Last updated: February 16, 2012
Access to portions of the Doodle Website may require that You agree to additional terms (“Special Terms”) that, together with these Terms will govern Your use of the relevant Doodle Website portions. Any relevant Special Terms will be provided to You before You will be granted first access. Your continued access shall constitute Your continued acceptance to any applicable Special Terms.
IMPORTANT! THESE TERMS AND ANY APPLICABLE SPECIAL TERMS GOVERN YOUR USE OF THIS DOODLE WEBSITE. THESE TERMS AND ANY APPLICABLE SPECIAL TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN DOODLE’S DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIAL TERMS EACH TIME YOU VISIT THE DOODLE WEBSITE. YOUR USE OF THE DOODLE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. If You do not wish to be bound by this Agreement, do not use or access the DOODLE Website. You further acknowledge and agree that the THIS AGREEMENT may not be altered BY YOU except with the express written permission of AN AUTHORIZED representative of DOODLE.
You may use this Doodle Website only for purposes expressly permitted within the Terms. You may not use this Doodle Website for any other purpose, including any other commercial purpose, without Doodle’s express prior written consent. For example, You may not (and may not authorize any other party to) (i) co‑brand this Doodle Website, (ii) frame this Doodle Website, or (iii) hyperlink to this Doodle Website, without the express prior written consent of an authorized representative of Doodle; Further, You agree not to use or attempt to use the Doodle Website for any purpose that:
The content accessible from this Doodle Website, and any other website owned, operated, licensed, or controlled by Doodle is the proprietary information of Doodle or the parties that provide the content to Doodle, and Doodle or the parties that provide the content to Doodle retains all right, title, and interest therein. Accordingly, such content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of an authorized representative of Doodle. In any event, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, patent, confidentiality, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Doodle’s intellectual property rights and/or the intellectual property rights of Doodle’s content provider(s). No intellectual property rights are transferred to You by access to this Doodle Website. This means that, without limitation, that You may not, among other prohibited uses, use any hosted content, domain names, e-mail addresses, data, trademarks, service marks, trade names, or works subject to copyright protection from, on or derived from the Doodle Website: (a) in or as any metatag or hidden text; (b) in or as part of any contextual marketing directory, index, or triggering term; (c) as content or advertising related to any other website including, but not limited to, aggregating websites, or comparative/informational websites; and/or (d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Doodle Website or controls the content of any other Internet browser window.
The Doodle Website and content available through the Doodle Website may contain links to other websites, which are independent of Doodle. Doodle makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other website is at Your own risk.
From time to time, Doodle may display or otherwise make available promotions, advertisements and/or offers provided by third parties ("Third Party Promotions"). You understand and agree to hold Doodle harmless and agree that Doodle shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party.
You acknowledge and agree that all submissions to Doodle containing any content, remarks, graphics, comments, improvements, suggestions, ideas and other information (together, a “Submission”) will become and remain Our exclusive property, including any future rights associated with such Submissions, even if the provisions of these Terms are later modified or terminated. This means that You forever disclaim any proprietary rights in such Submissions, and You hereby grant to Doodle the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Doodle will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Doodle operations.
You acknowledge and agree that all testimonials submitted to Us will become and remain our exclusive property, even if the provisions of these Terms are later modified or terminated. This means that You irrevocably grant to Doodle the unrestricted right (now and in the future, without notice, compensation or other obligation to You or any other person) to use Your statement, image, signature and/or likeness, as furnished by you in any Submission, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Doodle may use any percentage of Your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude Your name or use a fictional name therewith.
To create Your Account, You must qualify and agree to the terms and conditions set forth below. Failure to qualify and continuously abide by any of the following terms and conditions constitutes a breach of this Agreement. Specifically, You agree and warrant that:
Term and Termination
You may terminate Your Account at any time by giving us thirty (30) days prior written notice to the e-mail address email@example.com.
We expressly reserve the right to terminate Your Account (including Your Log-In and password) for any reason, including without limitation, latency or a violation of any terms or conditions of this Agreement, or if You have breached any of the Terms, or Your use of the Services have been in any way improper or breach the spirit of this Agreement.
