THESE TERMS GOVERN YOUR ACCESS AND USE OF THE SERVICES AND CONSTITUTE A BINDING AGREEMENT BETWEEN YOU (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT) AND DOCK. YOUR ACCESS TO OR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO THIS AGREEMENT AND YOUR REPRESENTATION THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). IF YOU DO NOT ACCEPT THESE TERMS STATED HERE, DO NOT USE THE SERVICES.
Dock reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to the Site. You should visit this page periodically to review the most current Terms, because they are binding on you. By continuing to access or use the Services after updated Terms have been posted, you agree to be bound by the updated Terms.
The Services are available only for individuals who are 18 years or older. If you are under the age of 18, then you agree to review the Terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to the Terms. You agree to have your parent or guardian review and accept the Terms on your behalf. If you are a parent or guardian agreeing to the Terms for the benefit of anyone under 18, then you agree to and accept full responsibility for that person’s use of the Service, including all financial charges and legal liability that he or she may incur. If you are under 16 years of age, you are not authorized to use the Services.
1. Our Services
Dock is an application for issuing and sharing records in the form of badges or certificates, as well as storing these credentials in the Dock Wallet. In addition, you are able to access and provide verification reports about your identity and background, as well as use a suite of data protection applications. Users seeking to maintain and update their data on the Dock app and share their data (“Users”, “Consumers”, Professionals”). Dock contains features that enable Professional talent and Clients to do, among other things, the following: importing and updating digital credentials, storing digital credentials via the Dock Wallet, purchasing background checks and education checks, and protecting online data. Organizations can use Dock to manage, issue, and revoke digital credentials to their members or earners ("Organizations") using the SaaS platform provided by Dock.
You may use the Services for your personal and business use or for internal business purpose in the entity that you represent, as long as you are in compliance with all provisions of this Agreement. For purposes of this Agreement, “Content” means all content contained in the Site and Services that Dock has rights to use, display, publish or otherwise process (as described below) including all text, images, designs, graphics, information, logos, downloadable content, software and any other content contained therein and all related patents, copyrights, trademarks, service marks, intellectual property and/or other proprietary information of Dock.
We reserve the right, in our sole and absolute discretion, to modify, replace, refuse access to, suspend or discontinue the Site or the Services, partially or entirely, without prior notice. You agree that we will not be liable to you or any third party for any such modifications, suspensions or discountenance of the Site or the Services, or any part thereof. We further reserve the right to withhold, remove and or discard any of Your Content (defined below) available as part of your Account (defined below), with or without notice if deemed by us to be contrary to this Agreement or a violation of law. We have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Services, except to the extent required by applicable law.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access our Site or the Services does not necessarily mean that your use thereto are legal under relevant laws, regulations and directives.
You agree that we will not be liable to you or any third party for any such modifications, suspensions or discountenance of the Site or the Services, or any part thereof. We further reserve the right to withhold, remove and or discard any of Your Content (defined below) available as part of your Account (defined below), with or without notice if deemed by us to be contrary to this Agreement or a violation of law. We have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Services, except to the extent required by applicable law.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access our Site or the Services does not necessarily mean that your use there to are legal under relevant laws, regulations and directives.
For as long as we continue to offer the Services, we will provide and seek to update, improve and expand the Services. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any of Your Content available as part of your Account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
Application Specific Terms
Description of Service for Integrated Applications
As an application integrating, users may share data from Dock and/or other applications that have added data to their Dock profile with your application. Dock makes no guarantees towards the accuracy, verification, or assessment of the data that is provided through the applications.
YOU UNDERSTAND THAT DOCK DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS (ALTHOUGH IT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS).
Dock retains full discretion over which third-party applications can be provided to users to share and access their data on Dock and makes no guarantees that an application integrated with Dock will be shared in the user interface of a user’s account.
In connection with accessing and using the Services (including creating an Account with us), you may provide to us information, data, text, software, photographs, graphics, messages or other materials uploaded, transferred, transmitted, posted or stored, including without limitation third party contact data and other personal information (“Your Content”). Dock does not own nor claim ownership of Your Content and you are legally responsible for Your Content and the applications which are able to access and update that data to the Dock application.
You acknowledge that we do not pre-screen Your Content or the content of third parties; however, we reserve the right (but not the obligation) in our sole discretion to refuse or remove any of Your Content or the content of third parties that is available via the Services. Without limiting the foregoing, we shall have the right in our sole discretion to remove any of Your Content that violates this Agreement or is otherwise objectionable as determined in our sole discretion.
