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Terms of Use | Doms and subs

Terms of Use

Welcome to Domsandsubs.co (“Doms and subs”) a social network for kinksters and people curious about exploring their sexuality. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties, shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”). In addition, there are a variety of special products and services offered through Doms and subs that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on Doms and subs that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. Doms and subs also may offer other services from time to time that are governed by the terms of service of the respective service partners. The right to amend these Terms and Conditions at any time is reserved. By using Doms and subs you agree to be bound by these Terms and Conditions. Because the Terms and Conditions contain legal obligations, please read them carefully. The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.
  1. ACCEPTANCE
By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to Doms and subs or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
  1. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that Doms and subs may terminate your access to the Doms and subs site or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Doms and subs. Any such termination shall be at Doms and subs’s sole discretion and may occur without prior notice, or any notice. Doms and subs further reserves the right to terminate any user’s access to Doms and subs or to any of the Products and Services for any conduct that Doms and subs, at its sole discretion, believes is or may be directly or indirectly harmful to other users, to Doms and subs or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, province, federal or foreign laws or regulations. Doms and subs further reserves the right to terminate any user’s access to Doms and subs or to any of the Products and Services for any reason or for no reason at all, in Doms and subs’s sole discretion, without prior notice, or any notice. In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://domsandsubs.co. Individuals who are less than 18 years of age or are not permitted to access mature or adult content under the laws of any applicable jurisdiction may not access Doms and subs. If Doms and subs learns that anyone under the age of 18 has accessed the Products and Services, Doms and subs will terminate their access to Doms and subs. Registered sex offenders convicted of sexual violence and/or non-consensual sexual offenses are not permitted to have accounts on Doms and subs. Doms and subs does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation or any other protected status.
  1. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current and complete (apart from optional items) as required by various Doms and subs registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue,inaccurate, not current or incomplete, or Doms and subs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Doms and subs has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. All Doms and subs registrations become the exclusive property of Doms and subs. Doms and subs reserves the right to use and reuse all registration and other personally identifiable user information subject to Doms and subs’s Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in Doms and subs’s Privacy Policy and on Doms and subs. You acknowledge receipt of Doms and subs’s Privacy Policy.
  1. USER CONDUCT
You acknowledge and agree that all information, code, data, text, software, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Doms and subs, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Doms and subs does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use Doms and subs at your sole risk. Under no circumstances will Doms and subs be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Doms and subs does not screen user or third party Content posted on Doms and subs, although Doms and subs reserves the right to do so. Doms and subs does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Doms and subs reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Doms and subs. The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. Prohibited Conduct You agree that, while using Doms and subs’s Products and Services, you will not:
  • Personally attack, make fun of, troll, flame, bully, stalk or otherwise harass another member.
  • Make criminal accusations against another member in a public forum.
  • Make or promote any type of racism or hate towards anyone in specific or a group of people,
  • unless in the context of role-playing between consenting parties.
  • Upload pictures or videos of that contain any children under 18 years of age.
  • Upload, post, email, otherwise transmit, or post links to any Content that promotes having
  • any type of sexual relationship with a minor.
  • Create a user profile for a business, organization, website, or event that is not related to kink/fetish/BDSM/Leather. Profiles for kink-related businesses will be reviewed and accepted on a case by case basis.
  • Take anything any other person has uploaded, posted, or emailed to you, on Doms and subs and re-post such content anywhere outside of Doms and subs without the expressed written permission of the person who uploaded, posted or emailed you.
  • Upload, post, email, otherwise transmit, private conversations between two people in any public forum on Doms and subs without the expressed written consent of the people who are involved in said private conversation.
  • Post, directly or indirectly, any personally identifying information about another member without their consent. Personally identifying information can include, but is not limited to, a person's full name, first name, last name, email address, profession, phone number, address and place of work.
  • Use Doms and subs to do any academic or corporate research without the expressed written consent of Doms and subs
  • Cross-post the same message, be it by one person or multiple people, more than 3 times in a day.
  • Sexualize or publicly fantasize about the following topics: murder, animal abuse, and any activities involving minors. You may have strictly intellectual discussions regarding these topics.
  • Discuss or post content dealing with actual snuff, necrophilia, cannibalism, and zoophilia/bestiality. You may have strictly intellectual discussions regarding these topics, and may also have discussions and content concerning fantasies in these areas.
  • Create any event to promote a session with a phone sex operator, professional Dominant or professional submissive.
  • Publicly post the schedule, price list or phone number of a phone sex operator, professional Dominant or professional submissive on Doms and subs except in a group led by that person or in a group explicitly created for the purpose of posting such information.
