At THE DOTTIE CLUB, your privacy is of paramount importance. We are committed to protecting your personal information and will be transparent about how we process your data.
By using the Services, you are agreeing to the collection and use of your information as outlined within this Policy.
This Site is not intended for individuals under the age of 18. By using the Services, you represent and warrant that you are at least 18 years old. We do not knowingly collect, keep, or maintain personal information from people under the age of 18. If you are under the age of 18, then we ask that you please do not access, visit, or use the Site or the Services in any manner or at any time.
Information We Collect From You
We collect information when you create an account and use the Site and/or App. We also collect information you share with us from third-party social network providers, and technical and behavioral information about your use of the Site and/or App. We also collect information contained in the messages you send through our Site and/or App and information from your phone book, if you grant us access to your phone book on your mobile device. More information about the categories and sources of information is provided below:
- Registration information: We collect information when you create or update your account. This may include your name, email, phone number, login name, password, address, date of birth, photo and signature.
- Banking information: In the context of registration or after registration has been completed, you will be required to provide payment information including PayPal or other third-party payment information (where required for the purpose of payment).
- Demographic Data: We may collect demographic information about you, including, but not limited to, through use of surveys to collect demographic information.
- User Content: We may collect information that you submit when you contact THE DOTTIE CLUB or you voluntarily submit content to THE DOTTIE CLUB.
- Preferences: You will be required to set your preferences (including opt-in choices and communication preferences), options and settings through your account.
The information we collect is required as part of the application process to determine membership eligibility and/or provide Matchmaking Services. It is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission. When you register for the Site, we collect user entered and submitted information to identify you such as your name, phone number, and email address. Authorized employees may be permitted to access your personal information, but solely in support of providing Services.
Information created when you use our service. This may include:
- Location Information: We may collect your precise approximate location information as determined through data such as GPS, IP address and Wifi. If you have provided permission for the processing of location data, THE DOTTIE CLUB collects location information when THE DOTTIE CLUB is running in the foreground. In certain regions, THE DOTTIE CLUB also collects this information when THE DOTTIE CLUB is running in the background of your device if this collection is enabled through your app setting or device permissions. You may use THE DOTTIE CLUB without enabling THE DOTTIE CLUB to collect your location information. However, this may affect the functionality available on THE DOTTIE CLUB.
- Transaction Information: We collect transaction details related to your use of our services, including the type of services you requested, your order details, date and time the service was provided, amount charged, and payment method.
- Usage Information: We collect information about how you interact with our services. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services. In some cases, we collect information through cookies, pixel tags, and similar technologies that create and maintain unique identifiers.
- Device Information: We may collect information about the devices you use to access our services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.
- Communications Data: To further develop and improve our service, THE DOTTIE CLUB may collect information provided.
Information from other sources. This may include:
- User feedback
- Users providing your information in connection with referral programs
- Users requesting services on your behalf
- Users or others providing information in connection with claims or disputes
- THE DOTTIE CLUB business partners through which you create your DOTTIE CLUB
- Publicly available sources
- Marketing service providers
How is the Information Used?
You have the right to request the deletion of your personal data from our database any time upon sending an email to firstname.lastname@example.org. Please allow us a reasonable time of seven (7) business days to process your requests. We will comply with our obligations and safeguard your rights under applicable legislation at all times.
With your permission, we use your email address and your other personal information to help us improve and deliver our services to you. The information disclosed to us is essential for our communication with you in connection with our activities (including, but not limited to, confirmation emails, newsletters, important updates affecting your relationship with THE DOTTIE CLUB). Kindly note that some of the communications may also include commercial messages, for instance banner ads, special offers, information about special events, promotions for THE DOTTIE CLUB or third parties’ goods and services.
We further use your personal information to customize content to your interests and preferences, and to contact you in connection with your transactions and other activities on THE DOTTIE CLUB.
By submitting your personal or public information on the website, you are opting in to receive emails from us. You have the right to withdraw your consent at any time. In order to stop receiving our emails after opting in, you have the option to contact THE DOTTIE CLUB at email@example.com with UNSUBSCRIBE in the subject field or choose to UNSUBSCRIBE in the bottom of the email.
