Terms and Conditions of Use
NOTE: This Agreement includes an Arbitration Clause, Limitations of Liability and Remedy, and a choice of California Laws and venue of Alameda County.
THIS SOFTWARE SUBSCRIPTION AGREEMENT (“AGREEMENT”) SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH DOOTH, INC. (“Dooth” OR “WE”) PROVIDES A RIGHT TO USE DOOTH SERVICE (“SERVICE”) TO CONSUMER (“YOU” OR “CLIENT”) AND TO THE INDIVIDUAL USERS IDENTIFIED BY YOU AS BEING AUTHORIZED TO USE THE SERVICE (“AUTHORIZED USERS”).
IN ORDER TO RECEIVE THE DOOTH SERVICE, YOU MUST CLICK ON THE “Agree” BUTTON DURING SIGN-UP. BY CLICKING ON THE “Agree” BUTTON AND/OR BY USING THE DOOTH SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT UNDERSTAND IT, AND AGREE TO BE BOUND BY IT.
1. License: Subject to the terms and conditions of this Agreement, Dooth grants you and your Authorized Users a non-exclusive right to use the Dooth Service. Using our Service does not give you ownership of any intellectual property rights in our Services or the content you access. Dooth service are offered as worldwide, royalty-free, non-assignable and non-exclusive license to use the service. 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 terms of service
2. Downloadable Content: When a Service 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.
3. Open Source Software: Dooth service include use of Open source software and are offered under such an open source license agreements. Certain provisions in such open source license agreement may override some of these provision of this agreement.
5. Right to Change Services: Dooth services are constantly changing and improved in lieu of which we may add or remove features suspend or stop a portion of a service
6. Government Order. In the event Dooth is prevented from providing any portion or all of the Software or the Dooth Service 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 Service cannot be provided or that a message must be de-encrypted, Dooth may immediately cease providing the Dooth Service or 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 order.
7. Restrictions on Use. You agree that you shall not reverse engineer, decompile, copy or disassemble the Dooth Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You shall not modify, or create derivative works based upon, the Dooth Service in whole or in part. You shall not resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Dooth Service. You shall not attempt to interfere with the Dooth Service, including any attempt to access keys or de-encrypt or intercept messages not your own. Any use in violation of this Section shall immediately terminate your license to use the Dooth Service.
8. Account Control, Encryption Key and Pass Phrases. You acknowledge and agree that you are responsible for your use of your account and the Dooth Service by your Authorized Users. You and your Authorized 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 Authorized 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 unauthorized access or use of your account.
10. Acceptable Use. You agree on behalf of yourself and your Authorized Users that you will not use the Dooth Service for any of the following purposes. If you do, Dooth may immediately suspend or limit the Dooth Service, or terminate the applicable license and services agreement without further liability or obligation to you, in addition to any other remedies that Dooth may have:
b) Attempting to use the Dooth Service in contravention of the terms of this Agreement;
c) Transmitting harassing, obscene, racist, malicious, abusive, libelous, illegal or deceptive messages or files;
d) Committing or attempting to commit a crime or facilitate the commission of any crime or other illegal or tortious act;
e) Using the Dooth Service for any unlawful, invasive, infringing, defamatory or fraudulent purpose;
f) Using the Dooth Service to send unsolicited bulk commercial email (“Spam”) of any kind, regardless of the content or nature of such messages;
g) Intentionally sending any harmful code or attachment with the Dooth Service;
h) Interfering with the use of the Dooth Service by Dooth’s customers or other Authorized Users;
i) Altering, tampering with or circumventing any aspect of the Dooth Service;
j) Testing or reverse engineering the Dooth Service in order to find limitations or vulnerabilities.
11. DOOTH IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES OR ATTACHMENTS TRANSMITTED THROUGH THE DOOTH SERVICE. SUCH MESSAGES OR ATTACHMENTS MAY INCLUDE HARMFUL CODE OR OTHER MATERIAL THAT MAY DAMAGE YOUR COMPUTER SYSTEM.
12. Intellectual Property. You agree that no title to the intellectual property in the Dooth Service, or license keys is transferred to you. Title, ownership, rights and intellectual property rights in and to the Dooth Service, and license keys shall remain in Dooth and/or Dooth’s licensors. The Dooth Service and license keys are protected by intellectual property laws of the United States and other countries and by international treaties.
13. Online Bulletin Boards, Forums and Blogs. 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 advocates 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.
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
1. Indemnification. 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 service in connection with the Dooth Service (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 Service; (iii) relating to a breach of any of the terms and conditions of 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 Service.
2. 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).
5. DISCLAIMER OF WARRANTY. THE Dooth Service 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 Service IS WITH YOU. SHOULD THE DOOTH SERVICE 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 SERVICE, 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 SERVICE WILL AVERT OR PREVENT ALL OCCURRENCES OR THE CONSEQUENCES THEREFROM THAT THE DOOTH SERVICE 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 SERVICE OR ANY DATA OR INFORMATION DOWNLOADED, SENT, RECEIVED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE DOOTH SERVICE. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED, RECEIVED OR SUBMITTED THROUGH THE USE OF THE DOOTH SERVICE 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).
IF THE RELEVANT SOFTWARE OR ACCESS TO THE DOOTH SERVICE 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 SERVICE.
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.
5. 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.
6. 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, POBOX 15104 Fremont CA 94539
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 Service website or by e-mail. Your use of the Dooth Service after posting of such a notice shall constitute acceptance of the modified terms.
7. Force Majeure. Notwithstanding any other provision of this Agreement, neither party shall be deemed in default of this Agreement for failure to fulfill its obligations when due to causes beyond its reasonable control.
8. Miscellaneous Provisions.
b) 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.
c) CALIFORNIA LAW GOVERNS. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS EXECUTED AND WHOLLY PERFORMED WITHIN THAT STATE WITHOUT GIVING EFFECT TO ANY BODY 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.
e) Right To Alter Systems, Equipment. Dooth reserves the right, from time to time, to make changes in the configuration of Dooth’s proprietary facilities, type and location of equipment, programming languages, end user identification procedures, accessibility periods, allocation and quantity of resources utilized, rules of operation, its administrative and operational algorithms, and the designation of the control center serving you at any particular address.