Welcome to doodlewash.com (the “Website”).
This Website is operated by Storywize LLC, a Missouri limited liability company (doing business as Doodlewash) (sometimes referred to as “we,” “us,” “our”).
By using this Website or any related app or service operated by us (the “Services”), you are agreeing to these Terms of Use (the “Terms”) and the other polices described in these Terms including our Privacy Policy which is available at https://doodlewash.com/privacy-policy/ (the “Privacy Policy”). All references to “you” mean you, an individual. However, if you are using the Services (as defined below) or any related app or service on behalf of a business entity, then “you” means both you and your business entity.
If you do not agree to these Terms, then do not use the Services.
USE OF THE SERVICES
Provision
We will use commercially reasonable efforts to ensure the Services are up and running but we are not liable for any time during which the Services may be down. We may modify, change, or remove, parts or all of the Services at any time.
Prohibited Uses
You may not do anything through the Services that is illegal or that diminishes our purposes or that will harm the Services including without limitation using bots, scrapers, harvesters, or other automated systems. You may not use the Services if you are under 13, if we have restricted or terminated your use of the Services, or if your use of the Services will violate another contract.
Third-Party Sites
If you click on any links that take you away from our Services, then you use those other sites and services at your own risk.
Advertisements
We may serve third-party advertisements on the Services. If you click on or purchase any of the goods or services for those third parties, you do so at your own risk and we do not make any representations, warranties, or guarantees regarding the same.
Additional Policies
You must comply with our House Rules available at https://doodlewash.com/house-rules/. Additionally, you acknowledge that we participate in various affiliate programs which you can learn about at https://doodlewash.com/disclosure/. Neither of the foregoing are a part of these Terms or our Privacy Policy and we may amend the same at any time, with or without notice to you.
USER ACCOUNTS
User Accounts in General
We may allow you to create a user account through the Services. If you create an account, then we may request information about you as provided in these Terms and also as provided in our Privacy Policy (for information on how we use that information, please review our Privacy Policy). You are responsible for everything that happens through your account. You must keep your account credentials private and must not allow other people to use your account.
VENDOR ACCOUNTS
General
Certain users (“Vendors”) may create vendor accounts (“Vendor Accounts”) for the purpose of selling their art and related products (“Vendor Products”) to other users of the Services (“Buyers”) through the Services. We may place additional requirements on the creation and maintenance of Vendor Accounts including without limitation pre-approval processes. References to “you” in this Section of the Terms dealing with Vendor Accounts means you, a Vendor, not you, a general user.
Vendor Products
We may place additional requirements on the uploading and/or listing of Vendor Products including without limitation pre-approval processes. Additionally, we may remove any Vendor Product from the Services at any time, for any reason.
Transactions
If you agree to sell a Vendor Product to a Buyer through the Services, then you shall honor the sale agreement and, after receiving payment for the Vendor Product (minus applicable fees), deliver the Vendor Product to the Buyer in a timely manner or as otherwise agreed to between you and the Buyer.
Taxes
We are not a party to the sales transactions which you perform on our Services.
Accordingly, you are responsible for all tax obligations resulting from sales of your Vendor Products through our Services, including without limitation collecting and paying all applicable taxes such as sales and income taxes. Additionally, and for clarity, if any taxing jurisdiction taxes the sale of your Vendor Product(s) through our Services using any Value Added Tax or Goods and Services Tax, then you will be responsible for complying, withholding, collecting, remitting, and paying the same. When required by law, we will issue 1099-K forms to Vendors.
If you sell a Vendor Product through our Services, then you are thereby agreeing to and shall indemnify and hold harmless Storywize LLC and its affiliates and the owners and representatives of each, from all claims brought against any of such parties resulting from your failure to comply with applicable tax laws and regulations.
