damage DMS’s reputation
• The content does not contain any viruses or other harmful code, files, or programs designed to interrupt or damage the functionality of the Site or any other software, hardware or device;
• You will not use, or authorize others to use, automated scripts or other scraping tools to collect information from your DMS’s profile or from the Site.
• You won’t post any unauthorized advertising, solicitations, or endorsements on DMS.
• We may, in our sole discretion, remove your Content or information you share on DMS if we believe that such Content or information violates any of DMS’s policies or guidelines, now in place or as instituted in the future.

Followers

For purposes of these Terms, Follower(s) may be defined as a person who subscribes to the opinions, ideas, and /or beliefs of another. On social media, Followers like, subscribe and follow accounts and pages in order to receive notifications and see the content those creators post on their news feeds. Followers who view, interact, link to or otherwise use or derive any benefit from the website are defined as “Users”, as stated previously.

The Site allows Followers to search for Content Creators, promotions, exclusive offers, and to look for savings offered by the Content Creators.

By downloading a DMS extension from a Content Creators’ landing page, the Followers may receive offers and other personalized and non-personalized pricing and product information regarding goods and services promoted by the Content Creators and/or offered by third-party merchant from whom the Follower purchases the product. These offers and product information may be provided in several ways, including as links to third-party websties or as coupons or discount codes that can be applied to purchases of products offered by third-party merchants.

Once Followers download the DMS extension, they are able to sign up and create a DMS account, where they are able to identify different categories of deals they are interested in, as well as to find new Content Creators.

After obtaining a DMS extension, Followers may receive pop-up notifications when visiting a website where a link exists for the Content Creators that they follow or where a link exists on the DMS catalogue.

DMS is not involved in the Followers’ merchant product or service purchase and is not able to assist with any customer service inquiries or returns related to that purchase. DMS is only a platform that allows Followers to find personalized and non-personalized promotions, and to find Content Creators.

Third-Party Links

We do not warrant that the product descriptions, third-party offers or discount codes, or related merchant information or terms shown through the Site are accurate, complete, reliable, current, or error-free.

The inclusion of any products within the Site or offered by the Content Creators at a particular time does not warrant that these products will be available at any other time. Offers, coupons, and discount codes are provided subject to availability.

Third-Party Websites and Purchases

The Site allows Followers to view information about products listed for sale by third-party merchants online, find offers on those products, and finding Content Creators that promote those products. Followers may obtain product information and saving opportunities through the DMS extension when Followers are on a third-party merchant’s website.

The Site Is Not Responsible for Third Parties

All products that Followers purchase from a third-party merchant are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by DMS.

The purchase from a third-party merchant is subject to such merchant’s own terms and conditions applicable to such purchase. We are not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.

The functions applicable for Content Creators and Followers will be collectively called as “DMS’s Functions”.

Privacy Policy

Our Privacy Policy found here describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

User Account

As part of your use of the Site we may require you to create an account with DMS. In doing so, you agree to voluntarily provide information needed for the account creation process and you agree that our handling of that information is governed by these Terms and the above mentioned Privacy Policy.

You are solely responsible for your Account and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the DMS’s Functions or your Account. You can contact us at support@domeasolid.co

We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use DMS through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our DMS’s Functions if you are under 13 years old.

The username you choose in your account must be appropriate for everyone and cannot infringe someone else’s rights, including intellectual property rights.

Third-Party Content and Services

The Site may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left the Site, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of DMS, and may be “open” applications for which no recourse is possible. DMS is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. DMS provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations or information with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

From time to time, DMS may work with third parties to facilitate transactions that occur via the Site. DMS does not guarantee that third parties will execute transactions as intended. Consequently, DMS is not responsible for the functionality of third party systems to facilitate said transactions.

