Terms of Service

 

By visiting www.wearedomino.com.com (the “Site” or “website”) you (“you” or “User”) agree to the following Terms of Service (“ToS”).

 

 

  1.  ACCEPTANCE OF TERMS OF SERVICE

 

This website (“Site”) is provided and operated by Domino Co. (“Domino,” “we,” “our”, or “us”), a Delaware corporation.  These ToS constitute an agreement (“Agreement”) between Domino and you, the User (“User”, “you,” or “your”), governing the terms of use of the Site.  Domino offers this website, including all information, tools, and services available on this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

 

Please read these ToS carefully.  If you do not agree to be bound by the ToS, do not access or use the Site.  By visiting and using this Site you are accepting and consenting to the practices described in the ToS.

 

II.  MODIFICATION OF TERMS

 

We may modify the ToS from time to time.   In the event of such changes, you will be notified on the homepage of the Site.  Your continued use of the services following such notification will signify your agreement to be bound by the modifications.  If you do not agree with the changes, do not use the Site.

 

III.  USER ACCESS TO SITE

 

All Users of the Site must be at least eighteen (18) years old.  You may only use the Site’s services if you are legally permitted to enter into a binding contract with Domino or other Users.   You may not access the Site if you have previously been prohibited from using it or we have terminated your account.

 

In order to use the Site, Users must register via Twitter, Facebook, Google, or their email address.  Users are responsible for ensuring that their registration information is updated with Domino.

 

IV. SITE SERVICES

 

Domino Co. operates www.wearedomino.com.com, a Site that helps freelancers find and connect with other freelancers, get freelance jobs from potential clients, manage their work (via Domino Fast Track), and learn how to freelance (via Domino U).

 

Service Changes and Limitations

We reserve the right to makes changes to the services offered and functionality of the Site without prior notice to you.  We may also limit or restrict the services offered on the Site.  In our sole discretion, we may limit, suspend or terminate User accounts if they violate these ToS.  

Subscription Fee for Domino’s Services

Payment of the subscription fee will allow the user to have access to all of the Site’s services.  We reserve the right to suspend or terminate a user’s account for failure to pay with or without notice.  [a]

Site Features

  1. Chat

The “Chat” feature of the Site is a space where freelancers and clients can engage with each other.   Users who use the chat are solely responsible for their language and actions in the chat, and promise to use the chat feature in accordance with these ToS and applicable state and federal law.

 

Users may not defame, abuse, harass, stalk, or threaten other Users.  Contribution of any language or material that is defamatory, infringing, obscene, indecent or otherwise unlawful or inappropriate is prohibited.  This list is not exhaustive, and Domino may use its sole discretion to determine what type of chat language we deem improper.

Domino is not responsible for any damages that you may incur as a result of the chat feature.  You agree that you will not bring any claim or suit against us for any injury you may experience as a result of your use of this feature.  We may, but have no obligation to, monitor or remove chat language that we deem inappropriate, with or without prior notice to you.  We may also suspend or terminate your service for inappropriate chat conduct, with or without prior notice to you.  

 

2.   People

 

Endorsements

 

Please strive to ensure that your endorsements about other Users with whom you have interacted are objective and honest.  Feedback that you provide through the “Endorsements” feature of Site, whether by comments, ratings, or any other kind of review, will be made public on the Site for other Users to view.  Reviews posted on the Site are not controlled or written by us.  Domino may, but does not have any obligation to, monitor or investigate reviews.

 

Endorsements made by freelancers or clients about other freelancers do not reflect the opinion or experience of Domino.  We do not guarantee the quality of freelancers or quality of freelancer services, and you agree not to hold us liable for any dissatisfaction or damages you may suffer as a result of a freelancer or his or her services.  

 

Users may not post any remarks or comments that are defamatory, abusive, threatening, or otherwise unlawful in endorsements.  Such behavior may result in termination or suspension of use of the Site.  You may be held legally accountable for damages suffered by other Users or third parties due to your reviews on the Site.   Domino is not legally responsible for damages suffered as a result of these reviews.

