Terms and Conditions

Terms and Conditions – Domme.com Users

Welcome to the Domme.com Terms and Conditions.

1. Your Acceptance

a. Domme.com is a subsidiary of Transcendigital Inc (also referred to as “TI”, “Domme.com”, or “Site”). By using and/or visiting this website (collectively, including all content and functionality available through the Domme.com domain name, the "Domme Website", or "Website"), you are acknowledging your agreement to (1) these Terms and Conditions (the "Terms of Service"), (2) Domme.com's privacy notice, found at http://www.Domme.com/privacy and incorporated here by reference, and (3) Domme.com's Community Guidelines, found at http://www.Domme.com/community_guidelines and also incorporated here by reference. If you do not agree to any of these terms, the Domme.com privacy policies, or the Community Guidelines, please do not use the Domme.com Website. By entering this site, you are acknowledging that you have read and understood these terms and conditions and agree to them all.

b. Although we may attempt to notify you when major changes are made to these Terms of Service, it is the Users and Domme Account holders responsibility to periodically review this page for the most up-to-date version (http://www.Domme.com/terms). Domme may, in its sole discretion, modify or revise these terms, conditions, and policies at any time, and by using the site you agree to be bound by such modifications or revisions. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.

2. Eligibility
All users must be eighteen (18) years old or over in order to register as a member, participate on and/or view this site. By entering this site, you are legally declaring that you are eighteen (18) years of age or older. Any registration by, use of or access to the Domme.com site by anyone under the age of eighteen (18) years of age and/or disclosure to non-members and/or underage users is unauthorized by Domme.com and in violation of these terms and conditions.
This site may contain text, images, and other content of a graphic and sexually explicit nature.  By viewing this site, you are declaring that the viewing of said content does not violate any of the standards or laws of your county, borough, region, municipality, town, city, state or country.
Membership, viewing, participation and use of this site are void where prohibited.
No users under the age of eighteen (18) years old may view, post, join or participate in any way on this site. Domme.com will not post, nor tolerate the posting of any content representing or relating to individuals under the age of eighteen (18) years and will assist in the prosecution of those participating in the posting, publication or sharing of any such materials relating to minors under the age of eighteen (18) years old to the furthest extent of the law.
3. Domme Website

1. These Terms of Service apply to all users of the Domme.com website, including Domme Account holders who are also contributors of video content, information, and other materials or services on the Website. The Domme.com website includes all aspects of Domme.com, including but not limited to all products, software and services offered via the website.

2. The Domme.com website may contain links to third party websites that are not owned or controlled by Domme.com. Domme.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Domme.com will not and cannot censor or edit the content of any third-party site. By using the Domme.com website, you expressly relieve Domme.com from any and all liability arising from your use of any third-party website.

3. Accordingly, we encourage you to be aware when you leave the Domme.com Website and to read the terms and conditions and privacy policy of each other website that you visit.

4. Domme Accounts

1. In order to access some features of the Domme.com website, you will have to create a Domme account. Domme Account holders may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Domme immediately of any breach of security or unauthorized use of your account. Any content uploaded by Domme Account holders (excepting profile pictures, which may not contain sexual acts) must be accompanied by complete and accurate 2257 documentation.

2. Although Domme.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Domme.com or others due to such unauthorized use.


5. General Use – Permissions and Restrictions
The Domme.com website is intended to be used as an online directory, educational resource, and social networking site made available for the use of its members and visitors. Portions of the site and/or access to select content or features may be subject to fees or membership based. Void where prohibited.
Proprietary rights for all profile and directory content on the Domme.com site are reserved for Transcendigital Inc (TI). Any and all users and Domme Account holders publishing content on this site are granting TI and Domme.com an irrevocable, royalty free license to publish said content in our directory. User-submitted content on the Domme.com site is understood to fall into two categories: 1) free content published for promotional purposes and granted license to share and publish said content and, 2) paid, non-public content which is offered for sale by the Domme Account holder. Domme.com/TI is granted the right to facilitate the sale of this content via the Domme.com web platform.
By the act of posting content, all Domme Account holders are thereby declaring that they possess the legal right to publish all content posted. Users shall not utilize, post or share pirated, unlawful, or unauthorized content of any kind. By using any and all content sharing features of the Domme.com site, you are declaring that no content or media of any kind submitted via your account, posted or shared by you on this site is in violation or infringement upon the rights of any third party, including trademark, copyright, privacy, or other proprietary rights and/or or contains libelous, defamatory or otherwise unlawful material.
All Domme Account holders publishing photographic or video content must provide accurate 2257 documentation for all materials posted on Domme.com. 2257 information is not required for user Profile Pictures, which may not contain sexual acts. No materials, content, features, code, or graphics contained on the Domme.com other than content offered for promotional material (such as free hosted galleries, banners, links, etc) can be copied, reproduced, replicated, or mirrored on another website without the written permission of Transcendigital Inc and Domme.com. All free content offered for promotional use must be utilized solely for the promotion of that content, content owner and/or Domme Account holder on the Domme.com platform.
The Domme.com site and services are not to be used in order to:

