Welcome to SouthBeachBuro.com. SouthBeachBuro,LLC and/or its affiliates ("SouthBeachBuro,LLC ") provide website features and other products and services to you when you visit or shop at SouthBeachBuro .com, use SouthBeachBuro,LLC products or services, use DomingoTony applications for mobile, or use software provided by DomingoTony in connection with any of the foregoing (collectively, "DomingoTony Services"). DomingoTony provides the DomingoTony Services subject to the following conditions. By using DomingoTony Services, you agree to these conditions. Please read them carefully. We offer a wide range of DomingoTony Services, and sometimes additional terms may apply. When you use an DomingoTony Service (for example, Your Profile, Gift Cards, Your Media Library, or DomingoTony applications) you also will be subject to the guidelines, terms and agreements applicable to that DomingoTony Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. PRIVACY Please review our Privacy Notice, which also governs your use of DomingoTony Services, to understand our practices. ELECTRONIC COMMUNICATIONS When you use DomingoTony Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other DomingoTony Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included in or made available through any DomingoTony Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of DomingoTony or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any DomingoTony Service is the exclusive property of DomingoTony and protected by U.S. and international copyright laws. TRADEMARKS In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any DomingoTony Service are trademarks or trade dress of DomingoTony and the U.S. and other countries. DomingoTony trademarks and trade dress may not be used in connection with any product or service that is not DomingoTony, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Domingo Tony. All other trademarks not owned by DomingoTony that appear in any DomingoTony Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DomingoTony. PATENTS One or more patents owned by DomingoTony apply to the DomingoTony Services and to the features and services accessible via the DomingoTony Services. Portions of the DomingoTony Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable DomingoTony patents and applicable licensed patents. LICENSE AND ACCESS Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, DomingoTony or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the DomingoTony Services. This license does not include any resale or commercial use of any DomingoTony Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any DomingoTony Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by DomingoTony or its licensors, suppliers, publishers, rightsholders, or other content providers. No DomingoTony Service, nor any part of any DomingoTony Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Domingo Tony. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DomingoTony without express written consent. You may not use any meta tags or any other "hidden text" utilizing DomingoTony name or trademarks without the express written consent of Domingo Tony. You may not misuse the DomingoTony Services. You may use the DomingoTony Services only as permitted by law. The licenses granted by DomingoTony terminate if you do not comply with these Conditions of Use or any Service Terms. YOUR ACCOUNT You may need your own DomingoTony account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. DomingoTony does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the DomingoTony Services only with involvement of a parent or guardian. DomingoTony reserves the right to refuse service, terminate accounts, terminate your rights to use DomingoTony Services, remove or edit content, or cancel orders in its sole discretion. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Amazon reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant DomingoTony a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DomingoTony and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DomingoTony for all claims resulting from content you supply. DomingoTony has the right but not the obligation to monitor and edit or remove any activity or content. DomingoTony takes no responsibility and assumes no liability for any content posted by you or any third party. COPYRIGHT COMPLAINTS DomingoTony respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement RISK OF LOSS All purchases of physical items from DomingoTony are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. RETURNS, REFUNDS AND TITLE DomingoTony does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, DomingoTony does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center. PRODUCT DESCRIPTIONS DomingoTony attempts to be as accurate as possible. However, DomingoTony does not warrant that product descriptions or other content of any DomingoTony Service is accurate, complete, reliable, current, or error-free. If a product offered by DomingoTony itself is not as described, your sole remedy is to return it in unused condition. SALES TERM 1. Payment before shipment 2. Cash on Delivery 3. Credit terms of 24 to 72 hours PRICING "List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on DomingoTony and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on DomingoTony. With respect to items sold byDomingoTony, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by DomingoTony is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you. APP PERMISSIONS When you use apps created by DomingoTony you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. SANCTIONS AND EXPORT POLICY You may not use any DomingoTony Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using DomingoTony Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including DomingoTony Software), technology, and services. OTHER BUSINESSES Parties other than DomingoTony operate stores, provide services or software, or sell product lines through the DomingoTony Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). DomingoTony does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE DOMINGOTONY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DOMINGOTONY SERVICES ARE PROVIDED BY DOMINGOTONY AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DOMINGOTONY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DOMINGOTONY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DOMINGOTONY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DOMINGOTONY SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, DOMINGOTONY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOMINGOTONY DOES NOT WARRANT THAT THE DOMINGOTONY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DOMINGOTONY SERVICES, DOMINGOTONY SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DOMINGOTONY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DOMINGOTONY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DOMINGOTONY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DOMINGOTONY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. DISPUTES Any dispute or claim relating in any way to your use of any DomingoTony Service, or to any products or services sold or distributed by DomingoTony or through DomingoTony.