Termination of Vendor Accounts
If you create a Vendor Account, you may terminate it at any time. However, you will remain liable (i) to fulfill all sales which occurred through your Vendor Account; (ii) for any sums owed to us under these Terms; and (iii) for any damage you caused or may later cause to us or any part of the Services as a result of your Vendor Account. In our sole discretion, at any time, and with or without notice, we may (a) suspend your access to or terminate your right to use of all, or parts of, your Vendor Account; (b) suspend your access to or terminate your Vendor Account; and/or (c) suspend or terminate all, or parts of, the Services.
MARKETPLACE SALES & PAYMENTS
Communications Between Vendors & Buyers
We may offer communication platforms for Vendors and Buyers to communicate through our Services. However, we are not required to do so and we may limit such communication platform to the initial contact between a Vendor and Buyer, after which, all communication shall take place outside of our Services. Additionally, it is the responsibility of each Vendor to perform all customer service functions and communication with respect to each of their Vendor Products and/or sales transactions.
Payments
We may offer one or more payment gateways through our Services using third-party service providers such as PayPal and Stripe (“Payment Gateways”). When Buyers purchase a Vendor Product on our Services, they will be required to pay for the Vendor Product using one of the Payment Gateways. The payment will be deposited into our account with the Payment Gateway (minus the applicable fee charged by the Payment Gateway), we will retain a portion of the payment equal to our transaction fee for the purchase, and will remit the remaining amount to the applicable Vendor (we issue payments to Vendors on a weekly basis, sometimes more frequently).
Vendors shall not accept any form of payment from a Buyer for any Vendor Product sold through our Services other than as contemplated in these Terms.
Shipping
It is the responsibility of each Vendor to ensure that each Vendor Product sold through the Services are safely delivered to the Buyer. Vendors should, but they are not required to, purchase insurance on all shipments of Vendor Products.
Returns, Exchanges, & Refunds
All sales which occur on our Services are final and are not subject to returns, exchanges, or refunds of any kind. Notwithstanding the foregoing, individual Vendors may offer return, exchange, or refund policies with respect to specific Vendor Products sold through the Services. Such policies will be between the Vendor and the Buyer and we shall not be deemed a party to such policy.
DO POINTS
General
When users interact with certain features on our Services (for example, liking posts, leaving comments, etc.) they may be eligible to earn ‘reward’ style points called “DO Points.” DO Points do not have a cash value. Under no circumstances will we be required to compensate you in any way with respect to DO Points which you may have earned. Additionally, you may not sell or otherwise transfer your Do Points except as expressly provided by us.
“Purchasing” Goods and Services in the DO Points Shop
We (or third parties with our permission) may offer goods and services to users for “purchase” using their DO Points. For clarity, whether any goods or services are so offered is left to us in our sole discretion and we shall not be required to make any such offer. Further, the goods and services offered in the DO Points Shop may be of limited quantity and/or out of stock at any particular time.
If you elect purchase goods or services using your DO Points, then the party offering the good or service (the “Offering Party”) will provide that good or service to you. In some cases, the Offering Party may have additional terms or conditions applicable to the transaction and, if so, your purchase of the good or service will also be subject to those additional terms or conditions.
Please note that unless we are the Offering Party, we shall not be liable for any damages of any kind that result from your purchase or use of any goods or services purchased using DO Points. And in all cases, goods and services purchased in the DO Points Shop are sold as is without any warranties of any kind.
“Selling” Goods or Services in the DO Points Shop
Vendors may request to include goods or services in the DO Points Shop and, in our sole discretion, we may permit one or more such good or service to be included. However, please note that when a Vendor offers a good or service in the DO Points Shop, they are making an offer to provide something of value for free, without payment of any kind. If a user purchases the good or service offered in the DO Points Shop, the Vendor that made the offer must fulfill the sale and provide the good or service to the purchaser.
Vendors providing goods or services in the DO Points Shop may place additional terms or conditions on offers if they would like and the same shall apply to the sale transaction if a sale takes place.
