DOCCASTER TERMS OF SERVICE

1. INTRODUCTION

 

1.1 Doccaster, Inc. ("Doccaster") operates a platform for the introduction and connection of people in professional environments via internet, cellular networks or other electronically means of communications (the "Platform").

1.2. In this Agreement the following terms have the following meanings unless the context requires otherwise:

"We, Us, Our" means Doccaster, Inc.

"You, Your, Yourself" means the person who uses the Service, accepts the terms and conditions of this Agreement and whose registration application is accepted by Us.

"Service" means the services, applications or uses provided, enabled or offered by the Doccaster Platform as amended, supplemented modified, updated and/or upgraded from time to time.

"User" means any person or entity using the Service.

1.3.          This agreement sets forth the legally binding terms and conditions for the use of the offered by Doccaster, as amended from time to time in the manner set forth herein (the "Agreement"). By downloading and/or installing the Doccaster platform and/or using our Service, you become a 'User' and agree to enter into a legally binding agreement with Doccaster, explicitly confirm your acceptance of the terms of the Agreement associated with the Service and the terms and conditions set forth herein (the "Terms of Use"), and consent to abide thereby.

1.4.          You are solely responsible for ascertaining whether it is legal in your jurisdiction to use the Service before using the Service. By using the Service You confirm you have verified the laws in your jurisdiction and that the use of the Service does not violate any applicable law in your jurisdiction. Please consult a legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the application under the laws of the jurisdiction which applies to you.

 

1.5.          You further agree to comply with all domestic and international laws, statutes, ordinances and regulations regarding your use of our application and Service and your submission of acceptable public information. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data.

2. ELIGIBILITY.

2.1.          The Service is available to all individuals who are at least 18 years of age. By downloading or installing the Doccaster Platform, registering and using our Services, you represent and warrant that you are at least 18 years of age.

2.2.          We reserve the right, in our sole discretion, to suspend or terminate your use of our Service, refuse any and all current or future use of all or any portion of our Service and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

3. REGISTRATION.

3.1.          We do not charge you for downloading or installing the Platform; however, we reserve the right to charge for the application, future releases and/or certain features enabled by the application at a future date with or without notice.

3.2.          As a condition to using certain aspects of the Service, you are required to register with Doccaster and provide Doccaster with accurate, truthful and complete registration information, including without limitation your name ("User Name"), e-mail address and a password you will use to access the Service. You are further required to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Doccaster account.

3.3.          You acknowledge and agree that, when registering, certain user information associated with your email may be imported from your profile on other data bases or third party applications. You further agree that following your registration for the Service, your profile may be updated with information associated with your email address and previously provided in connection with your registration for, or participation in, an event utilizing the Service.

3.4.          You acknowledge that you alone are responsible, at all times, for verifying and maintaining your user information correct and accurate, irrespective of the source of such information.

3.5.          By downloading the application and using the Service, you agree to receive push notifications, messages, e-mails, text messages and/or any other means of communication format.

3.6.          You agree that we may use your information to contact you and to deliver information to you that, in some cases, is targeted to your interests. By accepting this Agreement, you expressly agree to receive this information.

3.7.          Doccaster reserves the right to refuse registration of, or cancel a User Name or cancel a registration in its sole discretion. You are solely responsible for activity that occurs on your account and for maintaining the confidentiality of your Doccaster password. You shall never use or access other users' accounts without receiving their express permission. You shall immediately notify Doccaster of any unauthorized use of your account, or other related security breach of which you are aware.

4.          DISCLOSURE OF USER INFORMATION.

4.1.          The primary purpose of the Service is to enable the introduction and connection between people in a business environment. Therefore, you acknowledge, consent and agree that any and all information submitted by you (initially and/or at any later time) may be stored on Doccaster's database, and that certain information including without limitation your picture (if provided), name, company and position, may be publicly presented in Doccaster's application, website, etc, or otherwise made accessible to third party subscribers to the Doccaster Service.

4.2.          Without derogating from the above, Doccaster may access, preserve and disclose your registration, location, and any other information you provide for analytics of patterns, different calculations, advertisement and transfer of anonymous data to third parties. 

