The Site is an online community for creative professionals. The Site enables users to access and/or purchase courses made available on the Site, post photographs, images and videos, share comments, opinions and ideas, promote their work and participate in contests and promotions (collectively, such services, including any new features and applications, and the Site, the “Services”). Services include, but are not limited to, any service and/or content DOMESTIKA makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site.
2. ACCESSING THE SERVICES AND ACCOUNT SECURITY
2.1. ACCESS TO THE SERVICESDOMESTIKA reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that DOMESTIKA will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
The Services are accessible worldwide, but this does not mean all Services or service features are available in your country, or that User Contributions (as defined below) available via the Services are legal in your country. DOMESTIKA may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you live. Services are not available in all languages.
Services are available only to users above 16 years old; however, if you are younger than the required age for consent to use online services where you live, you shall not use the Services but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you must not access the Services. If we discover that you have created an account that violates these rules, we will terminate your account.
2.3. ACCOUNT SECURITYIf you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. It is your responsibility to keep your login credentials secure and you are solely responsible for all activities that occur via your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. DOMESTIKA will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. USER CONDUCT
3.1. USE OF THE SERVICEThe Site and the Service is solely for your personal and non-commercial use. Unless otherwise expressly authorized in writing by DOMESTIKA, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Service should not be used or relied upon for storage of your photographs, images, videos, sounds or any other content you uploaded, and you shall retain your own copies of all content posted on the Site. We have no obligation to retain any of your content for any period of time beyond what may be required by applicable law.
- In a way that violates any applicable local, state, national or international law or regulation.
- To (or attempting to) abuse, harm, harass, threaten, impersonate or intimidate any person.
- To transmit, or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- To impersonate or attempt to impersonate DOMESTIKA, a DOMESTIKA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or otherwise misrepresent your affiliation with a person or entity.
- To create multiple accounts for the purpose of liking (i.e., giving “likes”’ votes) for or against user’s projects, to artificially inflate or alter “likes”, comments, etc. or giving or receiving money or other compensation in exchange for ‘likes’, or for participating in any other organized effort that in any way artificially alters the results of the Services.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm DOMESTIKA or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Bypass any measures we may use to prevent or restrict access to the Services.
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Obtain or attempt to obtain or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, any server, computer or database connected to the Services or to private accounts of other users.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
4. DISPUTES BETWEEN USERS
You agree that you are solely responsible for your interactions with any other user in connection with the Service and DOMESTIKA will have no liability or responsibility with respect thereto. DOMESTIKA reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
5. INTELLECTUAL PROPERTY
5.1. DOMESTIKA’S INTELLECTUAL PROPERTY RIGHTSThe Services and related content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DOMESTIKA, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
DOMESTIKA’s name, DOMESTIKA’s logo and all related names, logos, product and service names, designs and slogans are trademarks of DOMESTIKA or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
You must not delete or alter any copyright, trademark or other proprietary rights notices from any materials on the Site.
5.2. USER CONTRIBUTIONSYou retain all rights and ownership of your photographs, images, videos, sounds or any other content or material you upload through the Services or share with other users or recipients (collectively, “User Contributions”). DOMESTIKA does not claim any ownership rights in your User Contributions. However, by providing or uploading any User Contributions you hereby grant and will grant to DOMESTIKA, its affiliates and service providers (and each of their respective licensees, successors and assigns) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, reproduce, upload, store, distribute (through multiple tiers of distribution and partnerships), modify, adapt, publicly perform, publicly display, publish, and otherwise use and fully exploit your User Contributions in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). DOMESTIKA will always give you proper credit when using your User Contributions. In addition, by submitting your User Contributions you grant other DOMESTIKA users, visitors and teachers the right to share your User Contributions via social media platforms integrated with DOMESTIKA (such as Instagram, Pinterest, Facebook or Twitter). You may terminate this license at any time by removing your User Contributions from the Services. If you delete such content, DOMESTIKA will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the content may not be immediately unavailable.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to DOMESTIKA and its affiliates and service providers (and each of their respective licensees, successors and assigns) and other DOMESTIKA users, visitors and teachers are non-confidential and said parties will be entitled to the unrestricted, perpetual use and dissemination of these Submissions for any purpose, commercial or otherwise, in any way, in any media without acknowledgment or compensation to you.
You understand and acknowledge that you are responsible for all User Contributions and Submissions you submit or contribute, and you, not DOMESTIKA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We have no obligation to retain any of your User Contribution for any period of time beyond what may be required by applicable law.
You also understand and acknowledge that your User Contributions posted on the Services can be unlawfully copied by third parties without your or our consent, despite reasonable efforts by us to prevent such unlawful activity, You agree and understand that DOMESTIKA shall not be liable to you for any such unlawful copying of your User Contributions.
