By accessing or using the Services you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Services.
Account Terms and Conditions
Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted.
Additionally, you must be 18 years of age or older.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions performed under your password, whether your password is with our Services or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Usernames and Account Names
You may not use as a username or account name the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You acknowledge that we will use the email addresses you provide as the primary method for communication.
If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number and the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to our third party processing partners for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Some parts of the Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Oki Doki cancels it. You may cancel your Subscription renewal by contacting Oki Doki customer support team at firstname.lastname@example.org at least 48 hours prior to renewal.
A valid payment method, including credit card, is required to process the payment for such Subscriptions. You shall provide Oki Doki with accurate and complete billing information including full name, email, and valid payment method information. You may be required to provide your billing address including mailing address, state/province, postal code, and telephone number for billing depending on how you pay for your Subscription. By submitting such payment information, you automatically authorize Oki Doki to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Oki Doki may issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Subscriptions may include a trial period (“Trial(s)”). After the Trial period ends you will be billed in accordance with the Subscription Billing Cycle. To cancel your Subscription before the Billing Cycle begins, you can contact Oki Doki customer support team at email@example.com at least 48 hours prior to the Trial Period’s end. Trials can be extended by Oki Doki upon request on a case-by-case basis.
Oki Doki, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Oki Doki will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Purchases or Subscriptions may be considered by Oki Doki on a case-by-case basis and granted in sole discretion of Oki Doki.
Content and Intellectual Property
Content You Submit to the Services
Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness.
By posting Content to the Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You retain any and all of your rights to any Content you submit, post, or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.
You represent and warrant that:
- the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
- the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be:
- abusive, defamatory, or obscene;
- fraudulent, deceptive, or misleading;
- in violation of a copyright, trademark or, other intellectual property right of another or;
- offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Services.
FOR GREATER CERTAINTY, WE TAKE NO RESPONSIBILITY FOR, WE DO NOT EXPRESSLY OR IMPLICITLY ENDORSE, AND WE DO NOT ASSUME AND LIABILITY FOR ANY CONTENT THAT YOU POST ON THE SERVICES.
Our Intellectual Property
The Services and all contents, including but not limited to text, images, graphics or code are the property of Oki Doki and are protected by copyright, trademarks, database, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Services only for your own non-commercial use, or to place an order with Oki Doki. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Oki Doki or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Services.
Availability, Errors, and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Services.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Services may have an error regarding pricing, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Services and in our advertising on other websites.
Oki Doki Digital, Inc. shall not be liable to you or to any third party for any modification, price change, suspension, down-time, or discontinuance of the Services.
Privacy & Data Protection
The Services provide add-ons (“Integrations”) which allow you to enable connections to the following third-party software, websites, or applications (“Third Party Providers”):
Such Integrations are made available solely as a convenience and by enabling and using such an Integration, you understand and agree that:
- Integrations offered through the Services are enabled entirely at your own risk and discretion, and it is your responsibility to read the terms and privacy policies of the associated Third Party Provider before enabling or using them,
- you own or have all the necessary licenses, rights, consents, and permissions to use and authorize transfer of your Personal Data or any Student Personal Data within your control to a Third Party Provider,
- we are not responsible for any disclosure, modification, or deletion of your Personal Data, Student Personal Data within your control, or other Content, or for any corresponding losses or damages you may suffer, as a result of access by an Integration or a Third Party Provider to your Personal Data, any Student Personal Data within your control, or other Content, and,
- you agree to indemnify, defend, and hold harmless Oki Doki Digital, Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands, including reasonable attorneys’ fees, arising out of your use of an Integration or your relationship with a Third Party Provider.
FOR GREATER CERTAINTY, WE TAKE NO RESPONSIBILITY FOR, WE DO NOT EXPRESSLY OR IMPLICITLY ENDORSE, AND WE DO NOT ASSUME AND LIABILITY FOR ANY INTEGRATION LISTED ABOVE THAT YOU ENABLE OR UTILIZE IN THE SERVICES.
Links To Other Websites
The Services may contain links to third-party web sites or services that are not owned or controlled by Oki Doki.
Oki Doki Digital, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Oki Doki Digital, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and privacy policies of any third-party web sites or services that you visit.
In some cases, it is necessary for our employees to access your account and content in order to diagnose a problem or provide support. When you contact our support team, it is implied that you are allowing Oki Doki employees to access your account if it is required to provide support.
Ideas and Feedback
You may choose to or we may invite you to submit comments or ideas about our Services, including but not limited to ideas about improving the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is unsolicited and without restriction and will not place Oki Doki under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Services will immediately cease.
You agree to indemnify, defend and hold harmless Oki Doki Digital, Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Services; (b) your breach of any of these Terms; (c) anything you post on or upload to the Services; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
Oki Doki Digital, Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Services; (ii) your inability to access or use the Services; (iii) any conduct or content of any third-party on or related to the Services; (iiv) any content obtained from or through the Services; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO US DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
Disclaimer And Non-Waiver of Rights
Oki Doki Digital, Inc. makes no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Services is at your sole risk. The Services, including but not limited to any advance of information or documentation, is provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Oki Doki Digital, Inc. its subsidiaries, affiliates, and its licensors do not warrant that (a) the Services will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.
If you breach any of these Terms and Oki Doki Digital, Inc. chooses not to immediately act, or chooses not to act at all, Oki Doki Digital, Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Oki Doki Digital, Inc. does not waive any of its rights. Oki Doki Digital, Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license, or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.
The section headings used in these Terms are for convenience only and will not be given any legal import.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.
If you have any questions about these Terms, please contact us:
- By email: firstname.lastname@example.org