User Conduct

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site subject entirely to provisions of these Terms and the Privacy Policy. Our grant of such license is subject to the following conditions:

• Unlawful Activity: You agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the United States of American (“U.S.”) Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity including without limitation using the Site or specific DMS’s Functions in connection with money laundering, terrorist financing, or other illicit financial activity. Without limiting the foregoing, by using the Site, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction"); (b) you are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (c) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.
• Commercial Use & Gambling: You agree not to utilize the Site (i) to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance and/or (ii) for commercial purposes inconsistent with these Terms or other instructions provided by DMS.
• Local Law: If you access or use the DMS’s Functions outside the United States, you acknowledge that you are solely responsible for ensuring that your access and use of the Site and the DMS’s Functions in such country, territory or jurisdiction does not violate any applicable laws. Additionally, you agree not to attempt to bypass or ignore instructions or to access the Site from a location not permitted by these Terms and/or applicable law, including without limitation by utilizing a ‘virtual private network’ or other similar mechanic, by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to DMS.
• Abusive Activity: You agree not to engage in any activity that poses a threat to DMS, for example by distributing a virus or other harmful code, or through unauthorized access to the Site or other users’ accounts.
• Inappropriate Behavior: You agree not to interfere with other Users’ access to or use of the Site.
• Communication: You agree not to communicate with other Users for purposes of (1) sending unsolicited advertising or promotions, in particular any communications relating to any proposed transaction which would be illegal under U.S. or other applicable law, requests for donations, or spam; (2) engaging in hate speech or harassing or abusing other Users; (3) interfering with transactions of other Users, and/or (4) creating or displaying illegal content, such as content that may involve child sexual exploitation or promote hate crimes.
• Fraud: You agree not to engage in any activity which operates to defraud DMS, other Users, or any other person; or to provide any false, inaccurate, manipulative, deceptive or misleading information to DMS or other Users, in particular, any activity on the Site engaged in to fraudulently induce any proposed transaction which would be illegal under U.S. or other applicable law, including without limitation fraud, price manipulation or buying, selling, or transferring stolen items, fraudulently obtained items, items taken without authorization and/or any other illegally-obtained items.
• Taxes: You acknowledge that DMS is not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (collectively, “Taxes”), that apply to your transactions. You agree that you are solely responsible for determining what, if any, Taxes apply to any transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities.
• Intellectual Property Infringement: You agree not to (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; (2) use DMS’s content from the Site without express written consent from DMS; and/or (3) engage in any action that implies an untrue endorsement or affiliation with DMS.
• Hyperlinks: You are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site provided that such link does not portray DMS, our affiliates, and/or the DMS’s Functions in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any illegal materials, and/or other materials that may be considered offensive, harassing, or otherwise objectionable.
• Other Prohibitions: You agree to not engage in any copying, modification, or otherwise appropriation of the Site or any material owned by DMS as part of your use of the Site without express written permission from DMS for the proposed copying, modification, or appropriation of the Site.

You acknowledge and agree that each of the foregoing shall be true during the entire period of this agreement,your use of the Site and/or any DMS’s Functions.

If you are unsure whether a contemplated use would violate these Terms of Use, please contact us at the address listed below under Contact Information.

App Terms

Using our app involves downloading and installing software to your mobile or tablet device. We may automatically update that software and these Terms will apply to any updates.

The terms in this section apply where you download and use our app. We grant you a limited, revocable, non-exclusive, non-transferable, worldwide right to download and install the app on one device, which you own and control. You must not distribute or make the app available over a network where it could be used by many devices at once. Where We or You cancel your account, you must delete the app from your device.

Your use of the app may be subject to separate agreements you may enter into with your mobile device operating system provider, your mobile device manufacturer, your mobile service carrier, and other parties involved in providing your mobile device service (individually referred to as “Covered Third Party”, collectively referred to as “Covered Third Parties”). You agree to comply with all applicable third-party terms of service when using DMS’s app. We are not a party to those agreements, and we have no responsibility for the products and services provided by third parties.

You acknowledge and agree that we are solely responsible for DMS’s app, and for providing any maintenance or support services for DMS’s app, product claims, and third-party claims that the app or your use or possession of it, infringes another’s intellectual property rights. If you have a complaint about the app, or become aware of any third-party claim, please contact us at: support@domeasolid.co

The Covered Third Parties and their subsidiaries are third party beneficiaries of these Terms and will have the right to enforce these Terms against you as such as a beneficiary.

