Terms of Service
Thank you for choosing docshaker.com. Docshaker.com is a service of Docshaker partnership, known hereafter as "The Company". The docshaker.com Service is referred to as the "Service". The Company provides its Service to you, subject to the following Terms of Service ("TOS"). In these TOS "you" means the individual using the the Service. The Company reserves the right to modify the Terms of Service without notice.
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different from the aforementioned).
Docshaker.com may connect to external web services. Nothing in these terms should limit or exclude the terms of service of an external web service arising from its use thereof.
Resale of the service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any other portion of the Service, use of the Service, or access to the Service.
General practices regarding usage and storage
You acknowledge that The Company may establish general practices and limits concerning use of the Service, including but not limited to the maximum number of email messages that may be sent from or received by an account on the Service, the number of searches undertaken, the records stored in the course of the activity of the service, the maximum that will be allotted on The Company controlled servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that the The Company has no responsibility or liability for the deletion or failure to store any records and other communications or other Content maintained or transmitted or received by the Service. We will do our best, but, like all web services, you should keep your own copies of your Content.
You acknowledge that The Company reserves the right to log off accounts that are inactive for an extended period of time, or to terminate accounts for any breach of these TOS. You further acknowledge that The Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You acknowledge that The Company bears no responsibilty or liability in respect of any legal status of Content that is transmitted or received by the Service. You further acknowledge that the The Company bears no responsibility or liability for the legal status or legal validity for any actions performed in the course of the use of the Service by you or any other party.
The Company provides the Service 'as is' and 'as available'. The Service may or may not be suitable for your Content, and may or may not provide a mechanism to infer a legally binding agreement between you and a third party (or parties) in respect of your Content. You agree that you, and not the Company, are wholly responsible and liable for any legal matter arising from your use of the Service, or from your Content, with any other party. See also Limitations of liability and the Indemnity.
Use of the service
You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other jurisdictions. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You agree to immediately notify The Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
You agree to not use the Service, or allow any sold products of the Service to be used to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
- "stalk" or otherwise harass another; or
- access to Other Computers or Networks without Authorization, attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
- providing False Data on any Contract or Application: including fraudulent use of credit card numbers, or any activities also known as 'phishing'.
- misuse system resources, including but not limited to employing programs that consume excessive CPU time (outside of reserved CPU slice), network capacity, disk IO or storage space.
You agree that any of the above activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that The Company will impose fees; and/or pursue civil remedies without providing advance notice.
You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Service, and that under no circumstances will The Company be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely.
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Company are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will The Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You acknowledge that The Company has no obligation to monitor Content. The Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Service that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that The Company may access, preserve, and disclose your account information and Content: (a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner; (b) for the purpose of properly administering your account in accordance with the standard operating procedures of The Company or its affiliated companies; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of The Company, its users and the public.
You acknowledge that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. The Company reserves the right to terminate your access to some or all parts of its Services if you withdraw your consent in this paragraph at any time.
Modifications to service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that The Company in its sole discretion, may terminate access to the Service, and remove and discard any Content within the Service, without notice and for any reason, including, without limitation, if The Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Further, you agree that The Company shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination or suspension, your right to use the Service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.
You acknowledge and agree that the Services and any necessary software used in connection with the Services("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by The Company you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
The Company grants you a non-transferable and non-exclusive right and licence to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by The Company for use in accessing the Service.
Charges & Billing
Optional paid services in the form of account upgrade are available on the Website. By selecting a paid service you agree to pay The Company the monthly subscription fees indicated for that service. Payments will be charged on the day you sign up for a paid service and will cover the use of that service for a monthly period from that day. Paid service fees are not refundable.
The Company uses the Paypal e-payment software. In respect Paypal payments these terms shall not limit or exclude the terms of the Paypal website as it applies to those payments. You acknowlege and agree that your payments through PayPal are controlled by, and are the responsibility of, Paypal and not The Company.
You may terminate your paid service at any time to us in writing, or by terminating your subscription through Paypal. If Paypal notifies us you have terminated your subscription your account status will be amended to reflect this change.
You agree that The Company shall be permitted to charge your credit card on a monthly basis itself, or via a gateway such as Paypal, in advance of providing its services or as needed for prepayments, any applicable sales taxes, and any other charges you may incur in connection with your use of The Company Service.
The Company is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by The Company. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. We reserve the right to change our fees, but will notify you in advance of increases.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY Q UALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
- THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WIL L BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTA INED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
Limitation of liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELA TED TO USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Exclusions and Limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
You agree to indemnify and hold The Company and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Services, your connection to the Service, your violation of the TOS, your violation of any rights of another, or any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Notices to you may be made via either email or regular mail or postings on the Service or The Company website or any of The Company public communication. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and The Company and govern your use of the Services, superseding any prior agreements between you and The Company. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and The Company shall be governed by the laws of England. You and The Company agree to submit to the exclusive jurisdiction of the English courts. Any failure by The Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Neither you nor The Company may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that The Company shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect. No Right of Survivorship and Non-Transferability. You agree that any account you hold with The Company is non-transferable.