Dooster provides its products, services and / or Web sites (“Dooster
services”) to you, subject to the following terms of service which
may be updated by us from time to time without notice to you.
By using Dooster services you agree to the following terms and conditions
Our
liability to you
1. We at
Dooster have done our best to make the code of Dooster.net and all related
Dooster services as stable as possible, and give you the warranty that
we have placed no code to cause intentional harm to you.
2. Dooster services have been developed over an 18 month period and tested
thoroughly over a 12 month period - and ongoing - by highly qualified
professionals.
This is a high quality product and we are making it available to you to
use for your own purposes on the strict understanding and agreement that
under no circumstances can you make Dooster liable for any damage, however
caused, including, but not limited to damage you might do to your system
using Dooster services.
3. You are responsible for backing-up your data that you use with the
service.
4. You agree to hold harmless and indemnify Dooster, and its subsidiaries,
affiliates, officers, agents, and employees, advertisers or partners,
from and against any third party claim arising from or in any way related
to your use of Dooster services, violation of this Terms of Service or
any other actions connected with use of Dooster services, including any
liability or expense arising from all claims, losses, damages (actual
and consequential), suits, judgments, litigation costs and legal fees,
of every kind and nature.
5. Dooster shall not be liable to you for any direct, indirect, incidental,
special, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if dooster has been advised of the possibility of such damages)
resulting from: (i) the use or the inability to use dooster services;
(ii) the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from dooster
services; (iii) unauthorized access to or alteration of your transmissions
or data; (iv) statements or conduct of any third party on dooster services;
or (v) any other matter relating to dooster services.
6. Nothing in this agreement is intended to exclude or limit any condition,
warranty, right or liability which may not be lawfully excluded or limited.
7. You are responsible for maintaining the confidentiality of your account
password, and are responsible for all activities that occur under your
account.
Our marketing messages
We reserve the right to send you occasional advice or marketing emails relating to Dooster.
We will NEVER sell your email or other personal information to anyone else.
Payments
and charges
8. You agree that Dooster shall be permitted to charge your credit card
on a monthly basis in advance of providing its services, for your subscription
fee, any applicable sales taxes, and any other charges you may incur in
connection with your use of Dooster services.
9. The subscription fee will be billed in full on the first day of your
paid subscription and on each monthly anniversary or other period you
have selected based on your selected account package thereafter, unless
and until you cancel your subscription.
10. Dooster is not responsible for any additional bank fees, interest
charges, finance charges, over draft charges, or other fees resulting
from charges billed by Dooster.
11. Currency exchange settlements will be based on agreements between
you and the provider of your credit card.
12. We do not give pro-rata refunds for unused time if cancellation is
initiated during the middle of a billing cycle.
13. We reserve the right to change our fees, but we will notify you in
advance if we do so. If there is a specific duration and price for your
current services, then that price will remain in effect for such duration,
but continued use of Dooster services thereafter will be at the new price.
14. All charges are non-refundable unless expressly stated otherwise,
or otherwise provided by applicable law.
15. If your billing date lands on a day not contained in a given month,
you will be billed on the last day of that month. For example, if your
paid subscription began on August 31st, your next billing date would be
September 30th.
No
Right of Re-Sale
16. You
agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit
for any commercial purposes, any portion of Dooster services, use of Dooster
services, or access to Dooster services.
Termination
17. Dooster may terminate or suspend your access to Dooster services at
any time and for any reason without notice.
18. You may terminate the service at any time by following the process
outlined in our help section. You are responsible for backing-up your
data that you use with the service. Termination of the service by you
will not alter your obligations to pay all charges due to Dooster as outlined
above.
19. Upon termination or suspension, your right to use the service will
stop right away. We may allow you to have access to data that you stored
on the service after we suspend or terminate the service but this is not
guaranteed.
Be
nice
20. You
are encouraged to report to Dooster any form of insult, harassment, discrimination,
obscenity, threat, criminal act or abuse by users of Dooster.
21. Dooster will not be used in any way for illegal or punishable acts,
including the following acts: illegal and/or punishable publication of
text or pictures, sexist, pornographic, racist or discriminating expressions,
child pornography, child abuse, criminal data-transfer, insulting remarks,
hacking, vandalism, damaging or disabling of systems, spreading viruses
or the intentional disruption of communication or data storage, acquiring
access through false credentials, false acts, violation of intellectual
property of third parties, theft, illegal publication of confidential
or personal information.
22. By registration of an account the user states that they are personally
responsible for all that they publish on the site, and for all their participation's
in Dooster's' activities, in relation to the user and in relation to his
interactions with other users.
23. By registering an account the user agrees that he will not intentionally
harm or disrupt the use of Dooster by himself and/or other users.
And the rest...
24. The terms and conditions of this Agreement constitute the entire agreement
between you and Dooster with respect to the subject matter hereof and
will supersede and replace all prior understandings and agreements, in
whatever form, regarding the subject matter. Nothing in this clause shall
exclude or restrict the liability of either you or Dooster arising out
of fraud or fraudulent misrepresentation.
25. No waiver: The failure to exercise, or delay in exercising, a right,
power or remedy provided by this Agreement or by law shall not constitute
a waiver of that right, power or remedy. If Dooster waives a breach of
any provision of this Agreement this shall not operate as a waiver of
a subsequent breach of that provision, or as a waiver of a breach of any
other provision.
26. Partial Invalidity: If any provision of this Agreement, or any part
of a provision, is found by any court or administrative body of competent
jurisdiction to be illegal, invalid or unenforceable, and the provision
(or part-provision) in question is not of a fundamental nature to this
Agreement as a whole, the legality, validity or enforceability of the
remainder of this Agreement (including the remainder of the term which
contains the relevant provision) shall not be affected.
27. Assignment: You are not allowed to assign this Agreement or any rights
hereunder. Dooster is allowed at its sole discretion to assign this Agreement
or any rights hereunder to any third party, without giving prior notice.
28. Applicable Law and Competent Court: This Agreement shall be governed
by and interpreted in accordance with the laws of England and Wales and
shall be subject to the exclusive jurisdiction of the courts of England,
and construed in accordance with the English language.
29. Survival: The terms of this Agreement, and any other provision of
this Agreement which is expressed to survive or operate in the event of
termination, shall survive termination of this Agreement for whatever
reason.
30. Dooster reserves the right to change this Agreement at any time. Your continued use of Dooster services shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement here.
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