Approval and Removal of Goods & Services in the DO Points Shop
We may, in our sole discretion, allow or deny one or more product in the DO Points Shop. Additionally, the approval of a good or service in the DO Points Shop does not guarantee that we will approve the good or service again in the future. Further, we may remove any good or service offered in the DO Points Shop for any reason, at any time, with or without notice to you.
Termination of the DO Points Shop
In addition to all of our other rights in these Terms, we may modify and/or terminate the DO Points Shop at any time, for any reason, in our sole discretion.
CONTENT & INTELLECTUAL PROPERTY
Our Property Rights
The Services, including without limitation all design, software, code, and other content on the Services, are either owned by us, licensed to us, or likely owned by another individual or business and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms.
Your Property Rights
If you submit any content to us including paintings, artwork, text, photos, videos, or other content (“Your Content”), then you (a) represent and warrant that you either own or have permission to use all of Your Content including the intellectual property in and to the same; and (b) you grant us an irrevocable, worldwide, perpetual, sub-licensable, royalty-free, transferable, license to use Your Content including without limitation the right to reproduce, prepare derivative works from, distribute, display, and perform, all of Your Content, for the purposes of inclusion and/or use on our Services but not for the reproduction and sale of Your Content as stand-alone products, with or without attribution. We may also use Your Content as provided in our Privacy Policy.
For clarification, the license above is perpetual and irrevocable, meaning your termination of your use of the Services does not terminate the license. Additionally, Your Content may be visible to other users of the Services and we cannot guarantee that they will not violate your rights with respect to Your Content and we disclaim all liability for such uses by other users. You may request that we remove Your Content from our Services but we may not be able to do so and we are not obligated to do so. We also have no obligation to retain any of Your Content.
Copyright/DMCA Policy
We respect intellectual property rights and it is our policy to comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on our Services infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a written or digital DMCA Notice to our Designated DMCA Agent at:
Phil Nicolosi Law, P.C.
Philip A. Nicolosi
7210 E. State Street, Suite 208
Rockford, Illinois 61108
Phone: (815) 314-0022
Send your Infringement Notice by email to: dmca@philnicolosilaw.com.
Please use the following subject line: “Notice of Infringement.”
Your DMCA Notice must include the following:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and specifically where it is located on the Service;
- Sufficient information for us to contact you such as your address, phone, or email address.
- 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 law;
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner
PLEASE NOTE: Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
APPLICATION PROGRAM INTERFACE (API) TERMS
API Terms & Conditions
At our sole discretion, we may allow you to interact with, pull data from, and use, the Services using one or more Application Program Interface (commonly referred to as an API) and if we do, then additional API terms and conditions may apply to your use of our APIs. For clarification, our API(s) are considered part of our “Services.”
DISCLAIMERS & LIABILITY LIMITATIONS
THIS SECTION IS IMPORTANT. YOU SHOULD READ IT.
THE SERVICES AND ALL GOODS AND SERVICES OFFERED AND/OR SOLD THROUGH THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS SUBJECT TO
THE FOLLOWING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS.
We do not provide any express warranties or representations and disclaim any and all imputed warranties and representations, including without limitation all warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. We disclaim all liability for identity theft and other misuse of your identity or other content. We do not make any guarantees regarding the operation of the Services, portions or all of which may be unavailable at times or terminated permanently.
Except as expressly provided in another contract between you and us, your sole remedy for dissatisfaction with the Services is to terminate your user account and/or your use of the Services. Neither us nor any of our parents, subsidiaries, affiliates, licensors, or the owners, members, directors, officers, employees, contractors, or agents of any of the same (“Affiliates”) shall be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services or any of the content or other materials on, accessed through, or downloaded through, the Services. Subject to the other limitations in the policies, our liability, if any, as well as the liability of any of our Affiliates, if any, shall be limited to the sums paid by you to us or our Affiliates in the 12-months immediately preceding the date on which your claim arose. Further, any cause of action or claim which you may have which arises out of or relates to these Terms or our Privacy Policy or your use of the Services, must be brought, if at all, within one-year after the cause of action accrued, otherwise, such cause of action or claim shall be permanently barred. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute or any other legal theory; we knew or should have known about the possibility of such damages; or the limited remedies provided in this section fail of their essential purpose.
