DOMIO'S STANDARD TERMS AND CONDITIONS BELOW APPLY TO ALL GUEST STAYS.
Welcome to www.staydomio.com (the "Site").
You must be 18 years or older and be able to enter into legally binding contracts to access and use the Site and Services. The Site and Services are intended solely for persons who are 18 years old or older. Any access to or use of the Site and/or Services by anyone under 18 years old is expressly prohibited. By accessing or using the Site and/or Services, you represent and warrant that you are 18 years or older, and indicate that you have read, understand, and agree to these Terms, whether or not you have registered with the Site or confirmed a Reservation. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
You acknowledge that Our Site contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively, "Content") that are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Domio, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. § 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without first obtaining Our written permission.
3. WARRANTY DISCLAIMERS
You expressly understand and agree that your use of Our Site and Services is at your sole risk. The Site and Services is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that: (i) the Site and/or Services will meet your requirements; (ii) the Site and/or Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site or Services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through Our Site and/or Services will meet your expectations; and (v) any errors contained on the Site and/or Services will be corrected. Any material downloaded or otherwise obtained through the use of the Site and/or Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Us or through or from Our Site and/or Services shall create any warranty not expressly stated in these Terms.
8. LIMITATIONS OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of Our Site and Services, including your booking and staying at any Accommodation, or any other interaction you have with Domio, remains with you. Neither Domio nor its affiliates or subsidiaries, nor any of its officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, partners, consultants, or representatives (collectively, "Providers"), will be liable for any damages of any kind arising from your use of the Site, Services, and/or booking of and staying at an Accommodation, including, but not limited to, direct, indirect, incidental, punitive, treble, special, exemplary, and consequential damages. Domio and its Providers are not liable for your reliance on any information obtained from the Site or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure to perform, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Domio’s records, programs, and/or Services. No oral advice or written information given by Domio, its Providers, or the like shall create a warranty, nor shall you rely on such information or advice. You hereby acknowledge that this paragraph shall apply to all Content, merchandise, Services, and Accommodations available through Our Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
9. INTELLECTUAL PROPERTY-RELATED COMPLAINTS
As a company that holds various intellectual property rights, Domio mutually respects the rights of other intellectual property owners. We do not use or operate the Site for the purpose of infringing the rights of third parties; We encourage you to report any content on Our Site that you believe infringes on your intellectual property rights. Only the owner of intellectual property rights, or person authorized to act on behalf of the right-owner, can report potentially infringing content. If you have a good-faith belief that Content on Our Site infringes on your copyright, trademark, service mark, or other intellectual property rights, please follow the procedures set forth below.
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
(d) information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any Content on the Site contains content that violates your rights other than copyright, please provide Us with the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Us to locate the materials;
(c) an explanation of what rights you own and why you believe the Content infringes on your rights sufficient for Us to evaluate your complaint; and
(d) accurate contact information for you.
Please send your notice and complaint regarding alleged intellectual property infringement contained on Our Site to:
10. LINKS TO THIRD-PARTIES
This Site may contain links to third-party websites or resources. You acknowledge and agree that Domio is not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, services, or functionality on or available from such websites or resources; or (iii) the privacy practices of those websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, products, or services on or available from such websites or resources.
You acknowledge and agree that Domio, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to all or part of this Site, and remove and discard any information or Content or any of the site, for any reason. You further agree that Domio shall not be liable to you or to any other person as a result of any such suspension or termination.
16. MODIFICATION TO TERMS
We reserve the right to modify these Terms at any time in accordance with this provision. If We make changes to these Terms, We will post the revised Terms on the Website at http://www.staydomio.com/terms/ and update the "Last Updated" date at the top of this page. Your continued use of the Site and/or Services will constitute your acceptance of the revised Terms.
17. ENTIRE AGREEMENT
These Terms, including all terms, conditions, and policies that are incorporated into these Terms by reference, constitute the entire agreement between you and Domio, and supersede any prior agreements that you may have with Domio. To the maximum extent legally possible, the invalidity or unenforceability of any provision of these Terms will not affect any of the other provisions hereof.
18. FEEDBACK, QUESTIONS, OR ADDITIONAL INFORMATION
If you have any questions about these Terms; want to contact Domio to provide Feedback (as defined below) on these Terms, the Site, and/or Services; or require additional information regarding the Terms, Site, and/or Services, please contact Us by mail or email at the following:
By submitting any Feedback, including, but not limited to, comments, suggestions, and ideas (collectively, "Feedback"), to Us, you hereby acknowledge and agree that you automatically and irrevocably grant to Domio an unrestricted, unconditional, unlimited, worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use your Feedback, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill, and any other intellectual property or proprietary rights whatsoever contained in your Feedback. You further agree that, to the fullest extent permissible under applicable law, Domio and its subsidiaries, Providers, and affiliated companies, and their respective officers, directors, employees, agents, suppliers, and other representatives, will have unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, archive, post, translate, reproduce, distribute (through multiple tiers), publish, transmit, broadcast, display (whether publicly, digitally, or otherwise), disclose, adapt, create derivative works based upon, perform (whether publicly, digitally, or otherwise), develop, manufacture, and use for advertising, marketing, publicity, and promotional purposes, any of your Feedback or portions of same, in any form, media software, or technology of any kind now known or developed in the future for any purposes whatsoever, including, but not limited to, developing, manufacturing, and marketing Domio, the Site, and/or the Services.