Site Terms
PLEASE READ THESE TERMS OF USE CAREFULLY:
If you disagree with any part of these Terms of Use, please refrain from using our Site. We may update these Terms of Use from time to time and may condition your continued use of our Site on your agreeing to those revised terms.
The terms “Docomaker", "us", "our" or "we" refers to Docomaker, a business registered in Australia, the owner of this Site. The term "you" refers to you, as a User of our Site.
By continuing to browse or use this website or any mobile application or services made available through Docomaker (collectively, the "Site"), you are agreeing to comply with and be bound by the following terms and conditions of use (the "Terms of Use" or "Terms"), which together with our Privacy Policy govern Docomaker relationship with you in relation to the Site.
1. The Site
Eligibility. To access or use the Site, you must be 16 years or older and have the power and authority to enter into these Terms. If you are 16 or older, but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these terms with your parent or guardian to make sure that the both you and your parent or guardian understand and agree to these Terms. You agree to have your parent or guardian review and accept these terms on your behalf. If you are a parent or guardian agreeing to these Terms for the benefit of a child over 16, then you agree and accept full responsibility for that child's use the Site, including all financial charges and legal liability that he or she may incur.
Permission to Use the Site. We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk.
Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
2. General Terms
Privacy Policy. We care about your privacy. You can read our Privacy Policy here.
Payment Processor. Charges for future purchases on this Site are processed by a third party payment processor and are subject to their additional terms and conditions. All purchases will be made in accordance with our Delivery and Returns Policy.
Your Information Is Accurate. You represent and warrant to us that any information you provide to Docomaker, including any contact information, is accurate and that you will keep it accurate and up to date. If you do not wish to input certain information due to personal concerns, then please omit this information when you register for and use the Site.
Communications from Docomaker. By entering contact details, you agree to receive communications we send in connection with the Site. For example, you may receive occasional updates about news, special promotions, content and events. Such communications may be sent by email, text message, social media messaging, browser notifications or other means. So long as you have shared your contact details on the Site, we reserve the right to communicate with you about important administrative issues relating to you (including technical, security-related, privacy and functional issues).
Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by telephone service providers ("Carrier"), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Site (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.
3. Content
General. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, testimonials, compliments, invitations, check-ins, messages, and information that you publicly display. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. “Docomaker Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Docomaker or Users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Docomaker Content.
Your Content. You retain all of your ownership rights in Your Content. However, we may use Your Content in several different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms and any other media channel now known or hereafter discovered or developed ("Other Media"); which use may occur while you are a user or anytime thereafter. Your Content may be made public without any additional notice to or consent by you and you should assume that any person may read Your Content. Even if Your Content is removed from the Site, Docomaker may retain Your Content in backups indefinitely and Your Content may be cached in search engine indices after removal and Docomaker has no control over such caching. By submitting Your Content to Docomaker, you hereby grant Docomaker a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any Other Media. You also hereby grant each user of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms of Use. You irrevocably waive, and cause to be waived, against Docomaker and users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works and otherwise exploit Your Content.
Docomaker Content. Unless stated otherwise, we own the Docomaker content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. Unless stated otherwise, we also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Docomaker Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Docomaker content in whole or in part except as expressly authorized by us in writing.
Trademarks. “Docomaker", the “Docomaker" logo and all other names, logos, and icons identifying Docomaker and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of Docomaker and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Docomaker is strictly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of Docomaker or any third party.
4. Billing and Payment
Pricing. All prices are shown in USD and AUD (except where otherwise noted); taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Taxation. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of the Site (including, without limitation, any Taxes that may become payable as the result of your financial transactions on the Site.
Errors. We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such errors and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged.
5. Usage
Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
Violate these Terms of Use;
Attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site through hacking, password mining or any other means;
Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Termination of Use; Discontinuation and Modification of the Service. We reserve the right to modify or discontinue the Site at any time (including, without limitation, by limiting or discontinuing certain features of the Site) without notice to you. We will have no liability whatsoever on account of any change to the Site.