  • Publicly solicit for clients on behalf, directly or indirectly, of phone sex operators, professional Dominants and professional submissives in any group except in a group led by that person or in a group explicitly created for the purpose of posting such solicitations.
  • Solicit or sell any kind of sex for hire.
  • Use Doms and subs for any fraudulent purposes.
  • Collect or store personally identifying information about any other user(s) for commercial purposes without the expressed consent of the user(s) or for any unlawful purposes.
  • Impersonate any person or entity, including, but not limited to, an Doms and subs or Doms and subs Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
  • Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as “inside information”, or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement).
  • Upload, post, email, or otherwise transmit, or post links to any Content that facilitates computer hacking.
  • Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any
  • party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    • Making available copyrighted software or other Content that has had the copyright protection removed.
    • Making available serial numbers for software that can be used to illegally validate or register software.
    • Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
    • Making available any software files for which the user does not own the copyright or have the legal right to make available.
  • Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, including but not limited to promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
  • Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or Doms and subs.
  • Use automated means, including additional computers, software and scripts, to enhance play in Doms and subs promotions.
  • Use automated means, including spiders, robots, crawlers, or the like to download data from any Doms and subs network database.
  • Use automated means, including bots, to create accounts on Doms and subs.
  • Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, link, display or in any way exploit any Content from any Doms and subs database, including, without limitation, by incorporating data from any Doms and subs database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
  • Sell, distribute, or make any commercial or unlawful use of data obtained from any Doms and subs database or make any other use of data from any Doms and subs database in a manner which could be expected to offend the person for whom the data is relevant.
  • Create and maintain a Doms and subs profile that stores or hosts content for remote loading by other web pages. (For example, you cannot create a Doms and subs profile, post pictures to the Doms and subs profile, and have other web pages call the Doms and subs profile to retrieve those pictures.)
  • Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Canadian or U.S. Securities and Exchange Commission, any rules of any national, international or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  • Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  • Disobey any Doms and subs employee or representative or interfere with any action by any Doms and subs employee or representative to redress any violation of these Terms and Conditions.
  • Create a new account in order to access the Products and Services after your account or access has been terminated by Doms and subs
  • Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
  • Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Doms and subs or the party from whom such software may be licensed.
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sub-license any software deployed in connection with the Products and Services.
  • Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to Doms and subs community or the spirit of these Terms and Conditions.
  • Advertise, offer for sale, or sell any of the following items:
    • Any firearms, explosives, or weapons.
    • Any items that are hateful or racially, ethnically or otherwise objectionable, that contain child pornography, or are harmful to minors.
    • Any controlled substances or pharmaceuticals.
    • Any counterfeit or stolen items.
    • Any goods or services that do not, in fact, exist.
    • Any registered or unregistered securities.
    • Any items that violate or infringe the rights of other parties.
    • Any items that you do not have the legal right to sell.
    • Any items where paying Doms and subs any of the required transactional or listing fees would cause Doms and subs to violate any law.
You acknowledge and agree that Doms and subs and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation, Doms and subs and its designees shall have the right (but not the obligation), at their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Doms and subs. Doms and subs may also terminate access to, or membership in, Doms and subs, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of Doms and subs, including without limitation, information posted on message boards. You expressly acknowledge and agree that Doms and subs may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Doms and subs, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Doms and subs with regard to its users may be disclosed in accordance with Doms and subs’s Privacy Policy.
  1. MEMBER OF THE MEDIA
I certify that I am not a member of the media, or that if I am, I am participating on Doms and subs solely for my personal enjoyment and not as part of any investigation or gathering of information and that I will not use any such information in any manner without the express written permission of Doms and subs. I agree that everything that I observe here will be kept in strict confidence, and that I will do nothing to jeopardize the privacy and identities of any other participant without the expressed written permission of Doms and subs.
  1. LIMITED LICENSE TO CONTENT POSTED ON DOMS AND SUBS
Doms and subs claims no ownership interest in any of the Content (including, without limitation, pictures, videos and writing) posted by you on Doms and subs, and the copyright to all such Content shall remain with its original owner. By posting Content on Doms and subs, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on Doms and subs. In order to make it possible for Doms and subs to provide the Products and Services, you hereby grant Doms and subs a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display and distribute any Content posted by you on or through Doms and subs, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate 30 days after you remove your Profile from Doms and subs.
  1. PAYMENT & REFUNDS
To request a refund you have to email support@domsandsubs.co within 28 days of the transaction and request a refund. Refunds will be for the full price of the transaction. Doms and subs does not refund any interest or transaction fees that might of been charged to you by your financial institution.
