TERMS OF USE

Revised 8-24-2021

 

It is important that you not only enjoy and learn from your experience with  and the services accessible at www.mistressharley.com and its subpages (this “Site"), but that you know your obligations and rights. These Terms of Use will govern your use of This Site.  Please read them carefully before engaging with This Site because they affect your legal rights and obligations.

 

Your Acceptance of These Terms of Use

 

If you do not agree with any of the terms below, please do not use This Site.  By using This Site you are deemed to have irrevocably agreed to these Terms of Use, including the Privacy Policy.  Please read these Terms of Use carefully before engaging with the Site because they affect your legal rights and obligations.  If you do not understand all of these Terms of Use, you should consult an attorney before agreeing to any of the Terms of Use.

This Site is owned and operated by T.I.R. Consulting LLC (or “The LLC”).  

 

The LLC may revise these Terms of Use at any time, with or without notice, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. You can determine when the Terms of Use were last revised by referring to the "Last Revised" date under the title of the Terms of Use. Changes to the Terms of Use will not be applied retroactively. You understand and agree that The LLC may discontinue or restrict your use of the Site at any time for any reason, or no reason, with or without notice.

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Mistress Harley® and Techdomme® are registered trademarks of T.I.R. Consulting LLC. Mistress Harley is not a real person, and the Site and its Services are intended for entertainment purposes only.    

 

Intellectual Property and Limited, Conditional Use License

This Site and the aforementioned names of the Sites are service marks and/or trademarks of The LLC and its owners and affiliates. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. The Site’s marks, logos, domains, and trademarks may not be used publicly except with express written permission from The LLC and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Site.  You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Site or vice versa.

The Site, Content, Services, and other materials available on or through the Site is owned, authored, created, purchased, or licensed by The LLC (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Site.

Subject to these Terms of Use and in consideration of using the Site, The LLC hereby grants you a limited, nonexclusive, nontransferable personal license to access and use the Site and the Content contained therein for personal non-commercial use only.   Users of this Site are granted a single copy license to view Content on a single computer only. All Content on the Site shall be for private non-commercial use only, and all other uses are strictly prohibited. The LLC reserves the right to limit the amount of Content viewed by Users. You agree to prevent any unauthorized copying of the Site and its Contents. Any unauthorized use of the Site or any of the Content contained therein terminates this limited license effective immediately. This license is to use and access the Site for its intended purpose only, and is not a transfer of title or any ownership rights. You represent and warrant that you will not allow any minor access to this Site.  

You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Site and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.

The Site provides embeddable features which you may incorporate into your own websites for use in accessing the Content on the Site. You may not modify, build upon or block any portion or functionality of the embeddable features in any way, including but not limited to links back to the Site.

The LLC reserves the right to terminate this or any license granted to Users at any time if you breach or violate any provision of these Terms of Use, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this Site.  Violators of this limited license as it is described in this section may be prosecuted to the fullest extent under the applicable law.

The Content and Services, including but not limited to the software, music, sound, videos and other material available on this Site, are the property of The LLC. You agree not to duplicate, download, upload, distribute, reproduce, modify, display, post, transmit, sell or otherwise exploit/share the Content, including but not limited to the materials, videos, and other intellectual property from the Site (or any third party providers).

 

You are granted a limited license to view the Content of the Site, in the privacy of your own home only, and for personal use only. This limited license terminates if you breach any of these Terms of Use.

 

Download License

If the Site allows you to download or otherwise copy Content, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to these specific terms and conditions (the "Download License"). Under this Download License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Site and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Download License and constitute copyright infringement. At the expiration of your Download License or the termination of these Terms of Service, you will delete or otherwise dispose of all copies of Works in your possession.

The LLC reserves the right to terminate this and any license granted to you at any time if you breach or violate any provision of these Terms of Use, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this Site.  Violators of this limited license as it is described in this section, may be prosecuted to the fullest extent under the applicable law.

