Dominiche - Dominiche Payment page

Terms of Use

These Terms of Use constitute a legal agreement between you, Marillion Partners, (“Marillion“) and StomperNet, LLC (“StomperNet”).

These terms of use will govern the sale, licensing and use of information and content known as the Dominiche Program (sometimes referred to as “Dominiche”). The information and content will provided to users on permanent digital media (DVD's and/or CDs), which will be supplied to them in physical form, as well as via access to portions of the StomperNet Web Site.

Dominiche is a product and trademark of Marillion. Marillion is solely responsible for the Dominiche content. StomperNet is responsible for the content on the StomperNet Web Site, subject to its Terms of Service.

Solely as a convenience to customers, StomperNet is reproducing the DVDs and manuals for distribution of the Dominiche content to its customers. StomperNet is not the provider or publisher of Dominiche. StomperNet makes no representations or warranties regarding the Dominiche content and is not responsible for any of the contents of the DVD's or manuals for the Dominiche Program. Opinions expressed in Dominiche are solely those of Marillion.

A single program fee is payable in advance for the Dominiche Program. The method of payment and the terms and conditions of payment shall be as from time to time established and required on the StomperNet Web Site. No refund for any program fee advanced by any user for the Dominiche Program will be due or payable unless the program user returns all physical materials delivered as part of the program and duly and timely cancels program participation within the refund period established on the StomperNet Web site, following the requirements set forth and the procedures required by StomperNet. Cancellation or termination of the Dominiche program for any reason will terminate a user's right to access the StomperNet Web Sites (unless access is properly established under another StomperNet program that provides such access).

The StomperNet Web Site is comprised of http://www.stompernet.com, http://www.convertlinks.com, http://www.stomperforum.com, http://www.stompernet.net, http://www.stomperblog.com, http://www.stompernetlive.com, http://www.whatisdominiche.com, http://www.stompernetpresents.com, http://www.stomperultra.com, their constituent web pages and various other web sites, URLs and Web pages now or hereafter operated or established by StomperNet.

Portions of the StomperNet Web Site will be offered to Dominiche Program members in good standing, conditioned upon this acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the StomperNet Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

StomperNet reserves the right to change the terms, conditions, and notices under which the StomperNet Web Site is offered, including but not limited to the charges associated with the use of the StomperNet Web Site. All changes shall be effective and deemed accepted by all users upon posting of such changes on the StomperNet Web Site. That version will then apply to all use by you following the date of publication. Each access of information from StomperNet will be a separate, discrete transaction based on the then prevailing terms. These Terms of Use and the license granted by it may not be assigned or sublet by you without StomperNet's advance written consent.

LINKS TO THIRD PARTY SITES

The StomperNet Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of StomperNet and StomperNet is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. StomperNet is not responsible for webcasting or any other form of transmission received from any Linked Site. StomperNet is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by StomperNet of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the StomperNet Web Site, you warrant to StomperNet that you will not use the StomperNet Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the StomperNet Web Site in any manner which could damage, disable, overburden, or impair the StomperNet Web Site or interfere with any other party's use and enjoyment of the StomperNet Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the StomperNet Web Sites.

USE OF COMMUNICATION SERVICES

The StomperNet Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

StomperNet has no obligation to monitor the Communication Services. However, StomperNet reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. StomperNet reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

StomperNet reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in StomperNet's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. StomperNet does not control or endorse the content, messages or information found in any Communication Service and, therefore, StomperNet specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized StomperNet spokespersons, and their views do not necessarily reflect those of StomperNet.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO STOMPERNET OR POSTED AT ANY STOMPERNET WEB SITE

StomperNet does not claim ownership of the materials you provide to StomperNet (including feedback and suggestions) or post, upload, input or submit to any StomperNet Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting StomperNet, its affiliated companies, licensees and sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. StomperNet is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in StomperNet's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DOMINICHE PROGRAM AND THE STOMPERNET WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. StomperNet AND/OR ITS LICENSORS, LICENSEES, PARTNERS AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE StomperNet WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE DOMINICHE PROGRAM AND THE StomperNet WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

STOMPERNET, MARILLION, AND THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMBERS, SUCCESSORS, ASSIGNS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE DOMINICHE PROGRAM OR ON THE StomperNet WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS, WHERE IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. StomperNet , Marillion, AND/ THEIR REPRESENTATIVES, SUCCESSORS, PARTNERS , LICENORS, LICENSEES, INDEPENDENT CONTRACTORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL CONTENT AND INFORMATION MADE AVAILABLE TO USERS AND ALL SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL MARILLION, STOMPERNET AND/OR THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMEBERS, SUCCESSORS, ASSIGNS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DOMINICHE PROGRAM OR THE STOMPERNET WEB SITE, THE RESULTS OBTAINED FROM CONTENT, INFROMATION, DATA OR ADVICE RENDERED, WITH THE DELAY OR INABILITY TO USE THE DOMINICHE PROGRAM OR THE StomperNet WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DOMINICHE PROGRAM OR THE StomperNet WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STOMPERNET, MARILLION, OR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, OWNERS, MEMEBERS, SUCCESSORS, ASSIGNS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DOMINICHE PROGRAM OR THE StomperNet WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DOMINICHE PROGRAM AND THE StomperNet WEB SITE. STOMPERNET'S AND MARILLION'S MAXIMUM LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR ANY CLAIM ARISING OF THE USE OF THE DOMINICHE PROGRAM OR THE STOMPERNET WEB SITE OR ANY CONTENT OR INFORMATION PROVIDED BY THEM SHALL BE A REFUND OF ANY PROGRAM OR SUBSCRIPTION FEE PAID BY THE SUBSCRIBER.

SERVICE CONTACT: dominichesupport@stompernet.com

TERMINATION/ACCESS RESTRICTIONS

StomperNet will post rules and conditions under which users will be granted continued access to the StomperNet Web Site. Not all users will have the right to access all portions of the StomperNet Web Site. StomperNet reserves the right to govern any user's access of the StomperNet Web Site in accordance with all rules posted on it. All rules and conditions shall be considered fully binding and applicable on users upon their posting to the StomperNet Web Site.

StomperNet reserves the right, in its sole discretion, to terminate your access to the StomperNet Web Site and the related services or any portion thereof at any time, without notice. GENERAL: To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Gwinnett County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the StomperNet Web Site. Use of the StomperNet Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and StomperNet as a result of this agreement or use of the StomperNet Web Site. StomperNet's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of StomperNet's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the StomperNet Web Site or information provided to or gathered by StomperNet with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and StomperNet with respect to the StomperNet Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and StomperNet with respect to the StomperNet Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the StomperNet Web Site are: Copyright © 2006 - 2007 by StomperNet, LLC. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Limitation On Use of Information

Content and information provided as part of the Dominiche Program is licensed to paid users for their own personal use only. Users are not authorized to knowingly allow any third party to access or use any of such content and information. Content and information for the Dominiche Program has been made available for your personal use under license from StomperNet and Marillion Partners. All content and information published or posted by StomperNet on the StomperNet Web Site is owned and copyrighted by StomperNet or legally licensed from third parties. You agree that you will not become directly or indirectly involved in or in any way compensated for the reuse, rebranding, duplication of, or selling or broking of content or information from either the Dominiche program or the StomperNet Web Site. You will in no event cause or permit to be published, copied, “burned”, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of such content or information (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, posting on a web site, reselling in DVD, CD or other form, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for this purpose only. Nothing herein shall authorize you to create any database, digital copy, directory or hard copy publication of or from such content or information, whether for internal or external distribution or use.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from StomperNet, and all information to which you have access through password-protected areas of StomperNet's Website and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.