Terms and Conditions

Terms and Conditions

Luciano Brothers LLC. is the proprietor of Dominicanmagic.com (hereinafter "Dominican Magic Online") and provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy, and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

1. Collection an Use of Private Data

Please review the Luciano Brothers LLC. Privacy Policy so that you may understand our privacy practices.

2. Personal / Non-commercial Use Only

Unless otherwise described on any portion of the site, such as areas specifically designed for affiliates, distributors, and other business partners, the products and services available on the Site, and any samples thereof we may provide are for personal and non-commercial use only. You may not sell or resell any of the products or services, or samples thereof you purchase or otherwise receive from us unless you’ve received prior Authorization from Luciano Brothers LLC. reserves the right to withhold the providing of services or products, with or without notice, as well as to cancel or reduce the quantity of any order to be filled or change the products or services to be provided to you when it believes believe, in Luciano Brothers LLC. sole discretion that providing such services may cause or result in a violation of Luciano Brothers LLC. Terms and Conditions.

3. Shipping and Return Policies

All orders are processed and shipped within 24-48 hours. Luciano Brothers LLC. has a no return policy.

4. Depictions and Descriptions of Products and Services

Depictions of the products on this site are for illustrative purposes only. Luciano Brothers LLC. takes stringent effort to ensure the accuracy of the description of the products contained in the Site, however, to the extent permitted by applicable law, Luciano Brothers LLC. does not warrant that the products described and the information concerning their attributes are wholly accurate, reliable, current, or error-free.

5. Trademarks, Copyrights, and Other Intellectual Property

All information including all Trademarks, Servicemarks, Trade Dress, written descriptions, visual depictions, and other content contained on dominicanmagic.com, such as logos, colors, fonts, placements, audio clips, data compilations, software, text, graphics, icons, images, and the entire collective organization of the aforementioned items that make up the website Dominicanmagic.com are the exclusive property of Luciano Brothers LLC. and its affiliates, partners or licensors; these items are protected by United States and international laws, including laws governing copyrights and trademarks. Commercial use of the site is prohibited without prior written consent, use of the site by you may create a Limited License as detailed in Section 6 below.

6. Non-Exclusive Limited Licenses

By using the site Luciano Brothers LLC. grants you a revocable, limited, and non-exclusive license. This license allows you to access, browse, and otherwise make personal use of the Site. Personal Use of the Dominicanmagic.com website specifically excludes the following:

(a) Frame the Site or place any portion thereof within another site or on any domain other than dominicanmagic.com.

(b) Reproduce, republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site);

(c) Make any commercial or business use of the Site or its Content;

(d) Create any derivative works based upon either the Site or any and/or all Content;

(e) Modify, reverse engineer the site or any portions thereof.

(e) Collect account information of anyone other than yourself;

(f) Metatag any content or use any meta tags or use any other "hidden text" utilizing any and/or all of the dominicanmagic.com Content; or

(g) use any automated program such as crawlers, spiders, software robots, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on dominicanmagic.com infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. Also granted hereunder is a limited, non-exclusive, revocable license to create a hyperlinks solely to the homepage of the Site for personal, non-commercial use only. This license is revocable if any attempt to claim an affiliation, endorsement, or in any way misrepresents a relationship with Luciano Brothers LLC. This limited license is revocable if the hyperlink is placed on a site containing any items including images, sound, text, or video that could be construed as offensive, obscene, distasteful, inappropriate or illegal for any age group. Use of hyperlinks to the dominicanmagic.com website may not portray Luciano Brothers LLC. or any of its properties, products, or services, in a manner which may have a negative impact on its image, this includes but is not limited to any derogatory comments, false statements, misleading portrayals, incorrect association or affiliation of Luciano Brothers LLC. with any other product or product lines, offensive comments, or any other objectionable item. In Luciano Brothers LLC. sole discretion you may be requested to remove any link to the Site, and upon receipt of such request, you shall immediately remove the link as well as disclose any other usage or reference to the Luciano Brothers LLC. brands, products, or properties wherever maintained and cease any further use unless expressly authorized in writing by an authorized member of Luciano Brothers LLC..

