Last updated: January 28, 2009
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
You understand and agree that all postings, comments, edits, feedback, suggestions, ideas, photographs, images, notes, drawings, concepts, and other information, content, or materials posted on, transmitted through, or linked from the Site, either online or offline and whether or not solicited by the Site (collectively, Submissions"), are the sole responsibility of the person from whom such Submissions originated. The Site is and shall be under no obligation (a) to maintain any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise; (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions.
Neither the Site nor Dovetailing shall be liable for any use, non-use, or disclosure of any Submissions. You represent that, regarding any Submissions contributed by you that: (a) Submissions will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide such Submissions to us in accordance with this Agreement. You further represent that no such Submissions will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
As part of our services to clients, Dovetailing offers secure sections of the site for client users. Dovetailing has taken certain technical measures to protect the privacy of these sites and to prevent unauthorized viewing of their content. However, Dovetailing does not guarantee that private sites are completely secure. These sites may be vulnerable to hostile cyber hacking by third parties and therefore should be used at your own risk.
Dovetailing reserves the right to remove sites from public view, delete, or purge the content with or without cause, with or without notice for any reason, including, without limitation if we determine in our sole discretion that the content is harmful, offensive, illegal, or inappropriate for the subject matter of the Site. Furthermore, Dovetailing may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, and with or without notice.
3. NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT
Dovetailing respects the intellectual property of others and we require our users to do the same. If you believe that any material on the Site infringes upon any copyright you own or control, or that any link on the Site directs users to another website containing material that infringes upon any copyright you own or control, please notify us immediately at:
1238 Alki Av SW #402
Seattle, Washington 98116
If you believe that your copyright has been infringed upon, please submit written notification to us as specified above and include the following:
- Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works are covered by a single notification, a representative list of such.
- Identification of the material that you’re claiming has been infringed upon or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Your full name, mailing address, telephone number, and, if available, email address.
- Both of the following statements:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use).”
“I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusive right under the copyright that is allegedly infringed.”
Your full legal name and signature.
Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA), the text of which may be found at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, Dovetailing has adopted a policy of banning, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. Dovetailing may also at its sole discretion limit access to the website and/or subsidiary secure sections hosted by Dovetailing and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.
Counter Policy: A poster of allegedly infringing material may make a counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Dovetailing receives a counter-notification, it may in its sole discretion reinstate the material in question. To provide a counter-notification, please submit written notification to us as specified above and include the following:
- Identification of the material that has been removed or to which access has been disabled by Dovetailing and the location at which the material appeared before it was removed or access was disabled.
- A statement as follows: “I hereby state, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake of misidentification of the material to be removed or disabled.”
- Your full name, mailing address, telephone number, and, if available, email address.
- A statement as follows: “I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if any address is outside the United States, for any judicial district in which Dovetailing may be found, and I will accept service of process from the complaining party who notified Dovetailing of the alleged infringement or an agent of such person.”
- Your full legal name and your signature.
4. USER CONDUCT
You agree to not use the Site to:
- Upload, post, email, transmit, or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, bullying, harassing, false, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "link farms," "junk mail," "spam," "chain letters," 'pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
"Stalk" or otherwise harass another; or
Collect or store unauthorized personal data about other users.
5. PROPRIETARY RIGHTS
Copyrights. This Site is protected to the maximum extent permitted by copyright laws and international treaties. The collective Submissions and content displayed on or through the Site, and selective organization of the same (the "Collective Content"), is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Collective Content, and/or copying or reproducing the Collective Content or any portion thereof, except as provided below, to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Dovetailing. The Collective Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without either: a) complying with the terms of this Agreement; or b) Dovetailing’s prior written permission.
