Date: 01/06/2010
The DomainWebStudio.com Web Site (the “Site”) is an online information service provided by DomainWebStudio.com (“DWS”), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SUBSCRIBING, ACCESSING OR USING THE SITE OR SERVICE. BY ACCESSING OR USING THE SITE, ASSOCIATED TRAINING, SUPPORTING TOOLS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD NOT SUBSCRIBE TO THE SERVICE. DOMAINWEBSTUDIO.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
By registering for our service and creating an account, you agree NOT to attempt to reverse-engineering our online service.
While DWS, DomainWebStudio.com, provides you with tools and materials to improve your online productivity, we make no claims or guarantees that you will make any profits from the content you produce through our service.
If you are looking for an avalanche of traffic overnight or a fully automated site generation software/service, then DomainWebStudio.com is not for you. p>
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are DomainWebStudio.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to DWS a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to DWS by all means and in any media now known or hereafter developed. You also grant to DWS the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DWS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to DWS.
DomainWebStudio.com TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of DWS. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by DWS, DWS does not operate, control or endorse any information, products or services on the Internet in any way. Except for DWS – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with DWS a. You also understand that DWS cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Because DWS does not use stored data for our tool, we cannot be held responsible for the dynamic nature or unforeseen disruptions of the data collected from the internet. Nor are we responsible for our data providers downtime and how that may impact the subscribers ability to use our tool and services. DWS does everything in its power to minimize and adjust to these potentials.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. DWS PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND DWS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. DWS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. DWS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL DWS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF DWS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DWS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
DWS makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-DWS web site, please understand that it is independent from DWS, and that DWS has no control over the content on that web site. In addition, a link to a DWS web site does not mean that DWS endorses or accepts any responsibility for the content, or the use, of such web site.
3. Disclaimer and Legal Notice
All products, services, theories and licensed materials provided to DWS users are designed to provide accurate and authoritative information in regard to the subject matter covered. By using any and all products and materials found within the Site, the subscriber understands that DWS is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.
None of the sample documents provided within the Site are provided for use by DWS subscribers as-is or verbatim, only as models from which to devise, write, or develop their own materials. In instances where legal or financial questions apply, you should consult an attorney or other appropriate professional adviser
If DWS members are in doubt about the appropriateness or legality of any materials or instructions, they should obtain competent guidance just as they would with any other marketing documents, materials, or marketing plans they have developed or would develop on their own.
Also, some suggestions made on the Site concerning marketing, product sales, referral fees, etc., may have inadvertently introduced practices deemed unlawful in certain states and municipalities. DWS subscribers should be aware of the various laws governing business transactions or other business practices in their particular location.
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall DWS or its partners be liable to any person for damages of any character including, without limitation, damages for computer failure, malfunction, or any and all other damages or losses caused by the use of the products, services, theories and licensed materials on the Site.
4. Indemnification.
You agree to indemnify, defend, and hold harmless DWS, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site and Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing DWS’ Site and service.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Disclaimer and Legal Notice) and 4 (Indemnification) are for the benefit of DWS and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against DWS subscribers on its own behalf.
6. Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Disclaimer and Legal Notice), 4 (Indemnification), 5 (Third Party Rights ),and 7 (Miscellaneous) shall survive any termination of this Agreement.
Refund Policy
DWS offers a 7 day full money back Guarantee. By subscribing to DWS you agree to these terms and agree that DWS has the right refuse any refund claims via Pay Pal or any other payment gateway. This STRICT policy is enforced to deter membership leeches who subscribe, try downloading all the intellectual property and then immediately request a refund stating the product is inferior in some form.
Cancellation of Service
You can cancel your subscription at any time. If you would like to cancel your subscription you need to follow the procedure outlined in points 6.1 – 6.10. If this procedure is not followed; DWS or associates will not accept responsibility for any claims made of being charged for access to DWS services and reserves the right to reject any claims made in this respect. DWS reserves its right to deal with the claim at its own discretion.
IMPORTANT NOTE:
IN ORDER TO VALIDATE THAT YOU WANT TO CANCEL YOU SUBSCRIPTION TO DWS; YOU MUST CANCEL YOUR SUBSCRIPTION YOURSELF. DWS OR ITS ASSOCIATES WILL NOT CANCEL YOUR SUBSCRIPTION FOR YOU OR ON YOUR BEHALF, AS THE SUBSCRIPTION SERVICE IS AN AUTOMATED PROCEDURE.
FAILURE TO CANCEL YOUR SUBSCRIPTION AND BEING CHARGED DOES NOT GAURENTEE GETTING REFUNDED.
Cancellation Process
6.1. Log into PayPal account
6.2. Click on History in navigation bar, and then click on find a transaction just below it
6.3. Paste the transaction ID into the search text field and select transaction ID from the drop down menu, click on Search button
6.4. Once transaction found, click on the Details Link
6.5. Next click on the View Details link under the yellow transaction details box
6.6. Click on the Cancel Link. Please note this will cancel your subscription and you will no longer be billed by PayPal or DWS.
6.7. Once you have cancelled your subscription and have verified that your subscription has been cancelled (PayPal will notify you via email), then IF you are within your 7 day refund period send the refund request and the copy of the PayPal cancellation email to the help desk, http://domainwebstudio.zendesk.com/home. DWS reserves the right to issue a refund without proof of PayPal email cancellation. DWS cannot be held accountable or liable for any additional charges you may incur if you do not cancel your subscription.
6.8. Once we receive the request and the PayPal cancellation email, we will respond within 7 working days either with a full refund or a refusal based on the request not being within the parameters set within the Cancellation Of Service.
6.9. You are entitle to raise any disputes with PayPal if you feel that DWS has not fulfilled any part of the agreement
6.10. If refund claims are raised via PayPal, then the dispute procedure will be followed that is set out in PayPal terms and conditions. DWS reserves the right to provide PayPal a link to our Terms & Conditions, your transaction history with DWS as well as any other information required by PayPal.
7. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United Kingdom applicable to agreements made and to be performed in The United Kingdom. You agree that any legal action or proceeding between DWS and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in The United Kingdom. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. DWS ‘s failure to insist upon or enforce strict performance of any provision of this Agreement 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 modify any provision of this Agreement. DWS may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.