Welcome to the Doocu.com (owned and operated by Doocu Inc.) content management and file download platform consisting of web sites, services, software applications and networks that allows for the authorized download and distribution of written digital content over the internet (the "Doocu Platform").
The Doocu Platform is not available to persons under the age of 13 or to any users previously suspended or removed from the Doocu Platform by Doocu. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE Doocu PLATFORM, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE Doocu PLATFORM. The content on the Doocu Platform is only available for personal noncommercial use for end users only, any other use is prohibited.
When using the Doocu Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
Doocu reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Doocu Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Doocu Platform. We will always make a reasonable effort to notify You if we do change these Terms.
Please note that since we respect authors’ and content holders’ rights, it is Doocu’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to Doocu's DMCA Notification Guidelines. Please note that Doocu will promptly terminate without notice any User's access to the Doocu Platform if that User is determined by Doocu to be a "repeat infringer.” A repeat infringer is a User who has been notified by Doocu of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the Doocu Platform more than twice.
Content is uploaded at Your own risk. Notwithstanding any obligations hereunder of Doocu to protect User Content with security measures, Doocu cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will Doocu be liable for any copying or usage of the User Content not authorized by Doocu.
Doocu reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Doocu Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
You retain all of Your ownership rights in User Content owned by You.
Unless otherwise agreed to in a separate written agreement between You and Doocu that was signed by an authorized representative of Doocu:
a) By distributing or disseminating User Content through the Doocu Platform, You hereby grant to Doocu a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by Doocu. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 7.3, below, the license granted by You in Section 7.2(a), above, terminates as to a specific piece of User Content once You remove or delete such User Content from the Doocu Platform.
c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.
By distributing or disseminating User Content through the Doocu Platform, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive, personal license to view and download such User Content in the manner contemplated by these Terms and the Doocu Platform. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Doocu Platform provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Doocu Platform survive any termination or expiration of the license granted in this section 7.3.
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
(2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and
(3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
BY USING THE Doocu PLATFORM YOU AGREE NOT TO:
When You use the Doocu Platform to upload and/or download content or any products, services, or information from Doocu, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to Doocu on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Doocu. You may be liable for the losses incurred by Doocu or others due to any unauthorized use of Your Doocu Platform account.
The Doocu Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Doocu does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Doocu Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
You agree that Doocu, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Doocu or Your use of the Doocu Platform and remove and discard all or any part of Your account, User profile, and any User Content, at any time. Doocu may also in its sole discretion and at any time discontinue providing access to the Doocu Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Doocu Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Doocu will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Doocu may have at law or in equity. As discussed herein, Doocu does not permit copyright infringing activities on the Doocu Platform, and will terminate access to the Doocu Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
Subject to section 7.3 above and the Doocu Document Store Terms upon termination of this agreement by You or Doocu, Doocu will discontinue prospective hosting and distribution of Your User Content.
You agree to indemnify, save, and hold Doocu, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Doocu Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Doocu reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Doocu, and You agree to cooperate with Doocu's defense of these claims. Doocu will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Doocu, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Doocu OR THROUGH THE Doocu PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM Doocu INCLUDES Doocu'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
YOU EXPRESSLY AGREE THAT THE USE OF THE Doocu PLATFORM IS AT YOUR SOLE RISK. THE Doocu PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Doocu PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Doocu, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE Doocu PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Doocu, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Doocu PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE Doocu PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY Doocu HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT “AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Doocu OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE Doocu PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH Doocu, EVEN IF Doocu OR AN Doocu AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL Doocu OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE Doocu PLATFORM OR YOUR INTERACTION WITH OTHER Doocu PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Doocu PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN Doocu AND RECEIVED THROUGH OR ADVERTISED ON THE Doocu PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT Doocu HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Doocu, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Doocu. Doocu WOULD NOT BE ABLE TO PROVIDE THE Doocu PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Doocu may provide You with notices, including those regarding changes to Doocu's terms and conditions, by email, regular mail, or postings on the Doocu Platform. Notice will be deemed given twenty-four hours after email is sent, unless Doocu is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Doocu Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Doocu Platform is deemed given 30 days following the initial posting.
The failure of Doocu to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Doocu.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or Doocu will be filed only in the state or federal courts in and for Santa Clara County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.5, and 7-17.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between You and Doocu relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Doocu as set forth in section 4 above.
YOU AND Doocu AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Doocu PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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