Terms of Use
1 Introduction
1.1 These Terms and Conditions of Use set out the rights and obligations of users of the Doshimodo.com Website ( herein also referred to as “Us”, “We”, “Our” and “Website”) In accessing, visiting, or utilizing the Website, all use of the same by anyone accessing the Website is subject to these Terms and Conditions of Use and all people accessing the Website are deemed to understand and accept these Terms and Conditions of Use without limitation or qualification. If any person accessing the Website does not accept these Terms and Conditions of Use, they should immediately desist from using the Website.
1.2 We reserve the right to change and/or update these Terms and Conditions of Use from time to time. Such variations will take effect immediately upon the posting of the updated Terms and Conditions of Use upon the Website. In continuing to use the Website, any person accessing the Website is deemed to accept such variations.
1.3 We also reserve the right to withdraw or modify any aspect of the Website for whatever reason, whether legal, technical or otherwise.
2 Information, Accuracy and Availability
2.1 Whilst we make every effort to present accurate and reliable material and information on the Website, it does not endorse, approve or certify any material and information on the Website as true or accurate, nor does it guarantee the completeness, efficacy or timeliness of such material and information. Reference to any product, process or service does not constitute nor imply endorsement or recommendation from us unless expressly stated. Accordingly, we do not accept any liability arising from any inaccuracy or omission in the information provided or in relation to any such product, process or service.
2.2 Furthermore, we make no representations or warranties about the suitability of the information contained in the Website for any purpose. We hereby disclaim all warranties and conditions with regard to this information, including, to the extent enforceable, all warranties and conditions whether express, implied or statutory, of satisfactory quality, fitness for a particular purpose and non-infringement of third party rights.
2.3 Any persons accessing the Website do so entirely at their own risk.
3 Links to Other Website
3.1 At certain places on the Website, hypertext links are provided to enable any person accessing the Website to directly access other third party Websites. These third party Websites contain material or information created, published and maintained by organisations independent of us. We do not endorse, approve, certify or control these external sites, nor any product or service referred to on them and does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such Websites.
3.2 We assume no responsibility for any consequences resulting from the use of any material and information contained on the Website or on any linked third party Website and expressly disclaims all liability for damage arising out of the use, reference to, reliance upon or performance due to such information.
4 Representations and Warranties
4.1 Persons accessing the Website will not seek to amend anything on the Website or include or create any link on the Website for purely advertisement purposes without our express written consent.
4.2 Persons accessing the Website will not remove or change any copyright, trademark or other intellectual property notices contained on any material copied or printed off the Website, or use such materials for a purpose not envisaged by these Terms and Conditions of Use.
4.3 Persons accessing the Website must not seek to introduce any computer virus (including any variant or similar code or instructions) to the Website, nor deliberately seek to prevent or hinder the Websites’ usual operations in any manner whatsoever.
4.4 Persons accessing the Website will indemnify and hold us harmless against all and any loss, damage or expense howsoever incurred by We arising from any non observance by such person of any of these Terms and Conditions of Use. In addition and without prejudice to any other remedy that may be available to us hereunder, in the event that any person accessing the Website breaches any of these Terms and Conditions of Use they will as soon as practicable and at their own cost remedy any such breach.
5 Alerting Us
If persons accessing the Website see anything on the Website which appears to infringe these Terms and Conditions of Use, please contact us either in writing, calling, or by email here. It is expressly agreed that we reserve the right at its sole discretion and at any time without notice to exclude any person from accessing the Website including in circumstances where we anticipate that any persons accessing the Website will act other than in accordance with these Terms and Conditions of Use or establishes that such persons are acting or have acted other than in accordance with these Terms and Conditions of Use.
6 Intellectual Property & Use of the Website
6.1 All patents, registered designs, registered trade marks and any applications for such registered rights, copyright, database rights, unregistered design rights, unregistered trade marks, trade or business names (including internet domain names) and all other rights of a similar nature or having equivalent or similar effect to any of the foregoing as in each case may exist in and relating to us and the Website anywhere in the world are owned by us or third parties and will remain vested in them.
