Terms & Conditions
Throughout these Terms and Conditions, ‘The Dots’ or ‘thedots’ and ‘we/us/our’ means Responsive Web Design Inc.
Copyright
All the design, text, graphics, software compilations, underlying source code, software (including applets) and other material on this website are the copyright of Responsive Web Design, or our content and technology providers. All rights reserved.
You may only electronically copy and print hard copy parts of this website in order to subscribe to The Dots. Any other use (including: reproduction for other purposes; modification; distribution or publication) without our prior written permission is strictly prohibited.
Disclaimer
To the fullest extent permitted at law, we provide this website and its contents on an ‘as is’ basis. We make no (and expressly disclaim all) representations or warranties of any kind with respect to this website or its contents, including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this website is accurate, complete or current.
Except as specifically stated on this website, to the fullest extent permitted at law, neither Responsive Web Design Inc or The Dots nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with using this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Responsive Web Design Inc does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Responsive Web Design Inc, its affiliates, directors, employees or other representatives.
Links to third party sites
This website contains links to other websites that we do not control or maintain. We are not responsible for the content of these sites. We provide these links for your convenience only, and do not necessarily endorse their content.
Data protection and privacy
Any details you give us, and from which we can identify you, are held and processed in accordance with our Privacy Policy. We collect and use your personal data in accordance with our privacy policy, which can be found here. We may update the policy from time to time, so we recommend that you revisit the page from time to time to stay informed about how we use your information.
Your profile information and account
Your email address is the only way to log in and access your Account. You understand and agree that you are responsible for maintaining the confidentiality of your email address. You agree to provide true, accurate, current, and complete information about yourself, or the entity you represent, and you agree not to misrepresent your Profile Information. The Dots is not responsible for any Profile Information that may be lost or irrecoverable through the use of the Site or Services.
For as long as you remain the Account Owner and in compliance with this Agreement, you have the right to access and use the Services. This right is non-transferable, and you agree not to disclose your email address to any Third Party. You are solely responsible for all activities that occur within your Account. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying The Dots immediately. It is your responsibility to update or change any Account or Profile Information, as needed or desired.
Billing information can be updated from within your Account, and may only be changed by the Account Owner. The Dots disclaims all liability where Account ownership is disputed, and will not participate or play any role in such disputes. The Dots will automatically charge the credit card on file; should the billing information be changed, the new credit card will be charged. If an updated credit card is under a different name, the owner of the updated card becomes the Account Owner. The Dots will not change your billing information for you, under any circumstances, and will not be held responsible if an unauthorized party accesses your Account or changes your billing details. The Dots does not see or store full credit card numbers at any time.
Fees and Renewals
You agree to pay all Subscription fees, including but not limited to: Basic Plan, Standard Plan, Premium Plan and Featured upgrades. Unless otherwise specified in a Subscription, such fees will be billed in advance for each month and are non-refundable. You agree that you may not be refunded or credited for partial months of service, or for periods in which your Account remains open but you do not use the Services.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting these fee changes to the Site or by notifying you via email. Should you continue to use the Services after these changes go into effect, you will be responsible for paying the new Subscription/billing rate.
By entering a credit card number, you agree that The Dots, and our Third Party service providers, may store your payment card information. You expressly authorize us to charge you, where applicable: (i) Subscription Fees, to be billed during a Subscription Period (ii) other fees for Services purchased.
You agree to reimburse us, where applicable, for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not update your payment card information or cancel your Subscription, you authorize us to suspend your Account until your billing details have been updated. After an Account suspension, you agree that we may re-attempt payment processing upon receiving updated billing details.
Term and Renewal
Your paid Subscription is valid for a monthly Subscription Period.
If you upgrade to a higher-level Subscription during the Subscription Period, you will have immediate access to those higher level features. You agree to pay The Dots the difference between your original Subscription fee and the cost of the upgrade.
If you downgrade to a lower-level Subscription during the Subscription Period, you will receive a credit to your Account representing the difference between your original and your downgraded Subscription costs.
Changes to Subscriptions will be reflected in your next invoice. No credits or refunds will be issued for downgrading from a paid subscription to a Free Account (cancelling or shopper account).
Your Subscription will automatically renew for an additional Subscription Period unless you cancel (see “Cancellation and Termination” below).
Cancellation and Termination
You may cancel your monthly Subscription at any time from within your Account. Sending an email or asking a question in our forums is not a valid method for cancelling your account and will not be treated as such.
Cancellations must be completed at least one (1) day prior to the end of your then-current Subscription Period; otherwise, billing for the next month will be processed automatically. Cancellations performed after billing are not entitled to refunds, in whole or in part.
You are responsible for all charges accrued on your Account up to the time of Cancellation, including all fees within the Subscription Period in which you cancel. Upon Subscription Cancellation, you are placed on a Free Shopper Account. Account deletion permanently removes all listings, as well as your email address and other Personal Data. The Dots is not responsible for any Content lost as a result of Account deletion. We reserve the right to change our data storage and processing capabilities and procedures at any time, without notice or liability, subject to applicable laws.
The Dots reserves the right to terminate this Agreement at any time, for any reason, and at our sole discretion, without liability. A reason for such termination may be, but is not limited to, failure to comply with these Terms. The Dots reserves the right to modify, suspend, or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.
The sections “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Third Party Sites and Content”, “Disclaimer, Exclusion, and Limitation of Liability”, “Indemnification”, “Waiver of Jury Trial and Class Action Rights”, and “Dispute Resolution” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
Intellectual Property Rights
We value Customer, user, and potential Customer/user Feedback and take it very seriously, and we may, from time to time, solicit Feedback. All Feedback is The Dots exclusive property, and no provider of Feedback has a claim to any form of compensation, monetary or otherwise, in exchange for providing it.