If You wish to purchase any products or services through the Doodle Website, We will ask that You supply billing and shipping information applicable to Your desired purchase. All information that You provide to us or our third party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that You incur at the prices in effect when You place Your order. Verification of Your billing or shipping information may be required prior to our acceptance of Your order. If you are a registered designer at Doodle Enterprises LLC and you have been approved by Doodle Enterprises LLC to purchase goods at trade-only prices, and you have attested in good faith to your purchase at wholesale for which you will collect sales tax, if due, from the final retail customer, please provide your Michigan sales tax ID. You agree to indemnify Doodle Enterprises LLC, should Doodle Enterprises be audited and you were found to have provided Doodle Enterprises LLC with fraudulent information , and Doodle Enterprises LLC would be able to recover any tax assessed by the State against Doodle Enterprises LLC from you.
Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in Our sole discretion.
We reserve the right to ship partial orders (at no additional cost to You), and the portion of any order that is partially shipped may be charged at the time of shipment.
Returns and Product Warranty
Damaged or defective merchandise at time of delivery
Unless otherwise stated, all merchandise purchased through the Doodle Website will be delivered to You. You are required to inspect and accept Your product at the time of delivery to identify any damage or defects in such merchandise. If the merchandise arrives damaged or is otherwise defective, You are required to reject delivery; otherwise, Your acceptance of a delivery will constitute Your express assent that the merchandise was delivered without damage or defect and was provided to You in full working condition. In Our discretion, We will ensure that the damaged or defective merchandise (at the time of delivery) is either (i) replaced or (i) We will provide a Doodle credit to You for the full amount that You paid to Us for such damaged or defective merchandise.
Returns at time of delivery or within ten (10) days of purchase.
If (i) You reject delivery of merchandise that is not damaged or defective as set forth above and it was purchased by You through the Doodle Website; or (ii) You desire to return merchandise that You purchased through the Doodle Website within ten (10) days of Your purchase and such merchandise includes any original packaging and is in new condition then You may return such merchandise for a refund, subject to a fifteen (15%) percent restocking fee. You are also responsible for packing and freight costs. Except as expressly set forth herein, no other refunds or merchandise returns will be accepted To obtain a return, You must proceed as follows:
Manufacturer’s Warranty Claims
Merchandise purchased through the Doodle Website may include a manufacturer’s warranty. You must contact such manufacturer directly as set forth in such warranty and Doodle disclaims any implied obligation to honor or process any such warranty.
YOUR USE OF THIS DOODLE WEBSITE AND ALL SERVICES IS AT YOUR OWN RISK. Content is provided “AS-IS” and without warranties of any kind, either expressed or implied. Doodle disclaims any and all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Doodle does not warrant that the functions or content contained in this Doodle Website will be uninterrupted or error-free, that defects will be corrected, or that this Doodle Website or the server that makes it available are free of viruses or other harmful components. Doodle does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Doodle may make changes or improvements at any time. You, and not DOODLE, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE DOODLE WEBSITE OR ITS CONTENT. DOODLE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. If You are a California resident, You waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
DOODLE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF DOODLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DOODLE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DOODLE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Notice of Copyright Infringement
Doodle is committed to protecting copyrights and expects You to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that any material used or displayed on the Doodle Website infringes Your copyright, You (or Your agent) may send us a notice requesting that the material be removed, or access to it blocked. If You believe that any material on the Doodle Website infringes a copyright, or any valid intellectual property right, please provide the following information to Doodle’s DMCA Agent.
Please provide this information to Doodle’s DMCA Agent, who can be reached as follows:
DMCA Agent RE: Doodle Enterprises LLC
Attn: Paul Justin
1050 Woodward Avenue
Detroit, MI 48226
Due to IT concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Counterstatement. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to:
You agree to indemnify and hold Doodle, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by You, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to pay any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information, content and services accessed from this Doodle Website.
You are prohibited from using any services or facilities provided in connection with this Doodle Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You are involved in any violation of system security, Doodle reserves the right to release Your details to system administrators at other websites in order to assist them in resolving security incidents. Doodle reserves the right to investigate suspected violations of these Terms.
Further, Doodle reserves the right to report to and fully cooperate with any law enforcement authorities or court order requesting or directing Doodle to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD DOODLE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DOODLE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DOODLE OR LAW ENFORCEMENT AUTHORITIES.
