By using the DominoDataLab.com web site ("Service"), or any services of Domino, Inc ("Domino"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If Domino makes material changes to these Terms, we will notify you by email and/or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time on the Site.
Violation of any of the terms below will result in the termination of your Account. While Domino prohibits such conduct and Content on the Service, you understand and agree that Domino cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
A. Account Terms
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. Domino cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- You may not use this Service if you are a direct competitor, except with Domino's prior written consent. You may not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
B. Use Terms
You expressly understand and agree that Domino shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Domino has been advised of the possibility of such damages), resulting from your use of the Services.
Abuse or excessively frequent requests to Domino may result in the temporary or permanent suspension of your account's access. Domino, in its sole discretion, will determine abuse or excessive usage. Domino will make a reasonable attempt via email to warn the account owner prior to suspension.
Domino reserves the right at any time to modify or discontinue, temporarily or permanently, your access with or without notice.
C. Payment, Refunds, Upgrading and Downgrading Terms
- You are not required to provide a credit card number to open an account.
- Once your free trial period has ended you will be required to enter a credit card to continue usage.
- Any usage once you enter credit card information will immediately incur a usage charge.
- Domino calculates your server usage in seconds and bills you for that amount of usage at the prevailing rates displayed on our web site. We track your usage in seconds and charge you for the fraction of an hour that you used. So if you only use 5 minutes, you'll only be billed for 5 minutes. Please note that we will round each charge up to the nearest cent (so the minimum charge is 1 cent).
- Roughly once a month, we will bill you for the usage charges you have accrued over the preceding month (unless other payment terms have been arranged).
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Domino does not accept any liability for such loss.
D. Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account will not be considered cancellation. You should cancel via your "Account" page on the web site.Domino, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Domino service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Domino reserves the right to refuse service to anyone for any reason at any time
E. Modification of the Services
Domino reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us (unless you have agreed otherwise with Domino). Such notice may be provided at any time by posting the changes to the Domino Site (DominoDataLab.com) or the Service itself.
Domino shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
F. Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you set your pages to be viewed publicly, you agree to allow others to view your Content.
Domino does not pre-screen Content, but Domino and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
You shall defend Domino against any claim, demand, suit or proceeding made or brought against Domino by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Domino for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Domino in connection with any such claim, demand, suit or proceeding; provided, that Domino (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Domino of all liability); and (c) provides to You all reasonable assistance, at Your expense.
G. Proprietary Rights
You acknowledge and agree that Domino owns all legal right, title and interest in and to the Domino Services, including any intellectual property rights which subsist in the Domino Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist)
Except as provided in Section G, Domino acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Domino Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Domino, you agree that you are responsible for protecting and enforcing those rights and that Domino has no obligation to do so on your behalf.
Domino claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Services you give Domino a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute such Content for the sole purpose of enabling Domino to provide you with the Domino Services consistent with your privacy settings and in keeping with our security procedures.
By adding a collaborator to your Project, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Projects(s) and Content as permitted by the relevant Domino Services functionality or features for the sole purpose of collaborating on development of the Application(s).
Domino maintains the security of its service in keeping with industry best practice and takes all reasonable and generally accepted precautions against security breach. You may find a full statement of our security policies in the policy section of our web site.
You may choose to or we may invite you to submit comments or ideas about the Domino Services, including without limitation about how to improve the Domino Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Domino under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
H. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOMINO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
- Support for Domino services is available as specified in your client proposal. If you do not have a client proposal, then support is best efforts in English via email.
- You understand that Domino uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Domino works with these vendors to maintain the security, privacy, and other policies specified herein.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Domino, or any other Domino service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Domino.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Domino customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You agree that Domino, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Domino Services may be without prior notice, and you agree that Domino will not be liable to you or any third party for such termination.
- You are solely responsible for exporting your Content and Application(s) from the Domino Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You agree not to (a) access (or attempt to access) the administrative interface of the Services by any means other than through the interface that is provided by Domino in connection with the Domino Services, unless you have been specifically allowed to do so in a separate agreement with Domino, or (b) engage in any activity that interferes with or disrupts the Domino Services (or the servers and networks which are connected to the Service).
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Domino) of other Domino customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Domino does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Domino shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Domino has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) statements or conduct of any third party on the service; (iv) or any other matter relating to the service.
- The failure of Domino to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Domino and govern your use of the Service, superseding any prior agreements between you and Domino (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Delaware law.
- Questions about the Terms of Service should be sent to [email protected]