You shall save, indemnify, and hold us and our Affiliates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third-party claims, charges, and investigations, caused by your failure to comply with these Terms, including without limitation, your submission of content that violates third party rights or applicable laws, any applications or programs which you create which use any of our Services, and any activity in which you engage on or through the Services.
Additionally, for clarity, Vendors shall save, indemnify, and hold us and our Affiliates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third-party claims, charges, and investigations, resulting from the Vendor’s offer and/or sale, and the Buyer’s subsequent use, of goods or services through our Services.
Certain state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, and limitations, may not apply to you and you may have additional rights.
ARBITRATION
If a dispute arises between you and us related to your use of the Services, these Terms, or our Privacy Policy, then the dispute shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited) and shall be administered by the American Arbitration Association (“AAA”). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Missouri Secretary of State. The arbitration proceedings shall be held in Jackson County, Missouri, USA. If this agreement to arbitrate is found not to apply to your claim, then both you and us agree that any judicial proceedings will be brought in accordance with the governing law and jurisdiction/venue provisions below.
Notwithstanding the agreement to arbitrate above, either you or us may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secrets, copyright or patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including without limitation all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
MISCELLANEOUS
Termination
You may stop using the Services at any time. Additionally, if you create a user account, you may terminate the account at any time. However, you will remain liable for any damage you caused or may later cause to us or any part of the Services.
In our sole discretion, at any time, and with or without notice, we may (a) suspend your access to or terminate your right to use of all, or parts of, the Services; (b) suspend your access to or terminate your user account, if applicable; and/or (c) suspend or terminate all, or parts of, the Services.
Governing Law; Jurisdiction; Venue; & Waiver of Jury Trial
These Terms and our Privacy Policy are governed by and shall be construed in accordance with Missouri law, without regard to its conflict of laws rules. If a dispute arises between you and us related to your use of the Services, these Terms, or our Privacy Policy, and if such dispute is for any reason not subject to the arbitration requirements above, then the dispute shall be resolved in the US. District Court for the Western District of Missouri and/or the courts in Jackson County, Missouri, and you and us each consent to venue and personal jurisdiction there. Both you and us waive trial by jury in all actions, proceedings, and counterclaims brought by either party against the other on any matter related to your use of the Services, these Terms, or our Privacy Policy.
Entire Agreement; Severability; Waiver
These Terms and our Privacy Policy set forth the complete and entire agreement between you and us relating to your use of the Services and supersede all other negotiations, proposals, or agreements, whether oral or written, previously discussed or entered into between you and us related to your use of the Services. Each provision of these Terms and our Privacy Policy shall be treated as separate and independent from the other provisions and the unenforceability of one shall not impair the enforceability of the others. The failure or delay by us to exercise any right or remedy set forth in these Terms or our Privacy Policy will not operate as a waiver thereof. The waiver by us of a breach of any provision in these Terms or our Privacy Policy will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us.
Assignment
These Terms and our Privacy Policy and all rights and licenses granted to you, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
POWER TO AMEND THESE TERMS
We may amend these Terms at any time by providing advance notice to you on the Website, through the Services, or through another communication channel. Your continued use after we provide the notice constitutes your consent to the amendment(s).
CONTACT
Except as otherwise required, all notices and communications that you may send to us shall be sent to us, with all expenses prepaid, at the following address: Storywize LLC, 4741 Central St, Suite 221, Kansas City, MO 64112. You may send informal communications to us via email at letspaint (at) doodlewash (dot) com.
This document was last updated on May 24, 2018
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