Doteasy Hosted Photo Gallery - User Agreement

Table of Contents

  1. General
  2. Description of Service
  3. User Responsibility
  4. Responsibility of Content and Usage
  5. Content Removal and Archiving
  6. Privacy
  7. Limitation of Liability
  8. Unenforceable Provisions
  9. Waiver
  10. Entire Agreement

1. General

This is an agreement ("Agreement") between you, the user, together with any company or other business entity you are representing, if any (collectively, the "User" or "Users" or "You") and Doteasy Technology Inc. ("Doteasy"). This Agreement governs the access and use of the Doteasy Hosted Gallery ("Gallery" or "Galleries").

Doteasy reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this URL: http://apps.katlan.ca/Gallery/Terms/. You are responsible to read this document from time to time to ensure that your use of the Gallery remains in compliance with the Policy.


2. Description of Service

The Gallery is a software developed and owned by Doteasy, and is conditionally licensed for use to the owner of the website ("Gallery Admin"). The Gallery is used as a communication, self-expression, web publishing, and online photo album tool. All photographs, pictures, graphics, information, text, messages, files or other material ("Content") published and/or posted on the Gallery is managed by the Gallery Admin.

Doteasy may terminate your account(s) and/or deny your access to the Gallery at any time, without notice, for conduct that is in breach of the Agreement.

Unless explicitly stated otherwise, the Gallery may be modified or terminated at any time by Doteasy for any reason, and without notice, without liability to you, the Gallery Admin and/or other Users of the Gallery or any third party.


3. User Responsibility

User must provide true and accurate information when registering for a Gallery account. As part of the registration process, User will be asked to provide an email address and a password. User is responsible for maintaining the confidentiality of the password, and is fully responsible for all activities that occur under the Gallery account and password.

User is to immediately notify the Gallery Admin, not Doteasy, of any suspicious or unauthorized use of the Gallery account or password or any breach of security. Doteasy will not and cannot be held liable for any loss or damage arising from User's failure to comply with this requirement.


4. Responsibility of Content and Usage

User acknowledges and agrees that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Content is monitored and regulated by the Gallery Admin, and all issues, inquiries or reports of problems or concern regarding the Content must be directed to the Gallery Admin.

User understands and agrees that Doteasy has no liability whatsoever with regard to Content posted by Users to the Gallery. Doteasy does not control or guarantee the accuracy, integrity or quality of the Content. It is the User's responsibility to evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Doteasy does not modify Content. However, Doteasy reserves the right to remove Content in which Doteasy determines to be inappropriate and/or in violation of Doteasy Terms and Conditions in Doteasy's sole discretion.

User's use of the Gallery must be in compliance with Canadian and US laws and laws of your country at all times.

The following is a non-exclusive list of content and behavior prohibited by Doteasy and the Gallery:

  1. Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
  2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
  3. Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email.
  4. Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
  5. Content or otherwise that exploits children under 18 years of age.
  6. Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  7. Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
  8. Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
  9. Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
  10. Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Doteasy service, solution or technology.


5. Content Removal and Archiving

All requests for removal of a posting or Content must be submitted to the Gallery Admin. User understands and agrees that any issues, concerns or disputes concerning any Content on the Gallery must be directed to and resolved directly and exclusively with the owner of the Content and/or the Gallery Admin. In this regard, User understands and agrees that Doteasy does not monitor or control the Content on the Gallery, and instead simply provides a service by allowing Users and Gallery Admin to access information that has been made available.

Doteasy claims no ownership over any Content posted or made available through the Gallery. By posting, displaying and making available Content through the Gallery, User and Gallery Admin grant Doteasy a non-exclusive, royalty-free license to reproduce, adapt and publish such Content.

User understands and agrees Doteasy has no responsibility or liability for the deletion or failure to store any Content maintained or posted by or through the Gallery.

Upon Gallery Admin account and/or service cancellation or termination for any reasons, the Gallery will be removed by Doteasy, including all Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the Gallery.


6. Privacy

User acknowledges that Galleries are public and not private communications that may be read by the public without User's knowledge. User must always use caution when giving out any personally identifying information about itself or others on any Gallery(s).


7. Limitation of Liability

The Gallery is provided on an "as is" and "as available" basis and use of the Gallery is at your own risk. Doteasy makes no representations or warranties, either expressed or implied, with respect to the Gallery or any service or information provided through the Gallery. Doteasy is not responsible for any damages, injury or economic loss arising from the use of the Content provided on the Gallery.

For greater certainty and without limitation to the generality of the following:

  1. in no event will Doteasy be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Gallery.
  2. Doteasy, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Gallery;
  3. in no event shall Doteasy be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Gallery, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.


8. Unenforceable Provisions

If any part of the Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of the Agreement.


9. Waiver

No waiver of any of the provisions of the Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.


10. Entire Agreement

The Agreement, as may be updated from time to time and posted here, represent the complete agreement and understanding between Doteasy and User with respect to the Gallery usage and supercedes any other written or oral agreement.