  1. Acquire, harvest, or collect email addresses or other contact information and/or to send unsolicited emails;
  2. Use this site for illegal purposes or in any unlawful manner
  3. Use this site for the advertisement or procurement of sexual services or other illegal activities or to engage in any activities which require payment for sexual services
  4. Post, upload or otherwise transmit any material on the site that contains software viruses, malware or any code, files or programs designed to contaminate or impede the functionality of the site
  5. Engage in illegal marketing methods including but not limited to spamming, junk faxing, chain letters, promotion of products and services via messaging or chat, impersonation, use of infringing trademarks in keywords or metadata
  6. Employ the use of robots, spiders, or use this site in any other manner that could damage, impair, or impede the functionality of the site
  7. Post any illegal content or information
  8. Stalk, harass, intimidate, or threaten any user or violate the privacy of any third party
  9. No unauthorized utilization of the Transcendigital IP address
  10. Use the site to share and/or sell any illegal or infringing works or content

Domme hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

a. You agree not to distribute in any medium any part of the Website, including but not limited to User Submitted Content (defined below), without Domme.com's prior written authorization. Exceptions are made for free promotional content expressly created and offered for sharing. This content must be linked back to the Domme.com website and used for the promotion of the Domme.com, content owner and/or Domme.com account holder’s profile.

b. You agree not to alter or modify any part of the Website, including but not limited to Domme.com's embeddable video player, galleries or any of its related technologies.

c. You agree not to access User Submitted Content (defined below) or Domme.com Account holder’s content through any technology or means other than the pages of the Website itself, the Domme.com embeddable video player, hosted galleries, Domme.com Account holder hosted websites or other explicitly authorized means Domme.com may designate.

(For more information about what constitutes a prohibited use of content, see our FAQ or contact us at: support@domme.com.)

d. If you use free promotional content from Domm.com’s website or Domme Account holder content (such as videos, banners, galleries, etc) on your website, you must include a prominent links back to the Domme.com website on the pages containing said content and you may not modify, build upon, or block any portion of the embeddable player, banner links, or other content in any way.

e. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Domme.com website in a manner that sends more request messages to the Domme servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Domme.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Domme.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Domme.com website with respect to their User Submissions.

f. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Domme.com Community Guidelines, and all applicable local, national, and international laws and regulations.

g. Domme reserves the right to discontinue any aspect of the Domme.com website at any time.


6. User Submitted Content and Conduct
“Users” of Domme.com may view, rate, and comment upon content submitted by “Domme.com Account holders”. As a Domme Account holder you may submit various textual and graphic content, such as photographic or video content and textual content such as comments, forum posts, and stories. Domme Account holder content and general user comments, etc are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Domme.com does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, 2257 documentation and permissions to use and authorize Domme.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to your Domme Account, you hereby grant Domme.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions that are offered as free promotional content in connection with the Domme.com Website and Domme's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Domme Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Domme Website a non-exclusive license to access your free, promotional Domme Account holder content through the Website, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your User Videos from the Domme.com Website. You understand and agree, however, that Domme.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Domme all of the license rights granted herein. All Domme.com Account holders must agree to complete accurate and current 2257 information for all content submitted and it is the Domme Account holder’s responsibility to maintaisupport@domme.comn current and accurate records both on the Domme.com site and in their offices. If there is any change in the 2257 information for any previously submitted content, you must contact us immediately at:to notify us of changes and corrections.

