Last Updated - 01 December, 2015
Dockbit provides a service to its users, via the Dockbit website and domain name offered from time to time (collectively, the "Website") and/or the Dockbit mobile application (the "Application" and together with the Website, the "Dockbit Service"). The Dockbit Service is owned and operated by Dockbit Inc., a Delaware corporation ("Dockbit", "we" or "us").
Your use of the Dockbit Service is subject to the terms and conditions set forth in these Terms of Service (the "Terms of Service").
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE DOCKBIT SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE DOCKBIT SERVICE. USE OF THE DOCKBIT SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
The Dockbit Service is meant for those at least thirteen (13) years of age. Use of the Dockbit Service by anyone under the age of 13 is a violation of the Terms of Service. If you are under the age of 18, you represent that you have the consent of a parent or legal guardian to use and access the Dockbit Service.
We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of the Dockbit Service. The "Last Updated" date at the top the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use the Dockbit Service, you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. We recommend that you review the Terms of Service prior to each use of the Dockbit Service. In addition, when using particular services or features on the Dockbit Service, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.
Use of the Dockbit Service is subject to the terms of our Privacy Policy found at https://dockbit.com/site/privacy, which is hereby incorporated into and made part of these Terms of Service. Please carefully review our Privacy Policy. By using or accessing the Dockbit Service, you agree to be bound by the terms of our Privacy Policy.
You acknowledge that all materials on the Dockbit Service, including the Website design, Application design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Dockbit and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Dockbit authorizes you to view, download and/or print the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Dockbit or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Dockbit Service are the sole property of Dockbit and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Dockbit and/or its licensors. Dockbit reserves the right to enforce its intellectual property rights to the fullest extent of the law.
For the avoidance of doubt, your use of the Dockbit Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Dockbit Service are either the property of Dockbit, its affiliates or licensors. Dockbit retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by Dockbit to you are fully reserved by Dockbit, its advertisers and licensors.
Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Dockbit Service may not be owned by us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Dockbit Inc., the Dockbit Service, our products and services, the Website and/or the Application.
Links provided via the Dockbit Service to third party websites and services are provided only as a convenience. If you use these links, you may leave the Dockbit Service. Dockbit does not control nor endorse any such third party websites. You agree that the Dockbit Parties, as defined below, will not be responsible or liable for any content, goods or services provided by such third party websites or for your use or inability to use such third party websites. You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through the Dockbit Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are advised that other websites on the Internet, including third party websites linked from the Dockbit Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Dockbit expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
You may be required to establish an account in order to use the Dockbit Service and/or take advantage of certain features. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Dockbit Service; and (b) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Dockbit has reasonable grounds to suspect that such information is false, inaccurate or outdated, Dockbit has the right to suspend or terminate your account and prohibit any and all current or future use of the Dockbit Service by you.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share accounts for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Dockbit Service, including charges resulting from unauthorized use of your account.
You agree to use the Dockbit Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Dockbit Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to use the Dockbit Service in any manner that interferes with its normal operation or with any other user’s use of the Dockbit Service.
You may not do any of the following while accessing or using the Dockbit Service: (i) access, tamper with, or use non-public areas of the Dockbit Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Dockbit Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Dockbit Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Dockbit Service, or otherwise creating an undue burden on the Dockbit Service.
You may not use manual or automated software, devices, or other processes to "crawl", "scrape", or "spider" any page of the Dockbit Service. Except for any code identified as "open source" by us, You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Dockbit Service.
You further agree that you will not access the Dockbit Service by any means except through the interface provided by Dockbit for access to the Dockbit Service. Running or displaying the Dockbit Service, or any information or material displayed via the Dockbit Service in frames or through similar means on another website or application without the prior authorization of Dockbit is prohibited. Any permitted links to the Dockbit Service must comply with all applicable laws, rule and regulations.
Dockbit makes no representation that Materials contained, described or offered via the Dockbit Service are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the Dockbit Service and reside outside the United States do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Dockbit Service from any territory where its contents are illegal, and that you, and not the Dockbit Parties, are responsible for compliance with applicable law.
The Dockbit Service allows you to integrate and create commands for various online third-party services ("Third-Party Services"). In order to take advantage of this feature, you may need to authenticate, register for or log into Third-Party Services through the Dockbit Service or on the websites of their respective providers. When you enable linking between or log in to Third-Party Services through the Dockbit Service, we will collect relevant information necessary to enable the Dockbit Service to access that Third-Party Service and your data and content contained within that Third-Party Service ("Login Credentials"). We store your Login Credentials long enough to enable linking to the Third-Party Service.
