Terms and Conditions
1.0.0. Definitions and Status
1.1.0. Terms - this document of terms and conditions. Once accepted by you, these Terms is a legally binding agreement between you and Dodepict.com.
1.2.0. Database - the compilation of clip-art images that is unique to DoDepict.com
1.3.0. Clip-art - any single image that is provided by DoDepict.com for the User
1.4.0. Canvas - the white board on the "create a DoDepiction" page that the User utilises to create a DoDepiction.
1.5.0. Services - the various features that the user utilises by accessing DoDepict.com. Services are provided at the Users' own risk. You are given a non-exclusive right to use the software that powers the Services. This right can be revoked at any time without notice.
1.6.0. DoDepiction - a collage of two or more clip-art images and/or Cut-outs that the User creates by means of utilising the Services.
1.7.0. User - an individual or a company that uses the Services.
1.8.0. Cut-out - a portion of a bitmap image or a whole bitmap image that a user uploads and edits for the purpose of using it as a part of a DoDepiction.
1.9.0. Clip 'N Drag - a proprietary tool that is provided by DoDepict.com and used to obtain a Cut-out
1.10.0. User Content - anything that the User creates by means of utilising the Services including but not limited to DoDepictions, Cut-outs, Descriptions, Comments and Biography.
1.11.0. We, us, our - the provider of the Services, i.e. DoDepict.com
1.12.0. You, your - the User, a person using the Services
1.13.0. These Terms outline our rights and your access and use of Services. You are permitted the use of the Services on a condition that you have read and accepted these Terms. By using the Services you agree to adhere to the Terms outlined here.
2.0.0. Basic Use of Services
2.1.0. The Services are provided for Users to create visual content for illustrating their social status, making memes, greeting cards or any other visual items by generating DoDepictions and sharing them via their social networks.
2.2.0. By registering, you state that you are at least 15 years of age. The Content is provided under a similar advisory to the "15 Certificate" of the British Board of Film Classification, which means that Content on the site may include:
2.2.1. dangerous behaviour
2.2.2. strong language
2.2.3. frequent and substantial violence (including blood)
2.2.4. mild sexual content without excessive detail but including nudity
2.2.5. reference to drugs, crime and weapons
If you find this unacceptable, don't use the Services.
2.3.0. The Services are not intended to be used by persons younger than 15 years of age. We do not knowingly collect personal data from persons under the age of 15.
2.4.0. You may use the Services only on a condition that you are in a position of forming a binding contract with DoDepict.com that governs the use of Services. If you accept these Terms when registering by ticking the appropriate box, you state that you are authorised to do so according to the laws of the United Kingdom. Your use of the Services are governed by these Terms, by the law of the United Kingdom and international regulations.
2.5.0. These terms can be changed or adjusted without any notice. You can always check the revision date at the end of these Terms. DoDepict.com reserves the right to amend, transform or stop the Services.
2.6.0. DoDepict.com doesn't accept any damage or liabilities be it moral or monetary that may occur from using these Services or by us stopping the Services. We are not liable for any loss of profits or potential profits related to the use of our Services.
2.7.0. DoDepict.com provide the Services on a good-will basis and no guarantee is made as to how long and in what form these Services will be provided. We don't claim any fitness for a particular purpose, we don't make any guarantees towards usefulness of the Services.
2.8.0. DoDepict.com reserves the right to decide on the Content that is displayed to the Users and Visitors. Content may include 3rd party advertising or textual and visual information that some Users may disagree with. You agree that DoDepict.com may display advertising on any page of the Services and that we may not always identify advertorial content as being paid for. DoDepict.com has the final say as to what Content is displayed and doesn't accept any liability regarding the Content that has been displayed or Content that has been blocked from being displayed.
2.10.0. All user generated Content, including Cut-outs and Content that is generated on the Canvas by using Clip-art from our Database and comments hosted on DoDepict.com, are the sole responsibility of the User who generated the Content. DoDepict.com won't be held responsible for any damages such content may create. Furthermore, DoDepict.com doesn't guarantee the dependability or accuracy of the Content. In case Users or Visitors decide to use any part of Content for reference, they do so using their common sense and they take full responsibilities of the consequences.
2.11.0. The User keeps the rights to Content created and shared via the Services. By submitting, displaying or sharing Content on DoDepict.com, you grant us a royalty-free, worldwide, non-exclusive license to use, reproduce, sublicence, copy, transform, build upon, share and display Content via the Services or 3rd party services that are compliant without Terms across a wide variety of media including but not limited to API, web services and print.
