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Dookaz.com provides its website and related services to you subject to the following terms and conditions that govern your use of the Website and the Services (“Services”) as defined below, which may be updated from time to time without further or prior notice to you. These terms and conditions describe your rights and responsibilities in your use of the Website and the Services. Your use of the Website constitutes your agreement to and acceptance of these terms and conditions (“T & C”) and your continuous use of the Website after any changes of the T & C shall constitute your agreement to and acceptance of the new terms and conditions. You are requested to contact us at email@example.com if you have any questions about the T & C.
Apart from their ordinary business sales outlets, Dookaz.com also provides a number of Internet-based services on the Website. The Services enable you to design or create customized items and products, including but not limited to T-shirts (the "Products"). You may create, buy and sell any of the Products for your own use and commercial use or purpose or sell the Products through your account or blog on the Website ("Shop(s)"). Subject to the provisions on becoming a Shopkeeper herein, you may become a Shopkeeper on the Website and may sell your designs and/ or the Products bearing your designs through the Designer Shop. While the services will change from time to time, Dookaz.com shall allow all other users of the Website to browse the Website and buy the Products from the Designer Shops.
2. Use of the Website and the Services
In order to use the Website and the Services, you must be at or above the age having the legal capacity to enter into contracts in accordance with the laws of Hong Kong, the Special Administrative Region of the PRC, which shall be the law applicable to the T & C, otherwise your parent or guardian’s consent and agreement in writing as the case may be shall first be provided to Dookaz.com. which will not knowingly provide the Services to any minor. You must also comply with all applicable laws relating to online trading.
3. Grant, Scope of License to use the Website and the Services
(i) Subject to your compliance with the T & C, Dookaz.com hereby grants you a limited revocable license to access and use the Website and the Services. However, this license does not allow you to access or use the Website for the purposes of collecting or using information on the Website, not allowed by Dookaz.com as set forth below; create works based on or derived from the content of the Website with a view to competing with the Products and/or Services of Dookaz.com; or download or copy any content of the Website, except for the content of 'Common Resources' like Apparel Templates, My Ad and etc. Dookaz.com hereby reserves its rights to revoke this license hereby granted at its absolute discretion should it consider that you have used the Website and/or the Services beyond the scope of this license hereby granted or have violated any of the T & C.
(ii) In using this license hereby granted, you will not acquire any proprietary intellectual property rights (“IPRs”) in relation to the content of the Website and/or the Services, and any and all such IPRs are owned by Dookaz.com exclusively unless otherwise provided in the T& C.
(iii) You may only use Dookaz.com Services as expressly permitted by Dookaz.com. You may not do anything harmful to the Website or the Services. In particular but without limitation, you may not post, list or upload content or items in inappropriate categories or areas on the Website; breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties: hamper with the Services by viruses, bugs, trojans or any other technologies to disrupt or damage the Website and its interest, property, software and hardware; modify, copy, reverse engineer, decompile or disassemble any technology used to provide the Services; use robots or devices or processes or any other technologies to view or monitor the activities on or copy pages from the Website; post, list or upload false, inaccurate, misleading or defamatory content (including personal information) or harvest or collect electronic mailing addresses or other information from third parties by or from using the Services without their consent; impersonate other person(s) or party/parties; distribute or post spam, chain letters, or pyramid schemes; use, copy, modify, or distribute Dookaz.com’s name, copyrighted works or trade marks, or other content from the Website, without Dookaz.com’s express consent; interfere with other users in their use or enjoyment of the Services; or assist, encourage, incite or join with any third party in engaging in any activity prohibited by this T & C.
4. Third parties dealings
Although Dookaz.com uses techniques that aim to verify the accuracy and truth of the information provided by its users, user verification on the Internet is difficult. Dookaz.com cannot and does not confirm, and is not responsible for ensuring the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the Site. The users themselves shall be solely responsible for any consequences in the dealings with the other users of the Websites or any third parties which may appear as service providers introduced and allowed by Dookaz.com on the Website. You are solely responsible for complying with any terms and conditions of the said service providers for their services. Dookaz.com shall not and cannot be a party to any transaction between you and the said service providers and shall not be liable for the transaction. In the event that there is any conflict between the terms and conditions of the said service providers and the T & C, the T & C shall always prevail.
5. Your Communications with and Submissions to the Website
The IPRs in or relating to any of your questions, comments, suggestions, ideas, message or blog postings, material submitted via web, communications or any other information in tangible form will automatically be deemed to be assigned, granted and transferred by you to Dookaz.com upon your submission or communication, and you agree that the same will automatically become the property of Dookaz.com and that Dookaz.com shall be entitled to use or deal with them in any way and for any purpose Dookaz.com thinks fit. This clause shall not apply to the IPRs in the content you use in or upload to the Shops.
6. Website Services
(i) This service allows you to upload your own designs and the content thereof, whether they are in the form of images, video, print or electronic data (“your Content”), to the Website and buy the Products with your own design printed thereon for your own use in accordance with the ordering policy, content usage policy and instructions on the Website. Each of the Products Dookaz.com sell to you is custom printed to order and it will honor requests for returns, exchanges, or refunds only in cases where you received a size, color, or style other than what you ordered; or if items are defective, or if designs are certified incapable for printing by Dookaz.com so the order is canceled. Dookaz.com will honor such requests placed within 60 days of the original order date. Shipping costs are not refundable. All sales are final because the Products are custom printed to order, and Dookaz.com cannot guarantee that a cancellation will be possible.