6.2 Persons accessing the Website may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Websites’ content in any way except for your own personal, non-commercial use, unless you have written permission by us. You also agree not to adapt, alter or create a derivative work from any the Websites’ content except for your own personal, non-commercial use, unless you have written permission by us. Any other use of the Websites’ content requires the prior written permission of us.
6.3 Persons accessing the Website agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
6.4 We neither warrant nor represents that any person’s use of the material displayed on the Website will not infringe rights of third parties.
7 Limitation of liability
7.1 We will not be liable to persons accessing the Website or any third party for any direct, indirect or consequential loss or damage howsoever caused (whether arising out of any negligence or breach of these Terms and Conditions of Use or otherwise).
7.2 We will not be liable for any failure to perform its obligations under these Terms and Conditions of Use caused by matters beyond its control, howsoever arising.
8 Non-excluded Liabilities
Nothing in these Terms and Conditions of Use limits our liability for death or personal injury resulting from our negligence, or any other liability which may not be lawfully excluded.
9 Assignment
We reserves the right to assign these Terms and Conditions of Use and to assign or subcontract all or any of their rights and obligations under these Terms and Conditions of Use. Persons accessing the Website may not without the written consent by us assign these Terms and Conditions of Use.
10 Contributions
10.1 Where you are invited to submit any contribution to the Website you agree, by submitting your contribution, to grant us a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in our Privacy Policy set in paragraph 15 hereof. If you do not want to grant to us the rights set out above, please do not submit your contribution to the Website, although we are not set out to enforce it if we choose not to.
10.2 Further to paragraph 10.1, by submitting your contribution to either of the Website, you warrant that your contribution:
is your own original work and that you have the right to make it available to us for all the purposes specified above;
is not defamatory;
does not infringe any law;and
does not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, right of confidentiality, privacy, publicity, personal or proprietary rights.
and you indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranties, and waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and for the purposes specified above.
10.3 We reserves the right to remove from and block contributions to the Website which
are likely to disrupt, provoke, attack or offend others
are racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable or contain swear words or other language likely to offend
break the law or condone or encourage unlawful activity (this includes breach of copyright or right of confidentiality, defamation and contempt of court).
advertise products or services for profit or gain
are seen to impersonate someone else
include contact details such as phone numbers, postal or email addresses
are written in anything other than English
contain links to other Website
describe or encourage activities which could endanger the safety or well-being of others
are considered to be ‘spam’, that is posts containing the same, or similar, message posted multiple times
10.4 If you breach these Terms of Use or otherwise engage in any disruptive behaviour on the Website, We may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer or email provider about the infringement/s. We reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
11 Entire Agreement
These Terms and Conditions of Use represent the whole agreement between persons accessing the Website and us concerning the Website and they replace all earlier agreements and understandings between such persons and us. Any person who is not a party to any agreement formed under these Terms and Conditions of Use has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of these Terms and Conditions of Use.
12 Severability
In the event that any term of these Terms and Conditions of Use is held to be invalid or unenforceable by a court of appropriate jurisdiction, the remaining Terms and Conditions of Use shall remain valid and enforceable.
13 Law
These Terms and Conditions of Use shall be governed and construed in accordance with the laws of United States of America.
14 Language
In the event of any conflict or inconsistency between the terms of the English version of these Terms and Conditions of Use and any translation, whether provided by We or otherwise, the English version of the Terms of Conditions of Use shall prevail.
15 Privacy Policy
This Privacy Policy sets out what personal information we gather about you when you visit the Website, and how we may use that information and who we may share it with.
16 Downloading: Standard Licence Terms
By downloading an RSS Feed (“Doshimodo’s Feed”) or by downloading any information, materials or logos from us, you agree to be bound by the terms set out below (the “Standard Licence”). This Standard Licence may be updated by us from time to time and such updated Standard Licence terms shall take effect from the date of the update. Please review the terms of this Standard Licence each time you download our Feed or any information, materials or logos from the Website.
Your download and/or use of our Feed indicates your agreement to this Standard Licence.