6. Feedback
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Docomaker and its users any claims and assertions of any moral rights contained in such Feedback.
Please note, we cannot accept liability for loss of any unsolicited material which you send us. If you do send us any materials (including programme ideas, formats, taster tapes, showreels), please be aware that your submitted material may contain ideas which are the same or similar to ideas which have already been independently developed by us or other third parties and so you expressly understand and accept when sending unsolicited material to us that we may have already independently developed or acquired ideas without use of your submitted material or may do so in the future. In such event, there will be no breach of your copyright or confidentiality.
7. Third Parties
Linked Sites. The Site may include links or access to other web sites or services ("Linked Sites") solely as a convenience to users. Docomaker does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Docomaker makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT Docomaker WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE, INCLUDING ADVERTISERS WHO ARE REVIEWED OR OTHERWISE FEATURED ON THIS SITE.
8. Electronic Signatures and Agreements
You Are Entering Into a Binding Contract. You acknowledge and agree that by clicking on buttons or boxes labeled "I AGREE ...", "I CONSENT ...", "DOWNLOAD", "I ACCEPT ..." or such similar links as may be designated by Docomaker to accept the terms and conditions of these Terms of Use, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.
9. Warranty Disclaimer
No Warranty. The site is made available to you on an "As is", "With all faults" and "As available" basis. As such, your use of the site is at your own discretion and risk. Docomaker makes no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, Docomaker is not liable to you for any loss or damage that might arise, for example, from the site's inoperability, unavailability or security vulnerabilities.
Third Parties. Docomaker is not an agent of any third party provider. Docomaker makes no claims or promises with respect to any third party, including our information sharing partners or any businesses or advertiser listed on the site. Accordingly, Docomaker is not liable to you for any loss or damage that might arise from the actions or omissions of such third parties, including, for example, if another user or business misuses your content, identity or personal information.
Disclaimer of Warranties. Docomaker expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of Docomaker shall create a representation or warranty. Without limiting the foregoing, Docomaker does not warrant or make any representations (i) that the site and any downloadable software, applications, content, services, or applications made available in conjunction with or through the site will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or (ii) regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. Any material or data that you download or otherwise obtain through the site is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material or data.
Remedy. Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site.
Disclaimer. Docomaker disclaims liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
10. Limitation of Liability
No Liability. Neither Docomaker nor any of its officers, directors, employees, partners, agents, affiliates or licensors shall be liable to you or any other person for any damages whatsoever, including any direct, indirect, incidental, special or consequential damages arising out of or relating to your use of our Site or Content.
Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
11. Indemnification
You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys' fees ("Claims"), that arise from your breach of these Terms or your use or misuse of our Site or Docomaker content. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defences.
12. Termination
Unsubscribing. You may unsubscribe from our mailing and contact list by clicking the ‘unsubscribe’ link found at the bottom of any emails we send to you.
Losing Rights to the Site. We may suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing the Site, or any other related information.
Terms Continue After Termination. In the event of any termination of these Terms, whether by you or us, these Terms will continue in full force and effect.
13. Disputes
Governing Law. You irrevocably agree that the Federal courts of Australia will have exclusive jurisdiction to settle any dispute, but Docomaker is entitled to apply to any court worldwide for injunctive or other remedies in order to protect or enforce their respective Intellectual Property Rights and/or Confidential Information.
Limitations of Actions. Any Claim must be brought within six (6) months after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within the six (6) month period, such Claim shall be forever barred.
14. Miscellaneous
Modification of Terms. These terms may be modified by Docomaker from time to time in its sole discretion.
Continuity of Site. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
Entire Agreement. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Waiver. Any failure on Docomaker's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. 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.
Severability of Terms. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Docomaker’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Notices. Except as explicitly stated otherwise, legal notices will be served, with respect to Docomaker, and, with respect to you, to the email address you provide to Docomaker during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing. Notices to Docomaker concerning these Terms should be sent to: tim@timnoonan.tv