Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with this Terms of Service Agreement.
The terms “we”, “us” or “our” shall refer to Dooth. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that (i) Dooth, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Dooth may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your email address, current. Dooth assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
The Terms you see below are important because they:
- Outline your legal rights on Dooth
- Explain the rights you give to us when you use Dooth
- Describe the rules everyone needs to follow when using Dooth
- Contain a class action waiver and an agreement on how to resolve any disputes that may arise by arbitration
- 1.1 This Terms of Services Agreement (“Agreement”) sets forth the terms and conditions under which DOOTH, INC. (“DOOTH” or “we”) provides use of its Websites (www.dooth.com) i.e. our related websites, services, applications, products and content (collectively, the “Services”) that provides a right to use DOOTH PLATFORM to consumers (“you”, “End Users” or “client”) and to the individual users identified by you as being authorised to use the Services (“authorized users”)
- 1.2 Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the currently effective version of the Agreements can be found on Dooth’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not access the Dooth Services.
- 1.3 In order to access the Dooth Services, you need to (1) meet the age requirements in the chart (2) and have the authority to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Services are available. You are also required that any registration information that you submit to Dooth is true, accurate, and complete, and you agree to keep it that way at all times. Furthermore, Dooth undertakes no liability in relation to a violation of Terms and Conditions of Use by you.
2. ACCEPTANCE OF THE TERMS OF SERVICES
2.1 In order to receive the Dooth Services, you must click on the “agree” button during sign-up. By clicking on the “agree” button and/or by using the Dooth Services, you acknowledge that you have read this agreement , understand it and agree to be bound by it
2.3 License: Subject to the terms and conditions of this Agreement, Dooth grants you and your Authorised Users a non-exclusive right to use the Dooth Services. The Dooth & Dooth Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained, or information presented to you through the Services is or may be protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Dooth Services are offered as worldwide, royalty-free, non-assignable and non-exclusive license to use the Services. This license is for the sole purpose of enabling you to use the Services. You cannot copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless explicitly permitted under the terms of Services;
2.4 Downloadable Content: When a Services requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
2.5 Open Source Software: Dooth Services include use of Open source software and are offered under such an open source license agreement. Certain provisions in such open source license agreement may override some of these provisions of this agreement.
3. TERM AND TERMINATION
3.1 The term of this agreement shall terminate upon your termination of use of Dooth services. Dooth may terminate or suspend your access to the Dooth Services at any time, including in the event of your actual or suspected unauthorised use of the Dooth Services, non-compliance with the Agreements/ Dooth Policy, or if we withdraw the Services (in which case we shall provide you reasonable notice in advance of doing so). If you or Dooth terminate the Agreements, or if Dooth suspends your access to the Dooth Services, you agree that Dooth shall have no liability or responsibility to you. You may terminate the Agreements at any time. To learn how to terminate your Dooth account, please contact us through the Customer Services contact form which is available on our About Us page. Dooth reserves the right to terminate access to the Dooth Services at any time for any reason with or without cause. For termination related to cause (in certain cases), Dooth at its sole discretion may choose to terminate access without any notice.
3.2 Termination of your Dooth account includes: (a) removal of access to all offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Services. Further, you agree that all terminations shall be made in Dooth’s sole discretion and that Dooth shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services or Content.
4. RIGHT TO CHANGE SERVICES/SUSPENSION, TECHNICAL IMPROVEMENT AND MAINTENANCE
4.1 Dooth services are constantly changing and improved in lieu of which we may add or remove features suspend or stop a portion of a services;
4.2 Dooth will make reasonable efforts to keep the Dooth Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions.
4.3 Dooth reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Dooth Services, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Dooth Services or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Services, or to implement advancements in science and technology or ensure the operability or the security of the Services, legal and regulatory reasons.
