Introduction
Welcome to Doxmart.
This User Agreement applies to the Doxmart Services provided on www.Doxmart.com and all other sub-domains belonging to Doxmart Limited including but not limited to www.Doxmart.co.uk, www.Doxmart.de, www.Doxmart.it, www.Doxmart.es, www.Doxmart.fr and www.Doxmart.org.
Use of the Doxmart Services by You is governed by the following terms and conditions.
To become a member of Doxmart, you must read and accept all of the terms and conditions of this User Agreement. Please take time to read all the terms and conditions carefully as this User Agreement forms a legally binding agreement between You and Doxmart Limited of Georges Court, Chestergate, Macclesfield, Cheshire SK11 6DP, United Kingdom, registered in England No 6380011.
Doxmart reserves the right to modify this User Agreement at any time, and without prior notice, by posting amended terms on this website. By continuing to use the website and/or the Doxmart services, You indicate full acceptance of the modified User Agreement.
Description of Services
Doxmart is a set of online services which are offered to enable you to sell a licence to use your documents and electronic or digital media or software together with descriptions, instructions and key words or other text generated by You (henceforth known as Document(s)) to others (the 'Doxmart Services').
Membership Restrictions
The Doxmart Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Doxmart for any reason.
Use of Service
Your use of the Doxmart site is governed by this User Agreement. Doxmart may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Doxmart of any unauthorised use of your password or account or any other breach of security. Doxmart is not liable for any loss or damage arising from your failure to comply with this section.
Fees
You agree to pay promptly any fees incurred to Doxmart in accordance with the Doxmart Fee Structure in respect of the Doxmart services in force.
By accepting this User Agreement you hereby authorise Doxmart to collect fees dues on your behalf as your agent. Doxmart agrees to give you a prompt and ready reckoning of fees due to you and to provide procedures to enable you to collect such fees within a reasonable time of your request to do so.
Access to Service
Use of manual or automated software, devices, or other processes to 'crawl' or 'spider' any web pages contained in the Doxmart website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorised access, or transmission or activation of computer viruses.
License and Ownership of Content
Ownership
You always retain the rights in respect of Documents you may choose to upload to the Doxmart site providing that you are the owner or are duly and legally authorised by the owner to exploit such content.
Grant of License to Doxmart
Unless otherwise agreed in writing with a duly authorised representative of Doxmart Limited:
By accepting this User Agreement and choosing to publish your Documents on the Doxmart site you hereby grant to Doxmart the right to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit your Documents, in any media formats and through any media channels, solely in order to publish and promote such Documents on your behalf in connection with the Doxmart service or services to be offered by Doxmart. This right will apply to any form, media, or technology now known or hereafter developed.
Note: once you remove or delete your Documents from the Doxmart website this right will cease.
Grant of License to other Doxmart Users
By accepting this User Agreement and choosing to publish your Documents on the Doxmart site, you hereby grant to each Member that is authorised to have access to your Documents and who pays the fee indicated by you, a personal, non-exclusive license to access, download and use your Documents under the terms indicated by you when you uploaded your Documents.
Note: Removing or deleting your Documents automatically terminates a license granted by you in respect of your specific Documents except in relation to licenses granted to Members before the removal or deletion which you hereby agree survive such termination.
Uploading Disclaimer
Documents are uploaded at your own risk and, although Doxmart will take all reasonable measures to ensure that your Documents are downloaded securely, Doxmart cannot guarantee that they will not be copied or distributed or otherwise used in contravention of your explicit license. By accepting the User Agreement you agree that Doxmart will not be liable for such copying or use of Your Document unless specifically authorised by Doxmart.
Taxation
You understand and agree that you are solely responsible for relevant taxes and duties arising from the sale of your Documents on the Doxmart site and compliance with the trading and accounting regulations within your country and it is your responsibility to notify Doxmart of any changes to your VAT registration status and personal details including the country from which you are using Doxmart.
Self Billing Agreement
By accepting this User Agreement and choosing to publish your Documents on the Doxmart site, you hereby give consent to the setting up of a Self-Billing Agreement to run for 12 months from the date of your acceptance of this User Agreement. The Self-Billing Agreement is renewable annually but may be cancelled and revoked by you at any time.
Members Representations and Warranties
You understand and agree that you are solely responsible for your Documents and the consequences of publishing them on the Doxmart site. In respect of your Documents uploaded to the Doxmart site by you, you affirm, represent, and warrant that:
You are the creator and owner of or have been duly and legally authorised and permitted by the rights owner to authorise Doxmart and Doxmart Members to use your Documents in the terms of the licenses granted by you in this User Agreement:
Your Documents do not and will not:
- Infringe, violate, or misappropriate the rights of any third party, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary right or
- Libel, slander or defame any other person
- Your Documents do not contain any viruses, adware, spyware, worms, or other malicious software or code.
Please note that misrepresentation may subject you to civil and criminal penalties.
Termination
You agree that Doxmart may, with or without cause, immediately terminate your account and access to the Services without prior notice. Without limit to the foregoing, the following will lead to a termination by Doxmart of a user's use of the site
- breaches or violations of this User Agreement or the Doxmart Rules and Policies
- requests by police, law enforcement or other government agencies
- a request by you to cancel the account or the Self-Billing Agreement
- unforeseen or unexpected technical problems
- extended periods of inactivity of your account
Termination of your Doxmart account includes removal of access to all offerings within the Doxmart Site and may also preclude you from further use of Doxmart.