Furthermore, you agree that we are not responsible for third parties’ (including other users’) content or for any damages as result of your use of or reliance on it. In providing the Services, we obtain and rely on certain information from third parties and third party software and applications. We cannot guarantee the accuracy or completeness of such data.
Any downloads of software from authorized third party websites which enable you to access and use the Services, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (the “Software”) is licensed to you by third-party licensors for your personal use. You shall keep intact all copyright and other proprietary notices and your use of such Software is strictly subject to the terms of this Agreement and any agreement accompanying the Software.
3. Registration; Account Management; Cancellation and Termination
Some functions of the Services require you to register with us and create an account (your “Account”), and as part of that process you will be requested to provide certain information, including without limitation your name and email address, and you may choose to provide additional information, such as your job title, company, age and photo, for your professional profile (all such information, collectively, “Registration Data”). By using the Services, you agree to:
- provide true, accurate, current and complete Registration Data as prompted by the registration process;
- maintain and promptly update the Registration Data to keep it accurate, current and complete;
- maintain the security and confidentiality of your password and any other security or access information used by you to access the Site or Services;
- ensure that you log out of the Services at the end of each session using the Services.
- refrain from transferring your Account on the Services to any other party without our prior consent;
- refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data; and
- immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Site or the Services or any other breach of security that you become aware of involving or relating to the Site.
We assume that any communications and other activities through use of your Registration Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Registration Data.
By providing your Registration Data to us, you hereby consent to us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to your use of the Site, the Services and related services, including further information and offers from us that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such content anymore.
You may update or delete information stored in your Dock Account at any time. You may also delete your Account through the Setting section of your Account. If you cancel the Services or delete your Account, your cancellation will take effect immediately. After cancellation, you will no longer have access to Your Content, your profile or any other information through the Services, all Your Content, your profile and other any information contained on our Site or through the Services. We accept no liability for such deleted information.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access our Site or the Services does not necessarily mean that your use thereto are legal under relevant laws, regulations and directives.
4. User Conduct
You may access and use the Site and Services only for its purposes as intended by the normal functionality of the Site and Services, as long as you are in compliance with all provisions of this Agreement. In connection with your use of the Site and the Services, you agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, our policies or the operational or security mechanisms of the Services, and without limiting the foregoing you may not:
use (i) the Site, (ii) the Services, or (iii) any Content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, services marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on the Site or Services to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
interfere with the access, use or enjoyment of this Site or the Services by others (including without limitation causing greater demand on the Services than is deemed by us reasonable, attacks such as “flaming” other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people;
harvest or otherwise collect non-public information about another user obtained through the Site or the Services (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
add a Site member to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet; use any Content except for the intended purposes of the Services and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Services without our prior written consent;
alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, the Services, any Content, or features;
access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services;
decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Services except if and to the extent permitted by applicable law;
copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Services, the Site or the Content;
use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Site);
fail to deliver timely payment for your purchases; use any meta tags or any other “hidden text” utilizing any trademarks or intellectual property owned or licensed by us;
create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not;
‘deep-link’, redistribute or facilitate the redistribution of Content;
abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services;
engage in cookie stuffing or include pop-ups, false or misleading links on your website, email or other communications, or attempt to mask the referring url information (i.e. the page from where the click is originating);
represent that you are acting on behalf of Dock or that you have the authority to enter into any agreement on behalf of Dock; and
make any representations or warranties regarding Dock or our Services.
We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any of Your Content or the content provided by third parties.
5. Data Verification Services
Some users may choose to obtain a background check or other means to verify their information and history. This can only be authorized by the individual who is the subject of the background check and can not be authorized by any other individual or company.
Dock may obtain information about you for the purpose of providing a verifiable professional profile offered by Dock Systems Inc. by which your credentials may be reviewed by recipients that with whom you share this report. Thus, you may be the subject of a consumer report, which may include, but is not limited to, public record information, employment, education and license verification, etc., depending on which reports you have selected. In addition, investigative consumer reports, as defined by the Fair Credit Reporting Act, may be obtained which are gathered from personal interviews with employers and other current or past associates, and may include information about your character, general reputation, personal characteristics, and/or mode of living.
