Mar 4th 09
1.1 Welcome to the Dockwalk.com (“Dockwalk”, "we", "us" and "our") Website (the “Site”). These terms and conditions ("Terms") will apply to each user ("you" and "your") who wishes to use the Site and/or use and access the services on the Site (collectively, the "Services").
1.2 In order to access and use the Services, you must accept these Terms by clicking the "I accept" button when you register. By using or accessing the Site and the Services provided through or accessed on the Site, you are agreeing to be bound by these Terms , and in return, Dockwalk grants you a personal, non-transferable and non-exclusive limited license to access and use the Services.
2. User Obligations
2.1 You must comply with these Terms in order to access and use the Site and Services.
2.2 You must be 18 years or older to use the Services.
2.3 Should you create a login and apply for an account (a “Dockwalk Account”), you must provide accurate and complete registration information, and you are responsible for any activity that occurs under your username and for keeping your password secure.
2.4 You must not use the Services to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights (including rights of privacy and publicity) of others.
2.5 You must not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
2.6 You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, or links ("Content") that you submit, post, display and/or distribute on or through the Services. As such you must not:
2.6.1 modify, adapt, create derivative work of, reverse engineer, or hack the Site or the Services (including any of its subpages or software provided on or through the Site) or modify another website so as to falsely imply that it is associated with Dockwalk;
2.6.2 create or submit unwanted email communications to any other user ("Spam");
2.6.3 transmit any worms, viruses or any code of a destructive nature; or
2.6.4 violate any laws in your jurisdiction (including, but not limited to, proprietary rights, intellectual property rights, data protection legislation and distance selling).
2.7 While Dockwalk prohibits such conduct and Content on its Site and is not responsible for any conduct or Content on its Site by members and you may be exposed to such materials. You should use caution while browsing the Internet using links initiated on the Site. Dockwalk is not responsible for the Content on any such links. Such links may unintentionally lead to other sites containing information that you may find inappropriate or offensive; or is inaccurate, false or misleading or advertising; or violates copyright, libel or defamation laws. You use the Services at your own risk. Please report any such Content or conduct to Dockwalk.
3. Dockwalk's Rights
3.1 We reserve the right to modify or terminate the Services for any reason, without notice, at any time.
3.2 We reserve the right to alter these Terms at any time. If the alterations constitute a material change (to be determined at Dockwalk's reasonable discretion) to the Terms, we will notify you via internet mail.
3.3 We reserve the right to refuse service to anyone for any reason at any time.
3.4 We may, but have no obligation to, remove Content and Dockwalk Accounts containing Content that we determine in our sole discretion are advertisements, unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms. You agree that any Content you provide shall not contain any advertisements or links to any of your affiliate websites, to be determined by Dockwalk (directly or indirectly).
4. Term and Termination
These Terms are effective (as amended from time to time) from the time you first accept them and shall continue in full force and effect until your Dockwalk Account is terminated:
4.1 by you at any time;
4.2 by Dockwalk, with or without notice, at any time; or
4.3 by you violating any of these Terms,
after any of which, you shall have no further rights to use the Services.
5. Intellectual Property Rights
5.1 Unless there is a written agreement between you and Dockwalk, you understand and agree that nothing in these Terms gives you the right to use Dockwalk’s trademarks, tradenames, service marks, logos, domain names, and any other distinctive brand features.
5.2 You own your Content. We claim no intellectual property rights over the Content you provide through your Dockwalk Account. Your profile and materials uploaded remain your property.
5.3 By submitting any Content to the Site, you agree to grant Dockwalk and its users permission to access and use your Content. As such, you grant to Dockwalk a non-exclusive, worldwide, assignable, sub-licensable, royalty-free license to publish, use, reproduce, distribute, transmit, adapt, modify, create derivative of, provide user access to, publicly perform and publicly display, in every manner and medium existing at the time, any and all Content (in whole or in part) solely for the purpose for which such Content was submitted. This license shall be in effect for so long as such Content remains on the Site, and will terminate when the Content is removed.
5.4 Dockwalk undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with:
5.4.1 A physical or electronic signature of the subsisting intellectual property right owner or other person authorized to act on their behalf;
5.4.2 A description of the copyright work or other intellectual property right that you claim has been infringed;
5.4.3 A description of where the allegedly infringing material is located on the Site;
5.4.4 Your contact information, including your address, telephone number, and email;
5.4.5 A statement by you that you have a good faith belief that use of the material in the manner complained of is infringing and how; and
5.4.6 A statement by you that the above information is accurate and that you are the intellectual property right owner or authorized to act on their behalf.
