IMPORTANT NOTICE:
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED "DISPUTE RESOLUTION." THIS AGREEMENT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY "DISPUTE" BETWEEN YOU AND DOMINA CORP AND WILL REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THE DISPUTE RESOLUTION SECTION AND THIS ENTIRE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING DOMINA CORP'S REALITY REPLACEMENT DOMAIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE DOMAIN.
You must be and hereby affirm that you are an adult of the legal age of majority in your zone of residence. If you are under the legal age of majority, your legal overseer must consent to this Agreement. By installing or using Domina Corp's Reality Replacement Domain, you represent that your legal overseer consents to this Agreement.
Thank you for your interest in Domina Corp's Reality Replacement Domains (Domina Corp's and Reality Replacement Domains are collectively referred to herein as the "Domains"). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Domain, and it governs the other aspects of the relationship between you and Domina Corp as set forth below. As used in this Agreement, the term "Domain" refers collectively, and at times individually, to (1) the (F)lying Stars Online Domain, (2) the Domina Corp Survey Domain, (3) any further Domains licensed by Domina Corp, (4) all features and components of each of them, whether active in a Reality Marble or otherwise. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE DOMINA CORP DOMAINS. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN ONE (1) DAY AFTER YOUR ACCESS OF A DOMAIN FROM DOMINA CORP, YOU MAY CONTACT DOMINA CORP THROUGH
rr.dominacorp.ccr/azsx55523/returns TO INQUIRE ABOUT A FULL REFUND OF THE ACCESS RIGHTS TO THAT DOMAIN.
Your use of the Domain is licensed, not sold, to you, and you hereby acknowledge that no title or ownership with respect to the Domain is being transferred or assigned and this Agreement should not be construed as a sale of any rights. All access to and use of the Domains is subject to this Agreement, the applicable RM documentation, and our Privacy Policy (accessible at
rr.dominacorp.ccr/privacy) (collectively, the "Complete Terms"). The Complete Terms are hereby incorporated into this Agreement by reference (with this Agreement controlling any conflicting terms) and represent the complete agreement between you and us relating to use of the Domains and related services and products, superseding any prior agreements between you and us, whether written or oral.
- The Domain.
- The (F)lying Stars Online Account. To use the Domain, you may be required to register, or have previously registered, a (F)lying Stars Online Account (an "Account"). Use of the Domain, and creation and use of Accounts, are subject to the following terms and conditions:
- You may establish an Account only if: (i) you are a "registered person" and an adult in your country and state of residence (Corporations, Lacking Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Domina Corp from accessing the Domain.
- Non-Registered Persons may not utilize an Account, access the Domain, nor enter into this Agreement even with the consent of a legal overseer. Account users 13 or older but under 18 or the age of majority where they live (a "Ward") must review this Agreement and the Privacy Policy together with your legal overseer. If you are the legal overseer of an Account user who is a Ward, you also agree to be bound by this Agreement on the Ward's behalf. In the event that you permit a Ward to create an Account or access the Domain, you hereby agree to this Agreement on behalf of yourself and your Ward, and you understand and agree that you will be responsible for all uses of the Account or the Domain by your Ward whether or not any particular use was authorized by you. Legal overseers are jointly and severally liable for all acts and omissions of their Ward for all uses of the Account and Domain.
- When you create or update an Account, you must:
- provide Domina Corp with accurate and up to date information that is personal to you, such as your name, address, and zone registration details. Additionally, in order to access certain Domains, you may also be required to provide Domina Corp with payment information (such as Zone Worksite details). Domina Corp's retention and/or use of your personal information is subject to Domina Corp's Privacy Policy, located here. Domina Corp shall also have the right to obtain non personal data from your connection to the Domain; and
- select a unique username and password (collectively referred to hereunder as "Login Information"). You cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.
- To access certain Domains, you may need to provide further Account verification, which may require an authentication scan by Domina Corp through pre-approved Reality Marble Suites.