The verification will be performed by a third-party service which will be communicated to user at the time of requesting the report, and will be delivered to the user in the form of a consumer report. Users may then opt to share their consumer reports with various individuals or companies and will be required to provide consent to share these profiles.
THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CANDIDATE FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER 15 U.S.C. §1681q OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH. IMPROPER ORDERING OF MOTOR VEHICLE RECORDS IS ALSO A CRIMINAL OFFENSE SUBJECT TO A FINE AND IMPRISONMENT UNDER THE DPPA. 18 U.S.C. §2723.
If these reports are used in the process of obtaining employment, viewers of the report understand that they are required to provide the user with:
- Notice that an adverse action is being considered;
- The name, address and telephone number of Dock; and
- Inform the individual that he/she is entitled to a free copy of the report and a right to dispute the record through Dock;
- A copy of the Screening Report; and A copy of the federal notice, A Summary of Your Rights Under the Fair Credit Reporting Act.
7. Proprietary Rights
All material and services available on the Site and through the Services, and all material and services provided by or through Dock, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, the Software, the Content, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by Dock or other parties that have licensed their material or provided services to Dock, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Dock trademarks and service marks, logos, slogans and taglines are the property of Dock. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or by Dock, without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
8. Release & Disputes with Others
You are solely responsible for your interaction with other users of the Services and other parties with whom you come in contact through the Services. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with one or more users of the Site or the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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.”
9. Links to Other Websites; Access to Other Accounts and Services
As part of the functionality of the Services, you may link your Account with online Accounts you may have with third party service providers (each such Account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third Party Accounts, you understand that (i) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend or contact lists, and (ii) such third party site or app may be able to access information on the Services related to you, Your Content and your connections. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Content for all purposes of this Agreement. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account on the Services and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any SNS Content. You acknowledge and agree that we may access your e-mail address book associated with a Third Party Account and your contacts lists solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to [email protected], we will deactivate the connection between the Services and your Third Party Account and delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.
10. Links to this Site
Subject to the terms of this Agreement and as long as this Agreement is not terminated, we grant to you, a nonexclusive, non-transferable, non-sublicensable right to display on your website a link to the Site's homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal. You may display our logo only in the form and size provided to you. You may not use our logo in any way that suggests that we endorse or sponsor your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content, or in any other way that we determine in our sole discretion reflects badly on Dock. All use of and goodwill associated with our logo shall inure to our benefit.
Any material, including without limitation, idea, knowledge, technique, marketing plan, information, questions, answers, suggestions, emails and comments, provided by you to us shall not be considered confidential or of a proprietary nature. In providing us with material, you authorize us to use it and any developments or derivatives thereto, according to our needs as determined in our sole discretion, including for public relations and promotion of the Site and the Services in the online and offline media, and all without requirement of any additional permission from you or the payment of any compensation to you. You also agree that (i) by submitting unsolicited ideas to us or any of our or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become the property of Dock. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to branded.me together with all intellectual property rights therein.
12. Disclaimers of all Warranties
THE CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE 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 ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABLE; (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY OTHER THAN US AND DISCLAIM ALL LIABILITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT PROVIDED BY US OR ANY OTHER PARTY IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
FURTHER, DOCK AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER DOCK NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS, THE SERVICES OR ANY E-MAIL OR OTHER COMMUNICATION SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or this Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL DOCK, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, (II) YOUR CONTENT OR (III) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS. We will provide you with written notice of such claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
15. Copyrighted Materials, Infringement Notices and Takedown
YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of users of the Services who infringe or are believed to be infringing the rights of copyright holders:
If you believe that any material contained on this Site infringes your copyright, you should notify this Site's Designated Agent listed below with the following information required under 17 U.S.C. § 512:
Name of Designated Agent: Dock Legal Department
Full Address of Designated Agent: 149 New Montgomery Street #425 San Francisco, CA 94105
Email Address to contact Designated Agent [email protected]
Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.
The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove content which in our sole judgment appears to infringe the intellectual property rights of another person.
16. Governing Law and Exclusive Courts
This Agreement will be governed by laws of the State of California without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts in California, USA, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under this Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Services. This Agreement comprises the entire agreement between you and us, states our and our suppliers' entire liability and your exclusive remedy with respect to the Site and Services, and supersedes all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of this Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
18. Contacting Us
If you have any concerns or questions about this Policy, please contact us at [email protected]