Although Dovetailing does not claim ownership of Submissions that its users post, by posting or submitting Submissions to the Site, you automatically grant and represent and warrant that you have the right to grant to Dovetailing an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, modify, adapt, publish, display, translate, and distribute said Submissions and to prepare derivative works of, or incorporate into other works said Submissions and to grant and authorize sublicenses (through multiple tiers) of the foregoing, including as set forth in Paragraph 6 below. Furthermore, by posting Submissions to the Site, as part of the Collective Content, you automatically grant Dovetailing all rights necessary to prohibit any subsequent prohibited aggregation, display, copying, duplication, reproduction, or exploitation of the Collective Content by any party for any purpose.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software owned by Dovetailing (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and/or using the site for purposes expressly stated on the Site and these terms, provided that such uses are not competitive with or derogatory to the Site. Dovetailing retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse-engineer, disassemble, or create derivative works from any Software.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Dovetailing or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Dovetailing. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Dovetailing or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Dovetailing. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
6. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT; RESERVATION OF RIGHTS
Dovetailing takes no responsibility and assumes no liability for any Content or Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, or objectionable material you may encounter. Your use of the Site is at your own risk. As a provider of interactive services, Dovetailing is not liable for any statements, representations, Submissions, or Content provided by its users. Although we have no obligation to screen, edit, or monitor any Submissions posted by users (or any other activities of users on the Sites), we reserve the right, at our sole discretion, to remove, take down, destroy, or delete any Content or Submissions at any time and for any reason, including without limitation, Submissions that we deem inappropriate, offensive, or which we believe may subject us to any liability. We may access, use, and disclose transaction information about your use of this Site, and any Submissions transmitted by you via or in connection with this Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of this Site from fraudulent, abusive, or unlawful use of this Site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU. Any use of the Site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Site.
7. DISCLAIMER OF WARRANTY
THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DOVETAILING DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT AND/OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
DOVETAILING ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF DOVETAILING, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS, EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
DOVETAILING DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OR NEGLIGENCE, SHALL DOVETAILING OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS, OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF DOVETAILING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
9. INDEMNIFICATION; DAMAGES FOR UNAUTHORIZED ACCESS
You acknowledge and agree that your violation of the terms and conditions of this Agreement through unauthorized use of or access to the Site will result in a minimum of five thousand dollars ($5,000.00) in damages to Dovetailing based on our costs for implementing additional security measures resulting from, and our investigation into, any such violation.
10. LINKS; THIRD-PARTY CONTENT; THIRD PARTY USE OF INFORMATION
This Site may provide, or third parties may provide, links to other World Wide Web resources. Because Dovetailing has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on this Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Choice of Law and Forum: By visiting the Site, you agree that the laws of the State of Washington and U.S. law, without regard to principles of conflict of laws, will govern this Agreement.
Dispute Resolution: THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Mandatory Arbitration — YOU AND DOVETAILING AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, EXCEPT THAT YOU OR DOVETAILING MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU AND DOVETAILING ACKNOWLEDGE THAT THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. TO INITIATE ARBITRATION, YOU OR DOVETAILING MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: DOVETAILING.COM INC., ATTN: ARBITRATION, 710 SECOND AVENUE SUITE 1100, SEATTLE, WA 98104. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS AGREEMENT WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS ARBITRATION RULES (AND THE AAA SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES AS THEY MAY BE APPLICABLE), AS MODIFIED BY THIS AGREEMENT. INFORMATION CONCERNING THE AAA, ITS ARBITRATION RULES, AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT: http://www.adr.org.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR. YOU AND DOVETAILING WILL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF YOU AND DOVETAILING CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE THIRTY-DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. YOU AND DOVETAILING FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. ALL ADMINISTRATIVE COSTS AND FEES OF THE ARBITRATION WILL BE BORNE EQUALLY BY YOU AND DOVETAILING. YOU AND DOVETAILING WILL EACH BEAR THE EXPENSES OF ITS OWN COUNSEL, EXPERTS, WITNESSES, AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.
Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS AGREEMENT, YOU AND DOVETAILING ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND DOVETAILING BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION WILL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND DOVETAILING BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Severability: If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Termination: Dovetailing may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, with or without notice.
13. CONTACT US
If you have any questions about this Agreement, the practices of this Site, or your dealings with this Site, please contact us or write to us at the following address:
1238 Alki Av SW #402
Seattle, Washington 98116