We may, in our sole discretion, use, share, or incorporate Feedback in whatever form or derivative we may decide into the Site, our software, Services, documentation, business or other products, without limitation. We retain all rights to such Feedback on a worldwide basis in perpetuity.
All The Dots Material, as defined in the General Terms, is owned by us or our licensors or service providers, and is protected by copyright, trademark, trade secret, and other intellectual property laws.
For as long as you adhere to this Agreement and maintain a valid Account, The Dots grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited purpose right to access and use the Materials.
Submission of Content
You are able to add and upload Content in order to create and edit listings using the Services. You agree that you are solely responsible for all Content you submit, provide, or upload, including any legal or other consequences for submitting, providing, or uploading it.
You grant The Dots a non-exclusive license to use the Content you upload in order to provide the Services to you, including, but not limited to, troubleshooting and publishing your listings. This use may include, without limitation, the right to host, index, cache, store, or otherwise format your Content.
You further agree that The Dots may modify, add, and delete any Content added to the Services without liability, and at our sole discretion. Reasons for Content modification or deletion shall include, but are not limited to: malicious or damaging software or corrupted code within the Content, violations of intellectual property law, and for troubleshooting purposes.
You represent to The Dots that you own any Content you upload, submit, or otherwise add to your Account, or that you have obtained any necessary licenses, rights, consents, and permissions to such Content and activity. As such, you agree that none of the aforementioned Content will in any way violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person, business, organization, or entity.
You agree that The Dots is not responsible for any violations of Third Party intellectual property rights in any Content that you submit, upload, or otherwise add to The Dots. You further agree to pay all royalties, fees, and any other monies owed relating to the use of such Content.
The Dots may request access to your Content to use for marketing purposes. You are under no obligation to grant this request, and we will not use your Content in any marketing materials without your prior emailed permission.
Monitoring
You agree that we may Monitor the Site and Services, including without limitation, any listings created using our Services. We may, where reasonable or necessary, disclose information to satisfy our legal obligations, protect The Dots or its Customers, or operate or improve the Site or Services.
We reserve the right to Monitor the security and preserve the integrity of our Site, resources, data, Materials, customer content, and intellectual property (yours, ours, and Third Parties’). By using the Services, you agree that we may, with or without prior notice or notification, for any reason, and at our sole discretion, immediately suspend your access to the Services or Site, remove and/or request that you remove listings and Content, and/or terminate this Agreement. Reasons for removing Content or listings, or requesting their removal, may include, but are not limited to, security threats, intellectual property violations, attempts (whether or not successful) to access unauthorized data or other Material or Content, or the presence of Content and listings that in any way violate these Terms (including the Privacy Policy ) or place The Dots, our Customers, business, affiliates, partners, or licensors at risk, as determined solely by us. Suspension of use and access is not a breach of this Agreement by The Dots, and your Account/Content/listings may be reinstated when the threat or risk has been remedied, at our sole discretion. The Dots disclaims all liability for suspending the Site or Services, removing or requesting the removal of Content or listings, or terminating this Agreement, and you have no claim to any form of compensation or damages arising from such action.
Aggregate Data
You agree that The Dots may gather and publish anonymous, Aggregate Data, based on your, your visitors’, and Your Customers’ use of the Site or Services. This data will not incorporate any Personal Information.
Where you choose to use or connect Third Party services with your Account, you agree that The Dots may share your listing data with these designated Third Parties, without liability. You are fully responsible for the Personal Data you choose to collect, store, and share, and you agree to abide by all applicable laws within your jurisdiction.
The Dots does not sell the lead data you collect with The Dots to Third Parties.
Beta Test
From time to time and at our sole discretion, we may initiate Beta Tests. We may implement, run, suspend, or terminate a Beta Test at any time without notice or liability, and do not guarantee that a tested product, service, modification, upgrade, or other adjustment to the Site, Services, or means of providing the Services, will become part of the Services. We may deliver (and subsequently cease delivering) a Beta Test to all or any subset of The Dots Account holders at our discretion without prior permission at any time. If we decide to incorporate a tested product or service into The Dots platform, we may adjust our prices accordingly. The Dots accepts no liability for any consequences resulting from, or related to, your participation in a Beta Test.
Commercial Platform
You have the option of using The Dots as a commercial platform, including, but not limited to to, incorporating links to purchasing pages, booking systems. The Dots does not offer payment processing tools as part of the Services, and will not perform payment processing for Your Customers on your behalf. These transactions are entirely between you, Your Customers, and any other applicable Third Party, and we are not in any way liable or responsible for them.
Third Party payment services that you choose to link to are governed solely by the Third Party’s terms of use and privacy policies. We are not responsible for actions taken by any Third Party service provider, or for changes to their terms or policies.
When using The Dots to offer or sell products or services, you agree to comply with the following:
(a) You may not offer or sell illegal or potentially illegal Customer Goods, including, but not limited to, those that are counterfeited, stolen, or fraudulent. Customer Goods offered or sold using the Site and/or Services must comply with all applicable laws, including, without limitation, export control laws.
(b) You may not offer or sell any Customer Goods that violate our Terms and conditions. This includes, but is not limited to, products that depict or promote child pornography, are obscene or defamatory, or that violate privacy rights or intellectual property law.
(c) You may not use the images or names of any Third Party (including notable personalities or celebrities) when offering or selling Customer Goods without first obtaining that Third Party’s permission.
The Dots may remove, or request that you remove, any listings or Content that violate this section.