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”).
If you do not agree to these Terms, then do not use the Services.
USE OF THE SERVICES
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.
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.
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.
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.
User Accounts in 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.
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.
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.
You will be required to pay us a transaction fee for each Vendor Product which you sell through the Services. Unless otherwise agreed to between you and us in writing (either digital or physical), the transaction fees applicable to a particular sale will be as set forth at https://doodlewash.com/vendor-fees/. We may amend the transaction fee applicable to your sales at any time, for any reason, by providing 15 days advance notice you.
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.
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.
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.
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
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.
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
6735 Vistagreen Way, Suite 210
Rockford, Illinois 61107
Phone: (815) 314-0022
Send your Infringement Notice by email to: email@example.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.
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.
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.
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
Entire Agreement; Severability; Waiver
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).
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