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 and you hereby agree not to contest the entry of an injunction by a court of competent jurisdiction to be entered against you for non-compliance with the limited license created herein. Should it be determined that commercial use of the site was also involved in your unauthorized use, you agree that in addition to an injunction that an accounting shall be made of all gains experienced by you resulting from the unauthorized commercial use and you shall disgorge any and all profits whatsoever resulting therefrom.

7. Compliance with Terms and Conditions

While accessing the dominicanmagic.com site you are entering into a binding contract with Luciano Brothers LLC. whereby you agree to fully comply with these Terms and Conditions as well as any other instructions contained on the Site. You agree to cooperate with Luciano Brothers LLC.’s policies in good faith and further agree to follow all laws and customs common to your jurisdiction. Alterations, modifications, impairments, or any other interference with the Site or its Contents is strictly prohibited. You further understand and agree that any direct or indirect interference with the Site, its Contents, operability, or interoperability will cause irreparable harm to Luciano Brothers LLC., should such interference occur you understand that you will be liable to Luciano Brothers LLC. for all losses and damages caused to them, their affiliates, distributors, partners, licensors, or licensees.

8. Your Account

The minimum age to create an account is thirteen (13) years of age, you are expressly prohibited from creating an account if you are below that age. Registered users will have an email address/username and password associated with their account (“Account Holder”). Luciano Brothers LLC. will keep your registration information confidential and anonymous subject to the remainder of the Terms and Conditions herein. It is your responsibility for maintaining the confidentiality of the account information you create and any unique identifiers you choose, username and password and for restricting access to your computer. Luciano Brothers LLC. is not responsible for updating or keeping your account current. The information you provide must be truthful and accurate for use of the dominicanmagic.com website. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, USERNAME AND/OR PASSWORD. Use or access of the site by anyone other than the Account Holder is prohibited unless that party has given prior consent and has full authority to bind or indemnify the Account Holder as its principal to all the Terms and Conditions; if no such authority exists you shall be held solely liable for any and all harm caused by any improper use of the Site or Contents.

In its sole discretion and with or without any prior notice or consent, Luciano Brothers LLC. shall have the right to block access, delete, cancel, or terminate the privileges granted hereunder to any Account Holder if a violation of the Terms and Conditions is believed to have occurred or if it is in Luciano Brothers LLC.’s interest to do so.

9. Third Party Links

Luciano Brothers LLC. is not responsible for the content of any off-website pages or any other websites linked to or from the Site. Nor does Luciano Brothers LLC. use of a link mean that it is endorsing or representing itself as being in any way affiliated with the owner or party who bears responsibility for any of the contents posted at the linked site. The Links appearing on dominicanmagic.com or any of its pages are for convenience purposes only and are not an endorsement by Luciano Brothers LLC. or its affiliates. Should you choose to post a link to dominicanmagic.com, you do so at your own risk. Luciano Brothers LLC. takes no responsibility for the contents of any off-site website pages or any other websites linked to or from dominicanmagic.com.

10. Promotions, Events, and Enhancements

Luciano Brothers LLC. may from time to time create a Promotions, Events, or Enhancements to the user experience or provide new features of the site such as by creating a contest, sweepstakes, or other offering. These special promotions, events, or enhanced offerings may be subject to additional terms and conditions and may involve third parties affiliates other than Luciano Brothers LLC. Should you partake in any of these Promotions, Events, or Enhancements you agree that your use of those Promotions, Events, or Enhancements will be subject to such additional or separate terms of use, rules and/or policies in addition to these Terms and Conditions.