We will not send you any unsolicited marketing or spam and will take all reasonable steps to protect your rights and comply with our obligations under applicable legislation.
When you purchase, or register or make reservations for, products or services offered or sponsored by third parties, or elect to receive communications (such as emails or magazine subscriptions) or to participate in contests or other programs (such as discount or rewards programs), offered or sponsored by third parties on THE DOTTIE CLUB, you consent to our disclosing your personal information to those third parties. Those third parties may process your personal information pursuant to their own privacy policies. Additionally, you agree that we may use all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.
Third parties with whom we are allowed to share your personal data is authorized to use your personal information in compliance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you consent that we bear no responsibility or liability regarding their actions or omissions.
COOKIES, THIRD-PARTY TECHNOLOGIES AND INFORMATION COLLECTED BY AUTOMATIC MEANS
We may collect information by automated means, which may include cookies, web beacons, web server logs, and mobile SDKs.
- Manner of Data Collection: The information we collect in such manners includes, but are not limited to, IP address, unique device identifier, device characteristics, browser characteristics, operating system and versions, language preferences, referring URLs, information on actions taken on the application, and dates and times of visits to the application.
- A “cookie” is a small amount of data generated by a website and saved by your web browser to store information or settings in the browser.
- A “web beacon” is a small image file, usually a transparent pixel image used for trafficking purposes. It may be placed in a webpage or HTML email to record when the content was loaded.
- Software Development Kit (“SDK”) is a collection of software used for developing applications for a specific device or operating system.
- A “Web Server” is a computer system that hosts websites.
- “Clickstream Analysis” is the process of collecting, analyzing and reporting aggregate data regarding the pages a website visitor visits, and the order in which those pages are visited.
- Authentication of application users
- Remembering users’ preferences and settings
- Assessing the popularity of content
- Determining the success of marketing and advertising campaigns
- “Clickstream Analysis” is the process of collecting, analyzing and reporting aggregate data regarding the pages a website visitor visits, and the order in which those pages are visited.
- Noting site traffic
- Recording online behaviors, trends and interests of users that interact with our service.
The information third-party analytic services will collect shall be disclosed to or collected directly by the third-party analytics service providers
Non-personally-identifiable and aggregated information may be shared with third parties. These third parties might include, but are not limited to, advertisers, partners, affiliates and investors. We may also use this non-personally-identifiable and aggregated information to provide advertisements to our users, and to provide more effective services overall. We may also allow for third-parties, including but not limited to advertising companies, to show advertisements on our Site. Advertising companies and other third- parties may use their own tracking technologies (such as cookies) to gather and collect information about users who view, interact, or engage with their advertisements or promotions. We also reserve the right to share your information, personal or non-personal, with authorized service providers that may perform specific services or processes on our behalf. Such services may include, but are not limited to customer service, customer support, and marketing, business, sales, or promotional contest assistance offered through our Site or Services.
If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, please note that if you choose to block cookies, this could affect certain features on our Site.
We are not responsible for the actions of service providers, social networks, or other third parties, nor are we responsible for any additional information you provide directly to any third parties. We encourage you to become familiar with their privacy practices before disclosing information directly to any such parties. Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third parties without your consent.
How We Use Financial Information
Your financial information helps us to conduct a background check and verify your
qualifications, to bill you for services and to enable you to participate in discount, rebate and
similar programs in which you may elect to participate.
When you purchase, or register or make reservations for, products or services of third parties offered on THE DOTTIE CLUB, or when you participate in programs offered by THE DOTTIE CLUB but administered by third parties, which require that you disclose your financial information in order to use them; kindly note that these third parties may use your financial information in accordance with their own privacy policies, which we cannot control, and you consent that we have no responsibility or liability for any of their actions or omissions
Special Cases in which we Share Personal and Financial Information Transfer of the Business/Bankruptcy
Please note that you will be contacted in advance in the event that we need to transfer your data in this manner. When contacted you will not, however, have the option to delete or withhold your data from the new owner or controller.