Furthermore, you agree that all terminations shall be made at Doxmart'S sole discretion and that Doxmart shall not be liable to you nor any third-party following any termination of your account or access to the Doxmart Service.
User Conduct
You understand and agree not to use Doxmart to:
- Post unlawful, libellous, abusive, obscene, discriminatory, or otherwise objectionable content or communications.
- Use the Doxmart Service for any illegal purpose, including but not limited to conspiring to violate laws.
- Falsely state, or misrepresent your identity or impersonate another person or entity.
- Upload, post, email, transmit or otherwise publish any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
- Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon or violates patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of unapproved solicitation. This prohibition includes but is not limited to a) Using Doxmart invitations to send messages to people who don't know you except to request information concerning Documents you wish to buy b) Sending messages to distribution lists, newsgroup aliases, or group aliases.
- Upload, post, email, transmit or otherwise submit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, interfere with or otherwise limit the functionality of any computer software or hardware or telecommunications equipment belonging to Doxmart or its Members or users.
- Stalk, harass, or intimidate anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Doxmart Site.
- Post, list or upload content in inappropriate categories or areas on the Site.
- Breach Doxmart policies, including, but not limited to, a) the Doxmart Rules and Policies and b) the Unacceptable and Restricted Items policy.
- Fail to pay for Documents or services purchased by you.
- Interfere with other Member's listed Documents.
- Attempt to sell or buy Documents which are listed on Doxmart outside the Doxmart marketplace
- Circumvent, or manipulate Doxmart's fee structure, billing process, or seek to avoid fees owed to Doxmart.
- Perform any action that may subvert or manipulate the feedback or ratings systems.
- Transfer your Doxmart account (including feedback) and User Name to another party without our express, written consent.
- Copy, modify, or distribute Doxmart's copyrighted works or trademarks, or other content from the website, without our express prior consent in writing.
- Collect or attempt to collect private information about users, including email addresses, without their knowledge and consent.
- Interfere with, sabotage or disrupt the Doxmart Site or servers or networks connected to Doxmart, or disobey any requirements, procedures, policies or regulations of networks connected to Doxmart.
Furthermore, you understand and agree that you may not upload Documents which contain or are subject to any digital rights management, including any software designed to limit the number of times such Documents may be copied, run or played.
International Use
Because of the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content including laws and rules regarding the transmission of technical data.
Disclaimers of Warranties
You understand and agree that the Doxmart service is provided on an 'as is' and 'as available' basis and that Doxmart does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users (including between Members and between Members and translators or other third parties). Doxmart assumes no responsibility for the accuracy, quality or existence of any communications between users (including between Members and between Members and translators or other third parties). Doxmart expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement (including services provided between Members and between Members and translators or other third parties).Doxmart makes no warranty that
- the Doxmart services will meet your requirements
- the Doxmart services will be uninterrupted, timely, secure, or error-free
- the results that may be obtained from use of the Doxmart services will be accurate or reliable
- the quality of any products, services, information, or other material purchased or obtained by you through the Doxmart service will meet your expectations (including services provided between Members and between Members and translators or other third parties)
- any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Doxmart 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 Doxmart or through or from the Doxmart service shall create any warranty not expressly stated in this user agreement. Where prohibited or limited by statute, some of the above limitations may not apply to you.
Limitation of Liability
You expressly understand and agree that Doxmart 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 Doxmart has been advised of the possibility of such damages). In no event will Doxmart's total cumulative liability for damages exceed GB Pounds 50.
Communications
In the course of providing you services, Doxmart may need to communicate with you via email (see Privacy Policy). You agree to receive emails which are specific to your account and necessary for the normal and efficient functioning of the Doxmart Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Doxmart Services, including making any verification, inquiries and checks we deem necessary to establish the ownership of Documents uploaded to the site, we are under no obligation to do so. And since we do not, and may not, have the ability to, control or actively monitor content we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our Rules and Policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. Please contact us at any time to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to:
- Issuing warnings
- Deletion or suspension of any Documents uploaded for sale
- Limitations to or suspension of Membership privileges
- Cancellation of membership
- Forfeiture of fees on cancelled uploaded Documents
- Forfeiture of earnings in the case of breach of copyright or publishing unacceptable or prohibited items
- Suspension or cancellation of offenders' accounts
We also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Doxmart Limited, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from
- your use of the Doxmart Service
- unauthorised access to or alteration of your communications with or through the Doxmart Service
- any other matter relating to the Doxmart Service
Any business transactions which may arise between users from their use of Doxmart (including services provided between Members and between Members and translators or other third parties) are the sole responsibility of the users involved. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Doxmart may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Doxmart, its users, and the public.
Governing Law
The User Agreement between you and Doxmart Limited will be governed by and construed in accordance with the laws of England without regard to conflict of laws principles.
General Information
Doxmart, the Doxmart logo, The Doxmart Charter, The Doxmart Charter logo, and other Doxmart logos and names are trademarks of Doxmart Limited. You agree not to display or use these trademarks in any manner without Doxmart'S prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to Doxmart (Contact us)