11. Comments, Inquiries, Suggestions, Ideas, and other User Submissions

All Comments, Inquiries, Suggestions, Ideas, and other User submissions transmitted to Luciano Brothers LLC. via dominicanmagic.com are treated as non-proprietary and non-confidential except for biographical or User Account data such as that covered in Section 8 above. For a website visitors Comments, Inquiries, Suggestions, Ideas, and other User Submissions to be treated as anything other than non-proprietary and non-confidential the communication must specifically requests the content be treated as such otherwise Luciano Brothers LLC. is implicitly deemed to have been granted a freely assignable, freely transferable and unlimited license to the same extent as if Luciano Brothers LLC. was the originator and/or legal owner of the idea, process, or expression contained in the Comments, Inquiries, Suggestions, Ideas, and other User Submissions transmitted and therefore may adapt or adopt the Comments, Inquiries, Suggestions, Ideas, and other User Submissions transmitted and/or Idea to suit its needs in whatever form or expression Luciano Brothers LLC. so desires. You understand that the transmission of any comment, inquiry, suggestion, or idea to Luciano Brothers LLC. is done freely and without any promise of consideration or remuneration by Luciano Brothers LLC. unless otherwise indicated. Additional terms regarding website visitor Comments, Inquiries, Suggestions, Ideas, and other User Submissions transmitted can be found in our Privacy Policy. While you may give up all rights of ownership and control you may have had to any expressions contained in the Comments, Inquiries, Suggestions, Ideas, and other User Submissions you will still remain liable and hereby indemnify Luciano Brothers LLC. for any harm or damages resulting from direct use of the Comments, Inquiries, Suggestions, Ideas, and other User Submissions by Luciano Brothers LLC. subject to the laws and public policies of the jurisdiction where the harm or damages occurred. You hereby represent and warrant that your Comments, Inquiries, Suggestions, Ideas, or other User Submissions is lawful and free from software viruses, is not a commercial solicitation, a chain letters, a mass mailings, or any form of "spam." Falsifying, concealing, or misrepresenting information in a Comments, Inquiries, Suggestions, Ideas, and other User Submissions is strictly prohibited, this conduct includes but is not limited to falsifying email addresses, impersonating other individuals or entities, or otherwise misleading Luciano Brothers LLC. in any way as to the true nature or origin of any Comment, Inquiry, Suggestion, Idea, or other User Submission. You agree to indemnify Luciano Brothers LLC. for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

12. User Generated and other Third Party Content

Transmission of any expressions or communications through or posted on dominicanmagic.com will be subject to Section 11 above. Luciano Brothers LLC. is not responsible for any User Generated and other Third Party Content that is transmitted through or posted on dominicanmagic.com. Luciano Brothers LLC. reserves the right to remove any content it deems distasteful, objectionable, or that which is illegal, likely to induce a breach of contract, a violation of intellectual property rights of another party, tortious, criminal, or violates any other public policy that Luciano Brothers LLC. is or becomes aware of. Further, Luciano Brothers LLC. prohibits conduct that may be deemed threatening, obscene, invasive of privacy, a nuisance, hateful, or otherwise abusive and shall remove such content immediately upon receiving notice of it. Removal of any content and determinations as to whether it is lawful, infringes on anothers rights, or is otherwise harmful will be done at the exclusive and sole discretion of Luciano Brothers LLC.’s.

Further, Users agree not to make any false or misleading statements concerning any individuals, including themselves, or any entities. Such statements shall include but not be limited to statements regarding any individuals names, ages, gender, race, religion, or sexual preference. Users shall not falsely impersonate any person or entity. Users shall advocate or take any action that would lead to the harassment or harm of any individual or third party. Users shall not misuse any trade names, marks, or other intellectual property of Luciano Brothers LLC. in such a way as to create an impression that they are authorized to represent Luciano Brothers LLC. in any way this includes but is not limited to forgery of email addresses or headers, manipulation of origins and other identifiers, and the intentional or unintentional violation of any applicable local, state, national or international law; Users are further prohibited from collecting or storing personally identifiable data about other users.

Luciano Brothers LLC. does not endorse nor does it control the User Generated and other Third Party Content transmitted or posted on the Site and therefore, Luciano Brothers LLC. makes no guarantees regarding the accuracy, integrity or quality of User Content. By using the Site, Users may potentially be exposed to User Generated and/or other Third Party Content that is offensive, indecent or objectionable to you. Luciano Brothers LLC. shall not be liable for any User Generated and other Third Party Content, including, without limitation, for any errors or omissions in any User Generated and other Third Party Content. Luciano Brothers LLC. shall not be liable for any loss or damage of any kind incurred as a result of the use of any User Generated and/or other Third Party Content transmitted, uploaded, posted, e-mailed or otherwise made available via the dominicanmagic.com.