Subscription and Fees

When you sign up to DMS, you are signing up to a free plan and can cancel it at any time.

Your plan will start when You accept these Terms and continue until you cancel it. To cancel, email us at support@domeasolid.co

Intellectual Property Rights

You are solely responsible for your use of the Site and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you create, submit, post, promote, or display on or through the Site. You represent and warrant that such Content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and that the content does not violate any laws.

Licensing Your Content

In connection with your use of the Site or DMS’s Functions, you may be able to post, upload, or submit your Content to be made available through the Site. You retain all rights to Your Content you post, upload, submit, or otherwise make available through the Site, except for rights expressly granted herein.

In order to operate the Site, we must obtain from you certain license rights in Your Content so that actions we take in operating the Site are not considered legal violations. Accordingly, by using the Site and uploading Your Content or otherwise making Your Content available, you grant DMS a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt, prepare derivative works, and modify your Content in any and all media or distribution methods, but solely as required for the effective operation, improvement and promotion of DMS, and use your name, image, voice, photograph, likeness and any other personal attributes in the Content in any and all media or distribution methods (now know or later developed), but solely as required to be able to operate and provide the Site (“license to your Content”). Your agree that this license to your Content is non-exclusive, royalty-free, transferable, sub-licensable, worldwide, and irrevocable (for so long as your Content is available on DMS) and provides us with (i) the right to transfer our rights under this license to others with whom we have contractual relationship (solely as needed for the effective operation, improvement, and promotion of DMS), and (ii) otherwise permit access to, or disclose, your Content to third parties if we determine that such access or disclosure is necessary to comply with our legal obligations.

You agree that this license includes the right for us to provide, promote, and improve the Site. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Site, and solely for purpose of providing the Site, and to otherwise permit access to disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.

Copyright Infringement Complaints Under the Digital Millennium Copyright Act

DMS respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property rights of any person. DMS will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and these Terms, including removing or disabling access to content claimed to be infringing and/or terminating accounts and access to the Site.

The DMCA Process and Procedure

The DMCA provides a process for a copyright owner to give notification to an online SITE provider concerning alleged copyright infringement. When an effective DMCA notification is received, the online SITE provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the Content Creator responsible for minting the removed content so that a Counter-notification may be filed if applicable. On receiving a valid Counter-notification, we generally restore the content in question, unless we receive notice from the DMCA Notice provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Our Privacy Policy does not protect any information contained in any DMCA Take-Down Notice or Counter-notification. If you have any questions about your rights, copyright infringement, or the notification and counter-notification process under the Digital Millennium Copyright Act (the “DMCA”), we recommend that you speak with an attorney.

Filing a DMCA “Take Down” Notification

If you are a copyright owner or an agent thereof and believe that any Content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C. § 512 for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. *Providing URLs in the body of your DMCA notification is the best way to help us locate content quickly
• Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, and an electronic mail address at which you (the complaining party) may be contacted.
• A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• **(Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material.

Any person who knowingly materially misrepresents that information or an activity on the Site is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

Responding to a DMCA Notice with a Counter-Notification

We will take reasonable steps to promptly inform you if your Content has been taken down upon receipt of an effective DMCA Infringement Take-Down Notification. If you believe that the Content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to mint and use the material, you may send us a Counter Notification containing the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the U.S. district court in the state in which you reside (or the U.S. district court where our headquarters are located if your address is outside of the United States), and a statement that you will accept SITE of process from the person who provided notification of the alleged infringement to us.

You have ten (10) business days after receipt of a DMCA take-down Notice to send us an effective Counter Notification or the allegedly infringing material may not be restored.

Any person who knowingly materially misrepresents that material or activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

Where to Send a DMCA Request

You must submit your DMCA Take-Down Notices and Counter Notifications to us by email at the following email address: support@domeasolid.co with the following subject/heading for the email: “DMS DMCA Take Down Notification.”

DMCA Notices Must Comply With These Requirements

Official DMCA Notices must provide all the information described above in order to be effective. If your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing content.

Disputes

Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with DMS and limits the manner in which you can seek relief from us.

