Terms Of Use

Content Creators

For purposes of these Terms, "Content Creator" may be defined as an individual or entity that is responsible for the ideation and creation of content that connects a brand or entity to its prospective audience, particularly in digital contexts. Content Creators who view, interact, link to or otherwise use or derive any benefit from the website are considered "Users" as defined above.

The Site is a content sharing platform that enables Content Creators to connect their audiences with their most recent and relevant content. In addition, the site allows Content Creators to create a DMS link which contains brand promotions that are offered to their Followers.

The Site creates a DMS landing page for each Content Creator, where they can describe what DMS is and allows them to share a link extension with their Followers. The Site also provides them a custom link to be shared on their platforms.

Content Creators will be able to put all their links on their landing page, connect their social media links, edit their profile, edit notifications, change their password, add new links and titles to their landing page, edit current links, and view analytics on performance dashboard.

Content Creators' Content – What Is and Isn't Allowed

Content Creators' content ("Content") means the text, graphics, videos, links, and any other materials that you are able to create, submit, post, promote, upload or display on the Content Creators' DMS's landing page. Content Creators are responsible for their content and warrant that:

• You retain all the rights to your Content. You represent and warrant that (i) you have all the rights, licenses, consents, permissions, power and/or authority necessary to create, submit, post, promote, or display your Content, or (ii) you are otherwise legally entitled to do so;
• None of the content will violate the privacy, publicity or intellectual property rights of anyone else;
• The content will not be (i) misleading or deceptive, intended or designed to misinform, or likely to misinform a reasonable person, (ii) cause DMS to break any laws or legal obligations, or (iii) damage DMS's reputation;
• The content does not contain any viruses or other harmful code, files, or programs designed to interrupt or damage the functionality of the Site or any other software, hardware or device;
• You will not use, or authorize others to use, automated scripts or other scraping tools to collect information from your DMS's profile or from the Site;
• You won't post any unauthorized advertising, solicitations, or endorsements on DMS;
• We may, in our sole discretion, remove your Content or information you share on DMS if we believe that such Content or information violates any of DMS's policies or guidelines, now in place or as instituted in the future.

Followers

For purposes of these Terms, "Follower(s)" may be defined as a person who subscribes to the opinions, ideas, and /or beliefs of another. On social media, Followers like, subscribe and follow accounts and pages in order to receive notifications and see the content those creators post on their news feeds. Followers who view, interact, link to or otherwise use or derive any benefit from the website are considered "Users" as defined above.

The Site allows Followers to search for Content Creators, promotions, exclusive offers, and to look for savings offered by the Content Creators.

By downloading a DMS extension from a Content Creators' landing page, the Followers may receive offers and other personalized and non-personalized pricing and product information regarding goods and services promoted by the Content Creators and/or offered by third-party merchants from whom the Follower purchases the product. These offers and product information may be provided in several ways, including as links to third-party websites or as coupons or discount codes that can be applied to purchases of products offered by third-party merchants.

Once Followers download the DMS extension, they are able to sign up and create a DMS account, where they are able to identify different categories of deals they are interested in, as well as find new Content Creators.

After obtaining a DMS extension, Followers may receive pop-up notifications when visiting a website where a link exists for the Content Creators that they follow or where a link exists on the DMS catalogue.

DMS is not involved in the Followers' merchant product or service purchase and is not able to assist with any customer service inquiries or returns related to that purchase. DMS is only a platform that allows Followers to find personalized and non-personalized promotions, and to find Content Creators.

Privacy Policy

Our Privacy Policy found [here] describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. By using the Site and functions applicable for Content Creators and Followers (hereafter collectively referred to as "DMS Functions"), you agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

Third-Party Links

We do not warrant that the product descriptions, third-party offers or discount codes, or related merchant information or terms shown through the Site are accurate, complete, reliable, current, or error-free.

The inclusion of any products within the Site or offered by the Content Creators at a particular time does not warrant that these products will be available at any other time. Offers, coupons, and discount codes are provided subject to availability.

