Terms of Service
Majordomo Media Terms of Service
Last Updated: February 16, 2024ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. BELOW, WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.
- INTRODUCTION
You are entering into a binding agreement. By using our Services, including by purchasing Products at the Shop, you are entering into a binding agreement with Company that includes: (a) these terms and conditions (“Terms”); (b) our Privacy Policy, which governs our collection and use of personal information; (c) any other terms, conditions, or policies linked to in these documents; and (d) all other rules, policies, and procedures relating to the Services that we may publish from time to time. Therefore, please carefully review these documents. If you do not agree with the terms of these documents, you may not use our Services. If there is a conflict between these Terms and any other the terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.
We are not responsible for linked sites. The Website may contain links to third-party websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. You accept sole responsibility for and assume all risks arising from your use of any such websites or resources. Further, we are not responsible for the privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites.
You have authority to bind your company. If you accept 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.
- ACCEPTABLE USE
You have a limited right to use Content. Company may make Content available through the Services, including text, graphics, logos, designs, audio, video, and other materials, some of which is owned by Company, and some of which is made owned by third parties. Company authorizes you to access and view Content solely for your personal use in connection with your authorized use of the Services and, if you are a user, in connection with exercising the rights granted to users under these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in these Terms.
You will follow these rules. You must only use our Services in accordance with these Terms and all applicable laws and regulations, and you must not use our Services in any way that infringes upon the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Services. Without limiting the foregoing, in using our Services, you further agree that you will NOT:
- Use, reproduce, copy, modify, adapt, prepare derivative works based upon, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer: (i) any portion of the Services, Content, or other content made available through the Services without the owner’s express written permission; or (ii) any Company copyrights or trademarks;
- Frame, mirror, deep link to, or otherwise simulate the appearance or function of the Services or Content, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- Decompile, disassemble, or otherwise reverse engineer the Services, Content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services;
- Disrupt or interfere with the Services, any other user’s enjoyment of the Services, or the Website or affiliated or linked websites;
- Remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or Content;
- Stalk, harass, or harm another person via use of the Services, including, without limitation, Company personnel;
- Impersonate any person or entity, including, but not limited to, our employees, representatives, or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent;
- Upload, post, email, transmit, or otherwise make available through the Services any viruses or other harmful, disruptive, or destructive files or unsolicited or unauthorized advertising, marketing, or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
- Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them;
- Bypass any measures we may use to prevent or restrict access to the Services; or
- Encourage or enable another user or individual to do any of the foregoing prohibited activities
shopsupport@majordomomedia.com
Company will respond to all such notices in accordance with the DMCA.
Company may enforce any violations. Company may investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Company has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
You may choose to give us feedback or suggest improvements. In the event you choose to contact us and provide any feedback, comments, and/or suggestions for improvements to, or errors and issues on, the Website, Products, Shop, or other Services (“Feedback”), you acknowledge and agree that your contribution of Feedback does not grant you any right, title, or interest in the Website, Products, Shop, Services, or in any such Feedback you have provided, nor does such Feedback entitle you to any compensation whatsoever. Wherever necessary, you hereby assign to Company any and all right, title, and interest (including without limitation, any patent, copyright, trademark, know-how, moral rights and any other intellectual property rights) that you may have in and to any and all Feedback.
III. SHOP TERMS AND CONDITIONS
Introduction. The Shop lists and makes available for purchase Products that are designed, manufactured, packaged, and shipped by various third-party Vendors with whom we have a business relationship. We selected these Products because we believe they may be of interest to our community. We may receive a commission on Products purchased through our Shop. Although you may purchase the Products through our Shop, you understand and acknowledge that the Products are sourced from, and shipped by, third-party Vendors, which we do not control. At no point do we have title, possession or custody of any Products. These Terms reflect this arrangement.
You may order Products in accordance with our Terms. You may use the Shop to order Products only in accordance with our Terms. All Products are subject to the availability of the Vendor. Generally, use of the Shop is limited to orders for your personal use. If you are interested in buying large quantities of Products, please contact us at shopsupport@majordomomedia.com. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed your order.
ALL SALES ARE FINAL. We do not offer or accept refunds, returns, or exchanges of any Products sold through the Shop at this time. Please carefully review your order before completing your purchase. That said, if you receive a defective or damaged Product, or are otherwise unhappy with your purchase, you may contact our customer service team at shopsupport@majordomomedia.com.