To the fullest extent permitted by applicable law: You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Site; any products sold or distributed through the Site or other DMS’s Functions; or any aspect of your relationship with DMS will be resolved by binding arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or DMS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in Los Angeles, California, administered by JAMS and conducted in English, rather than in court.

Any such arbitration shall be conducted in accordance with the then-prevailing JAMS Streamlined Arbitration Rules & Procedures, except that any dispute involving claims and counterclaims over $250,000, not inclusive of attorneys’ fees and interest, shall be subject to the then-prevailing JAMS Comprehensive Arbitration Rules and Procedures.

The arbitrator shall have exclusive authority to (1) determine the scope and enforceability of this Arbitration Agreement; and (2) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including but not limited to any claim that all or part of this Arbitration Agreement is void or voidable; (3) decide the rights and liabilities, if any, of you and DMS; (4) grant motions dispositive of all or part of any claim; (5) award monetary damages and grant any non-monetary remedy or relief available to a party under applicable law, arbitration rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Such an award is final and binding upon you and us.

You understand that by agreeing to this Arbitration Agreement, you and DMS are each waiving their right to trial by jury and to participate in a class action or class arbitration.

If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.

This Arbitration Agreement shall survive the termination of your relationship with DMS.

Changes to these Terms

We may revise these Terms from time to time. If we make a change to these Terms that, in our sole discretion, is material, we will take steps to notify all users by a notice on the site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the DMS’s Functions.

Disclaimers

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DMS EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. DMS (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. DMS DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DMS WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE DMS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, DMS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR OUR SITE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE DMS PARTIES OR THROUGH THE SITE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD DMS RESPONSIBLE FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH OTHER DMS FUNCTIONS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE.

DMS DOES NOT MAKE ANY RECOMMENDATIONS WITH RESPECT TO THE VALUE OR FITNESS OF ANY PARTICULAR DMS’S FUNCTIONS THAT A USER MAY INTERACT WITH ON THE SITE.

NO DMS PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), OR ANY OTHER DMS’S FEATURES. NO DMS PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH DMS’S FUNCTIONS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF DMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, NFTS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR(B) THE AMOUNT YOU HAVE PAID TO DMS FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF DMS FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF DMS’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF DMS’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

Assumption of Risk

You accept and acknowledge:

• DMS does not provide legal, tax, regulatory, financial, accounting or other advice.
• You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. DMS is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your transactions.
• There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to purchase items associated with content created by third parties.
• If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless DMS, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “DMS Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site or anything posted on the Site (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of a third party, including another user, (e) any intellectual property disputes relating to the use of the Site; and (f) your failure to pay any Withholding Taxes or Sales Taxes in connection with your transactions. You agree to promptly notify DMS Parties of any third party Claims and cooperate with the DMS Parties in defending such Claims. You further agree that the DMS Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND DMS.

Governing Law and Venue

These Terms and your access to and use of the Site shall be governed by and construed and enforced in accordance with the laws of the State of California (without regard to conflict of law rules or principles of the State of California, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth previously or cannot be heard in small claims court, shall be resolved in the state or federal courts of Los Angeles County in the State of California, and the United States, respectively, sitting in the California.

Termination

If you breach any of the provisions of these Terms, all licenses granted by DMS will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your account and/or your ability to access or use the Site (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.

Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to DMS for which monetary damages would not be an adequate remedy and DMS shall, to the fullest extent permitted by applicable law, be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer SITEs of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Export Laws

You agree that you will not export or re-export, directly or indirectly, the DMS Functions, and/or other information or materials provided by DMS hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the DMS Functions may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the DMS Functions, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by DMS or you. Termination will not limit any of DMS’s other rights or remedies at law or in equity.

Miscellaneous

These Terms constitute the entire agreement between you and DMS relating to your access to and use of the Site and/or other DMS’s Functions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DMS, and DMS’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

The Site is operated by us in the United States. Those who choose to access the Site from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and DMS agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

Contact Us

If you have questions concerning these Terms, or you notice any bugs, errors or violations please feel free to send us an email at: support@domeasolid.co