Terms and Conditions

The following Terms of Use should be reviewed carefully. If you do not agree to these Terms of Use, do not use this web site or any service, feature or program found therein (collectively referred to as “Web Site”). By accessing, using, uploading, or downloading materials from this Web Site you agree to be bound by these Terms of Use. Doki Inc. (“Doki”) reserves the right to make changes or updates to these Terms of Use at any time without notice. Please visit the site periodically to review the most current terms governing your use of this Web Site.

NOTICE SPECIFIC TO INFORMATION AVAILABLE ON THIS WEB SITE

The information contained or referred to on this Web Site comes from a variety of sources and may not be accurate, error-free, complete, or current. This Web Site is provided as a service to its visitors and the Web Site information is provided on an “AS IS” basis and use of such information are at your own risk. Doki reserves the right to delete, modify or supplement the content of this Web Site at any time for any reason without notification to anyone.

DOKI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF ANY INFORMATION, CONTAINED IN OR REFERRED TO IN THIS WEB SITE, FOR ANY PURPOSE. DOKI ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS, WARRANTIES, AND CONDITIONS WITH REGARD TO THIS WEB SITE AND/OR THE INFORMATION CONTAINED IN OR REFERRED TO IN THIS WEB SITE INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL DOKI BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, EITHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE

Any software that is made available to download from this web site (“Software”) is the copyrighted work of Doki and/or its suppliers. The Software is made available for downloading solely for use by end users and any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this web site from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. DOKI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL DOKI BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, EITHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

Doki is responsible for content generated by Doki on this Web Site. However, this Web Site may contain links to web sites controlled by parties other than Doki. Doki does not review, is not responsible for, and does not endorse the contents, policies, or use of these third-party web sites. Any links to other web sites are provided as merely a convenience to the users of this Web Site and your decision to view or use any of such linked web sites is at your own risk.

 

COPYRIGHT INFORMATION

©2017 Doki Inc. All rights reserved.

All materials contained on this Web Site are protected by the United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Doki. You may not alter or remove any trademark, copyright, or other notice from copies of the content.

 

TRADEMARK INFORMATION

Doki is a registered trademark, and other Doki product and service names and slogans referenced in this Web Site are trademarks or registered trademarks of Doki, and/or their Affiliated Entities (“Affiliated Entities” include Doki’ parent company). Doki trademarks may not be used without the prior written authorization of the owner, except to identify the corresponding products or services. All other company, product or service names referenced in this Web Site are used for identification purposes only and may be trademarks of their respective owners.

 

LIMITED RIGHT TO USE CONTENT

You may download content found on this Web Site for your personal use for non-commercial purposes, provided that the copyright, trademark, or other proprietary notices are not removed from the materials downloaded. You may not use, distribute, modify, transmit, reproduce, broadcast, create derivative works from or post the content of this Web Site, including any text, images, audio or video for public or commercial uses. This is a license and does not transfer any ownership right. You may not remove any copyright notices.

 

SYSTEM INTEGRITY

You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of this web site or to surreptitiously intercept any system, data or personal information from the web site. You may not take any action which imposes an unreasonable or disproportionately large load on the web site’s network or other infrastructure.

 

HEALTH CARE INFORMATION

This Web Site, or affiliated web sites linked to this website, may contain information on medical and health-related topics. This information is provided for educational purposes only and is not meant to be a substitute for the medical advice provided by your own physician or other medical professionals. Doki assumes no responsibility for how this information is used. You should not use this information for diagnosing a health problem or disease but should always consult your own physician. In addition, although Doki tries to keep this Web Site as current as possible, please be aware that health care information, by its very nature, changes quite rapidly, so some materials may occasionally be out of date.

 

RESTRICTED RIGHTS

The information that is downloaded from this Web Site for or on behalf of the government of the United States of America and/or its agencies (the “U.S. Government”) is provided with Restricted Rights. Use, duplication, or disclosure by the U.S.

 

APPLICABLE LAWS

This web site, or affiliated web sites linked to this web site, may contain information about products which may or may not be available in any particular country, and if applicable, may have received the acceptance or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product which is not authorized by the laws and regulations of the country where the reader resides.

This web site is developed and maintained by Doki. All claims relating to this web site shall be governed by the laws of the U.S. Government. You may not use any of the information contained in this web site in violation of U.S. export laws or regulations or in violation of any applicable local laws or regulations.

