TERMS OF SERVICE

Please Read This Terms of Service Agreement Carefully Before Using the DOMO NATION Site

 

Big Tent Entertainment L.L.C. (“Domo,” “we,” “us“, “our“) appreciates your interest in Domo’s website available at www.domonation.com (the “Site“). By visiting or using the Site, including without limitation, by (i) accessing, using, and/or downloading Materials, (ii) sending messages, information, data, text, software or images, or other Materials to the Site, or (iii) otherwise using, accessing or purchasing any Services, you (“you” or “your“) agree on your own behalf, and on behalf of any person or entity on whose behalf you may act, to accept and abide by all of the terms and conditions set forth in this Terms of Service Agreement (this “Agreement“). It is important that you carefully read and understand the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use the Site.

 

Please note that this Agreement contains disclaimers of warranties and limitations of liability that may be applicable to you.

We reserve the right at any time to:

  • change the terms and conditions of this Agreement;
  • change the Site, including eliminating or discontinuing any Material(s) or Services or other feature of the Site;
  • change any prices, fees and charges associated with the Site; or
  • deny or terminate your use of and/or access to the Site.

Any changes we make will be effective immediately upon our making such change(s) available on the Site or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Site thereafter you accept such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

 

  1. Products, Services and Materials Provided in Connection with the Site

Please note that any products and services made available on, by or through the Site (collectively, the “Services“), as well as any materials provided on, by or through the Site or as part of or in connection with the Services or otherwise, including but not limited to data, text, software applications, images, audio and video clips, links and references (collectively, the “Materials“), are provided for personal, non-commercial purposes only. You acknowledge and agree that the Materials and Services are owned by Domo, its business partners, suppliers and/or licensors, as applicable, and are protected by intellectual property laws. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of Domo and/or its licensors and/or suppliers. You should be aware that the Materials and Services may be outdated and may contain errors, omissions, and inaccuracies.

 

  1. Limited Permitted Use of Materials and Services

    2.1 You may not download, distribute, modify, transmit or publicly display the Materials without the written consent of Domo or, if so indicated in writing by Domo, its licensors or suppliers. You understand and agree that you may not authorize, encourage or allow any Material(s) used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise Domo promptly of any such unauthorized use(s).

    2.2 Domo’s Image Download Policy (the “Policy”) sets forth the conditions under which Domo fans may download the buddy messenger icons, desktop backgrounds, and message graphics being offered on Domo.com for download. By downloading images from the Site, you acknowledge and agree to the following terms and conditions:

    The “Domo” name and character are registered trademarks owned by NHK Enterprises and the Domo images and associated characters are copyrights of the Domo Production Committee.

 

  1. No Submissions

    3.1 Domo cannot accept or consider creative ideas, suggestions, or materials, such as original artwork or ideas for characters, stories, products or games (collectively, “Submissions“) other than those we specifically request. If, despite our request that you not send such materials, you do send us Submissions, none of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. By submitting, sending, posting, displaying, performing and/or otherwise distributing Submissions to Domo, you hereby grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation and without an obligation to report to the provider of the Submissions, and you hereby waive all moral rights (including any rights to attribution) that you may have in such Submissions. You further agree that we and our designees shall exclusively own all documents, works and other materials that incorporate all or part of any Submission(s).

    3.2 You acknowledge and agree that other persons, including Domo employees and contractors along with others who have or will make Submissions, may have submitted or may submit in the future Submissions that are similar to the Submissions submitted by you. You acknowledge and agree that you will not receive any compensation because of Domo’s use of other similar Submissions. You agree that no confidential or fiduciary relationship is established between you and Domo as a result of your submission of the Submission. Domo has no obligation to use or distribute your Submissions. You also acknowledge and agree that, with respect to any portion of any of your Submissions that are not protectable, submission of the Submissions shall not be deemed to place Domo in any different position than members of the general public.

    3.3 You represent and warrant to Domo that (a) the Submissions do not and will not infringe any rights of any third party(ies), and that the Submissions do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Submissions have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Submissions.

     

  2. Third Party Links

    The Site contains links to other web sites for your convenience. Domo has not reviewed, in their entirety, the web sites that are linked to the Site and does not control such sites or the content provided through such sites. Your use of linked web sites is at your own risk and is subject to the privacy practices and terms of use established by the specific linked site, and Domo disclaims all liability associated therewith. The fact that Domo offers such links does not indicate any approval or endorsement by Domo of any linked web site or any material contained on any linked web site, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services or publications within the Site do not imply endorsement of, and Domo is not responsible for and disclaims any endorsement of, any such product, service or publication.

