Terms of Service

Legal mumbo jumbo.

Acceptance of Terms

The following terms and conditions govern all use of the domainswell.com website (the "Website") and the services and Content (defined below) available on the Website and derived from the Website, including any print or promotional materials, no matter how disseminated (collectively, the "Services"). With the exception of individual Submission(s) (defined below), the Services are owned and operated by Everyscreen, inc. ("ESI"). The Services are offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Website by ESI. You must be 18 years old or older or obtain the consent of your parent or legal guardian to use the Services. ESI may refuse to offer the Services to any person or entity and may change the eligibility criteria for use of the Services at any time, in its sole discretion.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR OTHERWISE USING ANY PART OF THE SERVICES OR ANY CONTENT (AS DEFINED BELOW), INCLUDING UPLOADING ANY SUBMISSION(S) (AS DEFINED BELOW). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU AGREE TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, DO NOT CLICK ON THE "I ACCEPT" BUTTON AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES.

Modification of Terms of Use

ESI reserves the right, in its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Privacy

ESI's privacy statement regarding the Services is available at https://domainswell.com/privacy (the "Privacy Policy"), which is incorporated herein by this reference. For inquiries in regard to ESI's Privacy Policy, or to report a privacy related problem, please contact support@domainswell.com.

Rules and Conduct

The Services (including without limitation, any Content (defined below), documents or other information made available via the Services) are provided only for your own personal use and may not be used in connection with any commercial purpose(s) except as specifically approved in writing by ESI. Any unauthorized use of the Services is expressly prohibited. For purposes of these Terms of Use, "Content" shall include, without limitation, any text, software, scripts, graphics, photos, audio, music, videos, and/or interactive features accessible through the Services, including all Submissions.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by ESI. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content using any communications services related to the Services, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or which otherwise violates these Terms of Use;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • imposes an unreasonable or disproportionately large load on ESI's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of ESI or any third party;
  • impersonates any person or entity without his, her or its express written consent; or
  • involves commercial activities without the prior written consent of ESI.

You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without ESI's express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in ESI's sole discretion an unreasonable or disproportionately large load on ESI's infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures ESI may use to prevent or restrict access to the Services.

You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any Content available at or through the Services (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.

You may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

ESI may remove any Content from the Services at any time for any reason (including, but not limited to, upon receipt of a claim or allegation from third parties or authorities relating to such Content), or for no reason at all.

ESI may, at its sole discretion, immediately terminate your access to the Services should your conduct fail to conform strictly with any of the terms or conditions of these Terms of Use or with any provision of this section.

The Services allow you to upload your own images, text and other Content ("Submission(s)") provided that you do so strictly in accordance with any instructions provided in the Services.

By uploading (or otherwise submitting) Submission(s) to the Services, you:

  • grant to ESI a non-exclusive, royalty-free, perpetual, limited license to use, publish, reproduce, display, distribute, use for Promotional Purposes (defined below), and sublicense for Cross-Promotional Purposes (defined below) such Submission(s), either through print, online, or other media (collectively, "Publicize");
  • represent and warrant to ESI that you are the original creator of the Submission(s);
  • represent and warrant to ESI that you own or otherwise control all rights to such Submission(s) and that use and disclosure of the Submission(s) by ESI (including, without limitation, Publicizing the Submission(s)) will not infringe or violate the rights of any third party; and
  • agree not to provide ESI with any confidential or proprietary information that you desire to or are required to keep secret.

ESI's foregoing right to Publicize your Submission(s) may only be revoked by you prior to ESI's decision to Publicize the Submission(s), which decision is made internally by ESI without notice to you. To revoke ESI's right to Publicize your Submission(s), ESI must receive written notice from you at support@domainswell.com prior to its internal decision to Publicize your Submission(s). Therefore, if you wish to revoke ESI's right to Publicize your Submission(s), you must notify ESI immediately. Once ESI has made an internal decision to Publicize your Submission(s), you will no longer be able to revoke ESI's right to Publicize your Submission(s) and ESI will have no obligation to discontinue or prevent your Submission(s) from being Publicized. After ESI has received your written notice of revocation, ESI will have a commercially reasonable period of time to implement your request.

Registration

As a condition to some uses of the Services, you will be required to register with ESI and select a password and screen name ("User ID"). You must provide ESI with accurate, complete, and updated registration information. You may not (i) select or use as an ESI User ID a name of another person with the intent to impersonate that person; (ii) use as an ESI User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an ESI User ID a name that is otherwise offensive, vulgar or obscene. ESI reserves the right to refuse registration of, or cancel an ESI User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your ESI password. You may never use another user's account without such user's express permission. You will immediately notify ESI in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Sites

The Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Services. These other websites are not under ESI's control, and you acknowledge that ESI is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link in the Services does not imply endorsement by ESI or any association with its operators. You further acknowledge and agree that ESI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third party website or resource.

Any third party such as a blogger or reviewer that seeks to reproduce a Submission without express written consent from ESI or the original creator of such Submission may do so (a) only in order to provide a link or other reference to the Website. Any party that violates the aforementioned regulation shall be subject to legal action for the infringement of copyright and/or other proprietary rights, as applicable.

Termination

ESI may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you must discontinue using the Services and delete your account in accordance with the steps listed for deletion within your account. Third party references or links to your account that are not under the control of ESI may persist beyond actual termination and deletion of your account. ESI is not responsible for such links, but upon receipt of notice at support@domainswell.com that a problem exists, ESI will attempt to notify the source of the problem that the link is no longer active. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, your representations and warranties, warranty disclaimers, indemnity and limitations of liability.

No Warranties

THE SERVICES AND ALL CONTENT (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE FOREGOING ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. ESI MAKES NO WARRANTIES OF ANY KIND IN REGARD TO THE CONTENT, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR OTHERWISE POSTED BY USERS OF THE SERVICES.

Limitation of Liability

IN NO EVENT SHALL ESI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS, ADVERTISERS OR USERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES. YOU SPECIFICALLY RELEASE ESI FROM ALL LIABILITY FOR ANY USER CONTENT OR CONDUCT.

Indemnification

You agree to defend, indemnify, and hold harmless ESI, its directors, officers, employees, agents, partners, representatives and affiliates, and their employees, contractors, officers, directors and representatives, from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from (i) your use or misuse of the Services, (ii) your violation of these Terms of Use, (iii) any disputes regarding ownership rights of any kind arising from your Submission(s), or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Integration and Severability

These Terms of Use are the entire agreement between you and ESI with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ESI with respect to this Services (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of these Terms of Use is found to be unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree to the exclusive jurisdiction, forum and venue of the state or federal courts located in San Francisco County, California for any claim or action arising out of or relating to these Terms of Use or your use of the Services, and you further agree to and submit to such forum and venue, and to the exercise of personal jurisdiction of such courts. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use are personal to you, and are not transferable by you except with ESI's prior written consent. ESI may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers or modifications of these Terms of Use must be in a writing signed by both parties. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested, or when receipt is electronically confirmed, if transmitted by facsimile or e-mail.

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