Dominatrix of Ditties Website Terms of Use

Version 1.0
The Stand Up Eight, Inc. website located at www.dominatrixofditties.com is a copyrighted work belonging to Stand Up Eight, Inc. Certain  features of the Site may be subject to additional guidelines, terms, or  rules, which will be posted on the Site in connection with such  features.

 

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These  Terms of Use described the legally binding terms and conditions that  oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING  COMPLIANT THAT THESE TERMS and you represent that you have the authority  and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS  OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF  THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.


These  terms require the use of arbitration Section 10.2 on an individual  basis to resolve disputes and also limit the remedies available to you  in the event of a dispute.

Access to the Site

Subject  to these Terms. Company grants you a non-transferable, non-exclusive,  revocable, limited license to access the Site solely for your own  personal, noncommercial use.

Certain  Restrictions. The rights approved to you in these Terms are subject to  the following restrictions: (a) you shall not sell, rent, lease,  transfer, assign, distribute, host, or otherwise commercially exploit  the Site; (b) you shall not change, make derivative works of,  disassemble, reverse compile or reverse engineer any part of the Site;  (c) you shall not access the Site in order to build a similar or  competitive website; and (d) except as expressly stated herein, no part  of the Site may be copied, reproduced, distributed, republished,  downloaded, displayed, posted or transmitted in any form or by any means  unless otherwise indicated, any future release, update, or other  addition to functionality of the Site shall be subject to these Terms.   All copyright and other proprietary notices on the Site must be retained  on all copies thereof.
Company  reserves the right to change, suspend, or cease the Site with or  without notice to you.  You approved that Company will not be held  liable to you or any third-party for any change, interruption, or  termination of the Site or any part.
 
No  Support or Maintenance. You agree that Company will have no obligation  to provide you with any support in connection with the Site.
Excluding  any User Content that you may provide, you are aware that all the  intellectual property rights, including copyrights, patents, trademarks,  and trade secrets, in the Site and its content are owned by Company or  Company’s suppliers. Note that these Terms and access to the Site do not  give you any rights, title or interest in or to any intellectual  property rights, except for the limited access rights expressed in  Section 2.1. Company and its suppliers reserve all rights not granted in  these Terms.

User Content

User  Content. "User Content" means any and all information and content that a  user submits to the Site. You are exclusively responsible for your User  Content. You bear all risks associated with use of your User Content.   You hereby certify that your User Content does not violate our  Acceptable Use Policy.  You may not represent or imply to others that  your User Content is in any way provided, sponsored or endorsed by  Company. Because you alone are responsible for your User Content, you  may expose yourself to liability. Company is not obliged to backup any  User Content that you post; also, your User Content may be deleted at  any time without prior notice to you. You are solely responsible for  making your own backup copies of your User Content if you desire.

You  hereby grant to Company an irreversible, nonexclusive, royalty-free and  fully paid, worldwide license to reproduce, distribute, publicly  display and perform, prepare derivative works of, incorporate into other  works, and otherwise use and exploit your User Content, and to grant  sub-licenses of the foregoing rights, solely for the purposes of  including your User Content in the Site.  You hereby irreversibly waive  any claims and assertions of moral rights or attribution with respect to  your User Content.

Acceptable  Use Policy. The following terms constitute our "Acceptable Use Policy":  You agree not to use the Site to collect, upload, transmit, display, or  distribute any User Content (i) that violates any third-party right or  any intellectual property or proprietary right; (ii) that is unlawful,  harassing, abusive, tortious, threatening, harmful, invasive of  another’s privacy, vulgar, defamatory, false, intentionally misleading,  trade libelous, pornographic, obscene, patently offensive, promotes  racism, bigotry, hatred, or physical harm of any kind against any group  or individual; (iii) that is harmful to minors in any way; or (iv) that  is in violation of any law, regulation, or obligations or restrictions  imposed by any third party.