     

  3. Code of Conduct

    When using the Site, you agree to comply with all applicable laws, rules and regulations. You agree not to:

    5.1. restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

    5.2. express or imply that any statements you make are endorsed by us, without our prior written consent;

    5.3. post, transmit and/or otherwise make available through or in connection with the Site (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); (e) any content or information related to alcohol or the sale of tobacco products, ammunition, or firearms; or (f) any content or information related to wagering or gambling;

    5.4. post, transmit and/or otherwise make available through or in connection with the Site any content or information that would give rise to criminal or civil liability; that encourages conduct that would constitute a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”;

    5.5. post, transmit and/or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is potentially harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;

    5.6. impersonate any person or entity, including without limitation any representative of Domo; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement that you make;

    5.7. engage in spamming or flooding;

    5.8. link to anything that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Service or Site;

    5.9. use the Site in any manner that is unlawful, including accessing the Site from any location where such access may be illegal or otherwise prohibited;

    5.10. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

    5.11. remove any copyright, trademark or other proprietary rights notices contained in or on the Site;

    5.12. “frame” or “mirror” any part of the Site without our prior written authorization;

    5.13. link to any page or content on any web site other than the Site;

    5.14. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or

    5.15. harvest or collect information about Site visitors or members without their express consent.

     

  4. Ownership and Restrictions

    6.1 The Site is owned and operated by Domo in conjunction with others pursuant to contractual arrangements, and the Site and any intellectual property and other rights relating thereto are and will remain the property of Domo and its licensors and suppliers. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site (or any element thereof) without our prior written permission. The Site may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Domo or, if so indicated in writing by Domo, its licensors or suppliers. Use of the Site for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

    6.2 The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Domo, our licensors and suppliers, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Domo, our licensors or suppliers, or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.

     

  5. Termination

    This Agreement shall remain effective until terminated in accordance with its terms. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Domo rights of ownership shall survive any termination.

     

  6. Disclaimers

    8.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) DOMO AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “DOMO’S REPRESENTATIVES“) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SITE IS CURRENT AND/OR UP-TO-DATE. DOMO AND DOMO’S REPRESENTATIVES DO NOT WARRANT THAT THE SITE OR ANY ELEMENT THEREOF, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF DOMO OR ANY OF DOMO’S REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE SHALL CREATE ANY WARRANTY.

    8.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Site notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.

    8.3 DOMO AND DOMO’S REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE. DOMO AND DOMO’S REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THIS WEB SITE.

    8.4 THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. DOMO’S REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

    8.5 A possibility exists that unauthorized alterations could be made by third parties to the Site. In the event that a situation arises in which the completeness or correctness of the Site is in question, please contact us at webmaster@Domo.com with, if possible, a description and location of the material to be checked, as well as information sufficient to enable us to contact you.

    8.6 YOU MAY ALSO HAVE OTHER RIGHTS UNDER APPLICABLE LAW WHICH VARY FROM STATE TO STATE

     

  7. Limitation of Liability

    NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER DOMO NOR ANY OF DOMO’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS SITE OR ANY LINKED SITE IS TO STOP USING THE SITE OR LINKED SITE, AS APPLICABLE. DOMO’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE.

     

  1. Indemnification

    You agree to fully indemnify, defend and hold Domo, any of Domo’s representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement and/or (b) your activities in connection with the Site.

     

  1. Ability To Contract

    You affirm that you (a) are at least the age of majority (which is 18 years of age in most states in the United States), are an emancipated minor, or possess legal parental or guardian consent, and (b) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Please do not access or use the Site if you (x) are under the age of majority, are not an emancipated minor, or do not possess legal parental or guardian consent, and (y) are not fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

     

  1. Contacting Domo Regarding the Site

    Should you have any questions, comments or complaints regarding this Agreement or the Site, please contact us at: legalteam@bigtent.tv

     

  2. Miscellaneous

    This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of New York, State of New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegable or sublicensable by you except with Domo’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Domo may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular. You hereby acknowledge that you have carefully read all of the terms and conditions of Domo’s Privacy Policy and Children’s Privacy Policy, which can be accessed at domonation.com, and agree to all such terms and conditions.