These terms were last updated on March 30, 2011.
IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICIES, IN EACH CASE AS AMENDED FROM TIME TO TIME, DOOZY IS UNWILLING TO ALLOW YOU TO, AND YOU MAY NOT AND MUST NOT ACCESS OR USE, THE SERVICE, CONTENT (AS DEFINED BELOW), SITE OR APPLICATIONS. Doozy may take any legal action against you to enforce these Terms or to prevent the breach of these Terms, including, without limitation, seeking equitable remedies or using technical means at its disposal. In addition to any other legal, equitable or technical rights and remedies that it may have, Doozy may without limitation, immediately terminate your use of the Service if Doozy believes in its sole discretion, that you are violating these Terms or that you intend to do so.
In order to use the Service you will be required to register with Doozy, and in this regard you will need to provide certain personally identifiable information to Doozy including your full name and e-mail address. We may ask you to voluntarily provide your gender and date of birth. You are required to use your real full name in connection with your use of the Service. In addition, when you create an Account (as defined below) we will ask you to create a password for your Account; your e-mail address will be your user name for your Account. Doozy will only use such personally identifiable information in accordance with the terms of our Privacy Policies. We take commercially reasonable precautions to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time.
Doozy may at any time, and in its sole discretion, add, modify, discontinue, remove, or suspend any part of the Service, Content, Site or Applications, either temporarily or permanently, without notice and without liability to you. You hereby agree that such activities may occur at Doozy’s sole discretion, and Doozy may require you to agree to such changes before permitting you to continue to use the Service, Content, Site and Applications.
Doozy may add to, change, or remove any part, term or condition of these Terms and/or the Privacy Policies at any time without prior notice to you. It is your responsibility to check these Terms and the Privacy Policies periodically for changes. However, you will be notified of any material changes to these Terms through notices that will be prominently displayed to you the first time you access or use the Service after a change has been made, or by e-mail sent to your registered e-mail address and your continued use of the Service after notification of such changes, constitutes your agreement to such changes. You will be notified of changes to the Privacy Policies as set forth in the terms of the Privacy Policies.
In order to use the Service, you will need to register with us to open a Pupil account (“Account”). You represent and warrant that: (a) all information you submit in connection with the opening and use of your Account, including without limitation, your name, is true, accurate, current, and complete; (b) you will promptly notify us if your information changes so that we can update our records; (c) you are aged 13 or older; the Service is not intended for persons under 13, and in accordance with the Children’s Online Privacy Protection Act of 1998, if we discover that a child under the age of 13 has provided us with personally identifying information, we will remove it from our systems immediately; and (d) your use of the Service does not violate any applicable law, rule or regulation. Please note that you are entirely responsible for maintaining the security and confidentiality of the information you hold for your Account, including, but not limited to, your user name and password, and for any and all activity that occurs through your Account as a result of your failure to keep this information secure and confidential. Doozy representatives will never ask you for your password. You hereby agree to notify Doozy immediately if you become aware of any unauthorized use of your Account, user name or password, or any other breach of security in connection therewith. You may be held liable for losses incurred by Doozy or any third party due to someone else using your Account, user name or password, as a result of your failing to keep your Account information secure and confidential. You are strictly prohibited from using anyone else's Pupil account, user name or password at any time and for any reason. Doozy is not liable to you or any third party for your failure to comply with your obligations under this paragraph.
When you open an Account, you will be asked to choose a category or categories in which you consider yourself an ‘expert’. You will receive one e-mail daily from Doozy with questions from other users in your expertise category. However, you will be able to change how often you receive such e-mails at any time by logging into your Account and following the relevant instructions to change your preferences. Also, while we encourage users to answer questions that they receive in their expertise category, you are not required to answer any or all questions that you receive. However, we reserve the right to terminate the Account of any user who repeatedly fails to answer any questions that they receive in their expertise category. Also, you understand that the term ‘expert’ is used loosely and this does not necessarily mean that the person responding to your questions has any special knowledge in the field of your question.