You may protect your shipment for a fee. At checkout, you may have the option to purchase package protection through a third party, Route, for loss, theft, and damage in transit. Route’s separate terms and conditions apply.
Placing an order does not necessarily mean acceptance of an order. By placing an order on the Shop, you are making an offer to Company. Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We reserve the right to not accept the offer or to refuse any order in our sole discretion including, without limitation, if there has been a material error in the description of the product or if the price advertised is incorrect. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order. We reserve the right to correct any errors with an order, or to cancel an order and refund any amount charged.
Shipping costs and taxes are shown at checkout. Products are available to be delivered only in the contiguous 48 states of the United States of America. Applicable sales taxes and shipping and handling charges will be shown during the checkout process prior to finalizing your order. Shipping and handling charges are calculated by the Vendor sending your order.
We do not guarantee shipping and delivery dates. We do not and cannot guarantee shipping or delivery dates, including because Products are packaged and shipped by third-party Vendors that are outside of our control.
Descriptions may not be accurate. We do not warrant that any Product descriptions, images, photographs, pricing, or other information on the Services, including weight and size descriptions, are accurate, complete, current, or error-free, including because this information typically is provided by third-party Vendors, not us. Order at your own risk.
Payment Vendors. The Services may allow you to use one or more third-party payment processors (“Payment Vendors”) to pay for Products and store your payment information for subsequent purchases. Your use of any such Payment Vendors is subject to their separate terms, conditions, and/or privacy policies. Company shall have not be liable for any payment or other issues that arise in connection with or resulting from your use or interaction with any Payment Vendor. You are solely responsible for safeguarding your password and other credentials related to any account with any Payment Vendor or other third party.
You represent that you have the right to use your method of payment. If you wish to make a purchase via the Shop, you may be asked to supply certain information relevant to your purchase including, without limitation, a credit card number, expiration date, billing address, and shipping information, or you may have the option to use payment information stored by a Payment Vendor. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS YOU USE FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.
- WARRANTY DISCLAIMER
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE WEBSITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.
- LIMITATION OF LIABILITY
In no event will Company’s aggregate liability arising out of or in connection with these Terms or from the use or purchase of, or inability to use or purchase, the Services, Products, or Content, exceed the total payments, if any, that you made to Company for the Services, Products, or Content that are the subject of a claim.
The limitations of liability and damages set forth above are fundamental elements of the basis of the bargain between Company and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- RESOLUTION OF DISPUTES
- Governing Law and Venue
- Informal Resolution Process
- Agreement to Arbitrate
JAMS or ICDR rules apply. All Disputes between the parties arising hereunder shall be resolved by arbitration conducted by JAMS in Los Angeles, California before a single retired judge or professional arbitrator with relevant subject-matter experience in accordance with the then-current JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall allow for the discovery or exchange of non-privileged information relevant to the Dispute. Any arbitral award shall consist of a written statement stating the disposition of each claim or Dispute and provide a concise written statement of the essential findings and conclusions on which the award is based. Judgment upon any arbitral award may be entered in any court of competent jurisdiction. The arbitration hearing shall be within ninety (90) days, which time period can be modified by the tribunal in its discretion or at the request of any party. The tribunal is under no obligation to modify this time period. Notwithstanding anything to the contrary, (i) if traveling to Los Angeles is a burden, you may participate in the arbitration by videoconference, phone, and/or document submission to the fullest extent allowable by the arbitrator; (ii) we agree, upon your request, to resolve any Dispute in accordance with these Terms through an in-person arbitration hearing in your hometown area rather than Los Angeles, California, provided that we may participate in the arbitration by videoconference, phone, and/or document submission to the fullest extent allowable by the arbitrator; (iii) if you are outside of the United States, the arbitration will be conducted by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures; and (iv) any remedies that would otherwise be available to you under applicable federal, state, or local laws shall remain available under this arbitration clause.
The arbitration will be decided by a sole arbitrator. In all cases, there shall be one (1) arbitrator, who will be agreed to by the parties within thirty (30) days of receipt by respondent of a copy of the demand for arbitration. If no single arbitrator can be agreed upon by the parties, the arbitrator shall be selected in accordance with the rules of JAMS. The arbitrator’s decision in any such arbitration shall be final and binding upon the parties, and the arbitrator shall be empowered to order specific performance and injunctive relief.
