The Doodle Project, LLC ("we", "us", "our", "The Doodle Project") present the following terms and conditions, which govern your use of the services provided by our company, and all content, services and products available at or through it, including but not limited to https://www.thedoodleproject.com.
Please read this Agreement carefully before accessing or using our services. By accessing or using any part of our services, you agree that you are bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the services provided by our company in whole or in part. If these terms and conditions are considered an offer by The Doodle Project, acceptance is expressly limited to these terms. The services provided by our company are available only to individuals who are at least 13 years old.
If you operate an account, and/or consume any services (free or paid), and/or post material to our services, or otherwise make (or allow any third party to make) material available by means of the services (any such material, also known as "Content"), you are entirely responsible for that Content and any harm that may result from it. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software.
I. Your Account
If you create an account on our systems, you are responsible for maintaining the security of your account. You are responsible for all activities that occur under the account and any other actions taken in connection with the account. You must take reasonable steps to guard the security of your account. We will not be liable for any acts or omissions resulting from a breach of security, including any damages of any kind incurred as a result of such acts or omissions.
II. Account Structure
The Doodle Project currently has a tiered account structure.
- Free Services can be registered free of charge. Free accounts can access basic features, but may be limited as compared to non-free services.
- Paid Services are available for term-based fee and receive access to all features provided by the services.
- Relay Services are services provided by our company that simply echo out to other registered participants whatever it receives. That relayed data is not stored by the relay and no account information is required to join/leverage.
Payments to The Doodle Project, for account services or for any other purpose, are refundable or transferable solely at The Doodle Project's discretion.
By using this Service, you agree to this account structure, and to The Doodle Project's right to change, modify, or discontinue any type of account or the features available to it at any time.
You agree to indemnify and hold harmless The Doodle Project, LLC, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the services provided by our company, including but not limited to out of your violation of this Agreement.
We may terminate your access to all or any part of the services provided by our company at any time, at our sole discretion, if we believe that you have violated this Agreement. You agree that any termination of your access to the services may involve removing or discarding any content you have provided. We may, at our sole discretion, discontinue providing the services at any time, with or without notice.
If you wish to terminate this Agreement, you may delete your account and cease using the services. You agree that, upon deletion of your account, we may, but are not required to, remove any content you have provided, at any time past the deletion of your account.
Paid accounts that are terminated for violations of this Agreement will only be refunded at our discretion, and only if such termination should come under our established criteria for issuing refunds.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
VI. License to Reproduce Content
By submitting Content to our services, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content, solely for the purpose of displaying, distributing and promoting the contents of your account, including through downloadable clients and external feeds unless the content is encrypted, marked as private, or are otherwise inaccessible without a login(s) you control.
If you delete Content, we will use reasonable efforts to remove it from our services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
VII. Account Content
You agree to the following provisions for posting Content to the services provided by our company:
1. We claim no ownership or control over any Content that you post to our services. You retain any intellectual property rights to the Content you post, in accordance with applicable law. By posting Content, you represent that you have the rights to reproduce that Content (and the right to allow us to serve such Content) without violation of the rights of any third party. You agree that you will bear any liability resulting from the posting of any Content that you do not have the rights to post.
2. All Content posted to our services in any way is the responsibility of the owner. Within the confines of international and local law, we will generally not place a restriction on the type or appropriateness of any Content. If Content is deemed illegal by any law having jurisdiction over you, you agree that we may submit any necessary information to the proper authorities.
3. We do not pre-screen Content. However, you acknowledge that we have the right (but not the obligation), in our sole discretion, to remove or refuse to remove any Content from the service. You also agree that we may, without limitation, take any steps necessary to remove Content from our services, at our sole discretion.
4. If any Content you have submitted is reported to us as violating this Agreement, you agree that we may call upon you to change, modify, or remove that Content, within a reasonable amount of time, as defined by us. If you do not follow this directive, we may terminate your account.
