By accessing or using this website at www.domedia.com (the “Site”) you explicitly agree to comply with, and be bound by, the following terms and conditions (the “Terms and Conditions”). DOmedia, LLC, its subsidiaries and affiliates (collectively, “DOmedia”) may change or modify these Terms and Conditions at any time without notice to you. It is your responsibility to periodically review these Terms and Conditions for updates or changes. By using this website from time to time, it is presumed that you have read through these Terms and Conditions and failure to do so shall be a complete bar on any and all claims in law or equity that you bring against DOmedia for any reason whatsoever.
DOmedia provides you with access to this Site and the services available on it, including but not limited to, other websites as indicated below (collectively, the “Services”). Access to and use of the Services shall be governed at all times by these Terms and Conditions.
The Services include the Site and may also be located on third party websites or applications either by way of a link from an add-on service to, or otherwise in connection with, websites that such third parties control. Nothing in any of the Services shall be deemed and offer or promise to sell a specific product for a specific price or on any specified terms. DOmedia does not guarantee the price, terms, product, availability or services offered or provided by any third party. DOmedia is not involved in any transactions between you and any third party, and is not responsible for, and does not warrant, represent or guarantee any goods, services, information or otherwise provided by third parties. If you should have a dispute with a third party, DOmedia is in no way legally responsible for any claims in law or equity, demands or actual, consequential, incidental, nominal, special or punitive damages of any type, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand or dispute.
DOmedia expressly reserves the right to modify or discontinue the Services or any portion thereof, the offering of any information, goods, contents, products, services or otherwise with or without notice. DOmedia shall not be liable to you or any third party should DOmedia exercise its express right to modify or discontinue the Services or any portion thereof.
For Sellers only – transaction fee for sales brought to seller from efforts of DOmedia™. By agreeing to these Terms and Conditions, you hereby further agree to be invoiced and agree to pay up to a 5% Transaction Fee (the “Transaction Fee”). The Transaction Fee is to be paid by Seller to DOmedia™ after (i) DOmedia™ recommends Listed Media to a potential buyer; and (ii) potential Buyer agrees to Order the Listed Media through the DOmedia™ Website. The Transaction Fee shall be percentage of up to 5% based upon the Final Price Seller provides for the Listed Media. By agreeing to these Terms and Conditions, you hereby consent to being invoiced and agree to pay such Transaction Fee should you sell Listed Media by way of the DOmedia™ website. You further understand and acknowledge that the official terms of the Seller Agreement between Seller and DOmedia™ are available by contacting DOmedia™ at sales@domedia.com. You acknowledge and agree that it is your responsibility to request in advance the Seller Agreement should you so desire to review the terms, conditions and definitions contained therein. All capitalized terms contained in this paragraph are defined in and shall have the same meaning as set forth in the Seller Agreement. BY AGREEING TO THE TERMS AND CONDITIONS CONTAINED HEREIN YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SELLER AGREEMENT.
All materials on the Site, regardless of whether copyrighted, including, but not limited to, the design, text, search results, graphics, pictures, sound files and other files, and the selection, arrangement and compilation of information (collectively, the “Materials”) are ALL RIGHTS RESERVED Copyright ©DOmedia, LLC and/or its licensors. By accessing or using the Site, you are hereby granted a limited, non-assignable, non-sublicensable, and nonexclusive license to access and use this Site and Services therein and to print the Materials for your personal, informational and non-commercial use only. We expressly reserve the right, without notice and in our sole, good faith discretion, to terminate your license to access or use the Site and/or to prevent or block you from future access or use of this Site and the Services related thereto.
This license does NOT include the right for you to:
Excluding the rights set forth above, you are conveyed or granted any further right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, confidential or proprietary information of DOmedia or any third party. Unauthorized use of the Site or breach of the license granted hereunder will immediately terminate your rights under the license. Any unauthorized use may be in violation of federal, state or local law, regulations or guidelines. Any such violation is solely your responsibility and you shall indemnify DOmedia for any claim in law or equity that may be brought against us as a result of your unauthorized use.