5. USER'S RIGHTS.

On the condition that you comply with all your obligations under this Agreement, Doccaster grants you limited, revocable, non-exclusive, non-assignable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Doccaster), view information and use the Service that Doccaster provides via the use of its application and in accordance with this Agreement and within the scope of your authorization.

6. RESTRICTIONS

In consideration of your use of our Services, you undertake that you shall not:

6.1.          Impersonate any person or entity or use false, misleading or fraudulent information;

6.2.          Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

6.3.          Use a User Name that is otherwise offensive, vulgar or obscene;

6.4.          Use information which is defamatory, trade libelous, unlawfully  threatening or unlawfully harassing;

6.5.          Use information which is obscene or contains any form of pornography;

6.6.          Provide information or content which contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or personal information;

6.7.          Create or access an account for anyone other than yourself without permission;

6.8.          Post or transmit any content that you do not have the right to post or transmit;

6.9.          Store, use, sell, transfer or make any commercial use and/or any other use of the data received from Doccaster other than the intended Service provided by the application.

6.10.       Take any action that imposes or may impose, as determined by Doccaster within its sole discretion, an unreasonably or disproportionately large load on the infrastructure of Doccaster or its third party providers;

6.11.       Interfere with or disrupt or attempt to interfere with or disrupt the proper working of the Service or any activities conducted in connection with the Service;

6.12.       Bypass or attempt to bypass any measure Doccaster may use to prevent or restrict access to the Service or any part thereof (or other accounts, computer systems or networks connected to the Services);

6.13.       Run any form of auto-responder or "spam" on the Service;

6.14.       Use manual or automated software, devices, or other processes to "crawl" or "spider" any page on the Doccaster website;

6.15.       Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;

6.16.       Using the contact information of other Users for the purpose of disseminating to those other users unsolicited commercial messages.

6.17.       Directly or indirectly, decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, or attempt to do any of the foregoing except to the limited extent applicable laws specifically prohibit such restriction;

6.18.       Directly or indirectly, modify, translate, or otherwise create derivative works of any part of the Service;

6.19.       Directly or indirectly, copy, rent, lease, distribute or otherwise transfer any of the rights received hereunder.

7. MOBILE SERVICES.

Doccaster may offer the Service through mobile applications created by it or third party developers. If you use the Service through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that, to the extent you import any of your Doccaster data to your mobile device, you have authority to share the transferred data with your mobile carrier or other access provider. You acknowledge your responsibility for all charges and necessary permissions related to accessing Doccaster through your mobile access provider. Therefore, we recommend that you check with your provider to find out if the Service is available.

8. USER CONTENT

8.1.          As part of the Services, We enable Users, event organizers and affiliated websites owned and operated by third parties and connected to our Service via APIs, to upload information, material, content and the like to the Service ("User Content"). The User Content will not be private and may be available to all or part of the Users. 

8.2.          By submitting User Content to, on or through the Service you represent, warrant and confirm that: (i) you are the exclusive author of the User Content and the User Content is your original work and is not copied in whole or in part from any other work; or (ii) you have obtained all necessary rights, licenses and/or permissions required for the use, uploading, publication or any other form of exploitation of the User Content in the manner contemplated by the Service, including without limitation permissions relating to copyrights, trade names trademarks, rights of publicity and/or rights of privacy; and (iii) the User Content is not libelous, obscene or otherwise in violation of this Agreement.

8.3.          By submitting User Content to, on or through the Service, you grant both Doccaster and the event organizer to which the information pertains, and irrevocable, royalty-free, worldwide, perpetual right and license to publicize, display, distribute, reproduce, transfer, disseminate, use, to, on or through copy, modify, archive, store, and create derivative works based upon such User Content, in any form, media or technology of any kind whether now existing or developed in the future.

8.4.          Without limiting the generality of the previous sentence, you agree and authorize us and our affiliates and business partners to: (i) share the User Content across all affiliated Web sites, and, in our discretion, to use your name and any other information in connection with its use of such User Content; (ii) allow and enable other Users or event organizers to make use of User Content uploaded or inserted by yourself and stored on our database, for the purposes of other events utilizing our Services.

8.5.          All rights granted in this section are granted by you without the need for, or right to consideration, remuneration or compensation of any kind or sort to you.

