iPadDoodler Terms and Conditions
Contact: http://www.ipaddoodler.com/contact
1. iPadDoodler's relationship with you.
1.1 Welcome to the iPadDoodler.com website (the "Website"). The terms "we", "us", "our", "iPadDoodler" and "Fixdit" refer to Fixdit Ltd., and our corporate affiliates and websites (collectively, "Fixdit"). The term "you" and "your" refers to the user visiting the Website and/or contributing content on this Website. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with iPadDoodler, your agreement with iPadDoodler will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with iPadDoodler will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and iPadDoodler in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that particular Service.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) checking the 'I have read and agree with these Terms and Conditions' checkbox on the registration page (http://www.ipaddoodler.com/user/register) and pressing the 'Create my gallery' button.
(B) by actually using the Services. In this case, you understand and agree that iPadDoodler will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with iPadDoodler, or (b) you are a person barred from receiving the Services under the laws of the United Kingdom or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your own records.
3. Language of the Terms
3.1 Where iPadDoodler provides you with a translation of the English language version of the Terms, the translation is provided for your convenience only, and you agree that the English language version of the Terms will govern your relationship with iPadDoodler.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence
4. Changes to the Terms
4.1 iPadDoodler may change these terms at any time by posting changes online.
4.2 You understand and agree that your continued use of iPadDoodler's Services after changes are posted means that you agree to be legally bound by these terms as updated and/or amended.
4.3 Please review these terms regularly to ensure that you are aware of any changes made by iPadDoodler.
5. Provision of the Services by iPadDoodler
5.1 iPadDoodler is constantly innovating it's Services in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which iPadDoodler provides may change from time to time without prior notice to you.
5.3 As part of this continuing innovation, you acknowledge and agree that Fixdit may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at iPadDoodler's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform iPadDoodler when you stop using the Services.
5.4 You acknowledge and agree that if iPadDoodler disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5.5 You acknowledge and agree that while iPadDoodler may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by iPadDoodler at any time, at iPadDoodler's discretion.
6. iPadDoodler Website
6.1 These Terms apply to all users of the iPadDoodler Website, including users who are also contributors of Content, information, and other materials or services on the Website. The Fixdit Website includes all aspects of iPadDoodler, including but not limited to all products, software and services offered via the website and other applications.
6.2 The Services may include hyperlinks to other web sites or content or resources. iPadDoodler may have no control over any web sites or resources which are provided by companies or persons other than iPadDoodler.
6.3 You acknowledge and agree that iPadDoodler is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
6.4 Accordingly, we encourage when you leave the iPadDoodler Website to carefully read the Terms and privacy policy of each other website that you visit.
7. Use of the Services by you
7.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Fixdit will always be accurate, correct and up to date.
7.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).
7.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by iPadDoodler, unless you have been specifically allowed to do so in a separate agreement with iPadDoodler.
7.4 You agree not to alter or modify any part of the Website, including but not limited to iPadDoodler's related technologies.
7.5 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
7.6 Unless you have been specifically permitted to do so in a separate agreement with iPadDoodler, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
7.7 You agree that you are solely responsible for (and that iPadDoodler has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which iPadDoodler may suffer) of any such breach.
8. Your passwords and account security
8.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
8.2 Accordingly, you agree that you will be solely responsible to iPadDoodler for all activities that occur under your account.
8.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify iPadDoodler immediately at http://www.ipaddoodler.com/contact.
9. Privacy and your personal information
9.1 For information about iPadDoodler's data protection practices, please read iPadDoodler's Privacy Policy at http://www.ipaddoodler.com/privacy-policy. This policy explains how iPadDoodler treats your personal information, and protects your privacy, when you use the Services.
9.2 You agree to the use of your data in accordance with iPadDoodler's privacy policies.
10. Content in the Services
10.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
10.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to iPadDoodler (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by iPadDoodler or by the owners of that Content, in a separate agreement.
10.3 iPadDoodler reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. There are commercially available services and software to limit access to material that you may find objectionable.
10.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
10.5 You agree that you are solely responsible for (and that iPadDoodler has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which iPadDoodler may suffer) by doing so.
11. Proprietary rights
11.1 You acknowledge and agree that iPadDoodler (or iPadDoodler's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by iPadDoodler and that you shall not disclose such information without iPadDoodler's prior written consent.
11.2 Unless you have agreed otherwise in writing with iPadDoodler, nothing in the Terms gives you a right to use any of iPadDoodler's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
11.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with iPadDoodler, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.
11.4 Other than the limited license set forth in Section 11, iPadDoodler acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with iPadDoodler, you agree that you are responsible for protecting and enforcing those rights and that iPadDoodler has no obligation to do so on your behalf.
11.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
11.6 Unless you have been expressly authorised to do so in writing by iPadDoodler, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
12. Licence from iPadDoodler
12.1 iPadDoodler gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by iPadDoodler as part of the Services as provided to you by iPadDoodler (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by iPadDoodler, in the manner permitted by the Terms.
12.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by iPadDoodler, in writing.