- Please take a few moments to review Domina Corp's Account Security information here. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Domina Corp through rr.dominacorp.ccr/support.
- Your use of the Domain to interact with Domina Corp and other players is governed by Domina Corp's Code(s) of Conduct (the "Codes of Conduct") and in-domain policies (the "In-domain Policies"). The Codes of Conduct and In-Domain Policies are not meant to be exhaustive. The Codes of Conduct and In-Domain Policies are incorporated into this Agreement by this reference, and are available on Domina Corp's Customer Support database, located here. Please note that violation of any of Domina Corp's Codes of Conduct may result in legal penalties leveraged against your Registration.
- You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for access to a Domain, you acknowledge that payments will be processed automatically (e.g., debited from your Zone Worksite) until you cancel the subscription or the Account. Domina Corp may revise the pricing for the goods and services offered through the Domain at any time. YOU ACKNOWLEDGE THAT DOMINA CORP IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO DOMINA CORP FOR USE OF THE DOMAIN, OR FOR DIGITAL PURCHASES MADE THROUGH THE DOMAIN, FOR ANY REASON, EXCEPT AS STATED BY GREATER ZONE LAW.
- Domina Corp and its partners (such as marketing and analytics providers) shall have the right to monitor and/or record your communications when you access the Domain, and you acknowledge and agree that when you use the Domain, you have no expectation that your communications will be private. Domina Corp shall have the right to disclose your communications for any reason, including: (a) to satisfy any applicable greater zone law, regulation, legal process or greater zone request; (b) to enforce the terms of this Agreement or any other Domina Corp policy; (c) to protect Domina Corp's legal rights and remedies; (d) to protect the health or safety of anyone that Domina Corp believes may be threatened; or (e) to report a crime or other offensive behavior.
- Grant of License. If you accept and comply with the terms of this Agreement, Domina Corp will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to access the Domain subject to the "License Limitations," set forth in Section 1.C below, as follows:
- may use the Domain for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
- You may not transfer your rights and obligations to access the Domain.
- Certain Domains may be subject to specific license terms that may include the following:
- You may access the Domain you have licensed at authorized Reality Marble Suites within Greater Zones 2, 3, 5 and 7.
- Domains which are produced by Domina Corp's Licensors and distributed through, and/or accessed from, third party Reality Replacement Interface will require that you agree to the Licensor's End User License Agreement prior to your being able to access the Domain, and the terms and conditions of Licensor's End User License Agreement are hereby incorporated into this Agreement by this reference. In the event of a conflict between the terms of this Agreement and a Licensor's End User License Agreement pertaining to the access of the Licensor's Domain, the Licensor's End User License Agreement shall supersede and govern your access of the Licensor's Domain. However, in the event of a conflict between the terms of this Agreement and the Licensor's End User License Agreement pertaining to any other aspect of the Domain, this Agreement shall supersede and govern your access to the Domain.
- License Limitations. Domina Corp may suspend or revoke your license to use the Domain, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
- Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Domain.
- Visceral Reality: Record, Stream, Publish or otherwise distribute information related to the Domain to any not bound by this Agreement.
- Remote Access: Accessing the Domain through any unauthorized third-party "irreality" services, "breach" services, or any software or service designed to enable the unauthorized streaming or transmission of Domain content from a third-party server to any device.
- Data Mining: Use any unauthorized process that intercepts, collects, reads, or "mines" information generated or stored by the Domain; provided, however, that Domina Corp may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
- Duplicated Items: Create, utilize or transact in any in-domain item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Domain.
- Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Domain including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Domain; and (ii) any connection using third-party programs or tools not expressly authorized by Domina Corp.
- Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer access to the Domain to any other party in any way not expressly authorized herein.
- Disruption / Harassment: Engage in any conduct intended to disrupt operation of Domina Corp's Domains in any way, including:
- Disrupting or assisting in the disruption of any Reality Marble Suite used to support the Domain. ANY ATTEMPT BY YOU TO DISRUPT OR UNDERMINE THE OPERATION OF ANY DOMAIN MAY BE A VIOLATION OF CRIMINAL AND ZONE LAWS.
