Doodles! apps by Appikiko, LLC
March 19, 2016
By using a doodles! by appikiko product, you signify that you have read, understand and agree to be bound by these Terms and Conditions.
Appikiko, LLC is concerned about the safety and privacy of all its Users, especially children.
All ages are welcome to use any of the doodles! by appikiko apps.
Users must be over the age of 13, or have parental/guardian consent, to share your drawings on the doodles! expo feature. If appikiko, LLC has reason to believe that this requirement is being ignored, posted drawings will be removed from the doodles! expo.
Appikiko, LLC reserves the right to remove any image for any reason whatsoever. Specifically, any image uploaded that is pornographic or offensive in nature (including nudity, violence, sexual acts, or sexually provocative images.), infringes upon copyrights not held by the uploader, is illegal or violates any laws, will be immediately deleted and the device IP address of the uploaded reported to authorities. Violating these terms may result in termination of your ability to upload further images. We reserve the right to ban any individual uploader or website domain from using our services for any reason.
You agree to not use the Service to 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 solicitation.
We cannot be held liable for any damages. All data, photographs, messages, graphics, comments, text, tags, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. You, and not appikiko, LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the doodles! apps by appikiko. Appikiko, LLC does not control the Content posted and does not guarantee the accuracy or integrity of such Content.
Appikiko, LLC does not endorse, nor shall we be liable for any statements or conduct of any third party using the service. By using the doodles! expo sharing feature, you may be exposed to Content that may be considered by others as indecent, objectionable or offensive.
Appikiko, LLC will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. Appikiko, LLC will not be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on doodles! apps by appikiko. Appikiko, LLC assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User content, communication or personal settings.
Appikiko, LLC strives to provide the Services efficiently and well. However, the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including, for instance, implied warranties of title, non-infringement, merchantability and fitness for any particular purpose . This means that we don’t promise, and you shouldn’t expect, that the Services will meet all of your requirements, or that they will be uninterrupted, timely, secure or error free, or that defects, if any, will be corrected. For instance, the Services may be subject to scheduled or unscheduled service interruptions, or even loss of data, for which you will not hold us liable or be entitled to any refunds.
You agree to indemnify and hold appikiko, LLC its officers and employees exempt from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, post or otherwise make available through any doodles! apps by appikiko, LLC.
Choice of Law and Forum
The Terms of Service and the relationship between you and appikiko, LLC shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and appikiko, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota.
Statute of Limitations
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.
Improper Use of Data
Data mining, "scraping", and/or unauthorized crawling of the doodles! expo feature by any means is prohibited unless explicit permission is given. Using any data from the doodles! expo feature (including images, data from images and/or users) that is not available through authorized channels is also prohibited unless explicit permission is given. Storing, saving and/or retaining images of any size is also prohibited.
You agree not to access Content through any technology or means other than the app device screens of the Service itself or other explicitly authorized means appikiko, LLC may designate.
All content uploaded to the doodles! expo feature is copyright the respective owners. The owners retain full rights to distribute their own work without prior consent from appikiko, LLC. It is not acceptable to copy or save another user's content from the doodles! expo feature and upload to other sites for redistribution and dissemination.
A. Permission By uploading content to the doodles! expo feature you give appikiko, LLC permission to use or distribute your content on the doodles! expo feature or affiliated sites.
To publish another doodles! expo user’s content for any commercial purpose or for distribution, whether online, in print publication, television, or any other format, you are required to obtain permission from appikiko, LLC in advance of said usage and attribute credit to doodles! apps by appikiko as the source where you have obtained the content.
You retain all ownership rights to Content uploaded to the doodles! expo feature. However, by submitting Content to the doodles! expo, you hereby grant appikiko, LLC a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and appikiko’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in media Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your media from the Service provided that any sub-license by appikiko, LLC to use, reproduce or distribute the Content prior to such termination may be perpetual and irrevocable.
You understand and agree, however, that appikiko, LLC may retain, but not display, distribute, or perform, server copies of your media that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. Deleted images are only accessed in the event of a legal issue.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Appikiko, LLC's designated Copyright Agent to receive notifications of claimed infringement is:
Attention: Marta Snow, Appikiko, LLC, 20355 Summerville Rd, Excelsior, MN 55331.
You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Hennepin County, Minnesota and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, appikiko, LLC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of Appikiko, LLC.
C. Repeat Infringers. Appikiko, LLC will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.
If we make material changes to these terms, we’ll let you know either through the site (by publicly posting the updated copy) or via email (at the email address you provide), and provide a reasonable notice period (such as thirty days) before the changes go into effect. If you do not agree to those changes, you should let us know by email at firstname.lastname@example.org within the notice period, you should not log back in to your account, and you should otherwise stop using the Services. If you decide not to accept the changes, we won’t provide any refunds to you.