 

Permissions And Restrictions Related to the Use of This Site

 

1. Users are prohibited from using this Site to conduct or seek information about or engage in any activity prohibited by law.  

 

1. You agree not to act in a manner that negatively affects other Users’ ability to use the Site, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing in any manner, including but not limited to derogatory comments related to sex, sexual orientation, gender identity, race, ethnicity, class or physical or mental  ability, stalking, invasive of another’s privacy, or that is otherwise objectionable;

 

1. Your use of the Site and its Services shall serve as your acknowledgement of receipt, and your consent to the Site’s Privacy Policy.

 

1. You agree not to interfere with the Site’s functionality.

 

1. 1. You agree not to use communication tools to send unsolicited advertising, promotions or spam; to harass or abuse other users; to contact users after explicit requests to not do so; or to interfere with transactions or business of another user.  

   2. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses This Site in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, for purposes that include but are not limited creating user accounts r to otherwise Interfere with or disrupt the Content or Services or servers or networks connected to the Content and/or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

   3. You agree not to upload, post, or otherwise transmit links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of This Site.  

   4. You agree not to circumvent, disable or otherwise interfere with security-related features of This Site, including features that prevent or restrict use or copying of content or enforce limitations on use of This Site or the Content therein.

 

1. You agree not to collect or harvest any personally identifiable information from This Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.

 

1. You agree not to solicit, for commercial purposes, any users of This Site with respect to their Content, and agree not to send, create or reply to “mailbombs” (emailing copies of a single message to many users) or engage in “spamming” (unsolicited emailing for business or other purposes).

 

1. You agree that you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site or its Contents. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Site, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it.

 

1. You Agree not to complete orders or transactions outside the Site’s purchasing/ordering system. This is considered fee avoidance and may result in the suspension or termination of your account. All orders on the Site must be placed through the Site’s purchasing/ordering system.

 

User Submitted Content

 

The term "Content" as used herein shall be inclusive of but not limited to graphics, text, photographs, drawing, music, code, design, ideas, etc.  

 

1. To the extent that you voluntarily submit Content to The LLC, You agree that you are doing so pursuant to an irrevocable grant of ownership rights, for any purpose, including the purpose of publication by The LLC.  You further agree that:

   1. The LLC retains total discretion as to if and/or when and/or how that material and Content is published;

   2. You waive any confidentiality you may have with respect to the Content;

   3. You waive any and all ownership rights to that content all patent, trademark, trade secret, copyright or other proprietary rights in and to any Content you submit to The LLC pursuant to these Terms of Use.  

   4. This provision shall remain in effect whether or not The LLC publishes that content in any medium.

 

1. You shall be solely responsible for any Content that you submit to The LLC, and you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any Content that you submit.  

 

1. If for any reason, the irrevocable transfer of any and all rights to the Content that you submit to The LLC is determined to be less than a full transfer of rights, you agree that in the alternative to a full transfer, that:

   1. You have granted The LLC a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable worldwide license to use, reproduce, distribute, prepare derivative works of, display, and perform the content you have submitted in any media formats and through any media channels, and

   2. You have granted each user of This Site a non-exclusive license to access the content and to use and share such content as permitted through the functionality of This Site under these Terms of Use.  

   3. The above license(s) granted by any user as to the Content submitted to the LLC and this Site, are perpetual and irrevocable.

 

1. As an individual who provides Content for This Site you further agree that (i) any Content submitted to The LLC will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant The LLC all of the rights granted herein; and (ii) you will not submit to  The LLC any content or other material that is contrary to applicable local, national, and international laws and regulations.

 

1. The LLC does not permit copyright infringing activities and infringement of intellectual property rights on This Site and will remove all Content if properly notified that such Content infringes on another's intellectual property rights.