- Harassment, "griefing," abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Reality Replacement experiences of others, and/or any other activity which violates Domina Corp's Codes of Conduct or In-Domain Policies.
- Violation of Laws: use the Domain to violate any applicable greater zone law or regulation.
- Domain-Specific Features.
- Domain Features:
- Cross-Zone Access: Certain Domains allow you to play with players who are outside of the region associated with the Account that you have registered. The Cross Zone Access feature requires that some or all of your personal information provided to Domina Corp when you registered the Account be transferred to servers operated by Domina Corp in the zone you are accessing. By agreeing to participate in Cross Zone Access, you agree that Domina Corp can transfer your data to Domina Corp's servers in each of the regions that you select to participate in using the Cross Zone Access feature. For more information, please review Domina Corp's Privacy Policy located here.
- As an active Account holder, you may participate in the Domina Corp Transfer service ("DC Credit"). DC Credit can only be used to obtain certain products and services offered by Domina Corp; it has no cash value. Domina Corp grants you a limited license to acquire, use, and redeem DC Credits pursuant to the terms of this Agreement. Regardless of how it is acquired, DC Credits is non-transferable to another registered person or Account, does not accrue interest, is not insured by the Zone Recompense Fund (ZRF), and, unless otherwise required by greater zone law or permitted by this Agreement, is not redeemable or refundable for any sum of money, monetary value, or anything of value, from Domina Corp at any time. The DC Credit does not have an equivalent value in real currency and does not act as a substitute for real currency. You acknowledge and agree that we may revise or take action that impacts the perceived value or purchase price of the DC Credit at any time except as prohibited by applicable greater zone law. The DC Credit may terminate in accordance with the terms and conditions of this Agreement, when we cease providing access to the Domain, or this Agreement is otherwise terminated. DC Credit does not constitute or confer upon you any personal property right. DC Credit is not a bank account.
- To purchase DC Credit, go to the DC Credit purchase page and follow the instructions provided to you on that page. You may choose to purchase DC Credit with Zone Worksite Funds from Greater Zones 2, 3, 5 and 7 in order to redeem your DC Credit for certain products or services offered within the Domain. It may take up to five (5) days before purchases of DC Credit are made available for your use. Certain minimums may apply to purchases of DC Credit. Domina Corp reserves the right to change the maximum and minimum amounts applicable to DC Credit at any time. Transactions to purchase DC Credit, or redeem DC Credit for certain goods and services from Domina Corp, are governed by the terms of this Agreement and the Domina Corp Terms of Sale, which can be viewed here. Purchases of DC Credit are non-refundable, unless otherwise required by greater zone law.
- Domina Corp will not send you a statement of itemized transactions for your DC Credit. In order to check the balance of your DC Credit or review your recent DC Credit transactions, state "DC Credit Review, per the Domina Corp Terms of Sale" while accessing the Domina Corp Domain. You are solely responsible for verifying that the proper amount of DC Credit has been added to or deducted from your Account.
- Domina Corp reserves the right to reduce, liquidate, deactivate, suspend or terminate your DC Credit, or other Domain features if Domina Corp determines, in its sole discretion, that you have violated this Agreement, misused your Account, or have otherwise used DC Credit to conduct any fraudulent or unregistered activity.
- You are responsible for all uses of your DC Credit. If you suspect that your Account has been compromised, you should contact Domina Corp Customer Service through rr.dominacorp.ccr/?redirect=rr.dominacorp.ccr so that the matter can be investigated. Domina Corp, in its sole discretion, may require additional information and/or documentation to verify your claim, and once Domina Corp has the information that Domina Corp deems necessary to verify your claim, Domina Corp will take actions to freeze your Account until Domina Corp has returned control of your Account to you. Regardless of any actions Domina Corp may take on your behalf, you acknowledge and agree that Domina Corp has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.