You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Domme Community Guidelines, found at http://www.Domme.com/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

Domme does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Domme expressly disclaims any and all liability in connection with User Submissions. Domme does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Domme will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Domme reserves the right to remove Content and User Submissions without prior notice.
a. By posting free, public content intended for the promotion of paid content on the Domme.com site, users are granting Domme.com and TI the nonexclusive, royalty free, irrevocable rights to publish, distribute and display said content on any and all of the sites owned, operated, and licensed to Domme.com, TI, and affiliates.
b. Domme Account holders are responsible for the rights and truthful and accurate legal representation of rights for all content posted. All posting of content without the appropriate rights is in violation of the terms of use. Users must provide accurate, true, and correct 2257 information for all applicable content and works posted. By posting content, users are declaring that they either own and/or are in legal possession of whatever trademarks, copyrights, and any and all other pertinent rights for such content. If there are any changes or corrections to the 2257 information for previously submitted content, you must notify us at: support@domme.com
c. Domme.com and Transcendigital Inc claim immunity from liability for user posted content to the furthest extent of the law and is not responsible for any user content posted by members and/or any third party.
d. Domme.com and TI has the right but not the responsibility to remove & delete any content and/or activity on the site that is deemed objectionable and is in no way responsible for user posted content in violation of the terms and conditions of this site that is not monitored. Users have the ability and responsibility to report any content that is objectionable, inappropriate, and in violation of the terms and conditions of this site. We are licensing our software for your use. We are granting you license to use this platform for the promotion and sale of your content. The Domme.com community is primarily user moderated and will be responsive to reports of abuse.
e. Domme Account holders are granted the ability to create profiles and post personal information, text/stories, photographs, images, graphics, comments, videos, ratings, reviews, and various other content on the Domme.com website.  In accordance with the terms and conditions of the site, all users are prohibited from posting any content of any kind that infringes on intellectual property rights, violates the copyright or trademark of a third party, is illegal, obscene, threatening, defamatory, an invasion of privacy, or is in any way injurious or objectionable to third parties.
f. Users will not utilize the site for any commercial ventures not outlined in our business programs or illegal purpose, such as email harvesting, the acquiring of email addresses or sending of unsolicited emails and/or messages, chats, bulletin posts, for spamming and/or marketing purposes.
g. Any user and/or Domme Account holder posting content on the Domme.com site is agreeing to the following:
- That all users indemnify and hold harmless Domme.com and TI for any and all claims which may result from the content that they post.
- That any and all users posted content does not violate Domme.com’s terms and conditions
- That the user owns and/or otherwise has legal rights to all of the content posted on or by their user account
- The representation of said rights (including and not limited to 2257 documentation, metatags, keywords, copyright information) is true, accurate, and not misleading


7. Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Domme.com Website.

a. The content on the Domme.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Domme.com/TI, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Domme.com and/or the respective Domme Account holder/content owners. Domme.com reserves all rights not expressly granted in and to the Website and the Content.

b. You may access Domme.com and Domme Account holder content for your information and personal use solely as intended through the provided functionality of the Domme Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Domme.com on the Domme Website for that User Submission.

c. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Domme Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Domme Website or otherwise as prohibited under this Agreement.

d. You may access Domme.com content, User Submissions and other content only as permitted under this Agreement. Domme.com reserves all rights not expressly granted in and to the Domme.com content and the Domme.com Website.

e. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

f. You agree not to circumvent, disable or otherwise interfere with security-related features of the Domme.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Domme.com Website or the Content therein.

g. You understand that when using the Domme.com Website, you will be exposed to User Submissions from a variety of sources, and that Domme.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Domme.com with respect thereto, and agree to indemnify and hold Domme.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.


8. User Rights, Cancellation, Termination
Eligible users and Domme Account holders have the ability to create a user profile and post authorized content in accordance with the terms and conditions of this site. All users have the right to cancel their account at any time and to remove their information and content. In some cases, users who have paid membership fees may be entitled to cancel their account at no cost or penalty if they cancel within the three (3) day preliminary period. In these cases, Domme.com will require a written explanation of the reason for cancellation and/or proof of non-fulfillment of advertised service.
Domme.com reserves the right to cancel any user account, terminate membership, and block access to the site in the event of any misuse or violation of the terms and conditions of this site, in some cases without refund.
1. Domme will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

2. Domme reserves the right to decide whether Domme Account holder content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Domme may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.


9. Affiliate Stores
Stockroom.com is the exclusive affiliate store of Domme.com. No other adult toy stores are to be promoted on the Domme.com site without the express written permission of Domme.com and Transcendigital Inc. Links to Stockroom.com stores and products shall not be removed, tampered with, blocked, or by any other means obscured from the primary navigation bar, profile pages, or any other content pages that display Store links or features unless otherwise agreed upon in writing by Domme.com and Transcendigital Inc.