In  addition, you agree not to: (i) upload, transmit, or distribute to or  through the Site any software intended to damage or alter a computer  system or data; (ii) send through the Site unsolicited or unauthorized  advertising, promotional materials, junk mail, spam, chain letters,  pyramid schemes, or any other form of duplicative or unsolicited  messages; (iii) use the Site to harvest, collect, gather or assemble  information or data regarding other users without their consent; (iv)  interfere with, disrupt, or create an undue burden on servers or  networks connected to the Site, or violate the regulations, policies or  procedures of such networks; (v) attempt to gain unauthorized access to  the Site, whether through password mining or any other means; (vi)  harass or interfere with any other user’s use and enjoyment of the Site;  or (vi) use software or automated agents or scripts to produce multiple  accounts on the Site, or to generate automated searches, requests, or  queries to the Site.

We reserve the right to review any User Content, and to investigate and/or  take appropriate action against you in our sole discretion if you  violate the Acceptable Use Policy or any other provision of these Terms  or otherwise create liability for us or any other person. Such action  may include removing or modifying your User Content, terminating your  Account in accordance with Section 8, and/or reporting you to law  enforcement authorities.
If  you provide Company with any feedback or suggestions regarding the  Site, you hereby assign to Company all rights in such Feedback and agree  that Company shall have the right to use and fully exploit such  Feedback and related information in any manner it believes appropriate.   Company will treat any Feedback you provide to Company as  non-confidential and non-proprietary.

You agree to indemnify and hold Company and its officers, employees, and  agents harmless, including costs and attorneys’ fees, from any claim or  demand made by any third-party due to or arising out of (a) your use of  the Site, (b) your violation of these Terms, (c) your violation of  applicable laws or regulations or (d) your User Content.  Company  reserves the right to assume the exclusive defense and control of any  matter for which you are required to indemnify us, and you agree to  cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Company.  Company will use  reasonable efforts to notify you of any such claim, action or proceeding  upon becoming aware of it.

Third-Party Links & Ads; Other Users

Third-Party  Links & Ads. The Site may contain links to third-party websites and  services, and/or display advertisements for third-parties.  Such  Third-Party Links & Ads are not under the control of Company, and  Company is not responsible for any Third-Party Links & Ads.  Company  provides access to these Third-Party Links & Ads only as a  convenience to you, and does not review, approve, monitor, endorse,  warrant, or make any representations with respect to Third-Party Links  & Ads.  You use all Third-Party Links & Ads at your own risk,  and should apply a suitable level of caution and discretion in doing so.  When you click on any of the Third-Party Links & Ads, the  applicable third party’s terms and policies apply, including the third  party’s privacy and data gathering practices.

Other  Users. Each Site user is solely responsible for any and all of its own  User Content.  Because we do not control User Content, you acknowledge  and agree that we are not responsible for any User Content, whether  provided by you or by others.  You agree that Company will not be  responsible for any loss or damage incurred as the result of any such  interactions.  If there is a dispute between you and any Site user, we  are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers,  employees, agents, successors, and assigns from, and hereby waive and  relinquish, each and every past, present and future dispute, claim,  controversy, demand, right, obligation, liability, action and cause of  action of every kind and nature, that has arisen or arises directly or  indirectly out of, or that relates directly or indirectly to, the Site.  If you are a California resident, you hereby waive California civil code  section 1542 in connection with the foregoing, which states: "a general  release does not extend to claims which the creditor does not know or  suspect to exist in his or her favor at the time of executing the  release, which if known by him or her must have materially affected his  or her settlement with the debtor."

Cookies and Web Beacons. Like any other website, Wings Hypnosis uses ‘cookies’.  These cookies are used to store information including visitors’  preferences, and the pages on the website that the visitor accessed or  visited. The information is used to optimize the users’ experience by  customizing our web page content based on visitors’ browser type and/or  other information.