The Site Is Not Responsible for Third Parties

All products that Followers purchase from a third-party merchant are: (i) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping and handling); and (ii) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by DMS.

The purchase from a third-party merchant is subject to such merchant's own terms and conditions applicable to such purchase. We are not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.

Third-Party Websites and Purchases

The Site allows Followers to view information about products listed for sale by third-party merchants online, find offers on those products, and find Content Creators that promote those products. Followers may obtain product information and saving opportunities through the DMS extension when Followers are on a third-party merchant's website.

User Account ("Account")

As part of your use of the Site we may require you to create an account with DMS. In doing so, you agree to voluntarily provide information needed for the account creation process and you agree that our handling of that information is governed by these Terms and the above mentioned Privacy Policy.

You are solely responsible for your Account and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to your Account or DMS's Functions. You can contact us at support@domeasolid.co

We require all users to be at least 18 years old. If you are at least 13 years old but under 18 years old, you may only use DMS through a parent or guardian's Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our DMS's Functions if you are under 13 years old.

The username you choose in your account must be appropriate for everyone and cannot infringe someone else's rights, including intellectual property rights. By using the Site and creating an account, you represent and warrant that you are the owner of that account. DMS reserves the right to request additional information to verify your identity.

User Conduct

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site subject entirely to provisions of these Terms and the Privacy Policy. Our grant of such license is subject to the following conditions:

• Unlawful Activity: You agree not to engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the United States ("U.S.") Department of Treasury's Office of Foreign Assets Control ("OFAC"), or that involves proceeds of any unlawful activity.
• Commercial Use & Gambling: You agree not to utilize the Site (i) to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance and/or (ii) for commercial purposes inconsistent with these Terms or other instructions provided by DMS.
• Local Law: If you access or use DMS's Functions outside the United States and United Kingdom, you acknowledge that you are solely responsible for ensuring that your access and use of the Site and DMS's Functions in such country, territory or jurisdiction does not violate any applicable laws.
• Abusive Activity: You agree not to engage in any activity that poses a threat to DMS, such as distributing a virus or other harmful code or through unauthorized access to the Site or other users' accounts.
• Inappropriate Behavior: You agree not to interfere with other Users' access to or use of the Site.
• Communication: You agree not to communicate with other Users for purposes of sending unsolicited advertising or promotions, hate speech, harassment, or spam.
• Fraud: You agree not to engage in any activity which operates to defraud DMS, other Users, or any other person.
• FTC Compliance: You agree to and warrant that your conduct is compliant with the Federal Trade Commission (FTC) guidelines.
• Taxes: You acknowledge that DMS is not responsible for determining taxes that apply to your transactions.
• Intellectual Property Infringement: You agree not to engage in transactions involving items that infringe or violate any intellectual property rights.

App Terms

Using our app involves downloading and installing software to your mobile or tablet device. We may automatically update that software and these Terms will apply to any updates.

We grant you a limited, revocable, non-exclusive, non-transferable, worldwide right to download and install the app on devices which you own and control.

Your use of the app may be subject to separate agreements you may enter into with your mobile device operating system provider, your mobile device manufacturer, your mobile service carrier, and other parties.

You acknowledge and agree that we are solely responsible for DMS's app, and for providing any maintenance or support services for DMS's app.

The Covered Third Parties and their subsidiaries are third party beneficiaries of these Terms and will have the right to enforce these Terms against you as such as a beneficiary.

Subscription and Fees

When you sign up to DMS, you are signing up to a free plan and can cancel it at any time.

Your plan will start when You accept these Terms and continue until you cancel it. To cancel, email us at support@domeasolid.co.

Licensing Your Content

In connection with your use of the Site or DMS's Functions, you may be able to post, upload, or submit your Content to be made available through the Site. You retain all rights to your Content you post, upload, submit, or otherwise make available through the Site, except for rights expressly granted herein.

In order to operate the Site, we must obtain from you certain license rights in your Content so that actions we take in operating the Site are not considered legal violations.

Copyright Infringement Complaints Under the Digital Millennium Copyright Act

DMS respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property rights of any person. DMS will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act ("DMCA") and these Terms, including removing or disabling access to content claimed to be infringing and terminating accounts and access to the Site.