5. GOVERNMENT ORDER:
In the event Dooth is prevented from providing any portion or all of the Software or the Dooth Services or is required to grant access to unencrypted information or to decrypt a message, by any law, regulation, or ruling, regardless of form, issued by any judicial or other governmental entity, or if a notice from a governmental entity, department or agency indicates that the Dooth Services cannot be provided or that a message must be de-encrypted, Dooth may immediately cease providing the Dooth Services and/or to the extent technically possible, Dooth shall provide access to decrypted messages, encryption key, or passphrase without any liability whatsoever to you. Dooth shall not be required to seek a waiver of any law, rule, regulation, or restriction, or seek judicial review or appeal of any court orders. Dooth shall oblige legal requests under the pretence that a law enforcement institution has the right to enter your house (or any other private space) and perform search to uphold the law and order. Dooth platform cannot be utilized for illegal purposes or to hoard information from Government. Like your house, your data is private with Dooth but remember your house can be searched by law enforcements on the ground of suspicion of illegal activity or to protect the national security
6. UNSUITABLE CONTENTS:
- As a socially responsible company, Dooth respects local and regional cultural sensitivity of Privacy. Privacy means different things to different people in different parts of the world. To the extent technically possible, Dooth at its sole discretion shall have the right to remove contents that are found to be socially/culturally unsuitable in a specific region by the respective Laws governed or post any content by Users hurting Individual sentiments/Privacy in any form
7. LYNCING PREVENTION – FAKE NEWS:
- People are sensitive and have strong identifications to certain contents. In a global cultural environment, if you cannot respect other cultural, ethnic, religious and other sentiments, please refrain from disrespecting it. People get emotionally carried away with contents often leading to violence, lynching, social unrest causing social disorder without validating the contents.
- Act responsibly on Dooth, when you forward a message to a group, you are essentially broadcasting a message to public and therefore are responsible for the message. To the extent technically possible, Dooth at its sole discretion shall have the right to remove such sensitivity contents and cooperate with law enforcement.
8. YOUR OBLIGATIONS: GUIDELINES
- Dooth respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Services, to make sure Dooth stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.
8.1 Restrictions on Use: The following is not permitted for any reason whatsoever:
- Using the Dooth Services to import or copy any local files that you do not have the legal right to import or copy in this way;
- Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Dooth Services, or any part thereof except to the extent permitted by applicable law. [If applicable law allows you to decompile any part of the Dooth Services where required in order to obtain the information necessary to create an independent program that can be operated with the Dooth Services or with another program, the information you obtain from such activities:
- may only be used for the foregoing objective,
- may not be disclosed or communicated without Dooth’s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and
- may not be used to create any software or Services that is substantially similar in its expression to any part of the Dooth Services;
- circumventing any technology used by Dooth, its licensors, or any third party to protect the Services;
- selling, renting, sublicensing or leasing of any part of the Dooth Services;
- circumventing any territorial restrictions applied by Dooth or its licensors;
- removing or altering any copyright, trademark, or other intellectual property notices contained in the Services or provided through the Services);
- circumventing or blocking advertisements in the Dooth Services, or creating or distributing tools designed to block advertisements in the Dooth Services;
- providing your password to any other person or using any other person’s username and password;
- “crawling” the Dooth Services or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from Dooth or the Dooth Services;
- Please respect Dooth, the owners of the content, and other users of the Dooth Services. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that: is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- Dooth doesn’t promote illegal, or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Dooth or a third party;
- including your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Services;
- which is intended to or does harass or bully other users;
- and impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- which involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
- Involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorised by Dooth;
- the links to, references, or otherwise promotes commercial products or services, except as expressly authorised by Dooth;
- and interferes with or in any way disrupts the Dooth Services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Services or Dooth’s computer systems, network, usage rules, or any of Dooth’s security components, authentication measures or any other protection measures applicable to the Services, the content or any part thereof; or conflicts with the Agreements, as determined by Dooth.
8.2 Account Control, Encryption Key and Pass Phrases:
- You acknowledge and agree that you are responsible for your use of your account and the Dooth Services by your Authorized Users. You and your Authorised Users shall be fully responsible for the control of and/or access to your account, including limiting access to Encryption key, pass phrases used to access your account. You agree to take all reasonable precautions to protect your encryption key, pass phrase and those of your Authorised Users. You agree to notify Dooth immediately in the event you discover or think your account, encryption key or your pass phrase has been compromised. Dooth shall have no liability to you or to any third party for your failure to prevent any unauthorised access or use of your account
8.3 Permitted Use:
8.4 Legal & Acceptable Use:
- You acknowledge, consent and agree that Dooth may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Services; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer Services; or (e) protect the rights, property or personal safety of Dooth, its users and the public.
