Last Updated: September 30, 2012
2. Intellectual Property
Unless specifically noted, Dosha Pops owns all of the trademarks, service marks and domain names displayed on the Site, whether registered or unregistered, including but not limited to, the name Dosha Pops, our logo, our photography, and our other graphics, packaging, videos, or other forms of media and other indicia of origin of Dosha Pops products and services. The use of our intellectual property is strictly prohibited, unless we have granted our prior written consent. The content of the Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship, both individually and as they are compiled on the Site (“Content”), and software used on this Site, are the property of Dosha Pops or our service providers, and are protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by Dosha Pops and material owned or controlled by third parties and licensed to Dosha Pops. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
3. License Grant and Content
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable right to: (a) access the Site; (b) download, print and use the Content for your personal non-commercial use related to placing an order or shopping with Doshapops.com; and (c) create a hyperlink to the home page of Doshapops.com so long as the link does not portray Dosha Pops or its products or services in a false, misleading, derogatory, or otherwise offensive manner. Except as specifically permitted in this Agreement, you may not, directly or indirectly: (i) transfer, sell, sublicense, rent or lease the Site Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates this Agreement or any applicable law; and/or (iii) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Site Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iii). This license does not include any resale or commercial use of this Site or its Content; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Doshapops.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Dosha Pops’ name or trademarks without the express written consent of Dosha Pops. Any unauthorized use terminates the permission or license granted by Dosha Pops. You may not use any Dosha Pops logo or other proprietary graphic or trademark as part of the link without express written permission.
4. User Content
As our customer, you may vote on messages and colors, and post or submit comments to the Site (“User Content”). You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any User Content. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Content to enable use of the User Content in the manner contemplated by the Site and this Agreement. For clarity, you retain all of your ownership rights in your User Content. By submitting your User Content to the Site, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels. You agree that you will not submit material that is: (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material and to grant us all of the license rights granted herein; and/or (b) contrary to applicable local, national, and international laws and regulations. Any opinions and recommendations expressed on the Site are those of the person expressing such views and not those of Dosha Pops. We neither endorse the content of your communications, postings or data, nor assume any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials or any crime facilitated by use of the Site. You agree to hold us and our affiliates, employees and agents free of responsibility for any potentially damaging User Content posted by you.
5. User Submissions
We welcome your comments regarding our products, including our online services. Please note, however, that our company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those we have specifically requested (collectively, “Submissions”). We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when products or services developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us unsolicited original creative materials such as stories, messages, design ideas, or original artwork. While we value your feedback on our products and services, we request that you be specific in your comments on those products and services, and not submit creative ideas, suggestions or materials. If you send Submissions, you grant to us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions shall be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part. All Submissions will be deemed non-confidential and we are not liable for any use or disclosure of Submissions. Any unsolicited hard-copy Submissions sent to us will not be acknowledged or returned. All Submissions shall be deemed, and shall remain, the property of Dosha Pops.
6. Prohibited Use
By accessing and using this Site, you agree that you will not use the Site for any unlawful or prohibited purpose, or in any manner that could damage, disable, overburden or impair our server, or the network(s) connected to such server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt, through any means, to gain unauthorized access to any part of the Site or any service, other account, computer system or network connected to any Company server. The Company reserves the right, in its sole discretion, to monitor any and all use of the Site and remove any User Content at any time.
7. Risk of Loss
All items purchased from Doshapops.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In the event that there has been miscommunication about shipping information, address, phone and/or email address, Dosha Pops is not liable for any inability to deliver merchandise successfully. We will always do our best to communicate with you if we see any problem with delivery of your purchase, and we encourage you to communicate with us if you have any questions.
8. Errors and Inaccuracies
Our goal is to provide complete, accurate, up-to-date information on our Site. However, it is not possible to ensure that any website is completely free of typographical mistakes, and human or technological errors. We cannot warrant that all Content on this Site is error-free and without inaccuracy or omission, some of which may relate to pricing and availability, or that all information is complete or current. We reserve the right to correct any errors, inaccuracies or omissions – including after an order has been submitted – and to change or update information at any time without prior notice. If a product offered by Dosha Pops is not as described, your sole remedy is to return it in unused condition for exchange. We sincerely apologize for any inconvenience this may cause.
9. Export Control
The Site is controlled and operated by Dosha Pops from the United States. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to the United States export controls in connection with your use of the Site and/or products and services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
10. Third Party Links
This Agreement applies only to the Site. The Site may contain links to other websites. Because we do not review, monitor, operate or control any such third-party websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials on or available from such websites. We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website at any time and for any reason.
11. Disclaimer of Warranties
THE INFORMATION, CONTENT AND PRODUCTS AVAILABLE AT THE SITE ARE PROVIDED ON “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE CONTENT AND PRODUCTS APPEARING ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME OR THEFT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
12. Limitation of Liability
IN NO EVENT SHALL WE AND OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, CONTENT OR PRODUCTS OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION OR PRODUCTS ADVERTISED IN OR OBTAINED THROUGH THE SITE, OUR REMOVAL OR DELETION OF ANY CONTENT OR RECORDS SUBMITTED OR POSTED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION THROUGH THE SITE, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY AGREE THAT WE, OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold harmless us, our members, officers, employees, agents and representatives, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) any misrepresentation made by you in connection with your use of the Site; (b) any non-compliance by you with the terms and conditions of this Agreement; and (c) any claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Site, including the information obtained through the Site.
Our Site is not directed to people under 18. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to access and use the Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.
Reservation of Rights. We reserve all rights not expressly granted by this Agreement. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in New York, New York regarding any and all disputes relating to this Agreement or your use of the Site. Arbitration. Any controversy, dispute or claim arising out of or relating to this Agreement or the Site shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration shall be before a single arbitrator. Any such controversy, dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, dispute or claim of any other party. The arbitration shall be conducted in the State of New York, and under the laws of the State of New York (without giving effect to conflict of law principles), and judgment on the arbitration award may be exclusively entered in any court having jurisdiction thereof within the State of New York. Nothing herein shall limit the right for us to seek any interim or preliminary equitable or injunctive relief from a court of competent jurisdiction necessary to enforce any right under this Agreement pending the completion of arbitration. Each party shall bear one-half of the costs of the arbitration, including the fees incurred through AAA. You expressly consent to and waive any objection which you may have or hereafter have to the venue or jurisdiction of any such action, suit or proceeding as set forth herein. Notwithstanding this Agreement to arbitrate, either you or we may bring an individual action in small claims court. Additionally, notwithstanding this Agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending the arbitrator’s ruling. A request for interim measures shall not be deemed a waiver of the right to arbitrate. Material Terms. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by us to provide the Site. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement. Assignment; Waiver. You may not at any time transfer, assign or delegate any of your rights, obligations or privileges hereunder; we may do so at any time. Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. Complete Agreement. This Agreement, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by us, constitutes the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the Site with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, written or oral. This Agreement may not be amended by the user. This Agreement supersedes any previous quotations, correspondence, or other communications, written or oral, between you and us.