These Terms of Use are void only to the extent where prohibited by law.

 

SUBMISSION OF IDEAS

In order to avoid troubles relating to Intellectual Property Rights, Doki is not obligated to accept or consider any unsolicited information or ideas about technologies, products, services, designs or business from the public (“Idea”) through this Doki Web Site or otherwise. Nonetheless, if you send Doki an Idea, Doki shall deem that you have waived all rights of your Idea and you have agreed that Doki is free to use your Idea. Doki shall be under no obligation to review, evaluate, or adopt your Idea, nor shall Doki be under obligation to keep your Idea confidential. Also, Doki shall not be responsible for any payment of compensation or similarities between your Idea and future Doki products or activities. Please note that Doki has no obligation to reply to your submission of Idea.

Any information that we collect from you shall be used according to these terms and conditions and our Privacy Policy.

 

DOKI GALLERY RULES

You must be 18 years of age or older to participate in the Gallery.

By posting your photograph(s), video(s), photograph or video titles, and/or your username (the “Content”) on the GetDoki.com Gallery (the “Gallery”), you certify that the Content:

is your own original work;

does not contain or reference any third party trademarks;

does not contain any insensitive, pornographic or obscene material;

does not violate, misappropriate or infringe the copyright, privacy right, publicity right, or   any other rights, of any third party; and

complies with all applicable city, state, provincial and/or federal laws and does not contain any illegal content or material.

Unless otherwise instructed by the Content provider and agreed upon by Doki, all photos will be attributed to the Doki User ID who provided the Content.

Any activity you conduct through the Gallery shall be compliant with all applicable laws, rules and regulations.

You are solely responsible for, and shall indemnify and defend Doki from, any activity that occurs through your account, including but not limited to any claims related to the Content posted, interaction with other accounts, data submitted, or any interruption of the Gallery as a result of any malware, virus, worms, or spyware transmitted through your account.

You will not advertise or solicit any business of any type on the Gallery. Marks on photos identifying you as the photographer will not be considered an advertisement or solicitation.

All information you provide through your account is true and accurate and may be relied upon by Doki to perform any activity, or exercise any right, as described in these Gallery Rules.

Any Content posted/shared on social media from the Gallery shall be subject to the terms and conditions of the respective social media site. You will adhere to the Rules, Terms and Conditions, Terms of Use, Guidelines, or any similar terms of the respective social media site to which you engage from the Gallery.

You shall not berate, harass, stalk, intimidate, threaten, or verbally abuse any other Gallery participant.

Doki Inc. and its respective parents, subsidiaries, affiliates, successors and assignees (collectively “Doki”) will have, without any further obligation to you, a non-exclusive, fully paid and royalty-free, worldwide license and permission to use the Content in perpetuity, with or without notice to you, in any media now known or hereafter developed in connection with the promotion or marketing of the Gallery and any Doki product, including but not limited to use of such Content in advertisements (ie. newspaper, internet, email, or social media); in presentations at tradeshows, at dealer or distributor locations, or internally at Doki; at Doki events; or on Doki owned or controlled domains. You shall at all times continue to retain ownership of any Content.

By posting the Content you are certifying to Doki that you have all necessary and appropriate rights and permissions to post such Content and to grant the license provided herein.

You acknowledge that the Content you submit may be accessible by known and unknown third parties, who can obtain copies, downloads or other renderings of the Content freely. You understand that Doki shall not be responsible for, and you release and waive any and all claims you have against Doki for, such use by third parties. Doki shall not be responsible for policing, enforcing, or otherwise pursuing third parties for any claims related to such third party’s use of the Content submitted.

Doki shall not be responsible for, and you waive and release Doki from any and all damages or claims resulting from, the activities, comments or postings of other Gallery members.

The Gallery is not a storage service, but a place to display Content. Doki reserves the right to delete, destroy, or permanently remove any Content at any time, with or without notice.

You consent to allow Doki Inc. to contact you through your account regarding any communication Doki may have related to your account or participation in the Gallery.

Doki may refuse the posting of, or permanently remove, any Content from the Gallery, or terminate any account, for any or no reason. All Doki decisions with respect to the refusal or removal of any Content or termination of any account shall be final.