Dowoodle Terms of Service
1. Your Acceptance
By using or visiting the Dowoodle website, mobile app, or any Dowoodle products, software, data
feeds, and services provided to you on, from, or through the Dowoodle website and mobile app
(collectively the "Service") you signify your agreement to (1) these terms and conditions (the
and incorporated herein by reference, and (3) Dowoodle's Community Guidelines, found at
Dowoodle.com/legal/community_guidelines and also incorporated herein by reference.
Guidelines, please do not use the Service.
Although we may attempt to notify you when major changes are made to these Terms of
Service, you should periodically review the most up-to-date version
Dowoodle may, in its sole discretion, modify or revise these Terms of Service and
policies at any time, and you agree to be bound by such modifications or revisions. Nothing in
of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service, including users who are also
of Content on the Service. “Content” includes the text, software, scripts, graphics, photos,
music, videos, audiovisual combinations, interactive features and other materials you may view
through, or contribute to the Service. The Service includes all aspects of Dowoodle, including
limited to all products, software and services offered via the
Dowoodle website, such as the Dowoodle mobile app, Dowoodles and Activities (collectively
and other applications.
The Service may contain links to third party websites that are not owned or
controlled by Dowoodle. Dowoodle has no control over, and assumes no responsibility for, the
privacy policies, or practices of any third party websites. In addition, Dowoodle will not and
censor or edit the content of any third-party site. By using the Service, you expressly relieve
from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Service and to read the terms and
3. Dowoodle Accounts
In order to access some features of the Service, you will have to create a Dowoodle
Account. You may never use another's account without permission. When creating your
account, you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account password secure.
You must notify Dowoodle immediately of any breach of security or unauthorized use of your
Although Dowoodle will not be liable for your losses caused by any unauthorized use of your
you may be liable for the losses of Dowoodle or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
Dowoodle hereby grants you permission to access and use the Service as set forth in these Terms of
Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content without
prior written authorization, unless Dowoodle makes available the means for such distribution
functionality offered by the Service.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the Service itself,
or other explicitly authorized means Dowoodle may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain
Dowoodle's prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog
containing Content delivered via the Service, unless other material not obtained from
Dowoodle appears on the same page and is of sufficient value to be the basis for such
Prohibited commercial uses do not include:
uploading an original Activity to Dowoodle, or maintaining an original Activity on
Dowoodle, to promote your business or artistic enterprise;
uploading an original Advertisement or Clue to Dowoodle, to promote your business or
any use that Dowoodle expressly authorizes in writing.
If you use the Dowoodle Platform or API on your website, you may not modify, build upon,
or block any portion or functionality of the Platform or API, including but not limited to
links back to the Dowoodle website.
If you use the Dowoodle mobile app, you agree that it may automatically download and install
updates from time to time from Dowoodle. These updates are designed to improve, enhance and
further develop the mobile app and may take the form of bug fixes, enhanced functions,
new software modules and completely new versions. You agree to receive such updates
(and permit Dowoodle to deliver these to you) as part of your use of the mobile app.
You agree not to use or launch any automated system, including without limitation, "robots,"
or "offline readers," that accesses the Service in a manner that sends more request messages to
servers in a given period of time than a human can reasonably produce in the same period by
using a conventional
on-line web browser. Notwithstanding the foregoing, Dowoodle grants the operators of public
search engines permission
to use spiders to copy materials from the site for the sole purpose of and solely to the extent
necessary for creating
publicly available searchable indices of the materials, but not caches or archives of such
materials. Dowoodle reserves
the right to revoke these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally
identifiable information, including account names, from the Service, nor to use the
communication systems provided by the Service
(e.g., comments, email) for any
commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users
of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
Dowoodle reserves the right to discontinue any aspect of the Service at any time.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply
specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the
are owned by or licensed to Dowoodle, subject to copyright and other intellectual property
rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal
use solely as intended through the provided functionality of the Service and as permitted under
these Terms of Service. You shall not download any Content unless you see a “download” or
link displayed by Dowoodle on the Service for that Content. With exception of the Cloning
for Activities, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell,
or otherwise exploit any Content for any other purposes without the prior written consent of
Dowoodle or the respective
licensors of the Content. Dowoodle and its licensors reserve all rights not expressly granted in
and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of
Service or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of
and that Dowoodle is not responsible for the accuracy, usefulness, safety, or intellectual
of or relating to such Content. You further understand and acknowledge that you may be exposed
to Content that
is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or
equitable rights or remedies you have or may have against Dowoodle with respect thereto, and, to
the extent permitted
by applicable law, agree to indemnify and hold harmless Dowoodle,
its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law
regarding all matters related to your use of the Service.