 

Digital Millennium Copyright Act

 

If you are a copyright owner or an agent thereof and believe that any content contained in this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

(iii) 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 the service provider to locate the material;

 

(iv) Information reasonably sufficient to permit the service provider to contact you, such as a mailing address, telephone number, and, if available, an electronic mail address;

 

(v) A statement that you have 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

 

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

(vii) The LLC designated Copyright Agent to receive notifications of claimed infringement is

 

Alex Austin

1161 Mission Street Suite 508

San Francisco CA 94103

Austin@austinlawgroup.com

 

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service through findomharley@gmail.com.

 

(viii) You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

 

Third Party Websites

 

This Site may provide link(s) or link you to other sites on the Internet. The LLC has no control over those sites and is not responsible for the accuracy, legality, decency, or any other aspect of the content of such sites. Including a link does not imply endorsement of any site by The LLC. Further, The LLC disclaims any warranty for products or services offered on such linked sites, nor does The LLC guarantee the security of your private information on such sites. You waive any claim against The LLC with respect to such sites. Please use your sound judgment when proceeding to a third party site.

 

Permitted Users And Ability To Accept Terms

 

This Site is not intended for individuals under 18 years of age. If you are under 18 years of age, you agree not to use This Site or accessing any services.  If you view such materials on this website, you affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

 

Disclaimer

You use the Site at your sole risk. We provide the Site "as is" and "as available". To the fullest extent permitted by law, the Site, its Site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to the site and goods or services purchased and obtained through the Site, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the Site.

We make no warranty or representation about the accuracy or completeness of this Site’s Content or the content of any sites linked to this Site or that the Site will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site or our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the site or our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site or our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site or our services. The Site does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or our Services or any hyperlinked services or featured in any banner or other advertising, and, the Site will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

No information obtained by You from The LLC or through the Site shall create any warranty not expressly stated in these Terms of Use.

Limitation Of Liability

 

1. IN NO EVENT SHALL T.I.R.CONSULTING LLC, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE'S SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

1. YOU SPECIFICALLY ACKNOWLEDGE THAT T.I.R.CONSULTING LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

1. THE SERVICE IS CONTROLLED AND OFFERED BY T.I.R.CONSULTING LLC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. T.I.R.CONSULTING LLC MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

You understand that when using This Site, you will be exposed to information, and that The LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that you may find or that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The LLC with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless The LLC, and all related owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of This Site.

 

Indemnity

 

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless  T.I.R. Consulting LLC, its members, agents, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to This Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content of This Site caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of This Site.

 

Modifications and Interruption to Service

The LLC reserves the right to modify or discontinue the Site with or without notice to users and shall not be liable to user or third party should The LLC exercise its right to modify or discontinue the Site or any part of the Service.  You accept that The LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

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Payments and Tributes

All Payments submitted on MistressHarley.com are considered GIFTS. The refund policy of TIR Consulting is that payments are non-refundable and are not bound to any specific product or service. Payments do not entitle the user to any time, consideration, services, sessions, or response. By using MistressHarley.com the user agrees to these terms of payment. 

 

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by The LLC, in our sole discretion, to a third party in the event of a merger or acquisition. The Terms of Use, our Privacy Policy, our Copyright Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.  These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

 

Assignment

 

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The LLC without restriction.

 

Jurisdiction and Dispute Resolution

 

You agree that: (i) The LLC shall be deemed solely based in California; and (ii) This Site shall be deemed a passive website that does not give rise to personal jurisdiction over The LLC, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.

 

You agree that any dispute of any kind between you and T.I.R.Consulting LLC, or any member thereof, arising (i) under these Terms of Use, (ii) in any way related to the Site, or (iii) in any way related to the services provided to You through this Site or any affiliate Sites of T.I.R.Consulting LLC including MistressHarley.com, LoserHallofShame.com, TechdommeHipHop.com etc. Thereunder, shall be resolved either in San Francisco Superior Court (California), or the Northern District of California.

 

Arbitration

 

All disputes arising out of this agreement shall be submitted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If such services are not available, the dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.  Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

 

 

 

Please forward any comments about This Site to techdomme@gmail.com