12.3 Unless iPadDoodler has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
13. Content licence from you
13.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give iPadDoodler a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Fixdit to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
13.2 iPadDoodler claims no ownership or control over any Content posted by users of iPadDoodler. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the iPadDoodler staff in protecting such Content. The user posting any Content represents that the poster has all rights necessary to post such Content (and for iPadDoodler to serve such Content) without violation of any intellectual property or other rights or any laws or regulations;
13.3 You agree that this licence includes a right for iPadDoodler to make such Content available to other companies, organisations or individuals with whom iPadDoodler has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
13.4 You understand that iPadDoodler, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit iPadDoodler to take these actions.
13.5 You confirm and warrant to iPadDoodler that you have all the rights, power and authority necessary to grant the above licence.
14. Links to iPadDoodler
14.1 You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray iPadDoodler or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
14.2 This limited right may be revoked at any time.
15. Software updates
15.1 The Software which you use may automatically download and install updates from time to time from iPadDoodler. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit iPadDoodler to deliver these to you) as part of your use of the Services.
16. Terminating your relationship with iPadDoodler
16.1 The Terms will continue to apply until terminated by either you or iPadDoodler as set out below.
16.2 If you want to terminate your legal agreement with iPadDoodler, you may do so by (a) notifying Fixdit at any time. Your notice should be sent, in writing, to iPadDoodler's contact address: 100 Waverley Road, St.Albans, Hertfordshire, AL3 5TQ.
16.3 iPadDoodler may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) iPadDoodler is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom iPadDoodler offered the Services to you has terminated its relationship with Fixdit or ceased to offer the Services to you; or
(D) iPadDoodler is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by iPadDoodler is, in iPadDoodler's opinion, no longer commercially viable.
16.4 Nothing in this Section shall affect iPadDoodler's rights regarding provision of Services under Section 5 of the Terms.
16.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and iPadDoodler have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 23.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
17. Exclusion of Warranties
17.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
17.2 The Services are provided "as is" and iPadDoodler makes no warranty or representation to you with respect to them.
17.3 In particular, iPadDoodler does not represent or warrant to you that:
(a) your use of the Services will meet your requirements;
(b) your use of the Services will be uninterrupted, timely, secure or free from error;
(c) any information obtained by you as a result of your use of the Services will be accurate or reliable; or
(d) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
17.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
18. Limitation of Liability
18.1 Nothing in these Terms shall exclude or limit iPadDoodler's liability for losses which may not be lawfully excluded or limited by applicable law.
18.2 Subject to the overall provision in paragraph 18.1 above, iPadDoodler shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes which iPadDoodler may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
(iv) your failure to provide iPadDoodler with accurate account information;
(v) your failure to keep your password or account details secure and confidential;
18.3 The limitations on iPadDoodler's liability to you in paragraph 15.1 above shall apply whether or not iPadDoodler has been advised of or should have been aware of the possibility of any such losses arising.
19. Copyright and trade mark policies
19.1 It is iPadDoodler's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of iPadDoodler's policy can be found at http://www.Fixdit.co.uk/dmca.html.
19.2 iPadDoodler operates a trade mark complaints procedure in respect of Fixdit's advertising business, details of which can be obtained by contacting us at http://www.ipaddoodler.com/contact.
19.3 Any third-party trade or service marks present on the Fixdit Content are trade or service marks of their respective owners.
19.4 You may not use an iPadDoodler logo or other proprietary graphic of iPadDoodler to link to the Site without the express written permission of iPadDoodler.
19.5 You may not use, frame or utilise framing techniques to enclose any iPadDoodler trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without iPadDoodler's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of iPadDoodler or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of iPadDoodler or any third party without the prior written permission of iPadDoodler or such other party that may own such patent, trademark, copyright or other proprietary right(s).
20. No agency
You and Instructables are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
21. Advertisements
21.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
21.2 The manner, mode and extent of advertising by iPadDoodler on the Services are subject to change without specific notice to you.
21.3 In consideration for iPadDoodler granting you access to and use of the Services, you agree that iPadDoodler may place such advertising on the Services.
22. Other content
22.3 You acknowledge and agree that iPadDoodler is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
23. General legal terms
23.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
23.2 The Terms constitute the whole legal agreement between you and iPadDoodler and govern your use of the Services (but excluding any services which iPadDoodler may provide to you under a separate written agreement), and completely replace any prior agreements between you and iPadDoodler in relation to the Services.
23.3 You agree that iPadDoodler may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
23.4 You agree that if iPadDoodler does not exercise or enforce any legal right or remedy which is contained in the Terms (or which iPadDoodler has the benefit of under any applicable law), this will not be taken to be a formal waiver of iPadDoodler's rights and that those rights or remedies will still be available to iPadDoodler.
23.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
23.6 You acknowledge and agree that each member of the group of companies of which iPadDoodler is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
23.7 The Terms, and your relationship with iPadDoodler under the Terms, shall be governed by English law. You and iPadDoodler agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that iPadDoodler shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