8.6.          You acknowledge that the Services include, among others, a feature enabling an event organizer to "claim its venue" or "claim its event" in respect of User Content pertaining to its event. This feature enables an event organizer to assume control over such User Content, to the exclusion of your control, regardless of the source of such User Content. BY uploading User Content relating to an event you agree that the event organizer may, without limitation, edit, modify, supplement, remove, delete or otherwise introduce a change to such User Content. The exercise of such right shall not relieve or absolve a User from responsibility or liability with respect to any User Contract, posted or uploaded by such User.

You acknowledge and agree that Doccaster assumes no obligation to verify or authenticate the identity, genuineness, right or proprietorship of the User "claiming the venue" or "claiming the event" nor do we assume any responsibility or liability in connection with the use of such feature by the event organizer or any third party purporting to be the event organizer or any consequence thereof.

8.7.          Without limiting other remedies, we may limit, suspend or terminate our Service or any part thereof, delay or remove hosted content, and take technical and legal steps to keep Users off the service if we think that they are misusing the Service or exposing Us or any other User to potential liability.

8.8.          You may be held liable for any illegal or prohibited User Content made accessible on or through the Service or to other Users, including, for example, infringing, defamatory, or offensive materials.

8.9.          The Service is available for all Users to enjoy, you may not, under any circumstances, and hereby represent, warrant and undertake that you will not, post, transmit, e-mail or otherwise make accessible to, on or through the Service any User Content that:

8.10.       We respect the rights of others, and require that when using our Service you do the same. Accordingly, you may not, and hereby undertake not to, upload, embed, post, e-mail, transmit, disseminate, or otherwise make public or available using the Service any User Content that:

8.10.1.  Infringes the rights of any third party including without limitation any third party's intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights;

8.10.2.  Is false, misleading or fraudulent;

8.10.3.  Is offensive, vulgar or obscene, defamatory, libelous, unlawfully  threatening or unlawfully harassing; pornographic, abusive, disparaging, pedophilic, harmful, threatening, contains hate propaganda or promotes discrimination or violence against any person or entity or is otherwise malicious or unlawful;

8.10.4.  Violates or is invasive of the privacy of others;

8.10.5.  Promotes illegal activities or conduct; provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;

8.10.6.  Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;

8.10.7.  Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by Freedom or any other party;

8.10.8.  Otherwise violates any law, statute or regulation or third party right.

8.11.       Doccaster may restrict, suspend, or remove any User content or any part thereof, or remove content if in Doccaster discretion, the content violates any of the terms and conditions of this Agreement.

8.12.       Given the nature of the Service and the volume of User Content We receive, we cannot and do not monitor all User Content or other materials posted or transmitted by users and third-party information providers

8.13.       Please note that ideas you post and information you share may be seen and used by other Users or users of Our Service, We cannot guarantee that other Users will not use the ideas and information that you share on Doccaster. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post on the Service

8.14.       DOCCASTER  IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU UPLOAD TO THE SERVICE OR POST IN ANY DOCCASTER COMMUNITY FORUMS.

8.15.       We do not necessarily endorse, support, sanction, encourage, verify, or agree with any User Content posted using the Service. Any such statements are the views and responsibilities of those who posted or uploaded them, and do not necessarily represent our views. You agree that We are not and shall not be responsible nor shall we have any liability to you whatsoever, with respect to any such statements.

9. THIRD PARTY SITES AND SERVICES.

Doccaster may include links to third party websites, resources or services on the Internet ("Third Party Sites"). You are responsible for evaluating whether you want to access or use Third Party Sites as such access is done at your own risk. The inclusion of any such link does not imply endorsement by Doccaster or any association with its operator. These websites are not under Doccaster's control, and you acknowledge that Doccaster is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You further acknowledge and agree that Doccaster shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

10. MODIFICATION OF TERMS OF USE.

Doccaster reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or modify, change, suspend or discontinue the Service, including without limitation, the availability of any database, content or feature at any time without or without notice. Doccaster may also restrict your access to all Service or any part thereof, or limit use of certain features without notice or liability. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of the changes made.

11. TERM AND TERMINATION.

11.1.       This Agreement shall remain in full force and effect while you use the Service and/or are a User. You may terminate your subscription for the Doccaster Service at any time, for any reason with notice to Doccaster. Doccaster can terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your User.