- You understand that the technical processing and transmission of the Services, including your Content, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that the Services, Dooth Software and any other software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Dooth and/or content providers who provide such materials to the Services. You may not attempt to override or circumvent any digital rights management technology or usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
DOOTH IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES OR ATTACHMENTS TRANSMITTED THROUGH THE DOOTH SERVICES. SUCH MESSAGES OR ATTACHMENTS MAY INCLUDE HARMFUL CODE OR OTHER MATERIAL THAT MAY DAMAGE YOUR COMPUTER SYSTEM OR DEVICES.
10. INTELLECTUAL PROPERTY:
10.1 You agree that no title to the intellectual property in the Dooth Services, or license keys is transferred to you. Title, ownership, rights and intellectual property rights in and to the Dooth Services, and license keys shall remain in Dooth and/or Dooth’s licensors. The Dooth Services and license keys are protected by intellectual property laws of the United States and other countries and by international treaties.
10.2 To report claims of third-party copyright, trademark, or other intellectual property infringement, , please contact LegalServices at Legalfirstname.lastname@example.org
10.3 We may terminate you’re the Dooth or App account if you repeatedly infringe the intellectual property rights of others.
11 How to Notify Dooth if you think your copyright has been infringed. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dooth’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Dooth and its affiliates that your copyright material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owners 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.Dooth Inc.’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
46509 Mission Blvd Suite # 149
Fremont CA 94539: LEGAL@DOOTH.COM
12. ONLINE BULLETIN BOARDS, FORUMS AND BLOGS
12.1 We may from time to time host bulletin boards, forums, blogs or other public posting areas (“Forums”). The information and opinions expressed in these Forums are not necessarily ours, and we make no representations or warranties, whatever, regarding them. Neither do we assume any obligation to monitor these Forums or to delete or edit any postings. We do however reserve the right to delete, move, or edit any postings that we consider illegal or inappropriate in any way. Specifically, you shall not submit or otherwise publish through such Forums anything which libels, defames, invades privacy, or is even remotely obscene, pornographic, abusive, or threatening, violates any law, or advocate any illegal activity, advertises products or services, or solicits funds, or infringes any intellectual property or other right of any person or entity, including, but not limited to violating anyone’s right of privacy or publicity
13.1 You shall defend, indemnify and hold harmless Dooth, its employees, officers, directors and agents, as well as Dooth’s suppliers, successors, affiliates, agents and assigns (the “Indemnified Parties”) from any claims, damages, losses, or expenses (including without limitation attorneys’ fees and costs) incurred by any Indemnified Parties in connection with all claims, suits, judgments and causes of action: (i) for infringement of patents or other proprietary rights arising from combining with or using any device, system or Services in connection with the Dooth Services (or any portion thereof); (ii) for libel, slander, defamation or infringement of copyright or other intellectual or proprietary right with respect to material transmitted by you using the Dooth Services; (iii) relating to a breach of any of the terms and conditions contained in this Agreement; or (iv) injury, death, property damage or economic damages arising in connection with your use or inability to use and the performance or failure to perform of the Dooth Services.
14. Non-exclusive Remedies.
No remedy herein conferred upon Dooth is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative. In the event of the termination of this Agreement by Dooth for your breach, you shall pay to Dooth all attorneys’ fees, collection fees, and related expenses, expended or incurred by Dooth in the enforcement of any right or privilege hereunder (including, but not limited to, telephone, freight, express and postal charges, expenses of paid investigators and reasonable compensation for time of Dooth’s employees, agents and representatives).
