Terms Of Service

Terms Of Service

Last Updated: June 19, 2018

Thank you for using Dokkit. These Terms of Service (the “Terms”) and our Privacy Policy (at https://Dokkit.com/privacy) govern your use of Dokkit, so please read them carefully before using Dokkit.

By using Dokkit, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use Dokkit. If you are using Dokkit on behalf of an organisation (such as your employer), you are agreeing to these Terms for that organisation, and are indicating that you have the authority to bind that organisation to these Terms. In that case, “you” and “your” will refer to that organisation.

We may revise the Terms from time to time. If a revision is material, as determined solely by us, we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog, so please check that regularly. The most current version will always be posted on our footer. By continuing to use Dokkit after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using Dokkit.

Your Information and Responsibilities

To use Dokkit, you’ll need to create an account via Dokkit.

You may use Dokkit only if you are 13 years or older and are not barred from using Dokkit under applicable law.

You are responsible for safeguarding the password that you use to access Dokkit. You are responsible for any activity on your account, whether or not you authorised that activity. You should immediately notify Dokkit of any unauthorised use of your account.

By using Dokkit, you provide us with text, graphics, images and other information (“your content”). You retain full ownership to your content. Dokkit does not claim any ownership rights to your content. However, you are also solely responsible for your content. You indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your content by deleting it. However, in certain instances, some of your content (such as documents created by others that you have contributed to) may not be completely removed and copies of your content may continue to exist on Dokkit. We’re not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your content.

Dokkit Intellectual Property Rights

Dokkit and its licensors exclusively own Dokkit, including all associated intellectual property rights. You acknowledge that Dokkit is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying Dokkit.

Dokkit grants you a limited, non-exclusive, non-transferable license to view, copy, and display Dokkit solely in connection with your permitted use of Dokkit.

General Prohibitions

You agree not to do—or attempt to do—any of the following:

  • Probe, scan, or test the vulnerability of any Dokkit system or network or breach any security or authentication measures;
  • Access, tamper with, or use non-public areas of Dokkit, Dokkit’s computer systems, or the technical delivery systems of Dokkit’s providers;
  • Decipher, decompile, disassemble or reverse engineer any of the software used to provide Dokkit;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing Dokkit;
  • Access or search Dokkit or download any intellectual property from Dokkit through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
  • Plant malware or use Dokkit to distribute malware;
  • Send any unsolicited communications, promotions, advertisements or spam;
  • Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • Post or transmit anything that is fraudulent or misleading, or that infringes on others’ rights;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate the privacy of others;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the above.

Although we’re not obligated to monitor access to or use of Dokkit or your content or to review or edit any of your content or the intellectual property of other Dokkit users, we have the right to do so for the purpose of operating Dokkit, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Dokkit. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

We respect copyright law and expect you to do the same. It’s our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination

We may suspend Dokkit or terminate your access to and use of Dokkit, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use Dokkit in any way that would cause us legal liability or disrupt others’ use of Dokkit. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to info@dokkit.co.uk.

Warranty Disclaimers

DOKKIT OR OUR LICENSORS’ INTELLECTUAL PROPERTY ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT DOKKIT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.

Indemnity

You will indemnify and hold harmless Dokkit and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of Dokkit or our licensors’ intellectual property; (ii) your content; or (iii) your violation of these Terms.

Limitation of Liability

NEITHER DOKKIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING DOKKIT, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE DOKKIT OR OUR LICENSORS’ INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOKKIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL DOKKIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE DOKKIT OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO DOKKIT FOR USE OF DOKKIT OR TWENTY POUNDS (£20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DOKKIT, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOKKIT AND YOU.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the country of the United Kingdom without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Dokkit agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Dokkit (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the courts located in UK and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Dokkit are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Dokkit otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Dokkit and you regarding Dokkit, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dokkit and you regarding Dokkit, except that if you become a party to Dokkit’s Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Dokkit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Dokkit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Dokkit under these Terms, including those regarding modifications to these Terms, will be given: (i) by Dokkit via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dokkit’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Dokkit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, please contact us at:

Dokkit Ltd.
11 The Old Steine, Brighton. BN1 1EJ
info@dokkit.co.uk