  1. THIRD PARTY MERCHANDISE SALES
Doms and subs may contain links to third party websites where Users can purchase goods or services from third party merchants (“Merchants”). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions. By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that Doms and subs is not a party to the transaction. Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete. Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services. Doms and subs has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through Doms and subs. Doms and subs cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can Doms and subs confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on Doms and subs will act in accordance with those statements. Doms and subs will not get involved in any dispute between Users of the Service and Merchants who post links on Doms and subs. The ability to include links is provided only as a convenience, and the inclusion of any link by an Artist or User does not imply affiliation, endorsement, or adoption by Doms and subs of the linked site or any information contained therein.
  1. PROFILES
Users are invited to post content to their profile (“Profile”) subject to the following limitations: (a) Doms and subs may limit the amount of bandwidth dedicated to any account; and (b) Doms and subs reserves the right to display advertising on Profile pages. Please consult the Doms and subs Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 5 (User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. Doms and subs reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 18 years old. By registering on Doms and subs, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the Doms and subs website will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users. Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers and street addresses. Please read Section 4 above, User Conduct, for additional terms and conditions regarding your use of Doms and subs. The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which Doms and subs assumes no responsibility or liability. Doms and subs reserves the right, at its sole discretion, to reject, refuse to post or remove any Content posted by you, and to restrict, suspend, or terminate your access to all or any part of the Doms and subs Network, at any time, for any or no reason, with or without prior notice, and without liability.
  1. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Doms and subs DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Doms and subs DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. Doms and subs SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.   YOU EXPRESSLY UNDERSTAND AND AGREE THAT Doms and subs DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. Doms and subs DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Doms and subs DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Doms and subs MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY Doms and subs YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
  1. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Doms and subs OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Doms and subs OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES URRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Doms and subs. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT Doms and subs. UNDER NO CIRCUMSTANCES SHALL Doms and subs OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
  1. DISCLAIMER REGARDING THIRD PARTY CONTENT
Doms and subs offers access to numerous third party web pages and content available over the Internet. In the overwhelming majority instances, including, but not limited to, sites contained within a directory of links, Doms and subs has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on Doms and subs or provided to Doms and subs by third parties, Doms and subs may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through Doms and subs from such sources is developed by people over whom Doms and subs exercises no control. Similarly, content hosted by Doms and subs which is posted by third parties, and, with the exception of certain random screening functions, Doms and subs cannot and does not screen such web pages before they are made accessible to other users of Doms and subs. Accordingly, neither Doms and subs nor its licensors assume any responsibility for the content of any site linked to the Doms and subs web site or in any web page hosted for a third party within Doms and subs web site. In instances where Doms and subs does review the sites that are displayed in directories, indices, and/or references, or where Doms and subs makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Doms and subs, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
  1. STORAGE
Many features of Doms and subs store information on behalf of users. Examples include, but are not limited to chat, Profiles and postings. Doms and subs reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive.
  1. ADVERTISERS AND CONTENT LINKED TO THE DOMS AND SUBS NETWORK
Doms and subs and the Doms and subs Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Doms and subs to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Doms and subs have no control over such sites and resources. You acknowledge and agree that Doms and subs are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Doms and subs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Doms and subs Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Doms and subs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services. Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Doms and subs' or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate Doms and subs and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Doms and subs and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Doms and subs in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Doms and subs, any of Doms and subs’ affiliates, or any of Doms and subs’ service providers. You agree not to use any of the trademarks or service marks or other Content accessible through Doms and subs for any purpose other than the purpose for which such Content is made available to users by Doms and subs. You agree not to defame or disparage Doms and subs, the trademarks or service marks of Doms and subs, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or Doms and subs. In order to maintain the privacy and security of your user profile, you hereby grant Doms and subs a limited, non-exclusive, worldwide, royalty-free license to any and all copyrightable content posted by you on or through Doms and subs. You also grant and assign Doms and subs or its affiliates the right and authority to enforce your DMCA and any and all intellectual property rights against alleged infringers at your request. This provision does not constitute in any way a partnership, joint venture or any other fiduciary relationship between you and Doms and subs. Further, Doms and subs does not warrant or guarantee that it can or will enforce your intellectual property rights against alleged infringers. Doms and subs reserves the right through this limited license to enforce your rights at your request, however, it remains the sole and primary responsibility of each member, the Content creator and owner, to police and enforce your rights against alleged infringers.
