PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DOM LO STUDIOS. BY ACCESSING, DOWNLOADING, USING, PURCHASING FROM AND/OR SUBSCRIBING TO THE DOM LO STUDIOS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN CEASE USING DOM LO STUDIOS SERVICES IMMEDIATELY.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS IS THE WAY THAT DISPUTES UNDER THIS AGREEMENT BETWEEN YOU AND DOM LO STUDIOS WILL BE RESOLVED. THE ARBITRATION CLAUSE REQUIRES THAT DISPUTES BETWEEN YOU AND DOM LO STUDIOS BE SUBMITTED TO BINDING AND FINAL ARBITRTION UNLESS YOU OPT OUT. IN ADDITION: I) YOU WILL ONLY BE PERMITTED TO PERSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND II) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE BELOW FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
IF YOU ARE A RESIDENT OF THE EUROPEAN UNION, UNITED KINGDOM, OR CERTAIN OTHER COUNTRIES OUTSIDE THE UNITED STATES, YOU MAY HAVE ADDITIONAL RIGHTS OR CERTAIN PARTS OF THIS AGREEMENT, SUCH AS THE ARBITRATION AGREEMENT. MAY NOT APPLY TO YOU.
We recommend that you save a copy of this Agreement for your records. You may receive a copy of this agreement by emailing Dom Lo Studios at: firstname.lastname@example.org
Use of Our Service
Dom Lo Studios website and Services provide a digital platform for our customers and potential customers to see our designs, commission our design services, order and/or purchase custom made items from us and communicate with us about our products, services and orders and purchases.
This is a contract between you and Dom Lo Studios. You must read and agree to these terms before using the Dom Lo Studios Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Dom Lo Studios, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Dom Lo Studios.
Dom Lo Studios Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Dom Lo Studios reserves all rights not expressly granted herein in the Service and the Dom Lo Studios Content (as defined below). Dom Lo Studios may terminate this license at any time for any reason or no reason.
Dom Lo Studios Accounts
Your Dom Lo Studios account enables you to view examples of our work, currently available items and to place and track orders for our design services and products. We may maintain different types of accounts for different types of Users. If you open a Dom Lo Studios account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Dom Lo Studios with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Dom Lo Studios immediately of any breach of security or unauthorized use of your account. Dom Lo Studios will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the your information. By providing Dom Lo Studios with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Agreement to Terms and Rules of the Service
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Dom Lo Studios servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Dom Lo Studios grants the operators of public search engines revocable permission to use spiders to copy publically available materials from Dom Lo Studios.com 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); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We reserve the right, at Our discretion, to modify, add, or discontinue the Dom Lo Studios Services or any portion thereof, at any time, for any reason, and without liability to You. We reserve the right to make such modifications, additions, or discontinuances without such notice if needed to comply with law, protect or enforce legal rights, or otherwise to address or prevent an emergency. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
We reserve the right at our sole discretion, to i) monitor the website and mobile applications of Dom Lo Studios for breaches of these Terms and Conditions; ii) take appropriate actions to correct violations or to comply with legal obligations.
You are solely responsible for your interactions with other Dom Lo Studios Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Dom Lo Studios shall have no liability for your interactions with other Users, or for any User’s action or inaction.
User Content License Grant; Email Content License Grant
By posting or transmitting information to Dom Lo Studios on or through the Service (i.e. photos of interior spaces; specs; designs, etc.), you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Dom Lo Studios a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Dom Lo Studios (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
By allowing Dom Lo Studios to access your email, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Dom Lo Studios a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, list information regarding, edit, translate, distribute, and make derivative works of all email content and metadata in whole or in part, for use in connection with the Service and Dom Lo Studio (and its successors’ and affiliates’) business.
Mobile Software. We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Dom Lo Studios does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Dom Lo Studios hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Dom Lo Studios account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Dom Lo Studios may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Dom Lo Studios or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Dom Lo Studios reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Dom Lo Studios Service.
Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Dom Lo Studios, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Dom Lo Studios as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Dom Lo Studios as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Dom Lo Studios, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Dom Lo Studios acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
Our Proprietary Rights
The Dom Lo Studios Services are owned and operated by Dom Lo Studios, LLC. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, content, software, code, products, mobile device applications, images, visual interfaces, information, text, graphics, compilations, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Dom Lo Studios Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Dom Lo Studios and its (collectively, the “Materials”). These Materials are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Dom Lo Studios Services are the property of Dom Lo Studios or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Dom Lo Studios Services are proprietary to Dom Lo Studios or its affiliates and/or third-party licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights in the Materials, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Dom Lo Studios Content and Materials. Use of the Dom Lo Studios Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dom Lo Studios under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dom Lo Studios does not waive any rights to use similar or related ideas previously known to Dom Lo Studios, or developed by its employees, or obtained from sources other than you.