Without limiting the other terms and conditions of these Terms, you understand, acknowledge and agree that: (a) you are solely responsible and liable for all of Your Content (as defined below), including, without limitation, pictures and questions that you submit using the Service, and answers to other Service users’ questions that you submit using the Service; (b) Doozy accepts no responsibility for, and disclaims all liability arising from, any questions or answers submitted by any Service user through the Service; (c) you are solely responsible and liable for any reliance on, or other use that you make of, any responses to your or another Service user’s questions that you receive through the Service, and the consequences of such reliance: (d) Doozy does not monitor, endorse, recommend, support, guarantee, or approve the suitability, accuracy, legality, reliability, truthfulness, completeness, or appropriateness of any answers to any questions submitted by other Service users through the Service; (e) Doozy does not verify or make any representations or other investigations regarding the experience, qualifications, truthfulness, or reliability of any person who submits answers to Service users’ questions through the Service; (f) you are not entitled to any monetary or other compensation of any kind in connection with your submission of any answers to Service users’ questions through the Service; and (g) you are solely responsible and liable for your communications and other interactions with other Service users and Doozy has no obligation to monitor or to otherwise become involved in any dispute between you and any other Service user.
Doozy may in its sole discretion provide a ranking system as a feature of the Service which enables Service users who answer questions of other Service users through the Service, to receive points for their answers, with different levels of points allowing the answering Service user to use a name associated with a Doozy-designated status level. You can read more about the Doozy ranking system here. You understand and agree that these points have no monetary value and may not be redeemed for financial or other monetary payment of any kind. Doozy administers the ranking system in its sole discretion and its decision regarding the award of any points is final. Doozy may alter or terminate the ranking system at any time in its sole discretion without compensation to you.
At this time we do not charge a fee to open an Account or use the Service, however we reserve the right to charge a fee for either or both such activities in the future in our sole discretion. We will notify you if we choose to introduce any fees, by using the notification procedures specified in these Terms. You are solely responsible for any Internet, mobile device, carrier or other fees, charges or payments that you incur in connection with your use of the Service, Content, Site and Applications.
The Service, Content, Site and Applications are made available to you for your personal, non-commercial use only. No part of the Service, Content, Site and Applications may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, modified, exchanged, sold, transmitted, or distributed in any way by you, or any third party on your behalf, for any business or commercial purpose. You may not remove any copyright or trademark notices or other proprietary notice language found on the Content, Site or Applications or otherwise used in connection with the Service. You hereby acknowledge and agree that Doozy and its licensors owns all legal right, title and interest in and to the Service, Content, Site and Applications, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Service, Content, Site and Applications (whether such rights are registered or unregistered, and wherever in the world those rights may exist), and including without limitation, all trademark, copyright, patent and trade secret rights, but excluding Your Content. Without limiting the foregoing, as between you and Doozy, all content and other materials on the Site, in the Applications, or otherwise associated with the Service, including, but not limited to, graphics, user and visual interfaces, images, software (including, without limitation, software contained in the Applications), applications, and text, as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of the Service, Site and Applications and their content, and the domain names, trademarks, service marks, proprietary logos, and other distinctive brand features found on the Site, in the Applications, or otherwise associated with the Service (collectively, “Content”), are all owned by Doozy and its licensors, except for Your Content. You may not use the Service, Content, Site or Applications except as expressly set forth in these Terms. Any unauthorized use of the Service, Content, Site or Applications may violate copyright, trademark, trade secret, trade dress, or patent laws, or various other intellectual property rights and unfair competition laws, the laws of privacy and publicity, and civil and criminal statutes. By making them available through the Service, Content, Site or Applications, Doozy is not granting you any license to utilize its or its licensor’s domain names, trademarks, service marks, proprietary logos, and other distinctive brand features found on or associated with, the Service, Content, Site, or Applications. Any rights not expressly granted by Doozy in these Terms are expressly reserved. There are no implied rights.
You hereby represent and warrant that you will not: (a) attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service, or to any Doozy (or third party) server, by hacking, password "mining", or any other illegal means; (b) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Service; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Service, Content, Site or Applications, or with any other person's use of the Service, Content, Site or Applications; (d) breach any security measures implemented on or in the Service, Content, Site or Applications; (e) track or seek to trace any information on any other person who uses the Service, or disclose any information relating to such users; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to Doozy in connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; (h) use the Service, Content, Site or Applications for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations; (i) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the Service, Content, Site or Applications; (j) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, the Service, Content, Site or Applications; (k) use the Service to send spam or otherwise duplicative or unsolicited messages in violation of any applicable laws, rules, or regulations, including, without limitation, the CAN-SPAM Act; (l) use the Service to send or store infringing, obscene, threatening, libelous, discriminatory, or otherwise unlawful or tortious content, including, without limitation, material harmful to children or material that violates any third party intellectual property, publicity, privacy, or other rights; (m) interfere with or disrupt the integrity or performance of the Service, Content, Site or Applications or the data contained therein; or (n) use the Service to send or store content containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. You hereby agree that you will promptly notify Doozy if you become aware that the Service, Content, Site or Applications are being used for any illegal or unauthorized purpose.