VIII. Content Posted on/to Other Websites/Systems
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites, webpages, or systems to which we, any user, or any provider of Content links or content, that link to us, or relay content through via our open/semi open relays or services. We do not have any control over those websites, webpages, and services, and are not responsible for their contents or their use. By linking to an external website, webpage, or system, or posting content to an open/semi open relay we operate, we do not represent or imply that we endorse such website, webpage, or system. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of external websites, webpages, or systems, whether that link or content is provided by us or by any provider of Content on our services or open/semi open relays. This includes any and all content that emanates from open/semi open content relays which we operate. It is your responsibility to make sure you understand the ramifications of content being relayed through open/semi open content relays and to notify your users of the same. If you do not wish your content to be available to the systems we operate, do not link or post content to it. If your content appears on our systems because an external system has relayed through our open/semi open content relays, you must work with that external system to address any issues.
IX. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the services provided by our company unless authorized by Open Source licensing as attributed on the system being used.
X. Exposure to Content
You agree that by using any of our services, you may be exposed to Content you find offensive or objectionable. If such Content is reported to us, it will be our sole discretion as to what action, if any, should be taken.
XI. User Conduct
You agree that you will not use the services provided by our company to:
1. Upload, post, or otherwise transmit any Content that is harmful, threatening, abusive, hateful, invasive to the privacy and publicity rights of any person, or that violates any applicable local, state, national, or international law, including any regulation having the force of law;
2. Upload, post, or otherwise transmit any Content that is spam, or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
3. Maliciously impersonate any real person or entity, including but not limited to a The Doodle Project staff member or volunteer, or to otherwise misrepresent your affiliation with any person or entity;
4. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
6. Interfere with or disrupt the services or servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
7. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
8. Provide any material that is illegal under United States law;
9. Upload, post or otherwise transmit any Content that contains viruses, worms, malware, Trojan horses or other harmful or destructive content;
10. Allow usage by others in such a way as to violate this Agreement;
11. Make excessive or otherwise harmful automated use of the services provided by our company;
12. Access any other person's account, or exceed the scope of the service that you have signed up for; for example, accessing and using features you don't have a right to use.
XII. Copyright Infringement
If you believe that material located on the services provided by our company violates your copyright, you may notify us in accordance with our Digital Millennium Copyright Act ('DMCA') Policy. We will respond to all such notices as required by law, including by removing the infringing material or disabling access to the infringing material. As set forth by law, we will, in our sole discretion, terminate or deny access to the services provided by our company to users of the site who have repeatedly infringed upon the copyrights or intellectual property rights of others.
We appreciate the service of volunteers in many aspects of service management, including but not limited to providing technical support, creating web-based content, performing site administration duties, providing expert advice, research, technical writing, reviewing, categorizing, and other duties as necessary.
All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian.
By volunteering, you agree that any work created as a result of your volunteer service shall be licensed to The Doodle Project on a perpetual, irrevocable, and world-wide basis, to the extent permitted by law. You agree that The Doodle Project may determine the basis upon which your volunteer work shall be licensed to others, including under Open Source licenses that may permit the further alteration or dissemination of your work. If laws prevent such licensing, you agree never to sue The Doodle Project for the use of said work.
By volunteering, you agree that you are providing your work with no expectation of pay or future consideration by The Doodle Project. You also agree that you have taken reasonable diligence to ensure that the work is correct, accurate, and free of defect. You agree that you will not disclose or share any proprietary or confidential information you are provided with in the course of your volunteer work.
No user is required to volunteer for services provided by our company, and users without volunteer status will receive equal care, support, and attention.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the services provided by our company following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the services provided by our company (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
XV. Disclaimer of Warranties
The services provided by our company are provided "as is". The Doodle Project, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Doodle Project, LLC, nor its suppliers and licensors, makes any warranty that the services will be error free or that access to the services will be continuous or uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You understand that you download from, or otherwise obtain content or services through, the services at your own discretion and risk.
No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in this Agreement.