15. DISCLAIMER OF WARRANTY.
THE DOOTHSERVICES IS PROVIDED “AS IS” AND “AS AND WHEN AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. DOOTH MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, ORAL OR WRITTEN. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF Dooth Services IS WITH YOU. SHOULD THE DOOTH SERVICES PROVE DEFECTIVE, YOU (AND NOT DOOTH OR ANY DEVELOPER OR LICENSOR) ASSUME THE ENTIRE COST OF ANY COSTS OR DAMAGES INCURRED BY YOU.DOOTH DOES NOT WARRANT THAT YOU WILL HAVE OR ENJOY UNINTERRUPTED OR ERROR-FREE USE OR OPERATION OF THE DOOTH SERVICES, THAT ANY DATA SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE OR DEFINED PERIOD OF TIME, OR THAT THE DOOTH SERVICES WILL AVERT OR PREVENT ALL OCCURRENCES OR THE CONSEQUENCES THEREFROM THAT THE DOOTH SERVICES IS DESIGNED TO DETECT AND/OR PREVENT.
- ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND/OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE CONDUCT ARE HEREBY EXCLUDED. IN ADDITION, DOOTH DOES NOT WARRANT THE ACCURACY OR RELIABILITY OR SECURITY OF THE RESULTS OBTAINED THROUGH USE OF THE DOOTH SERVICES OR ANY DATA OR INFORMATION DOWNLOADED, SENT, RECEIVED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE DOOTH SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED, RECEIVED OR SUBMITTED THROUGH THE USE OF THE DOOTH SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND THAT DOOTH WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING ANY DATA, E-MAIL, DEVICES OR STORAGE MEDIA).
16. LIMITATION OF REMEDY.
IF THE RELEVANT SOFTWARE OR ACCESS TO THE DOOTH SERVICES WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE THAT DOOTH AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE DOOTH SERVICES.
THE LIMITATIONS IN THIS SECTION ARE COMPREHENSIVE AND ALL EXAMPLES ARE ILLUSTRATIVE AND NOT EXHAUSTIVE. THE LIMITATIONS IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER REMEDY LIMITATIONS IN THIS AGREEMENT AND SHALL NOT FAIL IF SUCH OTHER LIMITATION OR REMEDY FAILS. THE PROVISIONS IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISKS BETWEEN THE PARTIES. THIS SECTION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
17. ASSIGNMENT AND DELEGATION.
Dooth may assign this Agreement without notice to, or pre-approval by, you. You, however, may not and shall not assign this Agreement or any of your rights hereunder. Dooth may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by its contractors or subcontractors.
18. NOTICES/ON-LINE POSTING OF GENERAL CHANGES.
Except as otherwise provided in this Agreement, all notices or other communications to Dooth hereunder shall be deemed to have been duly given when made in writing and delivered in person, via overnight courier or certified mail addressed to Dooth Inc., Attn: Legal, Dooth Inc, 37600 Central Court Suite 260-B Newark CA 94560
Notices to you will be addressed via e-mail based on the information provided by you during the account registration process unless you have notified Dooth of any changes.
Notwithstanding the foregoing, or anything contained herein to the contrary, Dooth may amend, revise, change, alter, replace, substitute the system requirements and interoperability standards, acceptable use provisions, or any other general policies applicable to all end-users, at any time and in any manner, including by posting a notice of any such changes or modifications, etc. on the Dooth Services website or by email. Your use of the Dooth Services after posting of such notice shall constitute acceptance of the modified terms.
19. FORCE MAJEURE.
Notwithstanding any other provision of this Agreement, neither party shall be deemed in default of this Agreement for failure to fulfil its obligations when due to causes beyond its reasonable control.
20. MISCELLANEOUS PROVISIONS/ CHOICE OF LAW, MANDATORY ARBITRATION AND VENUE.
- Waiver of Default. Waiver by either Party of any default by the other Party shall not be deemed a continuing waiver of such default or a waiver of any other default.
- Survival. The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof by either or both parties shall so survive the completion of performance, cancellation or termination of this Agreement.
- GOVERNING LAW.
FOR USERS IN the UNITED STATES AND CANADA:
this agreement shall be construed in accordance with the laws of the State of Delaware applicable to agreements executed and wholly performed within that state without giving effect to anybody of law governing conflicts of laws. This Agreement shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
FOR USERS IN INDIA AND OTHER COUNTRIES,
This Agreement shall be governed by and construed in accordance with the laws of India and the Party’s country laws on the equal force. If there is any conflict of laws, the law of India shall prevail. Disputes if any, shall be initiated in the nearest jurisdiction of Dooth’s primary business address in India.
d) ARBITRATION CLAUSE