5.4.7 Send claims to copyright@Dockwalk.com or Dockwalk.com, Ward House, 5-7 Kingston Hill, Kingston upon Thames, Surrey. KT2 7PW. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA).
5.5 By submitting ideas, comments, suggestions, documents, and/or proposals ("User Comments") to Dockwalk through the Services, you grant Dockwalk permission to use or disclose, without any restriction or limitation, any such User Comments for any purpose, in any way, in any media worldwide. You therefore acknowledge and agree that: (a) Dockwalk is not under any obligation of confidentiality, express or implied, with respect to such User Comments; (b) Dockwalk may have under consideration or in development something similar to such User Comments already; and (c) you are not entitled to any compensation or reimbursement of any kind from Dockwalk under any circumstances for such User Comments.
6. Limitations and Exclusions
6.1 DISCLAIMER OF WARRANTIES.
6.1.1 DOCKWALK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE SITE OR SERVICES.
6.1.2 DOCKWALK DISCLAIMS ANY AND ALL RESPONSIBILITY
(a) OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE SITE;
(b) FOR THE CONDUCT OF ANY USER OR VISITOROF THE SITE ;
(c) FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; AND
(d) FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE SITE.
6.1.3 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOCKWALK MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
6.2 LIMITATION OF LIABILITY.
6.2.1 UNDER NO CIRCUMSTANCES WILL DOCKWALK BE LIABLE FOR ANY INDIRECT INJURY, LOSS, CLAIM DAMAGES OR ANY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF DATA, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, THE USE OF THE SITE OR SERVICES, OR THE INTERNET GENERALLY WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT DOCKWALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION,
(a) YOUR USE OR INABILITY TO USE THE SITE AND/OR SERVICES;
(b) ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SITE AND/OR SERVICES;
(c) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISION OR DATA;
(d) ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED;
(e) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE AND/OR SERVICES; OR
(f) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE AND/OR SERVICES.
SUCH LIMIATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON DOCKWALK, THE SITE AND/OR SERVICES.
6.2.2 IF YOU ARE DISSATISFIED WITH THE SITE AND/OR SERVICES, YOU SHOULD DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES.
7. Indemnity and Waiver
7.1 You agree to hold harmless and indemnify Dockwalk, its successors and assigns and each of their respective shareholders, directors, officers, employees and agents from and against any action, cause claim, suit, judgment, damage (actual and consequential), debt, demand, expense or liability (including reasonable costs and attorney’s fees) of every kind and nature, asserted by any person, arising from or in any way related to:
7.1.1 the content you submit, transmit, post or otherwise make available through the Services;
7.1.2 any violation by you of these Terms; or
7.1.3 any violation by you of any rights of another.
7.2 You waive the right to bring any claim or action against Dockwalk for any loss, damage or injury arising from the use of the Site or Services or these Terms.
8.1 Clauses 3, 5, 6, 7 and 8 of these Terms shall survive any termination or expiration.
8.2 These Terms shall be governed by and construed in accordance with the laws of England. You and Dockwalk agree to submit to the exclusive jurisdiction of the English courts to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that Dockwalk shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.3 No waiver of any term, provision or condition of these Terms in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition, nor shall such waiver constitute a continuing waiver of any such term, provision or condition. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that if Dockwalk does not exercise or enforce any legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of Dockwalk’s rights and that those rights or remedies will still be available to Dockwalk.
8.4 These Terms constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, concerning the Site and Services.
8.5 If any action in law or in equity is necessary to enforce the terms of these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
8.6 In the event any provision in these Terms is determined to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforceable to the full extent of the permitted by the Applicable Law.
8.7 No provisions of these Terms are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind except as so provided. The section labeled “Indemnity and Waiver” is intended to benefit Dockwalk and its stockholders, officers, directors, employees, and agents.
8.8 Where users collaborate with one another as a result of use of the Site and/or Services, they do so as independent contracting parties. You acknowledge that Dockwalk will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration.
8.9 Dockwalk may assign its rights and duties under these Terms to any party at any time without notice to you. You may not transfer or assign any of your rights and duties under these Terms without the prior written consent of Dockwalk.
8.10 You agree that Dockwalk may provide you with any notices by e-mail, regular mail, or postings through the Site.