  1. LINKING TO DOMS AND SUBS; USE OF LOGO
Doms and subs offers a non-assignable, non-transferable, and non-exclusive license to link to Doms and subs web sites, using Doms and subs logos, subject to the following provisions. Doms and subs logos may be placed on a Web site for the sole purpose of creating a link to Doms and subs and allowing users of your site to access the Products and Services on Doms and subs. Doms and subs logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Doms and subs. Doms and subs logos may only be used in accordance with the Doms and subs Trademark Usage Guidelines, and may only be used in the exact size, shape, colours, design, and configuration as found on such web page. Doms and subs logos may not be altered in any manner. Doms and subs logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. Doms and subs logos may not be used to disparage Doms and subs, its products or services, or in a manner which, in Doms and subs’ reasonable judgment, may diminish or otherwise damage Doms and subs’ good will in Doms and subs logos. By using any such Doms and subs Network logo, you acknowledge that Doms and subs has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of Doms and subs. If you use Doms and subs logos, you must include appropriate attribution, for example: “Doms and subs® is a registered trademark of Doms and subs” Doms and subs reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Doms and subs reserves the right to take action against any use that does not conform to these provisions.
  1. INDEMNITY AND RELEASE
By using the Doms and subs web site you agree to indemnify Doms and subs, and their officers, employees, volunteers and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Doms and subs web site, your use of the Products and Services, or your submission of ideas and/or related materials to Doms and subs or from any person's use of any account or password you maintain with Doms and subs, regardless of whether such use is authorized by you. By using Doms and subs, using the Products and Services, or submitting any ideas and/or related materials to Doms and subs , you are hereby agreeing to release Doms and subs and its parents, subsidiaries, affiliates, officers, employees, volunteers, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Doms and subs YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
  1. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Doms and subs or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
  1. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the Products and Services belong to Doms and subs or the respective owners of such marks, and are protected by Canadian, U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Doms and subs or the owner of the mark, as appropriate, is strictly prohibited. Doms and subs may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Doms and subs to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Doms and subs have no control over such sites and resources. You acknowledge and agree that Doms and subs are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Doms and subs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Doms and subs Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Doms and subs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
  1. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
Doms and subs respects the intellectual property of others. It is Doms and subs' policy to respond expeditiously to claims of copyright and other intellectual property infringement. Doms and subs will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Doms and subs may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Doms and subs will terminate access for users who are repeat infringers. Notifying Doms and subs of Copyright Infringement: To provide Doms and subs notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of admin@domsandsubs.co that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. Providing Doms and subs with Counter-Notification: If you feel that your material does not constitute infringement, you may provide Doms and subs with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at admin@domsandsubs.co that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of legal counsel.
  1. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of Australia applicable to contracts entered into and wholly to be performed within said prove. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of Australia. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Sydney, Australia, and judgment on the arbitration award may be entered into in any province or federal court in Australia having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any province or federal court in Australia having jurisdiction thereof. Except as set forth above, the province and federal courts of Australia shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the province and federal courts in Australia with respect to all such disputes.
  1. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
Doms and subs reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Doms and subs reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
  1. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between Doms and subs’ representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Doms and subs web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
  1. NON-WAIVER AND SEPARABILITY
Doms and subs’ failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
  1. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Doms and subs are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
  1. NO RESALE, ASSIGNMENT, OR SUB-LICENSING
You agree not to resell, assign, sub-license, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Doms and subs.
  1. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sub-licensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
  1. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Doms and subs. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
  1. COMMUNICATIONS WITH USERS
You consent to receive communications from Doms and subs concerning your use of the Products and Services ("Communications"). The Communications may be those that Doms and subs is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Doms and subs sends to you for other reasons. You consent to receive Communications electronically. Doms and subs may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on Doms and subs. You may change the email address to which Doms and subs sends Communications by visiting your account information page. In order to receive Required Communications, you must provide Doms and subs, upon registration with Doms and subs, a valid email address to which Doms and subs may send electronic mail.
  1. SUBMISSIONS OF IDEAS
Doms and subs is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to Doms and subs, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO Doms and subs BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO Doms and subs, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO Doms and subs THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT PROTOSE IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Doms and subs, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
  1. EXPORT CONTROLS
Certain software, and related documentation or technical information, available through Doms and subs is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the Canadian or U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to Canadian and United States export restrictions.
  1. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Doms and subs, Doms and subs reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all Doms and subs properties. If you are aware of any violations of these Terms and Conditions, please report them to: admin@domsandsubs.co Please read the entire Terms and Conditions, as all Doms and subs properties, Products and Services are offered subject to these Terms and Conditions. Last Updated September 17, 2015