We may also disclose personal information or financial information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of THE DOTTIE CLUB or its users.
We may also share information if disclosure would mitigate our liability in an actual or threatened lawsuit; if this would be necessary to protect our legal rights and legal rights of our clients and users, business partners or other interested parties; to enforce our agreements with you; and to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
We may ask for your consent to share your information with third parties. In any such case, we will be transparent about the reason for which we want to share the information.
How We Use Public Information and Other Demographic Information
THE DOTTIE CLUB does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the DOTTIE CLUB Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us via email at firstname.lastname@example.org.
Residents of California
Under the California Consumer Privacy Act of 2018 (CCPA) residents of California are entitled to the following:
- The right to know all the personal information a business collects and how it is shared;
- The right to delete personal information collected (with exceptions);
- The right to opt-out of the sale of personal information; and
- The right to non-discrimination for exercising rights under CCPA.
If you are a California resident, you can request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. You may request that a business delete personal information they have collected and tell third party service providers to do the same. Additionally, you have the right to be notified, before or at the point the business collects your personal information, or the types of personal information they are collecting and what they may do with that information. For information pertaining to how your personal information is used or collected, please contact as at email@example.com, and allow seven (7) business days for a response.
Our Security Precautions
We have taken and will continue to take all available security measures to secure data submitted to us against loss, misuse and alteration. We use secure server software (SSL), one of the best software currently available for secure commerce transactions subject to the industry standards. All of your personal and financial information is encrypted, and is stored on our servers in encrypted form.
Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. WE DISCLAIM LIABILITY FOR ANY THEFT, LOSS, OR INTERCEPTION OF OR ANY UNAUTHORIZED ACCESS OR DAMAGE TO ANY DATA OR COMMUNICATIONS. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
You are responsible for all uses of our Services by any person using your password. Please advise us immediately if you believe your password has been misused.
You have the right to ask for a copy of any of your personal data held by us. We will provide all information in response to your request free of charge. Please contact us for more details at firstname.lastname@example.org.
CONTENT REMOVAL FOR USERS UNDER 18
Users of the Service who are California residents and are under 18 years of age may request and obtain removal of User Content and/or other user information they posted by emailing us at email@example.com. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third party.
Your Acceptance of These Terms
Dottie is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, clients, club members, and all other users of the Site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
This Site and the services provided to you are provided on an “AS IS” basis. You agree that THE DOTTIE CLUB reserves the right to modify or discontinue this Site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice. THE DOTTIE CLUB will not be held responsible or liable for timeliness of or removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
1. THE DOTTIE CLUB Service
- 1.2 To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to club membership, dating & relationships and other information are subject to change. Dottie makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Dottie disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
2. Your Responsibilities and Registration Obligations
In order to use this Site or certain parts of it, you may be required to register for a user account on this website and provide personal information such as your name, address, username, payment information, e-mail address, and other information; in this case, you agree to provide truthful, accurate, and up to date information when requested, and — if a minimum age is
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
3. Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
You authorize THE DOTTIE CLUB to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by THE DOTTIE CLUB, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, THE DOTTIE CLUB may seek pre-authorization of your credit card account prior to your purchase to verify that the card is valid and has the necessary funds or credit available to cover your purchase.
The Service may include automatically recurring payments for periodic charges for a subscription to a specific service in connection with the Service (a “Subscription”). If you request a Subscription, you authorize THE DOTTIE CLUB to periodically charge, the payment method you have on file until cancellation of the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The Subscription Billing Date is the date when you first purchase access to a Subscription. Your account will be charged automatically on the Subscription Billing Date along with all applicable fees and taxes for the next Subscription period. The Subscription will continue unless and until you cancel your Subscription or we terminate it. You must cancel your Subscription before it renews in order to avoid your payment method being charged. You may cancel a Subscription by contacting us at firstname.lastname@example.org.