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, DomingoTony will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. APPLICABLE LAW By using any DomingoTony Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DomingoTony. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of DomingoTony Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. OUR ADDRESS DomingoTony, LLC 2575 S. US Hwy 17-92 Casselberry, FL 32707 http://domingotony.com ADDITIONAL DOMINGOTONY SOFTWARE TERMS The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with DomingoTony Services (the "DomingoTony Software"). Use of the DomingoTony Software. You may use DomingoTony Software solely for purposes of enabling you to use the DomingoTony Services as provided by DomingoTony, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the DomingoTony Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the DomingoTony Software in whole or in part. All software used in any DomingoTony Service is the property of DomingoTony or its software suppliers and is protected by United States and international copyright laws. Use of Third Party Services. When you use the DomingoTony Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the DomingoTony Software, whether in whole or in part. Updates. We may offer automatic or manual updates to the DomingoTony Software at any time and without notice to you. Government End Users. If you are a U.S. Government end user, we are licensing the Amazon Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the DomingoTony Software are the same as the rights we grant to all others under these Conditions of Use. Conflicts. In the event of any conflict between these Conditions of Use and any other DomingoTony or third-party terms applicable to any portion of DomingoTony Software, such as open-source license terms, such other terms will control as to that portion of the DomingoTony Software and to the extent of the conflict. How to Serve a Subpoena If you have a subpoena to serve on DomingoTony, please note that DomingoTony does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on DomingoTony.com, preferably by mailing the subpoena to Corporation Service Company (CSC), DomingoTony national registered agent. Please find below the Washington address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website): DomingoTony, LLC 515 North Flager Drive, Suite P-300 Palm Beach, Florida 33401 Attn: Legal Department – Subpoena Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for DomingoTony devices; and IP address and complete time stamps. Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement. If you prefer to submit a report in writing, please provide us with this information: A physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. DomingoTony Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent DomingoTony Legal Department 515 North Flager Drive, Suite P-300 Palm Beach, Florida 33401 e-mail: copyright@domingotony.com Courier address: Copyright Agent DomingoTony.com Legal Department 515 North Flager Drive, Suite P-300 Palm Beach, Florida 33401 USA Please note that this procedure is exclusively for notifying DomingoTony that your copyrighted material has been infringed. Terms & Conditions Each item in your order is sold by DomingoTony Export Sales LLC ("DomingoTony Export") or the merchant that the item is specified as sold by ("Merchant"). Those items for shipment to countries outside of the U.S. may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees. With respect to each item for which Import Fees have been calculated, you authorize DomingoTony Export or Merchant (as applicable) to designate a carrier ("Designated Carrier") to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item. "Import Fees Deposit" represents an estimate of the Import Fees that will be levied on the items in your order for shipment to countries outside of the U.S. By placing your order, you agree to allow DomingoTony Export and/or Merchant (as applicable) to collect the Import Fees Deposit for the applicable items in your order. This deposit will be used, on your behalf, to reimburse the Designated Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country. You further agree that the Designated Carriers may disclose to DomingoTony Export or Merchant (as applicable) the amount of actual Import Fees levied on the item you have purchased from DomingoTony Export and/or Merchant ("Actual Import Fees"). In the event that the Import Fees Deposit exceeds the Actual Import Fees, DomingoTony Export or Merchant (as applicable) will refund the difference to you. In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order. To obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation. These terms and conditions are in addition to the standard Conditions of Use of the DomingoTony website. Pursuant to those terms, title and risk of loss for the items transfer to the recipient upon delivery to the common carrier in the United States. Please note that Merchants participating in the International Direct program may have policies that differ from DomingoTony Export's terms and conditions. For items you have purchased from a Merchant, please see the applicable Merchant's policies for any other terms and conditions that may apply to your purchase of such items. Limitations For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from DomingoTony.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Privacy Your privacy is important to us, and we know that you care about how information about your order is used and shared. We would like our international customers and customers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs and/or postal authorities. Also, we may provide certain order, shipment, and product information, such as titles, to our international carriers, and such information may be communicated by the carriers to customs and/or postal authorities in order to facilitate customs clearance and comply with local laws. If the order is a gift, the package is marked "Gift," but the cost of the item is still stated on the customs form. Customs authorities require the value of the gift item to be stated directly on the package.
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