Dom Lo Studios Property
The Service contains data, information, and other content not owned by you, such as images of Dom Lo designs and concepts (“Dom Lo Studios Property”). You understand and agree that regardless of terminology used, Dom Lo Studios Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Dom Lo Studios’s sole discretion. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Dom Lo Studios on Dom Lo Studios servers, including without limitation any data representing or embodying any or all of your Dom Lo Studios Property. You agree that Dom Lo Studios has the absolute right to manage, regulate, control, modify and/or eliminate Dom Lo Studios Property as it sees fit in its sole discretion, in any general or specific case, and that Dom Lo Studios will have no liability to you based on its exercise of such right. All data on Dom Lo Studios servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON DOM LO STUDIOS’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN DOM LO STUDIOS’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. DOM LO STUDIOS DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON DOM LO STUDIOS’S SERVERS.
Purchases Made via the Dom Lo Website Services
Purchase, Billing and Shipping Policies. All products in our collection are considered final sale and are not eligible for return. Additionally, any custom orders may not be cancelled after 48 hours of order placement and cannot be returned (shipping will be through a third party we will not be liable for shipping damages) or manufacturer defect. If you have questions about which items are non-returnable, please do not hesitate to contact our support team. All information regarding our service level definitions, damages, costs, arrival timing, shipping methods and other FAQs are located on our Shipping policies that will be made available to you at time of purchase and finalization of your order.
Promo Codes. We reserve the right to correct errors (whether by changing information on the Dom Lo Studios Services or by informing You of the error and giving You an opportunity to cancel Your order) or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final. Dom Lo Studios may, from time to time in its sole discretion, offer certain promotional codes (“promo codes”) for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Dom Lo Studios at any time in Our sole discretion.
Returns and “No Refunds” Policy. All goods are made-to-order and cannot be returned and/or cancelled after 48 hours. All sales are final. This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose—except as covered within the scope of Dom Lo’s limited warranty as set forth below. From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Dom Lo Studios reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Limited Warranty on Made-to-Order Furniture Goods. Do Lo Studios warrants that made-to-order furniture goods will be free from defects in workmanship and materials for one (1) year from the date of pick-up (i.e. transfer of possession to client/customer). This warranty does not apply to damage resulting from customer or third-party misuse, accidents, abuse, neglect, mishandling, environmental factors or excessive wear and tear. This warranty does not cover any products manufactured by 3rd party vendors or client's/customer’s own material. Defective made-to-order furniture goods will be replaced within the standard production time period required to reorder and manufacture the same product. Dom Lo Studios assumes no liability for commercial loss, personal injury and/or consequential damages that may arise as a result of any product defect. The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise, including, but not limited to, any implied warranties of merchantability or fitness. As stated above, all other materials and products are provided “as is”.
Risk of Loss. All products that may be purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Dom Lo Studios. Title to products purchased on the Service, as well as the risk of loss for such products, passes to you when Dom Lo Studios or our supplier delivers these items to the carrier.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
Payments. If you dispute any payment made hereunder, you must notify Dom Lo Studios in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to so notify Dom Lo Studios shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Dom Lo Studios. No other measurements or statistics of any kind shall be accepted by Dom Lo Studios or have any effect under this Agreement and you shall have no audit rights hereunder. We may withhold any taxes or other amounts from payments due to you as required by law.
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
No Professional Advice
If the Service provides professional information (for example: specifications of certain materials used in manufacture of our products), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area or specialty.
You may sign up to receive certain Dom Lo Studios notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Dom Lo Studios cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. YOU AGREE TO NOTIFY DOM LO STUDIOS IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY. DOM LO STUDIOS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGES, LIABILITY, EXPENSES OR ATTORNEY’S FEES THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSPORT OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
Since we respect artist and content owner rights, it is Dom Lo Studios’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Dom Lo Studios’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Dom Lo Studios to contact you, such as your address, telephone number, and, e-mail address;
5. 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 law; and
6. A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Dom Lo Studios Corp
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Dom Lo Studios and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Dom Lo Studios’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Dom Lo Studios has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Dom Lo Studios may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Links and Information
Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Dom Lo Studios shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. Dom Lo Studios and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOM LO STUDIOS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DOM LO STUDIOS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. YOU BEAR THE ENTIRE RISK OF YOUR USE OF THE SERVICE AND THE SERVICE’S QUALITY, RELIABILITY AND PERFORMANCE.
DOM LO STUDIOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DOM LO STUDIOS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND DOM LO STUDIOS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOM LO STUDIOS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL DOM LO STUDIOS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOM LO STUDIOS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND/OR LOSS OF YOUR DATA; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DOM LO STUDIOS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DOM LO STUDIOS HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DOM LO STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH DOM LO STUDIOS. YOU ACKNOWLEDGE AND AGREE THAT DOM LO STUDIOS HAS OFFERED THE DOM LO STUDIOS SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DOM LO STUDIOS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DOM LO STUDIOS. DOM LO STUDIOS WOULD NOT BE ABLE TO PROVIDE THE DOM LO STUDIOS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
YOU RELEASE US. To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, product liability, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Content provided by, other Dom Lo Studios Services Users or (2) any third-party site, products, services, and links included on or accessed through the Dom Lo Studios Service; (3) any product (i.e. furniture or art work) that you may order, commission, purchase from Dom Lo Studios.