You agree that THE DOTTIE CLUB or its affiliates will charge the card you have on file with THE DOTTIE CLUB to cover the full costs of the Products or Services ordered from an affiliate and any additional fees charged by THE DOTTIE CLUB in connection with the order, any goods, or services provided by THE DOTTIE CLUB. Your card will be charged for the cost of the Products, purchased by you and any applicable fees, taxes and/or tips arising in connection with each order for any Products or Services you agree to purchase. Your card may be temporarily authorized for an amount greater than the total amount of the order appearing during check-out. This higher amount will be disclosed during the purchase price and the final amount will be disclosed during the purchase process.
Most of the features require payments for Services. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All fees are in United States currency and are non-refundable. THE DOTTIE CLUB reserves the right to offer credits or refund in its sole discretion.
THE DOTTIE CLUB reserves the right to suspend or terminate access to the Service for any account for which any amount is due but unpaid. A delinquent account will be charged with fees including but not limited to interest, collection fees, or fees associated with late payments.
6. Who Can Use SERVICES
- 6.1 Users must be 18 years of age or older. Users must not be prohibited from receiving
any aspect of the Service under applicable laws. If consent to data collection and processing
is required under applicable law, users must be over the age at which they can provide valid
consent to such.
- 6.2 By agreeing to these Terms, you represent and warrant that you are: (1) at least 18-years old; (2) you have not been previously suspended or removed from the Service and (3)
your registration and use of the Service is in compliance with any and all acceptable rules
and regulations. If you are an entity, corporation, company, or other, the individual
accepting these Terms represents and warrants that they have authority to bind you to these
Terms and you agree to be bound to these Terms
7. User Content
You agree that all Content made available publicly or privately, will be under the sole responsibility of the person providing said content, or of the person whose user account is used. THE DOTTIE CLUB will not be responsible to you in any way for content displayed on this Site, nor for any error or omission.
By using this Site or any service provided, you explicitly agree that:
- you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
- you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
- you will not collect or harvest any information about other users;
- you will not provide, and you will not use this Site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Site to promote or operate any service or content without THE DOTTIE CLUB’s prior written consent;
- you will not provide any content that may give rise to THE DOTTIE CLUB being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets;
- you are of legal age to enter a binding contract and that you are not a person barred from visiting sites or accessing the Content under the laws of the United States or other countries.
8. Submission of content on this site
By providing any content to this Site:
- a. you agree to grant THE DOTTIE CLUB a worldwide, royalty-free, perpetual, nonexclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
- b. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant THE DOTTIE CLUB the license specified in this section;
- c. you acknowledge and agree that THE DOTTIE CLUB will have the right (but not obligation), at THE DOTTIE CLUB’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
THE DOTTIE CLUB is under no obligation to control or edit User Content published and will not be in any way liable for User Content. THE DOTTIE CLUB, at its sole discretion may screen, remove, edit or block any User Content without prior notice. You acknowledge and understand that by using the Service, you will be exposed to Content from different sources and understand that content may be offensive, inaccurate or objectionable. You agree to waive and do waive any legal or equitable right or remedy you have or may have against THE DOTTIE CLUB with respect to User Content.
9. Third-party services
- 9.1 Goods and services of third parties may be advertised and/or may be made available on or through this website. You may be able to export information, including Content to third-party services, including through features that allow you to link your account on THE DOTTIE CLUB with an account on the third-party service. By using any of these tools, you agree that THE DOTTIE CLUB may transfer information to the applicable third-party service. Third-party services are not under THE DOTTIE CLUB’s control and to the fullest extent permitted by law, THE DOTTIE CLUB is not responsible for any third-party service. The Service may also contain links on third-party websites, such linked websites are not under THE DOTTIE CLUB’s control and THE DOTTIE CLUB is not responsible for the content. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- 9.2 Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. THE DOTTIE CLUB will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
- 10.1 By using the Services, you consent to receiving certain electronic communications and that THE DOTTIE CLUB and the affiliates may contact you through text (SMS) messages at the phone number you provide. The messages may include marketing messages or operational messages concerning the Services. Text messages may be sent using automatic telephone dialing systems and standard data and messaging rates may apply as specified by your carrier. If you wish to opt out of all messages from THE DOTTIE CLUB, you can email email@example.com. You may continue to receive text messages for a short period of time while we process your request.