Google DoubleClick DART Cookie. Google is one of a third-party vendor on our  site. It also uses cookies, known as DART cookies, to serve ads to our  site visitors based upon their visit to www.website.com  and other sites on the internet. However, visitors may choose to  decline the use of DART cookies by visiting the Google ad and content  network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Disclaimers

The site is provided on an "as-is" and "as available" basis, and company  and our suppliers expressly disclaim any and all warranties and  conditions of any kind, whether express, implied, or statutory,  including all warranties or conditions of merchantability, fitness for a  particular purpose, title, quiet enjoyment, accuracy, or  non-infringement.  We and our suppliers make not guarantee that the site  will meet your requirements, will be available on an uninterrupted,  timely, secure, or error-free basis, or will be accurate, reliable, free  of viruses or other harmful code, complete, legal, or safe.  If  applicable law requires any warranties with respect to the site, all  such warranties are limited in duration to ninety (90) days from the  date of first use.
 
Some jurisdictions do not allow the exclusion of implied warranties, so the  above exclusion may not apply to you.  Some jurisdictions do not allow  limitations on how long an implied warranty lasts, so the above  limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our  suppliers be liable to you or any third-party for any lost profits, lost  data, costs of procurement of substitute products, or any indirect,  consequential, exemplary, incidental, special or punitive damages  arising from or relating to these terms or your use of, or incapability  to use the site even if company has been advised of the possibility of  such damages.  Access to and use of the site is at your own discretion  and risk, and you will be solely responsible for any damage to your  device or computer system, or loss of data resulting therefrom.

To  the maximum extent permitted by law, notwithstanding anything to the  contrary contained herein, our liability to you for any damages arising  from or related to this agreement, will at all times be limited to a  maximum of fifty U.S. dollars (u.s. $50). The existence of more than one  claim will not enlarge this limit.  You agree that our suppliers will  have no liability of any kind arising from or relating to this  agreement.
 
Some  jurisdictions do not allow the limitation or exclusion of liability for  incidental or consequential damages, so the above limitation or  exclusion may not apply to you.

Terms and Termination. Subject to this Section, these Terms will remain in  full force and effect while you use the Site.  We may suspend or  terminate your rights to use the Site at any time for any reason at our  sole discretion, including for any use of the Site in violation of these  Terms.  Upon termination of your rights under these Terms, your Account  and right to access and use the Site will terminate immediately.  You  understand that any termination of your Account may involve deletion of  your User Content associated with your Account from our live databases.   Company will not have any liability whatsoever to you for any  termination of your rights under these Terms.  Even after your rights  under these Terms are terminated, the following provisions of these  Terms will remain in effect: Sections 2 through 2.5, Section 3 and  Sections 4 through 10.

Copyright Policy

Company respects the intellectual property of others and asks that users of our  Site do the same.  In connection with our Site, we have adopted and  implemented a policy respecting copyright law that provides for the  removal of any infringing materials and for the termination of users of  our online Site who are repeated infringers of intellectual property  rights, including copyrights.  If you believe that one of our users is,  through the use of our Site, unlawfully infringing the copyright(s) in a  work, and wish to have the allegedly infringing material removed, the  following information in the form of a written notification (pursuant to  17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a  statement that you have a good faith belief that use of the  objectionable material is not authorized by the copyright owner, its  agent, or under the law; and
a  statement that the information in the notification is accurate, and  under penalty of perjury, that you are either the owner of the copyright  that has allegedly been infringed or that you are authorized to act on  behalf of the copyright owner.
Please  note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of  material fact in a written notification automatically subjects the  complaining party to liability for any damages, costs and attorney’s  fees incurred by us in connection with the written notification and  allegation of copyright infringement.