5.3. COPYRIGHT COMPLAINTS AND COUNTER-NOTICESDOMESTIKA respects the intellectual property of others, and we ask our users to do the same. We have adopted the following policy toward copyright infringement related to the Services in accordance with the Digital Millennium Copyright Act ("DMCA").
If you believe in good faith the Site is hosting content that infringes your copyright, please let us know by submitting a notice to our Copyright Agent via email at firstname.lastname@example.org or in writing to Copyright Agent, 2001 Addison St. Suite 300 Berkeley, CA 94704). Your notice must contain ALL of the following:
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (i.e., URL address).
- Contact information so that we can reach you (address, telephone number and email address).
- A statement by you that you 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 by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Before you file an infringement notice, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. Please also check to make sure you haven’t authorized the use at issue (for example, whether you have given a creative professional who prepared materials for your company the right to use those materials as examples of his or her past work). If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. You may also wish to consult publicly available reference materials such as those found at the U.S. Copyright website www.copyright.gov or at the Lumen database website www.lumendatabase.org.
DOMESTIKA will respond to valid DMCA requests in an expeditious manner. In all cases, if you do not hear from us within 14 days of submitting a complaint, please contact us at the Web Form and we will respond as soon as possible.
After removing access to the material pursuant to a valid DMCA notice, DOMESTIKA will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. DOMESTIKA reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.
If you believe access to your content was disabled or removed by DOMESTIKA as a result of an improper copyright infringement notice, please send our Copyright Agent (contact information above) a written counter‐notice that contains all of the following:
- A description of the work improperly removed, along with your user name and the location in the Site at which the content appeared before it was removed or disabled.
- Contact information so that we can reach you (address, telephone number and email address).
- A statement under penalty of perjury, signed by you, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to jurisdiction of the Southern District of New York and that you will accept service of process from the person who provided notification of the alleged infringement.
Before you file a counter-notice, please carefully consider whether or not your use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court decides your counter-notice misrepresented that the material was removed by mistake.
If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at the U.S. Copyright website www.copyright.gov or at the Lumen database website www.lumendatabase.org.
Upon receipt of a valid counter-notification, DOMESTIKA will forward it to the notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If DOMESTIKA does not receive any such notification within ten (10) days, we may restore the material to the Services.
6. MONITORING AND ENFORCEMENT; TERMINATION
DOMESTIKA has the right to:
- Remove any User Contributions or Submissions for any or no reason, in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. DOMESTIKA has not reviewed, and cannot review, all of the material posted to the Services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by DOMESTIKA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DOMESTIKA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8. LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send e-mails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site other than the homepage.
Please remember that the manner in which social media services use, store and disclose your information is governed solely by the policies of such third parties, and DOMESTIKA shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, DOMESTIKA is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social media services. As such, DOMESTIKA is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social media services. DOMESTIKA enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree to immediately cooperate with us to cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
9. LINKS FROM THE SERVICES
If we or third parties provide links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. DOMESTIKA reserves the right to remove any link made available by third parties in the Services.
10. GEOGRAPHIC RESTRICTIONS
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you are not a person or entity who is named on any U.S. government specially designated national or denied-party list. If you become subject to such a restriction, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no liability to you.
DOMESTIKA offers online courses and other Services (such as subscriptions plans) for a fee. You agree to pay the fees for content that you purchase, and you authorize DOMESTIKA to charge you for the Services with your selected payment method. The fees will be charged whether you use the purchased Services or not. You are responsible for paying all fees charged by DOMESTIKA and any applicable taxes in a timely manner. We reserve the right to disable or remove access to any content for which we have not received adequate payment.
Fees may vary based on your location and other factors. If you are logged into your account, the currency you will see is based on your location when you created your account. However, the final fees charged to you will always be calculated in US dollars; therefore the final fees charged to you may vary depending on prevailing currency exchange rates offered by our payment providers.
We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content.
You shall provide DOMESTIKA information regarding your credit card or other payment instrument. Your represent and warrant that (a) such information is true, accurate, current and complete and that you are authorized to use this payment instrument and (b) you shall maintain and promptly update such information to keep it true, accurate, current and complete. You agree that DOMESTIKA may update your payment methods using information provided to us by our payment service providers and you authorize us to continue to charge the then-applicable fees to your updated payment method.
DOMESTIKA reserves the right, at any time, to change any fees or to start charging for any free Service at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to the time of the change).
Please note that due to mobile platform providers’ pricing systems and their policies, sometimes the price of content offered on DOMESTIKA’s website may not be the same as the price offered on our mobile applications.