16.1 Licence
16.1.1 Subject to this Standard Licence, We grant you a non-transferable, non-sublicensable, royalty free non-exclusive licence to display on your website (“Site”) any information, materials or logos that you download or specifically select to receive from us via our Feed (“Doshimodo’s Content”).
16.1.2 All title, ownership rights and intellectual property rights in and to our Feed shall remain our property.
16.1.3 The Intellectual Property Clause (paragraph 6 above) shall apply to this Standard Licence.
16.2 Use of Doshimodo’s Content
16.2.1 You may not use our Feed or display any of Doshimodo’s Content on any Site that is a website that is excluded by us (scroll down for the list of Excluded Website, as may be amended by us from time to time).
16.2.2 You may not directly or indirectly charge users specifically for accessing our Content or otherwise commercialise such content, or attempt to re-sell our Content in any way.
16.2.3 You may not directly suggest any endorsement or approval by us of your Site or entity, product or content or any views expressed within your Site or service.
16.2.4 You may not directly or indirectly change, edit, add to or produce summaries of our Content or any content on the Website.
16.2.5 Should you receive any enquiries which relate to our Content you should promptly refer such enquiries to us.
16.3. Warranties and liability
16.3.1 You warrant to We that:
16.3.1.1 you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
16.3.1.2 the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings We into disrepute, or which is in breach of any third party intellectual property rights; and
16.3.1.3 users of the Site shall be required to comply with terms that are equivalent to the terms of the Standard Licence in relation to their use of our Content.
16.3.2 Our Feed is made available by us on an “as is” and “as available” basis and We give no warranty of any kind in relation to our Feed, our Content, or any content on the Website. We disclaim all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility and accuracy regarding our Content, our Feed and the Website and any content thereon.
16.3.3 To the maximum extent permitted by law, We exclude all liability to you for any loss or damage howsoever arising out of or in connection with this Standard Licence, including but not limited to any liability arising in relation to our Feed,our Content or any content on the Website, any virus or other contamination or any unavailability of our Content.
16.3.4 Each provision of this clause 16.3 operates separately in itself and survives independently of the others.
16.4. Indemnity
You hereby agree to indemnify, hold harmless and defend us in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of this Standard Licence or otherwise in connection with your use of our Feed, including our Content.
16.5. Termination
16.5.1 You may terminate this Standard Licence at any time by destroying or removing all copies of our Feed (including our Content) from your Site, all hard drives, networks and other storage media.
16.5.2 We may restrict, suspend or terminate our Feed, this Standard Licence or your access to our Feed at any time without liability. You agree to destroy all copies of the our Feed (including our Content) upon receiving notice of termination from us. Notwithstanding the above, We shall retain the right to automatically disable or terminate our Feed (including our Content).
16.5.3 Clause 16.3, 16.4 and 16.6 shall survive termination of this Standard Licence.
16.6. General
16.6.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Standard Licence in whole or in part to any third party.
16.6.2 This Standard Licence supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Standard Licence.
16.6.3 Any failure or delay by either party in exercising its rights under any provisions of this Standard Licence shall not be construed as a waiver of those rights at any time now or in the future.
16.6.4 This Standard Licence shall be governed by, construed and take effect in accordance with the law and shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Standard Licence.
16.7. Excluded Website
Our RSS Feeds and any Content contained in our RSS Feeds may only be displayed on Website that do not fall into any one or more of the categories listed below. A Site will be deemed to fall within one of the following categories where there is any section of the Site that falls within such category:
16.7.1 sites that incite hatred, whether based on race, religion, gender, sexuality or otherwise or promote or encourage or facilitate anti-social behaviour;
16.7.2 sites that promote, encourage or facilitate violence;
16.7.3 sites that promote, encourage or facilitate terrorism or other activities that risk national security;
16.7.4 sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
16.7.5 sites that promote, facilitate or encourage illegal activity;
16.7.6 sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under law; or
16.7.7 sites that link to other sites deemed to fall within clauses 16.7.1 – 16.7.6 above.
16.8 Accreditation
Any Doshimodo Feed or Content on your Site must incorporate an attribution (credit) to Us in the form of a text-link back to the Doshimodo Homepage (at http://Doshimodo.com/). Thanks.