Luciano Brothers LLC. at its sole discretion may refuse to post or remove any User Generated and other Third Party Content Further, you hereby give Luciano Brothers LLC. the right to add, omit, edit, modify, or delete any User Generated and other Third Party Content. Finally, Luciano Brothers LLC. reserves the right to refuse service and/or terminate accounts without prior notice for any users, for any reason whatsoever.

13. Notices Regarding Copyrighted Works

Luciano Brothers LLC. aims to never intentionally use the works of another party without attempting to obtain that parties prior written consent. If you believe that a work has been copied on the dominicanmagic.com website in such a way that there is a presumption that it would constitute copyright infringement, please notify Luciano Brothers LLC. in writing at the address found here.

14. DISCLAIMER AND LIMITATION OF LIABILITY

LUCIANO BROTHERS LLC. MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITES OPERABILITY, FUNCTIONALITY, OR USAGE, LUCIANO BROTHERS LLC. HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT, OR WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE.

LUCIANO BROTHERS LLC. SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE OR RELIANCE THEREON AND LUCIANO BROTHERS LLC. HEREBY DISCLAIMS ANY AND ALL LIABILITY IN CONTRACT OR TORT. YOU HEREBY ACKNOWLEDGE THAT YOU USE THE DOMINICANMAGIC.COM WEBSITE AT YOUR OWN RISK AND THAT YOU VISIT THE SITE AND RECEIVE ITS CONTENTS “AS IS.” IT IS SOLELY YOUR RESPONSIBILITY TO PROTECT YOUR OWN INTELLECTUAL PROPERTY AND DATA AND TO KEEP IT FREE FROM SOFTARE VIRUSES AND OTHER HARMFUL CONTENT. LUCIANO BROTHERS LLC. SHALL NOT BE LIABLE FOR ANY BUSINESS INTERRUPTIONS, INADVERTENT MISDELIVERIES OF DATA, NON-DELIVERY OF DATA OR PIECES THEREOF, LOSS OR DAMAGES RESULTING FROM THE SITE OR OFF-WEBSITE LINKS, SYSTEM FAILURES, OR ANY OTHER UNANTICIPATED OR UNEXPECTED USE OR OPERABILITY OF THE DOMINICANMAGIC.COM WEBSITE. LUCIANO BROTHERS LLC. SHALL NOT BE LIABLE FOR ANY DATA LOSS, OMISSIONS, OR ANY OTHER ACTIVITY BEYOND ITS KNOWLEDGE OR CONTROL.

LUCIANO BROTHERS LLC. WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OR UNDERLYING BASIS OF THE ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTICE OF ANY POTENTIAL CLAIM AGAINST LUCIANO BROTHERS LLC. RESULTING FROM THE USE OR MISUSE OF THE DOMINICANMAGIC.COM WEBSITE MUST BE MADE WITHIN TEN CALENDAR (10) DAYS OF THE CLAIMANT HAVING BECOME AWARE OF THE OCCURRENCE OR EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ANY CLAIM BE MAINTAINED IF IT IS INSTITUTED BEYONE ONE YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM TOOK PLACE.

15. Indemnification

You the User hereby agree to defend, indemnify and hold Luciano Brothers LLC. harmless for any loss, damages, costs associated with (including reasonable attorneys' fees) resulting from any claims including those of any third parties, actions, or demands that resulted from the use of the dominicanmagic.com site whether or not such use was in breach of these Terms and Conditions. Luciano Brothers LLC. shall further be identified for any loss, damages, or costs, including reasonable attorneys' fees, resulting from the use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Luciano Brothers LLC. infrastructure.