(ii) The ownership of your Content shall remain yours and you hereby grant to Dookaz.com a royalty free, worldwide, transferable, non-exclusive right and license to use, advertise, market, promote, publish and sell your Content in any manner the Services and Products hereunder, in any media, as Dookaz.com deems necessary for the provision of the Services, processing your order, producing and shipping the Products you order or sell. For these purposes only, Dookaz.com may sublicense the rights that you grant hereunder to any subcontractor,
(iii) Notwithstanding anything herein to the contrary, Dookaz.com shall not be required to so advertise, market, promote or publicize and may decide, at its absolute discretion, whether or not your Content is suitable for the Services, the Products or the Shop and reject the same or remove the same from the Website at any time without prior notice or liability to you or any third party if it decides that your Content are unsuitable and its decision shall be final and conclusive.
(iv) No money will be refunded once the order is confirmed and paid, unless the graphics are certified incapable for printing by Dookaz.com, either for the reason of formating or unsuitable content. You can browse your current and past orders by entering 'my orders' after login your account. Once the order is confirmed and paid, you have no right to change or cancel.
7. Content Usage Policy
The Content Usage Policy is aimed at governing the users regarding their use of content via Dookaz service and to provide Intellectual Property Rights owners a channel for reporting potential infringement. All Dookaz users are required to abide by this Content Usage Policy and/ or the associated guidelines.
(i) Questionable Material and Prohibited Contents.
Questionable materials and prohibited contents which are offensive or otherwise violate general accepted moral standards shall not be used in connection with the services provided by Dookaz.
(ii) Copyright, Trademark & other Intellectual Property Guidelines Rights.
Dookaz does respect intellectual property rights and all Dookaz users shall undertake not to infringe the copyright, trademark and/ or other intellectual property rights of third parties and to indemnify Dookaz for any costs and/ or damages in respect of infringement disputes and/ or proceedings.
(iii) Notification of Intellectual Property Rights Violations.
Users of our services and/ or intellectual property rights owners are encouraged to report to us if they believe that their rights and/ or rights of any third party have been infringed by a user of our service.
8. Representations and Warranties
You hereby represent and warrant that you are the sole and exclusive owner of the your Content and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
9. Dookaz.Com’s rights reserved
(i) Dookaz.com may modify any T & C, at its sole discretion at any time. Notice of any change by e-mail, to your address on records, or the posting on the Website of a change notice or a new agreement, is sufficient notice for notifying you of a modification to the T & C. If you do not agree to any modification, you may terminate the agreement with Dookaz.com under these T & C without prejudice to any antecedent claim or breach of yours and Dookaz.com.
(ii) Dookaz.com may change, suspend, discontinue the Services at any time for any period without being liable therefor to any user, Shopkeeper or any other person or entity and may at its absolute discretion to change the appearance, interface, functions, its operation policies or the name, logo of the Website without being liable to any user, Shopkeeper or any other person or entity without prejudice to any antecedent claim, breach and transactions of the users, Shopkeepers and Dookaz.com.
Dookaz.com cannot guarantee continuous or uninterrupted access to the Services, as the operation of the Website may be interfered with by numerous factors outside its control. Dookaz.com cannot give any promises or warranties, implied or express that the Services will always be available, error free, suitable or fit for your purposes or requirements, merchantable or non-infringing upon others’ rights or compatible with the software, hardware or configuration of your computer.
DOOKAZ.COM OR ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF BUSINESS, GOODWILL, REPUTATION, REVENUE, PROFITS, OPPORTUNITY, BUSINESS INTERRUPTION, OR DATA ARISING IN OR IN RELATION TO THESE T & C, THE USE OF THE SERVICES OR THE WEBSITE.
Dookaz.com may disclose to you as a Shopkeeper certain confidential information as a result of creating your own Shop on the Website, ("Confidential Information")."Confidential Information" shall include, but not be limited to, any information of buyers or potential buyers for your design not generally available to other users or Shopkeepers, and any other information Dookaz.com may designate as confidential. You agree not to disclose any Confidential Information and shall not use it for any purpose directly or indirectly except for the sale of your design and with the buyer or potential buyer’s prior consent given to you in writing or electronically.
You agree that you will only use the Website in accordance with these T & C and shall compensate, keep indemnified and harmless Dookaz.com and its directors, employees, agents, and representatives from any damage, loss, or cost or expense, including but not limited to legal fees and costs incurred on indemnity basis in connection with any third party claim, demand or action Dookaz.com shall incur arising from any breach by you of these T & C. Dookaz.com shall have the right to control the defense, settlement, and resolution of any claim, demand or action at your sole expense and you may not settle or otherwise resolve any such claim, demand or action without Dookaz.com's express written permission.
14. Relationship of Parties
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these T & C. You will have no authority to make or accept any offers or representations on behalf of Dookaz.com.
K.Y.LO & CO., Solicitors and Agents for Trade Marks & Patents.