 

3.  Jobs

The “Jobs” section of the Site will allow Users to manage their jobs, either as clients or freelancers.

 

Job form as legally binding contract

 

Once a job form is completed and both the client and freelancer(s) agree to the terms of the relationship, the form will serve as a legally binding contract between the freelancer and client, operating under the law in which the signatories have agreed to.   Such a contract will consist of the following provisions:  (1) Job title; (2) Client’s name; (3) Freelancer’s name; (4) Objective of job; (5) Description of job; (6) Budget for job; (7) Deposit amount (if applicable); (8) Timeline and due date for project; (9) Governing law; and (10) Assent to to be bound and signature of all parties.

                

Domino is not a party to such contracts, and you acknowledge and agree that the creation of a contract between a client and a freelancer does not, under any circumstances, create an employment or other kind of service relationship between Domino and the freelancer or client.  You agree to indemnify Domino from any claims or liabilities that may arise from agreements that are made through our Site’s services.  

 

4.  My Profile

 

You agree to ensure that the information in your profile is accurate and updated.   You will not engage in misrepresentation of your identity, qualifications, skills, licenses, or any other type of fraudulent misrepresentation.

 

You are responsible for safeguarding the confidentiality of your profile and its username..  Notify us immediately if you believe or suspect unauthorized use of your account.  We are not responsible for any issues that may arise if the third-party account you use in connection with your Domino account is hacked or accessed without your authorization.

5. Domino U

All materials, information, and content on Domino U are solely for educational and informational purposes.  Your use of the information on the Site is at your own risk.  Domino does not warrant that the information provided on the Site is true, accurate, complete, or in any way misleading.  

Content on the Site is not intended to be used as a substitute for consulting with experienced and professional individuals or firms.  Domino cannot be held responsible for any problems that may result from the use of any information found on the Site, and disclaims all liability and responsibility from any issues that may arise due to reliance of information on the Site.  

6. Domino Fast Track

We reserve the right to makes changes to, limit, or restrict the services offered and functionality of the Site, including Fast Track features, without prior notice to you.  Your use of Fast Track is at your own risk, and we are not liable for any injury or damages that may be sustained from the use of the services, including but not limited to errors or omissions.  

 

V. PAYMENTS

 

As payments through the “Jobs” section of the Site will be managed by Stripe, Users will be governed by Stripe’s terms of service with regards to payments.

 

Invoices created using third-party software will be governed by each respective third-party service’s terms of service.  Users agree not to hold Domino liable for any payment problems that are the cause of a third-party service.

 

Non-payment

 

In the event that a client does not pay a freelancer fees owed, Domino may suspend or terminate the client’s account.   We will terminate your account and make all attempts to pursue the client for the outstanding amount.  We also may cooperate with such entities in order to comply with legal processes.

 

Taxes

As freelancers are not employees of Domino, you will be responsible for ensuring that you calculate and pay the appropriate amount of taxes on payments received through the Site.

 

Payments to Domino

Freelancers agree to pay Domino 10 (ten) percent of the fee of the amount collected from a client when payment is received through the Site (the “Service Fee”).  Freelancers also agree to pay Domino a 20 (twenty) percent commission for Domino locating third parties for clients (“Commission”).

 

Failure to make such payments may result in suspension or termination of use of the Site.

 

VI. NON-CIRCUMVENTION

For 12 (twelve) months after you identify or are identified by a party through the Site, you agree that you will use the Site as your exclusive method to request work from, make contracts with, and receive payments from said party for work as a result of the relationship made through the Site.  Furthermore, you agree to pay Domino the Service Fee for such relationships made for any work that is done within 12 months of such relationship being made.

 

Any attempts to violate this policy may result in termination or suspension of your use of the Site.  