The DMCA Process and Procedure

The DMCA provides a process for a copyright owner to give notification to us concerning alleged copyright infringement. When an effective DMCA notification is received, we will respond under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the Content Creator responsible for creating the removed content so that a counter notification may be filed if applicable. On receiving a valid counter notification, we generally restore the content in question, unless we receive notice from the DMCA notice provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Our Privacy Policy does not protect any information contained in any DMCA take-down notice or counter notification. If you have any questions about your rights, copyright infringement, or the notification and counter notification process under the Digital Millennium Copyright Act (the "DMCA"), we recommend that you speak with an attorney.

Filing a DMCA "Take Down" Notification

If you are a copyright owner or an agent thereof and believe that any Content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C. § 512 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, 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 us to locate the material.
• Information reasonably sufficient to permit us to contact you (the complaining party).
• A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized.
• A statement that the information in the notification is accurate, and under penalty of perjury.

Where to Send a DMCA Request

You must submit your DMCA Take-Down Notices and Counter Notifications to us by email at the following email address: support@domeasolid.co with the following subject/heading for the email: "DMS DMCA Take Down Notification."

Official DMCA Notices must provide all the information described above in order to be effective. If your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing content.

Responding to a DMCA Notice with a Counter Notification

We will take reasonable steps to promptly inform you if your Content has been taken down upon receipt of an effective DMCA Infringement Take-Down Notification. If you believe that the Content 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 mint and use the material, you may send us a counter notification containing the following information (see 17 U.S.C. § 512 for further detail):

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the U.S. district court in the state in which you reside.

Disclaimers

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND DMS EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

DMS (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SITE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNT YOU HAVE PAID TO DMS FOR THE SERVICES IN THE LAST SIX MONTHS.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Assumption of Risk

You accept and acknowledge:

• You are solely responsible for determining what, if any, taxes apply to your transactions.
• There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions.
• If you have a dispute with one or more Users, you release us from claims, demands, and damages of every kind and nature.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless DMS, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the "DMS Parties"), from and against all claims, damages, judgments, liabilities, fees, expenses.

• Any feedback you provide
• Your violation of these Terms
• Your violation of the rights of a third party, including another user
• Any intellectual property disputes relating to the use of the Site
• Your failure to pay any withholding taxes or sales taxes in connection with your transactions.

Changes to these Terms

We may revise these Terms from time to time. If we make a change to these Terms that, in our sole discretion, is material, we will take steps to notify all users by a notice on the site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the DMS Functions. The most current version of the Terms is available by clicking on the "Terms and Conditions" link on the Site.

Governing Law and Venue

These Terms and your access to and use of the Site shall be governed by and construed and enforced in accordance with the laws of the State of California (without regard to conflict of law rules or principles of the State of California, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth previously or cannot be heard in small claims court, shall be resolved in the state or federal courts of Los Angeles County in the State of California, and the United States, respectively, sitting in the California.

Assignment

DMS may assign, without recourse, any or all of its rights or obligations under this Agreement, including all or a portion of this Agreement.

Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect after and notwithstanding any termination of these Terms by DMS or you. Termination will not limit any of DMS's other rights or remedies at law or in equity.

Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to DMS for which solely receiving monetary damages would not be an adequate remedy and DMS shall, to the fullest extent permitted by applicable law, be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

Export Laws

You agree that you will not export or re-export, directly or indirectly, the DMS Functions or other information or materials provided by DMS hereunder, to any country for which the United States or United Kingdom or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the DMS Functions may not be exported or re-exported (i) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country, or (ii) to anyone listed on any U.S. Government list of prohibited or restricted parties.

California Residents

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 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.

Miscellaneous

These Terms constitute the entire agreement between you and DMS relating to your access to and use of the Site and other DMS's Functions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DMS, and DMS's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

The Site is operated by us in the United States. Those who choose to access the Site from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

Contact Us

If you have questions concerning these Terms, or you notice any bugs, errors or violations please feel free to send us an email at: support@domeasolid.co