16. Disputes

All disputes resulting from the use of the dominicanmagic.com website and subject to these Terms and Conditions shall be resolved under the laws of the State of New York and you agree to exclusive jurisdiction in the courts of the State of New York, New York County. All disputes concerning the dominicanmagic.com site or that a user may have against Luciano Brothers LLC. which is subject to these Terms and Conditions is to be treated as confidential and therefore you agree to enter into a Protective Order to protect the confidentiality of any information disclosed in any proceeding in the State of New York.

Cases and controversies arising under these Terms and Conditions may be joined or combined at the sole discretion of Luciano Brothers LLC., whenever multiple parties have been joined in a dispute against Luciano Brothers LLC. the decision of a majority of those parties joined as to how to settle the claim shall be binding upon the parties in the minority.

17. Notifications

All communications to Luciano Brothers LLC. regarding dominicanmagic.com may be made electronically via email or by posting notices to the dominicanmagic.com website. Registered Users will receive notification of any changes to these Terms and Conditions, which may occur from time to time. Under the E-Sign Act any agreements reached may constitute a binding contract that you have made with Luciano Brothers LLC.. Should you wish to receive notifications via any method other than the electronic methods described above you must notify Luciano Brothers LLC. in writing. Future use of the dominicanmagic.com website is prohibited should your consent to electronic notification be revoked.

The terms of this provision shall have no bearing or effect on your Marketing Preferences unless you revoke the right to receive all notifications electronically, for more information please review the Privacy Policy.

18. General

By using the dominicanmagic.com website you are agreeing to these Terms and Conditions and to the modifications that may be made each time you visit the website. You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between yourself and Luciano Brothers LLC. concerning your use of the dominicanmagic.com, this final expression of the understanding between yourself and Luciano Brothers LLC. supersedes all prior proposals, agreements, or other communications.

Luciano Brothers LLC. has the sole discretion to and reserves all rights to modify or change these Terms and Conditions at any time. Luciano Brothers LLC. may change or modify these Terms and Conditions by posting the changes on the Site and providing electronic notice of such change. All changes to the Terms and Conditions take place immediately upon their posting or transmission. Subsequent or continued use of the dominicanmagic.com website thereafter constitutes a binding agreement you have made with Luciano Brothers LLC. to all such changed Terms and Conditions.Luciano Brothers LLC. may also in its sole discretion terminate any of the rights granted by these Terms and Conditions.

The only affiliation created by your agreement to these Terms and Conditions is that of Luciano Brothers LLC. as website owner and/or operator and you as website User. This relationship does not extend rights any further than the text contains and the User is not a business partner, joint-venturer, shareholder, licensor, or licensee (except as otherwise provided herein) with Luciano Brothers LLC. as a result of the users acceptance and agreement to the terms contained herein. Should Luciano Brothers LLC. not exercise any of its rights hereunder, such omission or failure shall not be deemed nor shall it operate as a waiver or breach of any rights Luciano Brothers LLC. may have hereunder or under the laws of any jurisdiction.

Should any provision hereof be held unenforceable, such ruling shall not affect the validity of the remaining provisions of these Terms and Conditions and the parties hereby agree that the offending provision held to be unenforceable should be modified by the court or tribunal in such a way as to protect the parties rights as attempted to be expressed hereunder.

If you have any questions regarding these Terms and Conditions, please email us at customerservice@dominicanmagic.com .

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY

The Digital Millennium Copyright Act protects copyright holders from all forms of infringement of their creative works. Luciano Brothers LLC. wishes to help protect copyright holders from infringement and has therefore assigned a Designated Agent for notices of infringement to be sent to and provide the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;

• Identification of the copyrighted work(s) that you claim has been infringed;

• A description of the material that you claim is infringing and the location of that material on the Site;

• Your address, telephone number and email address;

• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• 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.

Notice for claims of copyright infringement may be sent to Luciano BrothersLLC.’s Designated Agent at customerservice@dominicanmagic.com

LUCIANO BROTHERSLLC.

ATTN: [Name of Person]

460 South 10th Avenue

Mount Vernon,NY 10550

© 2009 Luciano Brothers LLC. All worldwide rights reserved.

 

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