Users who find clients on their own outside of the Site and bring them on to the Domino platform, whether through Fast Track or another website feature, are not subject to the non-circumvention rules.  

 

VII. RESTRICTIONS ON USE

 

This Site is intended to be a place of positivity, community support, and respect.  In keeping with this sentiment, as a User, you agree to refrain from engaging in the following types of behavior:

·      Defamatory or hateful speech

·      Spam

·      Copyright or trademark infringement

·      Impersonation

·      Threats, stalking, or harassment

·      Privacy or confidentiality violations

·      Hacking, fraud, or phishing

·      Posting of obscene or sexually vulgar or offensive material

·      Attempts to interfere with, interrupt, destroy, or limit the functionality of the Site

·      Violate any applicable law

·      Any other type of behavior not listed here, we reserve the right to take action against

 

This list is not meant to be exhaustive of the types of conduct that will not be tolerated on this Site.  We will take action as we see fit against any behavior that we deem to go against the spirit of the Site.  We reserve the right to enforce these rules, including but not limited to suspending or terminating accounts or removing content.  Domino does not have a duty or contractual obligation, however, to act against these types of behavior.

 

Please promptly inform Domino if you see any kind of this behavior taking place.

 

VIII. INTELLECTUAL PROPERTY

 

Domino’s Content

All Domino content on this Site is the sole property of Domino.  This includes, but is not limited to, copyrights, trademarks, service marks, trade names, patents, interactive features, graphics, website layout, and computer code.  Through your use of this Site, Domino grants you a revocable, nonexclusive, non-transferable, non-sublicensable worldwide license to use our content for purposes of our services.  You may not use, sell, reproduce, distribute, modify, display, publicly perform, or prepare derivative works of our content for a commercial purpose without our consent.

 

User Content

You represent and warrant that all content posted by you on the Site is your property, and you have the right to post such content.  You also represent and warrant that any content posted on the Site does not violate third-party rights, including, but not limited to, intellectual property, publicity, or privacy rights.

 

You will keep all rights in any content you post on the Site.  You hereby grant Domino, its successors and affiliates a nonexclusive, worldwide, royalty-free, sub-licensable, assignable, transferable license to use, reproduce, modify, publish, translate, distribute, publicly perform or display, and make derivative works of your content, in any form, media, or technology, whether now known or hereafter created.  These rights granted are for the purposes of operation, improvement, promotion, or advertising of the Site and its services.

Copyright Policy

In the event you see content on our Site that violates your copyright, please send a DMCA Notification to us containing the following information:

  1. Signature of the copyright holder or person authorized to act on the copyright holder’s behalf
  2. Identification of the copyrighted work (e.g. title, URL)
  3. Identification and location of the work that is claimed to be infringing (e.g. URL)
  4. Your contact information (address, phone number, and email)
  5. A statement that you believe, in good faith, that the use of the work is in violation of your rights as a copyright holder
  6. A statement under penalty of perjury that the information in the notice is accurate and that you have permission to act on the copyright holder’s behalf

DMCA Counter-Notification

If you believe that you have received a DMCA notification in error, you may file a DMCA Counter-Notification containing the below:

  1.  Your signature
  2.  Your contact information
  3.  Identification and location of the work before it was removed
  4.  A statement saying “I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law”
  5. A statement that you consent to federal court jurisdiction in the district of your residence (if you live in the U.S.) or New York County (if not in the U.S.)
  6. A statement saying that you will accept service of process from the party who submitted the takedown notice

In all matters of alleged infringement, we will take all measures to act expeditiously to remove and disable access to the infringing material.  Domino may share the information provided in a DMCA Notice to the alleged infringing party.  The details of the Counter-Notice will be shared with the party who originally posted the notification.  If, after 10 (ten) days after receiving the Counter-Notification, the person who posted the original notice does not notify Domino of any legal action it has taken, we may put the work back on the site.  