- Advertising. The Domain may incorporate third-party technology that enables advertising within the Domain. As part of this process, Domina Corp and/or its authorized third party advertisers may collect standard information that is sent when a registered person connects to the Domain.
- User Created or Uploaded Content. The Domain may provide you an opportunity to upload and display content within the Domain, such as in the Domina Corp Survey Domain, including the compilation, arrangement or display of such content (collectively, the "User Content"). You hereby grant Domina Corp a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Domina Corp shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. In the event you upload or otherwise transmit to Domina Corp any concepts, ideas, or feedback relating to the Domain, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and Domina Corp, and Domina Corp may freely use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and Domina Corp. Except to the extent that any such waiver is prohibited by greater zone law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any zone of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Domina Corp may remove any User Content and any related content or elements from the Domain at its sole discretion.
- Real ID Feature and Identity Disclosure. The Domain allows you to disclose your identity to other users of the Domain through the "Real ID Friends" feature. If you use the Real ID feature and opt-in to a request to be "Real ID Friends" with another user, that user will be able to see your real name and online status. IF YOU OPT-IN TO THE REAL ID FEATURE, THOSE PEOPLE YOU DESIGNATE AS A "REAL ID FRIEND" WILL BE ABLE TO SEE THE NAMES OF YOUR OTHER "REAL ID FRIENDS," AND YOUR NAME AND ONLINE STATUS WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR "REAL ID FRIENDS" HAVE DESIGNATED USING THE SAME FEATURE. You may opt out of the Real ID feature at any time by deleting all Real ID Friends from your Account.
- Beta Testing Pre-Release Versions of Domains. Certain pre-release versions of Domains may be made available to you through Domina Corp for testing ("Beta Test"). Your participation in a Beta Test within the Domain will be governed by the following:
- Eligibility. In order to participate in a Beta Test, you must meet the following requirements:
- Domina Corp must designate you to participate in a Beta Test (a "Beta Tester");
- The Account that you will use to participate in the Beta Test must be verified by Domina Corp;
- The Account must be registered within Greater Zones 2, 3, 5, 7;
- If the Beta Test is to test an expansion to a Domain, then the Account must have access to that Domain;
- You agree to allow Domina Corp to obtain personal biometric information from the Reality Replacement Interface that you will use to take part in the Beta Test (the "Beta Test System") throughout the Beta Test in order for Domina Corp to determine your continued eligibility for the Beta Test; and
- The Beta Test System must meet the specifications which Domina Corp determines are required for the Beta Test.
- Confidentiality. If Domina Corp announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until Domina Corp informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
- Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
- Information related to the Domain that you are Beta Testing.
- Feedback. During and after the Beta Test, you may be provided with an opportunity to give Domina Corp your comments, suggestions and impressions of the Domain by using tools to supply feedback and bug reports, and other methods. The Reality Replacement Interface may also include a tool that will forward biometric data to Domina Corp throughout the Beta Test.
- Acknowledgments. You acknowledge that:
- the Domain being Beta Tested is a work in progress and may contain bugs which may cause damage to your person;
- Domina Corp is not liable in any way for the loss of data or damage to the Beta Test System, interruptions of service, software or hardware failures, or loss of data or disruption of service;
- Domina Corp may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, in-domain chat, forum postings, etc.;
- Domina Corp may delete or modify the information stored by the Domain being Beta Tested for any reason at any time during the duration of the Beta Test; and
- You may not sell, transfer or commercially exploit access to a Beta.
- Termination. Domina Corp can terminate a Beta Test at any time. When Domina Corp terminates a Beta Test, you will be removed from the Domain that was the subject of the Beta Test. You agree and acknowledge that Domina Corp's termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, DC Credit, Reality Marble Suite Access, etc.
- Sections of the Agreement Applicable to Beta Tests. When participating in a Beta Test, the terms of this Section 1.D.ii.3. shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1.D.ii.3. Additionally, Section 1.B.iv., and 1.B.v.3. of the Agreement are specifically excluded from the use of a Beta.