11.2.       Any fees paid hereunder for services, either on a one-time or subscription basis, are non-refundable upon termination.

11.3.       All provisions of the Terms of Use, which by their nature should survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall remain in full force and effect.

12. INDEMNIFICATION.

You undertake to hold harmless, defend and indemnify Doccaster, its affiliates, employees, contractors, directors, suppliers, distributors and representatives from all liabilities, claims and expenses, including without limitation reasonable attorney's fees and costs, that arise from or relate to your use or misuse of, or access to, the Doccaster Service or otherwise from your User submissions which violate third party rights or applicable laws, violations of the Terms of Use or infringement by you or any third party using your account.

13. LIMITATION OF LIABILITY.

Doccaster, its affiliates, employees, contractors, directors, suppliers, distributors and representatives shall not be liable under contract, tort, strict liability, negligence or any other legal or equitable relief with respect to the Service for:

13.1.       Any lost profits, data loss, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever (however arising);

13.2.       Any bugs, viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or personal information or any unsolicited commercial e-mail, chain letters, or the like (regardless of the source or origin)

13.3.       Any direct damages in excess, in an aggregate, of US $ 100.

14. WARRANTY DISCLAIMER.

14.1.       Doccaster provides the Service on an "as is" basis and grants no warranties of any kind, expressed, implied or statutory, in any communication with our representatives, us or otherwise with respect to the Service. To the fullest extent permissible under applicable law, we specifically disclaim any implied warranties of merchantability or fitness for a particular purpose.

14.2.       Further, we do not warrant that your use of the Service will be secure, uninterrupted, always available or error-free at any particular time or location, that any content or software are available at or through the Service is free of viruses or other harmful components, that the Service will meet your requirements or that any defects in the Service will be corrected. We disclaim liability for, and no warranty is made with respect to connectivity and availability.

14.3.       Doccaster is not responsible or liable, and makes no representations or warranties for the delivery of any messages sent through Doccaster to anyone and is not responsible for any loss of user information stored on its database.

14.4.       Doccaster will not assume any fiduciary duty and/or special relationship with respect to its Users.

14.5.       You acknowledge and agree that you download or otherwise obtain material or data through the use of our application at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

14.6.       Your correspondence or business dealings with other Doccaster Users, including payment and related services, and any other terms conditions, warranties or representations associated with such dealings, are solely between you and other Users of Doccaster.

15. DISPUTE RESOLUTION.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware which is located in the Untied States of America. Any dispute, controversy or claim arising out of or relating to this Agreement, or any breach thereof, including without limitation any claim that this Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void, shall be submitted, to the exclusive jurisdiction of the competent courts in Kent County, Delaware. Insofar as the laws of another country apply, the Agreement shall be modified to the minimum extent necessary in order to accommodate the laws of such country.

16. INTEGRATION AND SEVERABILITY.

The Terms of Use with respect to the Service supersede all prior or contemporaneous communications and proposals (oral, written and electronic) between you and Doccaster. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain enforceable.

Copyright Policy

Doccaster, Inc. Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c), all notifications of claimed copyright infringement relating to content posted on this website should be sent to our Designated Agent, as set forth below.

Note: The following information is provided exclusively for notifying the service provider referenced below that your copyrighted material may have been infringed. Do not send any inquiries unrelated to copyright infringement (e.g., Do not send requests for technical assistance or customer service, reports of e-mail abuse, etc.) to the contact listed below. You will not receive a response to such inquiries if sent to that contact. Under federal law, if you knowingly make a material misrepresentation that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys fees incurred by us, by any copyright owner, or by any copyright owner's licensee that is injured as a result of our relying upon your misrepresentation.

Written notification must be submitted to the following Designated Agent:

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include, substantially, the following:

An electronic or physical signature of the owner, or of a person authorized to act on behalf of the owner, of the exclusive copyright interest that was allegedly infringed. The individual signing is sometimes referred to herein as "you."

Identification of the copyrighted work (or works) that you claim has (or have) been infringed.

The location where the original, or an authorized copy of the copyrighted work, exists (for example, the URL of a web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.).

A description of the material that you claim is infringing

A clear description of where the infringing material is located on our website, including its URL, so that we can locate the material.

The name, address, telephone number, and e-mail address of the owner.

A statement 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.