We reserve the right to terminate or suspend the service of any user that is a repeat offender of copyright infringement.  

Please send all correspondences regarding these matters to our designated agent at:

Domino Co.

ATTN:  Copyright Agent

67 West Street

#202

Brooklyn, NY 11222

Email: legal@wearedomino.com

 

 

IX. THIRD PARTY SERVICES

 

Several features of the Site may include the use of or links to third-party services.  Domino does not own or control any of these services, and you use them at your own risk.  When using such services, you are bound by the terms of service of those third parties, and you agree not to hold Domino liable for any problems that may arise as a result of such use.

 

X. DISCLAIMERS AND LIMITATIONS OF LIABILITY

 

INDEMNITY

 

You agree to indemnify, defend, and hold harmless Domino, our owners, employees, interns, agents, licensors, suppliers, and affiliates, from any claim or demand, including reasonable attorneys’ fees and costs, made by you or any third-party due to or arising out of or relating to your use of this Site, or your violation of any law or the rights of a third-party.  

 

LIMITATION OF LIABILITY

 

You agree that Domino is not a party to any contract that you may make while using the Site’s services, and that Domino has no obligation to any freelancers or clients.  You further guarantee that freelancers are not Domino’s employees, and that we do not vouch for the quality of the service of the freelancers, or the reliability, capability, or qualifications of the freelancer or the freelancer’s services.

 

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.  You acknowledge that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

WARRANTIES

 

Domino disclaims all warranties, whether express or implied, including warranties as to the products or services offered on the Site.  You expressly agree that your use of, or inability to use the service is at your sole risk.  The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for use, without any representation, or conditions of merchantability, merchandise quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Domino, our owners, employees, interns, agents, licensors, suppliers, or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  Because some states or jurisdictions do not allow for all of the foregoing exclusions and limitations, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

REMEDIES

 

                In the event that you are dissatisfied with the Site or its services, your sole and exclusive right and remedy is the termination and discontinuation of access to the Site.

                

 

XI. TERMINATION OF SERVICE

 

This agreement is effective until terminated by you or Domino.  Either party may end this agreement at any time by notifying the other party.  Domino may terminate or suspend your access to the site or its services with or without notice or reason.   After termination, those provisions that should survive termination will, including but not limited to disclaimers of warranty, limited liability, indemnification, non-circumvention, fee payment, and intellectual property protection.

 

Upon termination, Client will still be required to pay Freelancer all fees for work performed prior to the termination of this agreement, or for any service contracts that were executed before termination.  All fees due to Domino for work performed before termination or contracts executed before termination will still be due.

 

XII.  GOVERNING LAW

 

These ToS shall be construed and interpreted according to the laws of the State of New York, USA, and shall be binding upon the parties hereto.  Any claim or dispute against Domino Co. must be heard in a state or federal court in New York County, and you agree to submit to the personal jurisdiction of the courts in New York County with regards to any litigation against Domino.

 

XIII.  SEVERABILITY

If any provision of these ToS are held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of these ToS shall remain operative and binding.

XIV.  WAIVER

The failure of either party to enforce its contractual rights or any clause under this agreement, whether or not intentionally, does not constitute a waiver of those rights.  Any waiver must be in writing and signed by the party who is waiving the right.

 

XIV.  MISCELLANEOUS

This agreement is not assignable, transferable, or sublicensable by you without prior written consent, signed by both parties.

 

XV. DEFINITIONS

 

“Freelancer” refers to any User using the Site to advertise and perform services to clients.

 

“Client” refers to any User using the Site to seek and hire freelancers to perform services.

 

 

XVI.  ENTIRE AGREEMENT

This Agreement constitutes a single integrated contract expressing the entire agreement between the User and Domino with respect to the subject matter hereof, and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.  All modifications to this agreement must be in writing and signed by both parties.

 

 

XVII.  CONTACT

                If you have additional questions or require assistance with Site, please contact us at legal@wearedomino.com. 

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