XVI. Limitation of Liability
You expressly understand and agree that in no event will The Doodle Project, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
XVII. General Information
This Agreement constitutes the entire agreement between us and you concerning your use of the services provided by our company. This Agreement may only be modified by a written amendment signed by an authorized representative of The Doodle Project, LLC, or by the posting of a revised version to this location. Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and The Doodle Project, LLC regarding these Terms of Service and/or your use or access of the services provided by our company will be governed by the laws of the state of Texas and the federal laws of the United States of America, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in Dallas, TX for any disputes arising out of or relating to your use of the services provided by our company or your acceptance of this Agreement.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
XIX. Creative Commons
This Terms of Service document is based on one developed by Automattic (http://wordpress.com/tos/) and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.
Last revised November 29, 2022
We hate legalese, so we've tried to make ours readable. If you've got any questions, feel free to ask us, and we'll do our best to answer.
We use information you share with us for our internal business purposes. We do not sell your information. This notice tells you what information we collect, how we use it, and steps we take to protect and secure it.
Information we automatically collect
Like most website operators, we collect non-personally-identifying information such as browser type, language preference, referring site, and the date and time of each visitor request.
We collect this to understand how our visitors use our service, and use it to make decisions about how to change and adapt the service.
From time to time, we may release non-personally-identifying information in aggregate form (for instance, by publishing trends in site usage) to explain our reasoning in making decisions. We will not release individual information, only aggregate information.
We automatically collect personally-identifying information, such as IP address, provided by your browser and your computer.
We collect this information for several purposes:
- To diagnose and repair network issues with your use of the site;
- To estimate the number of users accessing the service from specific geographic regions;
- To help prevent fraud and abuse.
Information you are required to provide to us on registration
In order to register for service, you must give us your email address. We will use your email address to send confirmation of certain actions, such as when you change your password. We will contact you when it's necessary to complete a transaction that you've initiated, or if there's a critical or administrative issue affecting your use of the service.
Once you have created your account, you can choose to subscribe to certain events and have notifications of those events sent to you via email. You will be able to change your mind and opt out of receiving notifications via email at any time.
When you register, you must also give us your date of birth. This is to make sure we aren't accidentally collecting information from children, which is prohibited by United States law. We save this information so that we can prove we're complying with that law.
We will never sell or provide your email address or your date of birth to any third party, with exceptions as set forth below.
Optional information you provide to us
As you use the service, you have the option to provide more personal information, through your profile, your entries, or content you create. Providing this information is strictly optional.
We will show this information to others viewing the site, in accordance with the privacy options you've selected for the information. We may also use this information, in aggregate, to make decisions about how to change and adapt services.
From time to time, we may release information in aggregate form (for instance, by publishing trends in site usage) to explain our reasoning in making decisions. We will not release individual information, only aggregate information.
We will not sell or provide this information to any third party, with exceptions as set forth below.
By choosing to make any personally-identifying information public, you recognize and accept that other people, not affiliated with us, may use this data to contact you. We can't be responsible for the use of any information you post publicly.
From time to time, we may allow you to provide us with your login credentials for a site that is not owned and operated by us in order to allow you to integrate data from that external service to your service. Examples of this include content import features or crossposting features. Providing us this information is completely optional. Your login credentials are only used for the purposes of these features, and are not used for any other purpose.
You may optionally post content to your account with varying security levels. To the best of our ability, and limited only by the possibility of bugs or technical difficulties, we will honor the security levels you choose for your content and display that content only to those whom you have authorized to see it.
While maintaining the services, The Doodle Project staff may need to view the contents of your account, including information for which you have chosen a restrictive security level, unless encrypted. Circumstances in which this is necessary include, but are not limited to: troubleshooting and diagnosing technical problems, investigating possible Terms of Service violations, and legal compliance issues.
The Doodle Project staff only use the ability to override your chosen security levels during the course of these investigations. At no time is your secured content disclosed to any third party, except when required by law. Any use of this ability is logged and regularly audited.
