Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE. All users of this site agree that access to and the use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or any code is copyrighted as a collective work under the United States and other copyright laws, and is property of Dominating Designs®. All collective work includes works that are licensed to Dominating Designs®. Copyright 2007, Dominating Designs® ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of requesting an order with Dominating Designs® or purchasing Dominating Designs® products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, to place an order with Dominating Designs® or to purchase Dominating Designs® products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of our site is strictly prohibited, unless authorized in writting by Dominating Designs®. Further, you agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Dominating Designs® used in the site are trademarks or registered trademarks of Dominating Designs®. All other product logos are property of their respective owners.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, either express or implied, unless otherwise stated in written form from Dominating Designs. To the fullest extent permissible pursuant to applicable law, Dominating Designs® disclaims all warranties, express or implied, including, but not limited to, implied warranties of performance and/or fitness for a particular purpose and non-infringement. Dominating Designs® does not represent or warrant that the functions contained in the site will be uninterrupted and/or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Dominating Designs® does not make any warrantees or representations regaurding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, in which case, the above limitations may not apply to you.


Limitation of Liability
Dominating Designs® shall not be held liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Dominating Designs® has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, in which case, the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Dominating Designs® product is mistakenly listed for an incorrect price, Dominating Designs® reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Dominating Designs® reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your invoice has been paid. If your invoice has already been paid for the purchase and your order is cancelled, Dominating Designs® shall issue a refund for the amount of the incorrect product price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the shopping process. These terms and conditions, or any part of them, may be altered or terminated by Dominating Designs® without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any such termination.


Notice
Dominating Designs® may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Dominating Designs®.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Dominating Designs® products) shall be in the state or federal courts located in Erie County, Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Dominating Designs® products) must be commenced within one (1) year from the date of the claim or cause of action arises. Dominating Designs's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to alter any of these terms and conditions. Dominating Designs® may assign its rights and duties under this Agreement to any party at any time without prior notice to you.


Use of Site
Harassment of any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Dominating Designs® or other licensed employee, host, or representative, as well as other members or visitors on the site is strictly prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability, or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Dominating Designs® cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this site, Dominating Designs® is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Dominating Designs® reserves the right to block or remove any communications or materials that it determines to be abusive or offensive or otherwise unacceptable to Dominating Designs® in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Dominating Designs®, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you and/or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our customers, Dominating Designs® may link to sites operated by third parties. However, even if the third party is affiliated with Dominating Designs®, Dominating Designs® has no control over any linked sites, all of which have separate privacy and data collection practices, independent of Dominating Designs®. The linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Dominating Designs® seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for the sites it links to as well (including if a specific link does not work).