When you enable the Dockbit Service to link content and data between Third-Party Services, the Third-Party Services will provide us with access to certain information that you may have provided to the Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy and the rules you set to govern the linking. However, please remember that the manner in which Third-Party Services use, store and disclose your information is governed by the policies of such Third-Party Services, and Dockbit shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Services that may be enabled within the Dockbit Service.
We may retain certain personally non-identifiable information related to the data or content linked between Third-Party Services (for example, date sent, link configuration, names of the Third-Party Services), for the purpose of improving the Dockbit Service.
Dockbit will use reasonable efforts to ensure that the Dockbit Service is available twenty-four hours a day, seven days a week. However, there will be occasions when the Dockbit Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Dockbit to minimize such disruption where it is within Dockbit’s reasonable control. You agree that Dockbit will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Dockbit Service.
Dockbit may elect to provide you with support or modifications for the Dockbit Service (collectively, "Support"), in its sole discretion, and may change, reduce or terminate such Support at any time without notice to you. Dockbit reserves the right to charge fees for Support.
Some features of the Dockbit Service may only be accessed and used upon the payment of applicable fees ("Fees"). Fees may vary depending on usage in accordance with our current pricing policy. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Refunds are processed in our sole discretion. Any upgrade or downgrade in your use will result in the new Fees being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your use may cause the loss of features or capacity of your account. Dockbit does not accept any liability for such loss.
Dockbit reserves the right to charge fees for future use of or access to the Dockbit Service for which there is currently no charge, and to change fees for the future use of or access to the Dockbit Service for which there are currently fees.
All Content is the sole responsibility of the person who originated such content. You acknowledge that all Content transmitted or accessed by you using the Dockbit Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all Content that you transmit in connection with the Dockbit Service, and you warrant that you possess all rights necessary to provide such Content. We reserve the right to remove any objectionable Content in our sole discretion. You understand that by providing Content publicly in connection with the Dockbit Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such Content (including all related intellectual property rights) in connection with our business.
For purposes of these Terms of Service, the term "Content" includes, without limitation, any information, text, reviews, videos, audio clips, comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Dockbit Service.
You may terminate your use of the Dockbit Service at any time. You agree that Dockbit may terminate or suspend your access to all or part of the Dockbit Service, with or without notice, in our reasonable discretion. Dockbit reserves the right to modify or discontinue the Dockbit Service (or any part thereof) with or without notice. Following the termination or cancellation of your subscription to the Dockbit Service and/or your account, we reserve the right to delete all your data in the normal course of operation.
You expressly represent, warrant, and/or acknowledge that:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE DOCKBIT SERVICE IS AT YOUR SOLE RISK. THE DOCKBIT SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, DOCKBIT, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE "DOCKBIT PARTIES"), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DOCKBIT PARTIES MAKE NO WARRANTY THAT: (I) THE DOCKBIT SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE DOCKBIT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE DOCKBIT SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING ALL MERCHANDISE, GOODS AND SERVICES, OBTAINED OR PURCHASED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE DOCKBIT SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE DOCKBIT SERVICE WILL BE CORRECTED.
THE DOCKBIT PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE DOCKBIT SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE DOCKBIT SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE DOCKBIT SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE DOCKBIT SERVICE OR BETWEEN A USER OF THE DOCKBIT SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE DOCKBIT SERVICE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE DOCKBIT PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOCKBIT AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE DOCKBIT SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE DOCKBIT PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE CHARGES PAID BY YOU DIRECTLY TO DOCKBIT VIA THE DOCKBIT SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY DOCKBIT TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You agree to indemnify, defend and hold harmless the Dockbit Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Dockbit Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Dockbit Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Dockbit Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Dockbit, and its employees, officers, agents, or other partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Dockbit Service. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Your use of the Dockbit Service is governed by and will be enforced under the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York, New York. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Any controversy, claim, suit, injury or damage arising from or in any way related to the Dockbit Service or these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Dockbit. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. Dockbit may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE DOCKBIT SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
The foregoing information may be emailed to legal@dockbit.com or mailed to our Copyright Agent at the following address:
Copyright Agent – Dockbit Inc.
340 S LEMON AVE #5441
WALNUT, CA 91789
UNITED STATES
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the user responsible for posting said material. The posting of infringing copyrighted material may result in the termination of user privileges of such user.
The Dockbit Service may be subject to United States export controls. No part of the Dockbit Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Dockbit Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms of Service constitute the entire agreement between Dockbit and each user of the Dockbit Service with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Dockbit Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.
We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
No action arising out of these Terms of Service or your use of the Dockbit Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us at legal@dockbit.com.