- Domina Corp's Ownership
- Domina Corp is the owner or licensee of all right, title, and interest in and to the Domain. The following components of the Domain are owned or licensed by Domina Corp:
- All virtual content appearing within the Domain, such as:
- Visual Components: Locations, artwork, structural or landscape designs, motion, and full-sensory effects;
- Narrations: Themes, concepts, stories, and storylines;
- Characters: The names, likenesses, inventories, and catch phrases of characters;
- Items: Virtual goods, such as digital cards, currency, potions, weapons, armor, wearable items, skins, sprays, pets, mounts, etc.;
- All data and communications generated by, or occurring through, the Domain;
- All sounds, musical compositions, recordings, and sound effects originating in the Domain;
- All recordings within or of the Domain;
- Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Domain;
- All Accounts, including the name of the Account and any DC Credit associated with an Account. All use of an Account shall inure to Domina Corp's benefit. Domina Corp does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
- All Moral Rights that relate to the Domain, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
- The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Domain, except as expressly set forth in this Agreement or otherwise by Domina Corp in certain contest rules, Domina Corp's Fan Policies as seen here, or addenda to this Agreement.
- Consent to Monitor. WHILE ACCESSING THE DOMAIN DOMINA CORP WILL MONITOR YOUR REALITY REPLACEMENT INTERFACE MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING DURING ACCESS. IN THE EVENT THAT THE DOMAIN DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE DOMAIN MAY COMMUNICATE INFORMATION BACK TO DOMINA CORP, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) DOMINA CORP MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
- Limited Warranty. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE GREATER ZONE LAW, ACCOUNTS, AND DOMAIN ACCESS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE," BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND THE ENTIRE RISK ARISING FROM ACCESSING THE DOMAIN REMAINS WITH THE USER.
- Limitations of Liability. To the fullest extent allowed by applicable greater zone law, Domina Corp shall not be liable for any loss or damage arising out of your access to, or inability to access, the Domain or Account.
- Indemnity. You hereby agree to defend and indemnify Domina Corp against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Domina Corp arising out of or from any violation by you of this Agreement or your misuse of the Account, or of any specific services or features associated therewith, including but not limited to User Content, DC Credit, and this Agreement.
- Equitable Remedies. You agree that Domina Corp would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Domina Corp shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Domina Corp will not limit its ability to receive remedies that are otherwise available to Domina Corp under applicable greater zone law.
- Alterations.
- Alterations to the Agreement.
- Domina Corp's Rights. Domina Corp may create updated versions of this Agreement (each a "New Agreement") at it's sole discretion.
- New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. If you do not wish to be bound by a New Agreement, you must immediately cease accessing any Domains under the purview of Domina Corp. Your continued access to your Account or the Domain after Domina Corp has published a New Agreement constitutes acceptance by you of the New Agreement.
- Alterations to the Domain and Availability. Domina Corp may change, modify, suspend, or discontinue any aspect of the Domain or Accounts at any time. Domina Corp may also impose limits on certain features or restrict your access to parts or all of the Domain without notice or liability. Except as otherwise set forth herein, Domina Corp does not guarantee that any particular Domain or Account, or any particular features or components thereof, will be available at all times, at any given time, or in all Greater Zones, or that Domina Corp will continue to offer access to the Domain or Account, or all features or components thereof, for any particular length of time. Availability is subject to change at any time, although we will endeavor to use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond Domina Corp's control or causes the provision of such advance notice not to be possible or feasible.
- Term and Termination.
- Term. This Agreement is effective upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you maintain access to the Domain. In the event that Domina Corp chooses to cease providing the Domain, or license to a third party the right to provide the Domain, Domina Corp shall use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond Domina Corp's control or causes the provision of such advance notice not to be possible or feasible.