10. Cookies. Yum.

Like most interactive websites on the World Wide Web today, Domme.com/Transcendigital utilizes cookies to allow us to retrieve user data and details for each visit. Cookies are used in certain areas of the site to enable the functionality of certain features and improve the ease of use for site members and users. If you are experiencing an issue with the Domme.com site, please be sure that you aren’t blocking our cookies.

11. Proprietary Rights of Software & Content

The software used to develop and operate Domme.com is the property of Transcendigital Inc and is protected by United States and International copyright law. The trademarks, design, and elements of this site are protected by copyright and cannot be copied, modified, replicated, distributed, or sold without the express written consent of Domme.com and Transcendigital.


12. Member Disputes, Common Sense, and Safety

Domme.com is not responsible for the content, information, or events posted by our members or users on this site. If you find any content on the site that you suspect to be illegal, in infringement of the terms and conditions of the site, or offensive in any way, please report it using the link provided on the page. Domme.com has the right, but not the responsibility, to monitor any and all content and disputes between members.
			
Domme.com/TI does not perform criminal background checks on the users and/or members of this site, and any user interaction on this site is engaged in at the sole discretion and risk of the users. We offer no endorsement of the safety, integrity, or veracity of third parties. By utilizing this site you are acknowledging the assumption of any and all risks incurred by interacting with other users and attending events. Please use caution, safety and common sense when interacting with other users and using this site.
 
Unless otherwise posted, any events posted on the site are not run by or endorsed by Domme.com and/or TI. Attendance at any posted event is at the sole risk of the user.  Users shall not post any events that are illegal or that promote illegal activities. There can be no recording of participants at events or posting of content from events without each participant’s prior express permission and the necessary documentation.
 
If you are in California, by using this site you are waiving any and all rights and benefits conferred upon you by the provisions of Section 1542 of the California Civil which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

13. Copyright Infringement/DMCA
In accordance with the Digital Millennium Copyright Act (DMCA) Domme.com & TI will respond to any reported allegations of copyright violations. The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service 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 owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
a. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) 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 at a single online site are covered by a single notification, 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 the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement 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; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Domme.com's designated Copyright Agent to receive notifications of claimed infringement is: Mike Herman, 2807 W. Sunset Blvd., Los Angeles, CA 90026, email: Support@Domme.com, fax: 213-484-8677.

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Domme customer service through: support@domme.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

b. Counter-Notice. If you believe that your Domme Account Content or User Submission 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 post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

* Your physical or electronic signature;
* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Domme.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Domme.com's sole discretion.

14. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE DOMME.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DOMME.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DOMME.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DOMME.COM WEBSITE. DOMME.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DOMME.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DOMME.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


15. Liability, Indemnity, Arbitration
By using this site you agree to indemnify and hold Domme.com, TI and its subsidiaries, affiliates, directors, agents, officers, members, managers, partners, employees and representatives harmless from any and all losses, liabilities, demands, claims, class action, suits, fines, and actions, including and not limited to reasonable attorney’s fees and/or court costs, made by any third party due to and/or arising out of your use and/or misuse of this site and its services.


a. Limitation of Liability
IN NO EVENT SHALL DOMME.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DOMME.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT DOMME.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Domme.com from its facilities in the United States of America. Domme.com makes no representations that the Domme.com Website is appropriate or available for use in other locations. Those who access or use the Domme.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

b. Indemnity
You agree to defend, indemnify and hold harmless Domme.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Domme.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Domme.com Website.

c. Arbitration
According to the rules of the American Arbitration Association, if a dispute arises out of or relates to these terms and conditions or the breach thereof and/or the use of this site or relationship with Domme.com/TI, such disputes shall be submitted to binding arbitration that will have exclusive jurisdiction and take place exclusively in Los Angeles, CA.

16. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

17. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Domme.com without restriction.

18. General

You agree that: (i) the Domme.com Website shall be deemed solely based in California; and (ii) the Domme.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over Domme.com, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Domme.com that arises in whole or in part from your use of the Domme.com Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at http://www.Domme.com/privacy and any other legal notices published by Domme.com on the Website, shall constitute the entire agreement between you and Domme.com concerning the Domme.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Domme.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Domme.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Domme.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DOMME.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DOMME.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Copyright © 2010 – Domme.com/Transcendigital All Rights Reserved