- 10.2 When you use our app or your mobile device, you agree to receive push notifications which are messages the app sends you while the app is not active. You can turn off notifications from the “Settings” page on your mobile device.
- 10.3 THE DOTTIE CLUB may send emails concerning our products and services and the services of third parties. You may opt out of promotional emails by following the unsubscribe directions found in the promotional email.
11. Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
12. Copyright Policy
THE DOTTIE CLUB has adopted the following policy regarding copyright infringement in accordance with the Digital Millennium Copyright Act. It is THE DOTTIE CLUB’s policy to (a) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and
(b) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringement
If you believe that content appearing on or accessible through the Site or App infringes upon your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- (1) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- (2) Identification of works or materials being infringed;
- (3) Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that THE DOTTIE CLUB is capable of finding and verifying its existence;
- (4) Contact information of the person submitting the notification including address, telephone number and, if available, e-mail address;
- (5) A statement that the person submitting the notification has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
- (6) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once a proper bona fide infringement notification is received by THE DOTTIE CLUB, THE DOTTIE CLUB shall notify the content provider or user that an infringement notification has been received and that the content will be removed within 24 hours unless a counter-notice is submitted.
Procedure to Supply a Counter-Notice to THE DOTTIE CLUB
If the content provider, or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider or user must send a counternotice containing the following information to THE DOTTIE CLUB:
- (1) A physical or electronic signature of the content provider or user;
- (2) Identification of the content that is claimed to be infringing;
- (3) A statement that the content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the content; and
- (4) Content provider’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or if the content provider’s or user’s address is located outside the United States, for any judicial district in which THE DOTTIE CLUB is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by THE DOTTIE CLUB, THE DOTTIE CLUB will restore access to the content and notify the original notifying party. The content will then remain published unless the copyright owner files an action seeking a court order against the content provider or user. Before you file a counter-notice, please carefully consider whether or not your use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court decides your counter-notice misrepresented that the material was removed by mistake.
Please contact THE DOTTIE CLUB’s Designated Agent to submit notifications of copyright infringement and counter-notices at: firstname.lastname@example.org
Subject to your compliance with these Terms, THE DOTTIE CLUB grants you a limited, nonexclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Site and App on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for your personal, noncommercial use.
- a. Any rights not expressly granted herein are reserved by THE DOTTIE CLUBand its licensors. Indicatively, but not by way of limitation, you are not allowed to use, copy, distribute, edit or adjust any part of the Site or the App or any material provided by THE DOTTIE CLUB in connection with the provision of the Services. Further, you are not allowed to use in any way any of THE DOTTIE CLUB’s intellectual property, including, trademarks, service marks, trade names, trade dress, software, copyrights, designs, patents, and associated rights.
- b. You do not have any right to reproduce or distribute any of THE DOTTIE CLUB’s intellectual property including but not limited to trademarks, service marks, trade names, trade dress, software, copyrights, designs, or patents without our permission, and if you do so you may be subject to fines, or any other penalties allowed by the civil and criminal laws of the relevant jurisdiction. You may not:
- i. reverse-engineer or otherwise try to derive source code from the Software, unless allowed by law;
- ii. adapt or modify the Software or create derivative works based on the Software;
- iii. publish, copy, sell, lend, rent, sublease, assign or in any other way transfer the Software to anyone else;
- iv. exploit the Software for commercial purposes;
- v. attempt to circumvent technical protection measures in the Software;
- vi. use Software to violate the law; or
- vii. engage in any activity that interferes with anyone else’s use of the Software.
- c. THE DOTTIE CLUB’s RIGHTS
THE DOTTIE CLUB reserves the right to:
- – interrupt, modify or terminate the Service for any reason, without notice at any time;
- – refuse service to anyone for any reason at any time;
- – deactivate user accounts of users whose conduct or content is, in THE DOTTIE CLUB’s sole discretion, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service (or alternatively, remove any such User Content);
- – ban any user from using the Service for any reason, including, but not limited to, a member who is the subject of repeated DMCA notifications;
- – remove any User Content that, in THE DOTTIE CLUB’s opinion, violates these Terms or is in any way harmful or objectionable;
13. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE DOTTIE CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
THE DOTTIE CLUB MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUSFREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE DOTTIE CLUB NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE DOTTIE CLUB WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards to implied warranties; the other terms and conditions remain enforceable notwithstanding.
14. LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, DOTTIE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF DOTTIE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DOTTIE’’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM DOTTIE, AND IF NO PURCHASE HAS BEEN MADE BY YOU DOTTIE’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100
15. Reservation of rights
THE DOTTIE CLUB reserves all of THE DOTTIE CLUB’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that THE DOTTIE CLUB may have in respect of this Site, its content, and goods and services that may be provided. The use of THE DOTTIE CLUB’s rights and property requires THE DOTTIE CLUB’s prior written consent. By making services available to you, THE DOTTIE CLUB is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Site or services or any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that THE DOTTIE CLUB may have with respect to this Site without THE DOTTIE CLUB’s prior written consent.
16. Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material you supply to Dottie. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Dottie remains yours to the extent that you have any legal claims therein. You agree to hold Dottie harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
17. Intellectual Property Rights
You acknowledge and agree that the Service may contain features that are protected by trademark, copyright, patent, trade secret or other proprietary rights and laws. Except as authorized by THE DOTTIE CLUB, you agree not to copy, reproduce, transmit, rent, lease, scrape, sell, distribute and create any derivative works based on the Service in whole and in part.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
18. Cancellation and Termination
The Terms are effective upon accepting these Terms or when you download, install, access or use the Service.
- a. You may cancel your Service at anytime by emailing us at email@example.com. Once cancellation is confirmed, all of your account details and any individually purchased content will remain in your Account.
- b. To completely delete your Account, email firstname.lastname@example.org. Since deletion of all data is final, please be sure that you do in fact want to cancel your Account before doing so.
- d. If you violate any provisions of these Terms, your authorization to access the Service and these Terms automatically terminate. THE DOTTIE CLUB may, at its sole discretion, terminate these Terms or your account on the Service.
- e. Upon termination of these Terms, your license rights will terminate and you must immediately cease all use of the Service, you will no longer be authorized to access your account or Service; you must pay THE DOTTIE CLUB any unpaid amount that was due prior to termination and; all payment obligations accrued prior to termination will survive.
19. Modifications to the Services and Prices
Prices for THE DOTTIE CLUB services are subject to change. Please make sure to check the Site and App for the most updated pricing information. THE DOTTIE CLUB shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. THE DOTTIE CLUB reserves the right to modify or discontinue any and all portions of the Site without or with providing notice to you. THE DOTTIE CLUB cannot be held liable for exercising this right. You acknowledge and accept that THE DOTTIE CLUB does not guarantee continuous and uninterrupted service and by using the site, you understand that THE DOTTIE CLUB does not maintain that your access to the site will not be uninterrupted or error free. You consent that your access to the site may be interfered with by a number of factors outside the control of THE DOTTIE CLUB.
- b. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
- c. Most communication between THE DOTTIE CLUB and you will be sent and received electronically. You agree that all electronic communication between THE DOTTIE CLUB and you shall satisfy any legal requirements that such communications be in writing.
- d. You agree that THE DOTTIE CLUB may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a DOTTIE CLUB Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing or obtaining any goods or services, and that you will be provided with the opportunity to allow or disallow this contact option through your Account.
- e. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. THE DOTTIE CLUB does not guarantee that the Service, or any portion thereof, will function on any particular hardware or device. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- f. You agree not to assign these Terms of Service or its rights without the prior written consent of THE DOTTIE CLUB. Any rights of THE DOTTIE CLUB not expressly granted herein are reserved.
- g. THE DOTTIE CLUB is under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to the published policy.
- h. The Service is intended for visitors located within the United States. THE DOTTIE CLUB makes no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries of territories by individuals where such access is illegal is prohibited.
- i. All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: email@example.com
21. Order Confirmation
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
22. Product Description
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
23. Dispute Resolution
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in New York, New York. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
24. Recovery of Legal Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
25. Governing Law
26. Updating These Terms