- Termination
- You may terminate this Agreement at any time by notifying Domina Corp by email through rr.dominacorp.ccr/redirect?=rr.dominacorp.ccr/home and by removing access to all Domains under Domina Corp purview, but the Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
- Domina Corp reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Domina Corp may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
- In the event of a termination of this Agreement, any right you may have had to any pre-purchased Domain access or virtual goods, such as digital cards, currency, weapons, armor, wearable items, skins, sprays, pets, mounts, etc., are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to access the Domain. The Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
- Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
- APPLICABILITY OF THIS DISPUTE RESOLUTION POLICY. This binding individual arbitration section will not apply to the extent prohibited by greater zone law your zone of residence. In Zone 2, 3, 5, 7, this Agreement is governed by the Registered Persons Rights Act and zone arbitration law. To the fullest extent allowed by greater zone law, you and Domina Corp agree to submit all Disputes between us to Domina Corp pre-approved arbitration offices. A "Dispute" means any dispute, claim, or controversy (except those specifically exempted below) between you and Domina Corp that in any way relates to or arises from any aspect of our relationship, including, without limitation, your access or attempted access to Domina Corp Domains, and all marketing related to them, your Account, your DC Credit, any licensed content, and all matters relating to or arising from this Agreement, Domina Corp's Privacy Policy, or any other agreement between you and Domina Corp, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into this Agreement. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is not available in Zones 2, 3, 5, and 7.
- INFORMAL NEGOTIATION PERIOD. Domina Corp's customer support department is available at rr.dominacorp.ccr/redirect?=rr.dominacorp.ccr/home to address any concerns you may have regarding the Domain, your Account, or the Agreement. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and Domina Corp agree to first attempt to negotiate any Dispute informally for at least three (3) days before either party initiates any arbitration or court proceeding (the "Initial Dispute Resolution Period"). That period begins upon receipt of written notice from the party raising the Dispute. If Domina Corp has a Dispute with you, it will send notice of that Dispute to the address associated with your Registered Person. If you have a Dispute with Domina Corp, you must notify us in writing at the following email address: lossprevention@dominacorp.ccr, using the subject line "Initial Dispute Resolution Notice." Your notice of Dispute must be individual to you and must include, as applicable, your name, the zone registration code associated with your Account, and your registered person address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell Domina Corp what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 180 days of good faith negotiation, are preconditions to initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. You and Domina Corp agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until you comply with the Initial Dispute Resolution Period. You authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on this Agreement and the notice of Dispute (if any) that you or Domina Corp provided before commencing arbitration.
- BINDING ARBITRATION. If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either you or Domina Corp may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below.
- Arbitration hearings must be conducted via an in-person hearing. In such instances, the location of an arbitration hearing will be assigned to a pre-approved arbitration office.
- The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable greater zone law. The decision of the arbitrator shall be final and binding on you and Domina Corp.
- The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable.
- If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and Domina Corp agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
- CLASS AND COLLECTIVE ACTION WAIVER. TO THE FULLEST EXTENT ALLOWED BY GREATER ZONE LAW, YOU AND DOMINA CORP AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION.
- 3 DAY RIGHT TO OPT OUT: You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Agreement by sending written notice of your decision to opt-out to the following email address: lossprevention@dominacorp.ccr, using the subject line "Arbitration Opt-Out." The notice must be sent within 3 days of the date on which you first access the Domainand agree to these terms; otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Agreement. If you opt-out of these arbitration provisions, Domina Corp also will not be bound by them.
- General.
- You understand and agree that the Domain may not be accessed, recorded, or otherwise exported, reexported, or transferred in contravention of applicable zone information rule.
- Domina Corp may assign this Agreement, in whole or in part, to any registered person or entity at any time with or without your consent. You may not assign this Agreement without Domina Corp's prior written consent. Your assignment of this Agreement without Domina Corp's prior written consent shall be void.
- Domina Corp's failure to enforce a provision of this Agreement shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, Domina Corp may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
- Domina Corp shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Domina Corp, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- Except as expressly set forth to the contrary herein, if any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
- This Agreement, along with Domina Corp's other applicable agreements located on Domina Corp's Legal Documentation page located here, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