Doodle collects and uses Your personal information in order to operate the Doodle Website and to provide its online and electronic services. The collection of Your e-mail address, name and address during account registration enables Doodle to send You any requested newsletters, emails or other requested mailings or offers. Information concerning Your geographical location may be used to determine if Doodle should provide regionalized information to its customers. Except as otherwise stated below, the personal information You provide on the Doodle Website will not be shared with any third parties, although Doodle reserves the right to share such information with its affiliates and subsidiaries without Your permission.
Doodle sometimes hires other companies to provide limited services on our behalf, such as sending newsletters, emails, announcements and the like, providing customer service, and performing statistical analysis of our services. We will only provide those companies with the information that they need to provide us with such services, and we will prohibit them from using that information for any other purpose.
We reserve the right to disclose Your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with legal requirements, or comply with legal process served on Doodle; (b) protect and defend the rights or property of Doodle; and, (c) act under exigent circumstances to protect the personal safety of users of Doodle or the public.
Doodle provides links to send e-mail messages to the Doodle Website for Your convenience and Your e-mail address is used so that the Doodle Website may reply to Your inquiry. Doodle tracks the pages on the Doodle Website that our customers visit in order to determine which areas of the site are the most popular. This data is used to deliver customized content and advertising within the Doodle Website to users whose behavior indicates that they are interested in a particular subject area.
The e-mail address You provide to Doodle is held on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. If You choose to create a profile on the Doodle Website or if You choose to register for an account, You will be required to select a password. This password can be changed at any time after You first log into the service by using Your current password. You must keep Your password confidential and You must not share this information with anyone. If You share a computer with anyone, You should always log out of the Doodle Website before leaving it to prevent access to Your information from subsequent users of that computer.
Cookies are used for convenience and to save You time when You next visit the Doodle Website. The purpose of a cookie is to tell the web server that You have returned to a specific page, so that when You visit the site again, the experience will be personalized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. If You choose to set Your computer to accept cookies from the Doodle Website, You may also choose to be logged into the Doodle Website automatically. If You choose to decline cookies, You may not be able to fully experience the interactive features of the Doodle Website or the other Websites that You visit and You may experience technical problems receiving current information from such cookie-disabled Websites.
The Doodle Website pages may contain electronic images known as web beacons—also referred to as single-pixel gifs—that permit Doodle to count users who have visited those pages and for other related statistics—(e.g., recording the popularity of certain Doodle Website content and verifying system and server integrity). Web beacons are not used to access Your personal information on the Doodle Website; they are solely used to compile aggregated statistics concerning the use of the Doodle Website. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.
Any personally identifiable information or personally sensitive data that You disclose through the communities, forums, message boards, chat rooms, or other public online forums hosted on the Doodle Website, may be collected and used by others. We recommend that You exercise serious caution when disclosing personal information to others in these public online forums. Doodle encourages You to review the privacy statements of any third party websites You choose to visit via hyper-links posted on the Doodle Website so that You can understand how those websites collect, use and share Your information. Doodle is not responsible for the privacy policies or other content on third-party Websites accessed through Doodle’s Website.
You can access some of the information that we collect and process about You. For example, You can access information regarding recent orders from the Doodle Website; personally identifiable information (including name, e-mail, password, communications preferences, address book); payment settings; e-mail notification settings; and prior order history.
With respect to Your communications preferences, You can unsubscribe from newsletters and emails by following the instructions included in the newsletter or emails that You receive. If Your e-mail address has changed and You would like to continue to receive newsletters, You will need to access Your account and update Your e-mail address information in Your account and sign-up again for the newsletter. Occasionally, Doodle may send out e-mails concerning Doodle Website disruptions, new products and other news about Doodle’s products and services. These e-mails are sent to all account holders and are not subscription-based. Such e-mails are considered a part of Doodle’s service to the users of its Doodle Website.
If You are under age 18, You may use the Doodle Website only through Your parent or guardian and You are unable to purchase products or services from the Doodle Website, unless such purchases are made through an adult.
We employ industry recognized security safeguards to help protect the personally identifiable information that You have provided to us from loss, misuse, or unauthorized alteration. All such data sent to Us is protected with technology that enables encryption of Your data. We use:
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org or write us:
Doodle Privacy Rights
Detroit, MI 48226