General

These  Terms are subject to occasional revision, and if we make any  substantial changes, we may notify you by sending you an e-mail to the  last e-mail address you provided to us and/or by prominently posting  notice of the changes on our Site.  You are responsible for providing us  with your most current e-mail address.  In the event that the last  e-mail address that you have provided us is not valid our dispatch of  the e-mail containing such notice will nonetheless constitute effective  notice of the changes described in the notice.  Any changes to these  Terms will be effective upon the earliest of thirty (30) calendar days  following our dispatch of an e-mail notice to you or thirty (30)  calendar days following our posting of notice of the changes on our  Site.  These changes will be effective immediately for new users of our  Site.  Continued use of our Site following notice of such changes shall  indicate your acknowledgement of such changes and agreement to be bound  by the terms and conditions of such changes. Dispute Resolution. Please  read this Arbitration Agreement carefully. It is part of your contract  with Company and affects your rights.  It contains procedures for  MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability  of Arbitration Agreement. All claims and disputes in connection with  the Terms or the use of any product or service provided by the Company  that cannot be resolved informally or in small claims court shall be  resolved by binding arbitration on an individual basis under the terms  of this Arbitration Agreement.  Unless otherwise agreed to, all  arbitration proceedings shall be held in English.  This Arbitration  Agreement applies to you and the Company, and to any subsidiaries,  affiliates, agents, employees, predecessors in interest, successors, and  assigns, as well as all authorized or unauthorized users or  beneficiaries of services or goods provided under the Terms.

Notice  Requirement and Informal Dispute Resolution. Before either party may  seek arbitration, the party must first send to the other party a written  Notice of Dispute describing the nature and basis of the claim or  dispute, and the requested relief.  A Notice to the Company should be  sent to: Stand Up Eight, Inc., 3632 Land O Lakes Blvd, Suite 105-8, Land  O Lakes, FL 34639.  After the Notice is received, you and the Company  may attempt to resolve the claim or dispute informally.  If you and the  Company do not resolve the claim or dispute within thirty (30) days  after the Notice is received, either party may begin an arbitration  proceeding.  The amount of any settlement offer made by any party may  not be disclosed to the arbitrator until after the arbitrator has  determined the amount of the award to which either party is entitled.

Arbitration
Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that
offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at  1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional  Rules for Non-Appearance Based Arbitration. If non-appearance based  arbitration is elected, the arbitration shall be conducted by telephone,  online and/or based solely on written submissions; the specific manner  shall be chosen by the party initiating the arbitration.  The  arbitration shall not involve any personal appearance by the parties or  witnesses unless otherwise agreed by the parties.

Time  Limits. If you or the Company pursues arbitration, the arbitration  action must be initiated and/or demanded within the statute of  limitations and within any deadline imposed under the AAA Rules for the  pertinent claim.

Authority  of Arbitrator. If arbitration is initiated, the arbitrator will decide  the rights and liabilities of you and the Company, and the dispute will  not be consolidated with any other matters or joined with any other  cases or parties.  The arbitrator shall have the authority to grant  motions dispositive of all or part of any claim.  The arbitrator shall  have the authority to award monetary damages, and to grant any  non-monetary remedy or relief available to an individual under  applicable law, the AAA Rules, and the Terms.  The arbitrator shall  issue a written award and statement of decision describing the essential  findings and conclusions on which the award is based.  The arbitrator  has the same authority to award relief on an individual basis that a  judge in a court of law would have.  The award of the arbitrator is  final and binding upon you and the Company.

Waiver  of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND  STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A  JURY, instead electing that all claims and disputes shall be resolved  by arbitration under this Arbitration Agreement.  Arbitration procedures  are typically more limited, more efficient and less expensive than  rules applicable in a court and are subject to very limited review by a  court.  In the event any litigation should arise between you and the  Company in any state or federal court in a suit to vacate or enforce an  arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A  JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver  of Class or Consolidated Actions. All claims and disputes within the  scope of this arbitration agreement must be arbitrated or litigated on  an individual basis and not on a class basis, and claims of more than  one customer or user cannot be arbitrated or litigated jointly or  consolidated with those of any other customer or user.