Dom Lo Studios third-party partners may from time to time alert you to events (i.e. show room or gallery receptions) that you may wish to attend where alcohol will be served. Dom Lo Studios does not have any control over such events. Dom Lo Studios does not endorse or encourage the consumption of alcoholic beverages. In the event that you do chose to consume alcohol at an event, you certify that you are of legal drinking age in the jurisdiction where you are located and where such event is taking place. You are expected to use common sense and to know your own limits pertaining to the consumption of alcohol. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO CONSUME ALCOHOL AT AN EVENT IS SOLELY A PERSONAL DECISION AND YOU ASSUME ALL RISKS, AND ACCEPT FULL RESPONSIBILITY, FOR ANY ALL CONSEQUENCES RESULTING FROM YOUR CONSUMPTION OF ALCOHOL.
YOUR ATTENDANCE AT AN EVENT IS VOLUNTARY, AND YOU FULLY ACCEPT ANY AND ALL ASSOCIATED RISK WITH ATTENDING AN EVENT. YOU FURTHER RELEASE (BOTH ON BEHALF OF YOU AND YOUR FAMILY, FRIENDS, HEIRS, EXECUTORS, AND PERSONAL REPRESENTATIVES), DOM LO STUDIOS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), FROM AND AGAINST ANY LOSS (WHETHER OF WAGES OR OTHER EARNINGS, CONSORTIUM OR OTHERWISE), INJURY, DISABILITY, DEATH, COST, EXPENSE, DAMAGE (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL AND/OR OTHERWISE) OR OTHER CLAIM OF ANY KIND WHATSOEVER (COLLECTIVELY, “CLAIMS”) DIRECTLY OR INDIRECTLY ARISING OR RESULTING FROM, OR OTHERWISE RELATING TO, YOUR ATTENDANCE AT AN EVENT. YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL DEMANDS, SUITS, PROCEEDINGS, ACTIONS, JUDGMENTS AND OTHER CLAIMS OF ANY KIND WHATSOEVER THAT ANY OF THEM MAY SUFFER OR INCUR, DIRECTLY OR INDIRECTLY, ARISING OR RESULTING FROM, OR OTHERWISE RELATING TO, YOUR ATTENDANCE AT AN EVENT OR ANY RESULTING OR RELATED ACTS, EVENTS OR CIRCUMSTANCES. YOU ACKNOWLEDGE THAT DOM LO STUDIOS DOES NOT OWN, ENDORSE OR CONTROL ANY EVENT POSTING OR OFFER AND ALL EVENT POSTINGS AND OFFERS ARE ENDORSED BY THE ORGANIZER OF SUCH EVENT.
DOM LO STUDIOS HAS NO LIABILITY TO ANY EVENT ORGANIZER OR PROMOTER OR ANY EVENT ATTENDEES FOR ANY INJURY, ILLNESS, DEATH OR LOSS OF PROPERTY, OR ANY DAMAGE OCCURRING AT OR RELATING TO AN EVENT, DIRECTLY OR INDIRECTLY, INCLUDING INJURY, ILLNESS, DEATH, LOSS OF PROPERTY OR ANY OTHER DAMAGE CAUSED BY OR ARISING OUT OF THE ACTIONS BY ANY PARTICIPANT. ALL USERS OF THE DOM LO STUDIOS APPLICATION, HEREBY, AGREE TO FULLY RELEAS DOM LO STUDIOS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO EVENTS AND OFFERS, INCLUDING ANY INJURY, ILLNESS OR DEATH OR LOSS OF PROPERTY CAUSED BY ANYONE AT AN EVENT.
The Dom Lo Studios Service is controlled and operated from facilities in the United States. Dom Lo Studios makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
As a user of the Dom Lo Studios Service, You agree to defend, indemnify and hold harmless Dom Lo Studios and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (whether in contract, tort or statute) (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence and/or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Governing Law. You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of New York including its statutes of limitations without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York County, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DOM LO STUDIOS. For any dispute with Dom Lo Studios, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Dom Lo Studios has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, New York, unless you and Dom Lo Studios agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Dom Lo Studios from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DOM LO STUDIOS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dom Lo Studios without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Force Majeure. Dom Lo Studios shall not be liable for delay or failure in the performance of any of its obligations hereunder if such delay or failure is due to causes beyond its reasonable control, including, without limitation any of the following: war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; act of terrorism, sabotage or piracy; plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization; act of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break-down of transport, telecommunication or electric current; general labor disturbance such as but not limited to boycott, strike and lock-out, go-slow, occupation of factories and premises; shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subject Party (“Force Majeure Event”).
Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Dom Lo Studios in connection with the Service, shall constitute the entire agreement between you and Dom Lo Studios concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Dom Lo Studios’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact. Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.