Additional terms for our subscriptions plans are set forth in Section 13.
If within the first 14 days after you purchased a course you become dissatisfied with that course, DOMESTIKA will refund the full amount of your purchase and subsequently terminate your access to that course. Refunds will not be available if requested after this 14-day period. Due to possible currency exchange rate fluctuations with your local currency and the US dollar, the refunded amount may be slightly higher or lower than your original paid amount.
In addition to the above, if you purchase a course or purchase any other paid service through a mobile or third party marketplace (e.g., purchases through the Apple or Google Play App Store), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by DOMESTIKA. Except as otherwise explicitly stated by DOMESTIKA, the third party marketplace will be solely responsible for making refunds under its refund policy and DOMESTIKA will have no refund obligations. DOMESTIKA disclaims any responsibility or liability related to any third party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
13. SUBSCRIPTION TERMS
This section covers additional terms that apply to your use of any subscription plan that DOMESTIKA may offer with respect to our Services (including DOMESTIKA PLUS). By using a subscription plan, you agree to the additional terms in this section.
- Subscription plan: During your subscription to a subscription plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that subscription plan via the Services. The subscription that you purchase or renew determines the scope, features, term and price of your access to that subscription plan. You may not transfer, assign, or share your subscription with anyone else. Your subscription plan will be valid for the agreed term and then will be automatically renewed according to your subscription settings (e.g. monthly or annually) unless you cancel your subscription with prior notice to the end of your subscription plan term.
- Fees and payments: The subscription fee will be listed at the time of your purchase. You shall pay the fee using the offered payment methods provided by DOMESTIKA for any subscription plans. If you select Services with an automatic renewal feature, you authorize DOMESTIKA to maintain your account information and charge that account automatically upon the renewal of the Services you choose with no further action required by you. In the event that DOMESTIKA is unable to charge your account as authorized by you when you enrolled in Services with an auto renewal feature, DOMESTIKA shall suspend your access to such Services until payment is received. For those Services with an automatic renewal feature, DOMESTIKA may also change the price for those services and will communicate any price changes to you in writing. Price changes will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your subscription before the price change goes into effect. Therefore please make sure you read any such notification of price changes carefully.
- Refunds and cancellations: If, within the first 14 days after you have purchased your subscription plan, you become dissatisfied, DOMESTIKA will refund the full amount of your subscription, and subsequently terminate your subscription plan and additionally remove access to any courses and benefits you may have accessed under the subscription plan. Refunds will not be available if requested after this 14-day period, although you may cancel your subscription at any time. If you cancel your subscription plan, you will continue to have access to the subscription services until the end of your current subscription period. While your subscription will not be renewed, we will not refund any subscription fees previously paid to us.
14. GIFT CARDS
DOMESTIKA or our partners may offer gift cards that can be used to purchase our eligible courses subject to the terms included in your gift card. You must create or have an existing and valid DOMESTIKA account to redeem a gift card.
Gift cards offered by DOMESTIKA are not for resale without express written authorization from DOMESTIKA and are not refundable and may not be redeemed for cash or any cash equivalent, except as required by law. Gift cards offered by a partner are subject to that partner’s policies.
DOMESTIKA is not responsible for any lost or stolen gift cards or use without your permission. We may withdraw or cancel the gift card and require an alternative form of payment if we suspect that the gift card may have been stolen or fraudulently used. Further action may also be taken. The use of gift cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, DOMESTIKA is prohibited without DOMESTIKA’s prior written approval. Gift cards are not valid and will not be honored, and DOMESTIKA will not be liable, if obtained from unauthorized sellers, distributors or resellers.
15. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DOMESTIKA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL DOMESTIKA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DOMESTIKA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
18. GOVERNING LAW AND JURISDICTION
19. DISPUTE RESOLUTION
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). DOMESTIKA’s address for Notice is: 2001 Addison St., Suite 300, Berkeley, CA 94704 or email@example.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or DOMESTIKA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or DOMESTIKA must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
No Class Actions. YOU AND DOMESTIKA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DOMESTIKA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If DOMESTIKA makes any future change to this arbitration provision, other than a change to DOMESTIKA’s address for notice, you may reject the change by sending us written notice within 30 days of the change to DOMESTIKA’s address for notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and DOMESTIKA.
20. LIMITATION ON TIME TO FILE CLAIMS
21. WAIVER AND SEVERABILITY
22. NO THIRD-PARTY BENEFICIARIES AND ASSIGNMENT
23. ENTIRE AGREEMENT
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
25. YOUR COMMENTS AND CONCERNS
Please send any feedback, comments, requests for technical support, and any other communications relating to the Services to us through our Web Form or to firstname.lastname@example.org).