The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including the [JAMS Arbitration Schedule of Fees and Costs](https://www.jamsadr.com/arbitration-fees#:~:text=For matters involving consumers%2C the,only required to pay %24400.) and rules regarding frivolous or improper claims. For the sake of clarity, if you initiate an arbitration against us, you are only required to pay a fee of $250, which is approximately equivalent to current court filing fees. All other costs shall be borne by us, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. In the event that we initiate an arbitration against you, we will pay all costs associated with the arbitration. Except as expressly provided herein, the location of the arbitration shall be Los Angeles, California, but the arbitration may be conducted virtually. Judgment thereon may be entered in any court of competent jurisdiction.
Arbitration proceedings are confidential. Except as may be required by law, the parties shall preserve the confidentiality of all aspects of the arbitration, and shall not disclose to a third party (other than disclosure to the affiliates of a party on a need-to-know basis and such affiliates are informed of the confidential nature of such information and are instructed to keep such information confidential), any or all information made known and documents produced in the arbitration not otherwise in the public domain, all evidence and materials created for the purpose of the arbitration, and all awards arising from the arbitration, except, and to the extent that disclosure is required by law or regulation, is required to protect or pursue a legal right or is required to enforce or challenge an award in legal proceedings before a court or other competent judicial authority.
Small claims court is an acceptable alternative. Instead of commencing an arbitration, you or we may also bring claims in your local “small claims” court if the rules applicable to that court allow it. Otherwise, the Dispute must be resolved by binding, individual arbitration.
You have the right to opt out of arbitration. You have a right to opt out of this agreement to arbitrate by mailing a letter, postage prepaid, to Company, 767 S Alameda St, Suite 410, Los Angeles California 90021, United States, Attention: Majordomo Media Customer Service. Such opt out must include your first and last name and a clear statement of your intent to opt-out of this Agreement to Arbitrate, and must be given within the earlier of thirty (30) days of your first use of the Services or purchase of Products on the Shop or, if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
You waive the right to bring a class action. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
You and we expressly waive the right to a trial by judge or jury. YOU AND WE AGREE AND UNDERSTAND THAT, BY USING ARBITRATION TO RESOLVE DISPUTES, YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.
Limitation of Actions. You understand and agree that, regardless of any statute or law to the contrary, any Dispute or other claim against us must be filed within one (1) year after such Dispute or claim arose, or will be forever barred.
VII. ADDITIONAL TERMS & CONDITIONS
You agree to indemnify us. You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your (a) use of the Services, including without limitation, your purchase of any Products; (b) breach of these Terms or any of our policies; or (c) violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.
Sweepstakes and Contests. Company may operate sweepstakes, contests and similar promotions through the Services (collectively, “Promotions”). You should carefully review the rules provided in connection with each Promotion in which you participate through the Services (“Official Rules”), as they may contain additional important information about Company’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
Company’s Intellectual Property. The Services, including the Content, are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Company and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Company Content.
The content, statements, and other material made available on or through the Website relating to any Products are not intended to diagnose, treat, cure, or prevent any medical condition or disease, and are not in any way intended as medical advice or as a substitute for medical treatment. If you have a medical condition that may be affected by your use of any Services or Products offered on the Site, you should consult with your physician or other healthcare professional before using any such Service or Product. If you have or suspect that you have a medical condition, promptly contact your healthcare provider. Never delay seeking or disregard professional medical advice because of something you have read on the Website.
Notice for California Users. Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to New Jersey Users. The sections on indemnification and limitation of liability do not apply to New Jersey residents.
Users from Other Jurisdictions. The Services are controlled and operated by Company from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding the Services.
We may modify these Terms. We reserve the right, at our sole discretion, to modify these Terms (including any terms incorporated herein by reference), at any time. By continuing to use the Services after we have modified these Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only option is to cease using the Services. We encourage you to check back regularly to review these Terms.
We may modify the Services. We reserve the right to monitor, modify, or discontinue the Services, and to block, modify, publicly comment on, or delete any content or information submitted to the Services by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain, or correct any content or information on the Services.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Company via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted unless the sending party is notified that the email address is invalid. Alternatively, if applicable, we may give you legal notice by mail to any address provided during the checkout process, including to any Payment Vendor. In that case, notice will be deemed given three (3) days after the date of mailing.
No Waiver. The failure of Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Force Majeure. We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (iii) quarantines or embargoes, (iv) labor strikes, or (v) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.
Contacting Company. If you have questions about the Shop, Services, Products, or these Terms, please contact us at shopsupport@majordomomedia.com.