Hi! You are now reading dotstormings's Terms of Service, meaning the contract between you and dotstorming when you use dotstorming's site, services, and products. You should read this carefully before you use dotstorming. We've tried to be fair and straightforward. If you have any questions or suggestions, feel free to email us. We've also included several annotations ( in italics); these annotations aren't a part of the contract itself, but are intended to help you follow the text and emphasize key sections.
1. Accepting the Terms of Service
Please read these Terms of Service and our Privacy Policy (collectively, the "Agreement") carefully before using dotstorming.com (the "Site") and/or the other domains, products, services, and/or content provided by Deckard Designs. (all of those collectively with the Site, the "Services") (Deckard Designs, a Ontario company, collectively with its agents, consultants, employees, officers and directors, "dotstorming," "we," or "us"). By using or accessing the Services, you ("Subscriber" or "you") agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn't and aren't permitted to use the Services.
2. Modifications to this Agreement
dotstorming reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services and by providing notice to you that this Agreement has changed, generally via e-mail where practicable, and otherwise through the Services (such as through a notification in your dotstorming Profile). You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time dotstorming received your prepayment.
As dotstorming grows and improves, we might have to make changes to the Terms of Service. When we do, we'll let you know. Starting with this version, we're also going to make it a practice to post old versions so it's easy to see changes/additions/deletions.
3. Use of the Services
Can kids use dotstorming? Of course, but dotstorming is not currently directed to children and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy. In the United States, if you are the sponsor of a Sponsored Group (the “Sponsor”), including a School that is using dotstorming, that includes children under the age of 13, you (or your school) assumes the responsibility for complying with the U.S. Children's Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”). This means that the Sponsor must notify parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with the Service the personal information of children under the age of 13 in order to establish an account or use the Service. Schools may under appropriate circumstances provide such consent on behalf of parents/guardians. For more information on complying with COPPA, see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/coppafaqs.shtm. If you are outside of Canada, please ensure that you are complying with any laws applicable to you before submitting any child’s personal information or permitting any child to submit personal information to us. If a school outside Canada wants to enable its students to use dotstorming, dotstorming will work with such schools on case by case basis to ensure compliance with any applicable laws regarding the collection of information from minors.
Service Changes and Limitations: The Services change frequently, and their form and functionality may change without prior notice to you. dotstorming retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. dotstorming may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. dotstorming may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). dotstorming may also suspend Accounts (as defined below) at any time, in its sole discretion.
This section makes it clear that dotstorming is an ever-evolving platform. With new products, services, and features launching all the time, we need flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings (like features that flop). We can also suspend any individual account at any time. That sounds harsh, but we only use that power when we have a reason, as outlined in these Terms of Service, our Privacy Policy, and our Community Guidelines.
Limitations on Automated Use: You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of dotstorming and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by dotstorming (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with dotstorming, or unless permitted by dotstorming's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without dotstorming's express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Don't do bad things to dotstorming or other users. Some particularly egregious examples of automated "bad things" are listed in this section.
4. Registration, dotstorming URLs, and Security
As a condition to using certain of the Services, you may be required to create an account (an " Account") and select a password and dotstorming username. You should provide dotstorming with accurate, complete, and updated registration information, particularly your e-mail address, and failure to do so may result in suspension of your Account.
It's really important that the email address associated with your dotstorming Account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify dotstorming immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
5. Privacy
Any information you provide to dotstorming is subject to dotstorming's Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.
6. Content and Subscriber Content
Definitions: For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" is all Content that is posted or otherwise provided or transferred to the Services by a Subscriber (including, without limitation, by you); and Content also includes, without limitation, all Subscriber Content.
Ownership: Subscribers retain ownership of all intellectual property rights in their Subscriber Content, and dotstorming and/or third parties retain ownership of all intellectual property rights in all Content other than Subscriber Content.
You retain ownership of any intellectual property you post to dotstorming.
Subscriber Content License to dotstorming: When you transfer Subscriber Content to dotstorming through the Services, you give dotstorming a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), such Subscriber Content. The rights you grant in this license are for the limited purpose of operating the Services in accordance with their functionality, improving the Services, and allowing dotstorming to develop new Services.
When you upload your creations to dotstorming, you grant us a license to make that content available in the ways you'd expect from using our services (for example, via your blog, RSS etc.). We never want to do anything with your content that surprises you.
Something else worth noting: We're thrilled to offer our support as a platform for our creators, and we'd never claim to be entitled to royalties or reimbursement for the success of what you've created. It's your work, and we're proud to be a part (however small) of what you accomplish.
You also agree that this license includes the right for dotstorming to make all publicly-posted Content available to third parties selected by dotstorming, so that those third parties can distribute and/or analyze such Content on other media and services.
An example of what it means to "make all publicly-posted Content available" to a dotstorming partner for distribution or analysis would be if we licensed a feed of already-publicly-available Content to a partner, similar to how Twitter makes feeds available through its Streaming API.
Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through the Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others.
One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us this license for all Subscriber Content you submit to the Services.
Termination and Deletion: On termination of your Account or upon your deletion of particular pieces of Subscriber Content from the Services, dotstorming shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) caching of, copies of, or references to the Subscriber Content may not be immediately removed; and (b) such removed Subscriber Content may persist in backups (not available to others) for a reasonable period of time.
7. Use of Trademarks
Any use of dotstorming's trademarks, branding, logos and other such assets in connection with the Services shall be in accordance with the dotstorming Trademark Guidelines.
8. Warranty Disclaimer; Services Available on an "AS-IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, DOTSTORMING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. dotstorming makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. dotstorming also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from dotstorming or through the Services, will create any warranty not expressly made herein.
9. Release From Liability
You release, to the fullest extent permitted by law, dotstorming, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following:
Disputes between Subscribers, including those between you and other Subscribers. Third party sites and services, including content found on such sites and services. Disputes concerning any use of or action taken using your Account by you or a third party. Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content. Claims relating to in any way to any face-to-face meetings in any way related to dotstorming at any venues. 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."
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOTSTORMING, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DOTSTORMING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF DOTSTORMING AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
11. Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
12. Termination
Either party may terminate this Agreement at any time by notifying the other party. dotstorming may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, dotstorming may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement. Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to dotstorming or any third party.
13. Legal Disputes
You and dotstorming agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and dotstorming otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
Law and Forum for Legal Disputes: This Agreement shall be governed in all respects by the laws of Ontario as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against dotstorming must be resolved exclusively by a state or federal court located in Ontario, Canada, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Ontario, Canada for the purpose of litigating all such claims or disputes.
14. Miscellaneous
This Agreement, as modified from time to time, constitutes the entire agreement between you and dotstorming with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with dotstorming's prior written consent. dotstorming may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind dotstorming in any respect whatsoever.
15. Special Provisions for Subscribers Located Outside of the Canada
dotstorming provides global products and services and enables a global community for individuals to share and follow the things they love. dotstorming's operations are, however, located in Canada, and dotstorming's policies and procedures are based on Canadian law. As such, the following provisions apply specifically to Subscribers located outside of Canada: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in Canada and/or other countries; and (2) if you are using the Services from a country embargoed by Canada, or are on the Canadian Treasury Department's list of "Specially Designated Nationals," you agree that you will not conduct any commercial activities using or through the Services.
Designated Agent
Deckard Designs
