Term Of Use
1. Your relationship with DooShare:
6.3 DooShare grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DooShare reserves the right to revoke these exceptions either generally or in specific cases.
6.4 DooShare is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which DooShare provides may change from time to time without prior notice to you.
6.5 As part of this continuing innovation, you acknowledge and agree that DooShare may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at DooShare's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform DooShare when you stop using the Services.
6.6 You agree that you are solely responsible for (and that DooShare has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DooShare may suffer) of any such breach.
7. Copyright Policy:
7.1 DooShare operates a clear copyright policy in relation to any User Submissions which are alleged to infringe the copyright of a third party. Details of that policy can be found at the foot of this page.
7.2 As part of DooShare's copyright policy, DooShare will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
8. Your User Submissions:
8.1 As a DooShare account holder you may submit content ("User Videos, Ads, Listings, Photos"), textual content ("User Comments"), classified ads ("Classified Video Classifieds") (collectively referred to as "User Submissions"). You understand that whether or not such User Submissions are published, DooShare does not guarantee any confidentiality with respect to any User Submissions.
8.2 You retain all of your ownership rights in your User Submissions, but you are required to grant limited license rights to DooShare and other Website users. These are described in paragraph 10 of these Terms (Rights you license).
8.3 You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. DooShare does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DooShare expressly disclaims any and all liability in connection with User Submissions.
8.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable DooShare to use your User Submissions for the purposes of the provision of the Services by DooShare, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms.
9. Content of your User Submissions:
9.1 You agree that your conduct on the site will comply with (and you agree that the content of all of your User Submissions shall comply with) the DooShare Terms as updated from time to time.
9.2 You agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for DooShare to use or possess in connection with the provision of the Services.
9.3 You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner to post the material in question and to grant DooShare the license referred to in paragraph 10.1 below.
9.4 DooShare reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.
9.5 You further understand and acknowledge that in using the Website and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DooShare with respect to any such User Submissions.
10. Rights you License:
10.1 When you upload or post a User Submission to DooShare, you grant:
11. DooShare Content on the Website:
11.1 With the exception of User Submissions, all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "DooShare Content") is either owned by or licensed to DooShare, and is subject to copyright, trade mark rights, and other intellectual property rights of DooShare or DooShare's licensors. Any third party trade or service marks present on the DooShare Content are trade or service marks of their respective owners.
11.2 DooShare Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of DooShare, or DooShare's licensors. DooShare reserves all rights not expressly granted in and to the DooShare Content.
12. Links from DooShare:
12.1 The Services may include hyperlinks to other web sites that are not owned or controlled by DooShare. DooShare has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
12.2 You acknowledge and agree that DooShare is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
12.3 You acknowledge and agree that DooShare is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
13. Ending your Relationship with DooShare:
13.1 The Terms will continue to apply until terminated by either you or DooShare as set out below.
13.2 If you want to terminate your legal agreement with DooShare, you may do so by;
14. Exclusion of Warranties:
14.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
14.2 The Services are provided "as is" and DooShare makes no warranty or representation to you with respect to them.
14.3 In particular, DooShare does not represent or warrant to you that:
15. Limitation of Liability:
15.1 Nothing in these Terms shall exclude or limit DooShare's liability for losses which may not be lawfully excluded or limited by applicable law.
15.2 Subject to the overall provision in paragraph 15.1 above DooShare shall not be liable to you for:
16. General Legal Terms:
16.1 The Terms constitute the whole legal agreement between you and DooShare and govern your use of the Services and completely replace any prior agreements between you and DooShare in relation to the Services.
16.2 You agree that DooShare may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the DooShare website.
16.3 You agree that if DooShare does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DooShare has the benefit of under any applicable law), this will not be taken to be a formal waiver of DooShare's rights and that those rights or remedies will still be available to DooShare.
16.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.5 You acknowledge and agree that each member of the group of companies of which DooShare may be a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
16.6 The Terms, and your relationship with DooShare under the Terms, shall be governed by English law. You and DooShare agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that DooShare shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
17. Reporting Intellectual Property Infringements:
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights.
The following outlines how to report a listing, an ad, or video to DooShare that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through DooShare's Infringement Notification Program.
---------------------------------------Copyright Infringement Notification---------------------------------
To file a copyright infringement notification with us, you will need to send a written communication to us with all of the following information in it, using this format:
---------------------------------------Copyright Counter Notification---------------------------------
To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please understand that filing a counter notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. So, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.
Elements of Counter Notification:
To expedite our ability to process your counter notification, please use the following format (including section numbers):
What happens next?
After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant. We may then reinstate the material in question at our discretion.
*If you have questions about the originating locale of the complaint against your video, please click the button to email the site administrator.
Please use the flagging system to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off DooShare if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies.
However, whether we decide to take any of these steps, remove hosted content or keep a user off DooShare or not, we do not accept any liability for monitoring DooShare or for unauthorized or unlawful content on DooShare or use of DooShare by users.
Some of DooShare's features may display your ad on other sites that are part of the DooShare distribution platform. By using DooShare, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions where your ad is posted.
19. Fees and Services:
Browsing, searching, viewing and responding to ads on DooShare is free. However, to post ads on DooShare requires a user to purchase credits or one of our 'all-you-can-eat' subscription packages. If the service you use requires a payment of credits, you'll be able to review and accept that charge. Users with an ACTIVE subscription may post freely to the site for the duration of the of their ACTIVE subscription. Our fees to purchase credits and subscriptions are quoted in U.S. Dollars, and we reserve the right to change the fee policy from time to time. Changes to our fee policy will be posted here: Fee Policy. We may choose to temporarily change our fee policy for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. We proudly use PayPal to process all payments for purchase of credits, subscriptions, and services available on our site. Activation of account credits, subscriptions and services are contingent upon a confirmed PayPal payment by a DooShare account representitive. If payment fails in any way, credits, subscriptions and services will be suspended until matters are cleared up. Users will be notified via email of all account, credit, subscription or service suspensions.
DooShare contains content from us, you, and other users. You agree not to copy, modify, or distribute DooShare, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights to host and display your content.) If you believe that your rights have been violated, please notify us and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party’s rights.
You agree not to hold DooShare employees, management and executives responsible for things other users post or do. As most of the content on DooShare comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of DooShare, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) One-Hundred ($100) U.S. Dollars.
Effective Date: 3 June 2009
DISCLAIMER: WE ARE NOT YOUR LAWYERS AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.