Financial information and transactions
You can engage in financial transactions with The Doodle Project to purchase services for your account. These transactions are optional. If you choose to purchase enhanced services, you will be asked to provide financial information to complete the transaction. There are several payment methods available, each of which requires disclosure of certain personal and financial information. The specifics of these methods of payment are as follows:
Credit cards: If you pay by credit card, we need you to provide your credit card number, your full name as it appears on the card, your address as it appears on the card statement, and the CVN or Card Verification Number. This information is required so we can authorize and charge your credit card. Your financial information is protected by industry-standard encryption methods. It is never stored on our servers: we pass it immediately along to our processor for the sole purpose of completing the authorized transaction.
Venmo: If you pay by Venmo, we need you to provide us with contact information from your Venmo Profile. We use this information only for the purpose of the single transaction represented by the payment, however, Venmo retains, on their servers, permanent electronic records of the transaction into our account.
In all cases, The Doodle Project collects this personal and financial information only as necessary or appropriate for the completion of the single requested transaction. Any additional personally-identifying but non-financial information you disclose during these transactions will be governed by the "Disclosure of personally-identifying information" provisions below.
Disclosure of personally-identifying information
We disclose personally-identifying information only to those of our employees and contractors who (i) need to know that information in order to operate the services and (ii) have agreed not to disclose it to others. Some of these employees and contractors may be located outside your home country. By using this website, you consent to the transfer of your information to them.
If all of our assets were transferred or acquired, your information would be one of the assets that is transferred or acquired by a third party.
We may disclose potentially personally-identifying and personally-identifying information when that release is required by law or by court order, or when we believe in good faith that disclosure is reasonably necessary to protect the safety or rights of us, third parties, or the public at large.
Special rules regarding children
The Children's Online Privacy Protection Act ('COPPA') requires that we inform parents on how we collect and disclose the personal information of children under the age of 13.
We do not permit children under the age of 13 to use our services. To prevent this, we collect date of birth at the time of account creation. If your child under the age of 13 has mis-represented their age at account creation, please contact us at email@example.com. After confirming your identity, we will remove the account.
Confidentiality and security
No data transmission over the Internet can ever be guaranteed to be 100% secure. You use this service at your own risk. However, we do take steps to ensure security on our systems.
Your account information is password-protected. We recommend that you choose a strong and secure password. We use industry-standard encryption to safeguard any transmission between your computer and ours. You may also encrypt your data within our systems, when available and we encourage you to do so.
If we learn of a system security breach, we will notify you electronically so you can take appropriate steps to protect yourself. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice, you should contact us at firstname.lastname@example.org.
Deleting your information
You can change or delete any optional information that you've provided us at any time. If you change or delete any optional information you've provided, the change will take place immediately.
You can also choose to delete your account entirely. If you choose to delete your account entirely, we will retain any personally-identifying information for a limited amount of time before removing it entirely. This is to allow you to undelete your account and continue using the service if you so choose (if possible based on the service(s) purchased). After this time, all your personally-identifying information will be removed entirely from our service, with the exception of any records we must retain to document compliance with regulatory requirements.
As part of the day to day operation of The Doodle Project, we will make regular copies of the data contained in the databases for backup purposes. These backups can potentially contain deleted data for several weeks or months. These backups will also be governed by the rules for disclosure of personally-identifying information.
We reserve the right to contract with third-party vendors to provide site features we are unable to provide ourselves. We will only share personal information with third-party vendors to the extent that is necessary for such affiliates to provide these site features. We require our third-party vendors to provide the same level of privacy protection that we do, and they do not have the right to share or use personal information for any purpose other than for an authorized transaction. Some of our third-party vendors may be located outside of your home country. By using this website, you consent to the transfer of such information to them.
We will clearly identify which site features are provided by third-party vendors, and provide you a way to opt out of using those site features if possible.
Our current business vendors are:
- N/A - horray?
If you have questions about this policy, you can contact us at email@example.com.
Last revised November 29, 2022