Confidentiality.  All aspects of the arbitration proceeding shall be strictly  confidential.  The parties agree to maintain confidentiality unless  otherwise required by law.  This paragraph shall not prevent a party  from submitting to a court of law any information necessary to enforce  this Agreement, to enforce an arbitration award, or to seek injunctive  or equitable relief.

Severability.  If any part or parts of this Arbitration Agreement are found under the  law to be invalid or unenforceable by a court of competent jurisdiction,  then such specific part or parts shall be of no force and effect and  shall be severed and the remainder of the Agreement shall continue in  full force and effect.

Right  to Waive. Any or all of the rights and limitations set forth in this  Arbitration Agreement may be waived by the party against whom the claim  is asserted.  Such waiver shall not waive or affect any other portion of  this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency  Equitable Relief. Anyhow the foregoing, either party may seek emergency  equitable relief before a state or federal court in order to maintain  the status quo pending arbitration.  A request for interim measures  shall not be deemed a waiver of any other rights or obligations under  this Arbitration Agreement.

Claims  Not Subject to Arbitration. Notwithstanding the foregoing, claims of  defamation, violation of the Computer Fraud and Abuse Act, and  infringement or misappropriation of the other party’s patent, copyright,  trademark or trade secrets shall not be subject to this Arbitration  Agreement.
In  any circumstances where the foregoing Arbitration Agreement permits the  parties to litigate in court, the parties hereby agree to submit to the  personal jurisdiction of the courts located within Netherlands County,  California, for such purposes.

The  Site may be subject to U.S. export control laws and may be subject to  export or import regulations in other countries. You agree not to  export, re-export, or transfer, directly or indirectly, any U.S.  technical data acquired from Company, or any products utilizing such  data, in violation of the United States export laws or regulations.

Company  is located at the address in Section 10.8. If you are a California  resident, you may report complaints to the Complaint Assistance Unit of  the Division of Consumer Product of the California Department of  Consumer Affairs by contacting them in writing at 400 R Street,  Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic  Communications. The communications between you and Company use  electronic means, whether you use the Site or send us emails, or whether  Company posts notices on the Site or communicates with you via email.  For contractual purposes, you (a) consent to receive communications from  Company in an electronic form; and (b) agree that all terms and  conditions, agreements, notices, disclosures, and other communications  that Company provides to you electronically satisfy any legal obligation  that such communications would satisfy if it were be in a hard copy  writing.

Entire  Terms. These Terms constitute the entire agreement between you and us  regarding the use of the Site. Our failure to exercise or enforce any  right or provision of these Terms shall not operate as a waiver of such  right or provision. The section titles in these Terms are for  convenience only and have no legal or contractual effect. The word  "including" means "including without limitation". If any provision of  these Terms is held to be invalid or unenforceable, the other provisions  of these Terms will be unimpaired and the invalid or unenforceable  provision will be deemed modified so that it is valid and enforceable to  the maximum extent permitted by law.  Your relationship to Company is  that of an independent contractor, and neither party is an agent or  partner of the other.  These Terms, and your rights and obligations  herein, may not be assigned, subcontracted, delegated, or otherwise  transferred by you without Company’s prior written consent, and any  attempted assignment, subcontract, delegation, or transfer in violation  of the foregoing will be null and void.  Company may freely assign these  Terms.  The terms and conditions set forth in these Terms shall be  binding upon assignees.

Your Privacy.  Please read our Privacy Policy.

Copyright/Trademark  Information. Copyright ©2009-2022 Stand Up Eight, Inc. All rights reserved.  All trademarks, logos  and service marks displayed on the Site are our property or the property  of other third-parties. You are not permitted to use these Marks  without our prior written consent or the consent of such third party which may own the Marks.

Contact Information
​Address: 3632 Land O Lakes Blvd Suite 105-8, Land O Lakes, FL 34639
Email: nakedpineapplegetaways@gmail.com