Terms of Service
DOMMMA Terms of Service
WELCOME TO DOMMMA. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THIS WEBSITE & PROGRAM. IT EXEMPTS DOMMMA AND CANDOUR REALTY GROUP INC. AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Dommma Service Ltd. ("Dommma") regarding your access to and use of Dommma's website and all content, information, products and services available on or through the program (collectively, the "Program"). This Agreement also provides benefits to Dommma’s affiliates, service providers, suppliers and other persons. Each time you use the Dommma Program you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Program is for entertainment purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service. This Agreement is in addition to any other agreement you may have with Dommma, including a transaction agreement.
2. CHANGES TO THIS AGREEMENT
Dommma may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Program, by posting a revised Agreement on the Program. By using the Program after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
3. OWNERSHIP AND PERMITTED USE OF THE PROGRAM
The Program (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, apps, data, and other elements available on or through the Program) is the property of Dommma and is protected by Canadian and international copyright, trademark and other laws. Your use of the Program does not transfer to you any ownership or other rights in the Website or its content. The Program is made available to you for your lawful, personal use only. You may use the Program only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Program for any other purpose or in any other manner is strictly prohibited. You may print Program pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Program and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Dommma. You may not sell or resell any part of the Program or access to the Website. You may not use any of the software that is used in the operation or provision of the Program except while you are using the Program in accordance with this Agreement.
4. MISPRINTS AND ERRORS
Dommma endeavours to provide current and accurate information on the Program. However, misprints, errors, inaccuracies, omissions or other errors may sometimes occur. Dommma reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person.
5. NO FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Program without the express written permission of Dommma are strictly prohibited. Dommma may in its discretion cancel and revoke any permission it may give to link to the Program at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Program or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Program or to post comments, communications, or any other data of any kind to or on the Program with the intention that such postings may be viewed by other users of the Program.
Dommma does contain hyperlinks to internet sites managed by third parties. By activating these links, you may have to leave Dommma. Dommma has no control over internet sites owned by third parties. These sites are managed entirely by third parties and Dommma cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third party sites are identified on Dommma should not in any way be interpreted as an endorsement by Dommma and does not incur its liability in any way. Dommma cannot be held liable for possible damages arising from the use of these sites. All complaints about third-party sites should be addressed to the administrators of those sites.
7. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by Dommma. For the purposes of accessing the Program, the Codes remain the property of Dommma and may be cancelled or suspended at any time by Dommma in its discretion without any notice or liability to you or any other person. Dommma is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Dommma may act upon any communication that is given with the use of Codes. Dommma may in its discretion at any time require proof of the identity of any person seeking to access and use the Program and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Dommma is not satisfied with such proof. If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Program unless and until you have terminated the session and logged-off the Program.
8. UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes, Dommma does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to Dommma or the Program, you automatically grant (or warrant that the owner of the Submissions grants) to Dommma and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Dommma or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Dommma and its successors, assigns and licensees.
9. YOUR INFORMATION
All information you provide through the Program, which may, or may not, include registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Dommma will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Dommma or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our Program. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Programs in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioural advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org/managing/opt_out.asp.
10. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
Your access to and use of the website, including, but not limited to, your use of the website in relation to any contest, is at your own risk. The Program is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to the accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Dommma to the fullest extent permitted by law.
Dommma and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or this agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Dommma or any person for whom Dommma is responsible, and even if Dommma has been advised of the possibility of such loss or damage being incurred.
Acknowledgement and exclusion by statute in certain jurisdictions the exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. these statutory prohibitions may apply to you.
You shall defend, indemnify, and hold harmless Dommma and its affiliates, licensors, and suppliers, and their respective employees, contractors, officers, and directors from any and all claims, loss, damages, and demands, including reasonable legal fees, arising out of your use or misuse of the website for any purpose, your access to the website, and any activities conducted through your account (whether by you or another person).
Notwithstanding any other provision of this Agreement, Dommma may in its discretion change, discontinue, modify, restrict, suspend or terminate the Program or any part of it without any notice or liability to you or any other person. Dommma may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Program without any notice or liability to you or any other person. If this Agreement or your permission to access or use all or any part of the Program is terminated for any reason, then this Agreement and all other then-existing agreements between you and Dommma will continue to apply and be binding upon you regarding your prior access to and use of the Program, and anything connected with, relating to or arising therefrom.
12. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada. Any dispute between you and Dommma or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
13. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of Dommma and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Dommma may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Dommma Services.
You agree that you will comply with these Terms of Service and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Dommma accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Dommma Services, or perform any other similar fraudulent activity;
iii. make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the Dommma Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
iv. harvest or collect the email addresses or other contact information of other users from the Dommma Services;
v. defame, harass, abuse, threaten or defraud users of the Dommma Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
vi. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Dommma Services or User Content, features that prevent or restrict use or copying of any content accessible through the Dommma Services, features that enforce limitations on the use of the Dommma Services or User Content, or delete the copyright or other proprietary rights notices on the Dommma Services or User Content;
vii. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Dommma Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
viii. modify, adapt, translate or create derivative works based upon the Dommma Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage operation of the Dommma Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
x. relay email from a third party's mail servers without the permission of that third party;
xi. access any website, server, software application, or other computer resource owned, used and/or licensed by Dommma, including but not limited to the Dommma Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Dommma may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed Dommma, including but not limited to the Dommma Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Dommma Services;
xiii. interfere with or disrupt the Dommma Services or servers or networks connected to the Dommma Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Dommma Services; use the Dommma Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Dommma Services, or that could damage, disable, overburden or impair the functioning of the Dommma Services in any manner;
xiv. use or attempt to use another user's account without authorization from that user and Dommma;
xv. attempt to circumvent any content-filtering techniques we employ, or attempt to access any service or area of the Dommma Services that you are not authorized to access;
xvi. attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
xvii. use the Dommma Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
Dommma takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Dommma liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Dommma Services. Your use of the Dommma Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Dommma Services will not contain any content that is prohibited by such rules.
Dommma is not liable for any statements or representations included in User Content. Dommma does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Dommma expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Dommma reserves the right to remove, screen or edit any User Content posted or stored on the Dommma Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Dommma Services at your sole cost and expense. Any use of the Dommma Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Dommma Services.
Breaking these terms and conditions can result in permanent removal and ban from Dommma at the discretion of Dommma’s administration.
If you are aware of any violations of the code of conduct, or any other rules in the Terms of Service, please report them here: support@Dommma.com