DOmedia and any and all of our logos related thereto are either trademarks or service marks of DOmedia. Any and all logos of third parties that may be on or available through the Site are the trademarks or service marks of the respective third parties. Any such trademarks or service marks of DOmedia or third parties shall not be copies, imitated or used in whole or in part without prior written consent. You shall not use any Meta tags or any type of ‘hidden text’ utilizing DOmedia or any third party without the prior written consent of that respective party. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of DOmedia or a third party and shall not be copied, imitated or used in whole or in part without the prior written consent of the respective party. Any reference to a product, service, process, information, or otherwise contained on or available through the Site does not constitute or imply any endorsement, sponsorship, recommendation, approval or otherwise by DOmedia.
DOmedia complies with the provisions of the Digital Millennium Copyright Act (the “DMCA”) as applicable to Internet service providers (17 U.S.C. § 512). If you reasonably and in good faith believe that your work has been copied, imitated or improperly used in violation of the federal copyright laws and has been posted to the Site, please provide DOmedia with all of the following information in writing:
Before sending a notice to DOmedia, you should confirm that you are the rightful copyright owner or have the lawful rights to the copyright which the DMCA requires. Failure to include all of the information requested herein may result in a delay or failure to review your claim.
Please send such notice to:
DOmedia, LLC
Attn: Legal Department
274 Marconi Boulevard, Suite 400
Columbus, Ohio 43215
USA
The Services available through the Site includes links to websites of third parties. Such third-party websites are not under the control of DOmedia. DOmedia provides these links to you only as a convenience, and the inclusion or availability of any third party website through the Site is in no way intended to be or imply an affiliation, endorsement, approval of, adoption or otherwise by DOmedia. DOmedia is not responsible or liable for any content or otherwise of any third party website made available through the Site. It is solely your responsibility to make the necessary investigations you deem appropriate before proceeding with any transaction with any third party. Upon leaving the Site, these Terms and Conditions no longer govern the new website that you may be visiting. It is solely your responsibility to locate and review all applicable terms and conditions therein.
DOmedia is not a publisher of content supplied by third parties or users of the Site. Any and all opinions, advice, statements, services, goods, products, offers or other information expressed or made available by third parties are those solely of the respective author(s) or distributor(s), not DOmedia. DOmedia does not endorse, approve, nor are we responsible for the accuracy, reliability or currency of any opinion, advice, statement or otherwise made on any third party website.
IN NO EVENT SHALL DOMEDIA, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR ANY DAMAGES CAPABLE OF REMEDY AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, MATERIALS OR SERVICES.
THIS SITE, THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT ISE OF THIS SITE, THE MATERIALS AND/OR THE SERVICES OR OTHERWISE IS AT YOUR SOLE RISK. DOMEDIA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO ANY MATERIALS, INFORMATION OR OTHERWISE ON THE SITE. DOMEDIA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS OR OTHERWISE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. DOMEDIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, PHOTOGRAPHY, TEXT OR OTHERWISE.
These Terms and Conditions shall be governed by the laws of the State of Ohio without regard to conflicts of law. DOmedia’s failure to exercise or enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of any future right or provision. If any provision or right contained in these Terms and Conditions is found by a court of competent jurisdiction to be invalid, such provision or right shall be severed from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to be binding upon you to the maximum extent allowed by law.
Any and all claims or controversies arising out of or related to these Terms and Conditions will be settled in binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (the “AAA”). Any and all claims or controversies must be arbitrated on an individual basis and must not be consolidated in any arbitration with any other claim or controversy of any other party. Such arbitration shall be conducted in Columbus, Ohio and any judgment rendered may be entered into any court having jurisdiction thereof. Either you or DOmedia may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio as may be necessary to protect the rights or property of you or DOmedia.
With respect to any litigation based on, arising out of, or in connection with the use of this Site, the Services or the Materials, the parties hereby expressly submit to the personal jurisdiction of the State of Ohio located in Franklin County or the United States District Court for the Southern District of Ohio (and any courts of appeal respectively there from). The parties hereby expressly waive, to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above, including without limitation any claim that any such litigation has been brought in an inconvenient forum.
Regardless of any statute, law, regulation or otherwise to the contrary, and claim or controversy arising out of or related to the use of the Services or Site must be filed within one year after such claim or controversy arose. Failure to file such claim or controversy within the allotted one year shall be forever barred.