6. Your Content and Conduct
As a Dowoodle account holder you may submit Content to the Service, including Activities,
Advertisements, Clues, and user comments. You understand that Dowoodle does not guarantee any
confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and
publishing your Content on the Service. You affirm, represent, and warrant that you own or have
the necessary licenses, rights, consents, and permissions to publish Content you submit; and you
to Dowoodle all patent,
trademark, trade secret, copyright or other proprietary rights in and to such Content for
the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights to your Content as long as you maintain an
active Dowoodle account. However, by submitting Content to Dowoodle, you hereby grant Dowoodle a
worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use,
distribute, prepare derivative works of, display, and perform the Content in connection with the
Service and Dowoodle's (and its successors' and affiliates') business, including without
for promoting and redistributing part or all of the Service (and derivative works thereof) in
media formats and through any media channels. You also hereby grant each user of the Service a
license to access your Content through the Service, and to use, reproduce, distribute, display
such Content as permitted through the functionality of the Service and under these Terms of
Service. The above
licenses granted by you for the Content you submit to the Service terminate within a
time after you remove or delete your Content from the Service. You understand and agree,
however, that Dowoodle
may retain, but not display, distribute, or perform, server copies of your videos that have been
deleted. You also understand and agree that at the moment your Dowoodle Account is closed by you
by Dowoodle for breach of these Terms of Service or Community Guidelines or for any other
reason, any Content
that is not deleted from the Service before the Account is closed will be considered abandoned
will assume ownership of the Content. By abandoning your Content, you knowingly forfeit
ownership of the
Content to Dowoodle and you also forfeit any future participation in the Revenue Sharing Program
that Content. The above licenses granted by you in user comments you submit are perpetual and
You further agree that Content you submit to the Service will not contain third party
copyrighted material, or material that is subject to other third party proprietary rights,
unless you have permission from the rightful owner of the material or you are otherwise
legally entitled to post the material and to grant Dowoodle all of the license rights granted
You further agree that you will not submit to the Service any Content or other material that
is contrary to the Dowoodle Community Guidelines, currently found at
which may be updated from time to time, or contrary to applicable local, national, and
international laws and regulations.
Dowoodle does not endorse any Content submitted to the Service by any user or other licensor,
or any opinion, recommendation, or advice expressed therein, and Dowoodle expressly disclaims
any and all liability in connection with Content. Dowoodle does not permit copyright infringing
activities and infringement of intellectual property rights on the Service, and Dowoodle will
remove all Content if
properly notified that such Content infringes on another's intellectual property rights.
reserves the right to remove Content without prior notice.
7. Account Termination Policy
Dowoodle will terminate a user's access to the Service if, under appropriate circumstances, the
user is determined to be a repeat infringer.
Dowoodle reserves the right to decide whether Content violates these Terms of Service for
reasons other than copyright infringement, such as, but not limited to, pornography, obscenity,
or excessive length.
Dowoodle may at any time, without prior notice and in its sole discretion, remove such Content
and/or terminate a user's account for submitting such material in violation of these Terms of
8. Copyright Policy
Dowoodle operates a clear copyright policy in relation to any Content alleged to infringe
the copyright of a third party. Details of that policy can be found here
As part of Dowoodle's copyright policy, Dowoodle will terminate user access to the Website and
Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who
has been notified of infringing activity more than twice.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, DOWOODLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. DOWOODLE MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
DOWOODLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER
OTHER ADVERTISING, AND DOWOODLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL DOWOODLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DOWOODLE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Dowoodle from its facilities in Canada. Dowoodle makes no
representations that the Service is appropriate or available for use in other
locations. Those who access or use the Service from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Dowoodle,
its parent corporation, officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to
fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these
Service; (iii) your violation of any third party right, including without limitation any copyright,
property, or privacy right; or
(iv) any claim that your Content caused damage to a third party. This defense and indemnification
obligation will survive
these Terms of Service and your use of the Service.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal
or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations,
representations, and warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service.
In any case, you affirm that you are over the age of 13, as the Service is not intended for children
under 13. If you are under 13 years of
age, then please do not use the Service. There are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by Dowoodle without restriction.
You agree that: (i) the Service shall be deemed solely based in Alberta; and (ii)
the Service shall be deemed a passive website that does not give rise to personal
jurisdiction over Dowoodle, either specific or general, in jurisdictions other than Alberta.
These Terms of Service shall be governed by the internal substantive laws of the Province of Alberta,
without respect to its conflict of laws principles. Any claim or dispute between you and Dowoodle
that arises in whole or in part from the Service shall be decided exclusively by a court of competent
at http://www.Dowoodle.ca/legal/privacy and any other legal notices published by Dowoodle on the
shall constitute the entire agreement between you and Dowoodle concerning the Service. If any provision
these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these Terms of Service, which
shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term, and Dowoodle's failure to assert
any right or provision under these Terms of Service shall not constitute a waiver of such right or
provision. Dowoodle reserves the right to amend these Terms of Service at any time and without notice,
and it is your responsibility to review these Terms of Service for any changes. Your use of the Service
following any amendment of these Terms of Service will signify your assent to and acceptance of its
YOU AND DOWOODLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: June 21, 2016