3.0.0. What you can and what you cannot do with the Content
3.1.0. You May:
3.1.1. You may use any two or more Clip-art images to create a DoDepiction.
3.1.2. You may use the DoDepiction both for Personal and Business purposes, which include but are not limited to printing on paper, mugs, t-shirts, flyers, using as a greeting card, using as a "wallpaper" on any device.
3.1.3. Producing multiple copies of an item displaying a DoDepiction is allowed except if it is used as a cover illustration or an internal page illustration in a book, newspaper or magazine, in which case it is necessary to approve the use prior to printing. To approve the use of a DoDepiction as a book/newspaper/magazine illustration, please send a written enquiry to:
Suite 12, 12 Boscombe Spa Road, Bournemouth, BH5 1BD, Great Britain.
If you require a written response, make sure you include sufficient return postage in form of a stamped and addressed envelope.
Please note, if it has an ISBN number, it is considered a book regardless of how small it is and regardless of the print run, and you need a written permission to use a DoDepiction in such a manner.
3.1.4. If you are a business or a marketing agency representing a business and you have used your Trademark or Registered design in a DoDepiction, it is now your responsibility to make sure your shared DoDepictions are not used in a way that you wouldn't like.
3.1.5. You may share your DoDepictions by posting them to any 3rd party website such as Twitter, Facebook, Pinterest or your own website as long as you fully adhere to the Terms and Conditions of the website that you share the DoDepiction on.
3.1.6. You may use the Clip'N'Drag tool to upload and cut a bitmap image. You may only upload and use images that you possess the copyrights of. If you intend to use an image of your friend and family member, make sure you have a permission to do so.
3.1.7. You may display your finished DoDepictions to your user gallery (the DoDepictions are being added automatically).
3.1.8. You may comment on other peoples' DoDepictions as long as the Content you generate (comments in this case) don't breach the properties outlined in 4.0.0.
3.2.0. You May Not:
3.2.1. You may not use a single Clip-art as a finished DoDepiction. You have to have at least two Clip-art images on the Canvas or at least add another element to the first Clip-art such as a text element or a Cut-out. The additional element should be visible on the DoDepiction. In other words, you cannot put a smaller Clip-art or a text element underneath the first Clip-art and use that as a DoDepiction. If only a single Clip-art is visible, it still doesn't constitute a DoDepiction, hence it breaks these Terms.
3.2.2. Post blatant 3rd party advertising via the comment forms.
3.2.3. The Database is protected by the Directive 96/9/EC of the European Parliament. You may not save or capture any single Clip-art or various Clip-art images to create a new compilation or append to an existing compilation. You many not save Clip-art on external data sources, cloud services, laser discs, USB sticks, hard drives, websites or any other data source. Although part of the Database has been collected from Public Domain source, a large portion of the Database is made up of original artwork prepared by DoDepict.com. If you break this clause, we assume that you are ready to pay the Database fee of £500 per day of use of our Database. This applies to any portion of our Database captured and stored on a 3rd party data source regardless how many separate Clip-art images you have captured and saved.
3.2.4. We monitor the web constantly and people or companies having made partial or full copies of our Database will be served with an invoice covering the number of days you've used our Database and a notice of content removal. The invoice will be payable in 14 days after the issue. Unpaid invoices will be followed up by a phone-call from our lawyer. Unsettled infringements will be taken to court according to the EU Database Directive (96/9/EC).
3.2.5. You may not be involved in any actions outlined in the Abuse section
3.2.6. You may not add content that breaches the rules outlined in point 4.0.0
3.2.7. You may not create a username with lettering or wording that breaches the rules outlined in point 4.0.0.
3.2.8. You may not use the Services if you are on the Sex offenders register.
3.2.9. You are not allowed to generate DoDepictions or comments that promote following products or services:
220.127.116.11. MLM or any other networking-based schemes;
18.104.22.168. Tobacco products including electronic cigarettes;
22.214.171.124. Gambling including bingo;
126.96.36.199. Weapons that require an ownership licence;
188.8.131.52. ANY health products or supplements;
184.108.40.206. Services related to illegitimate SEO, including bulk links, fake social accounts and similar;
220.127.116.11. Radical sects or cults with a track record of suspicious behaviour.
3.2.10. If you have any unspent criminal charges related to previous commercial activities (such as fraud, for example) OR if you are based in a territory or country embargoed by the UK, you will not engage in any commercial activities including but not limited to promoting products and services via the Services, purchasing advertising from DoDepict.com, paying for account upgrades or any other activities involving commercial gain or exchange of funds. This doesn't affect your rights to use the Services for leisure activities.
4.0.0. Types of Content Deemed Illegal
You may not create, enable or share content that has one or more of the following properties:
4.1.0. Full-on nudity with detailed genitals, hardcore pornography, minors depicted in sexually-suggestive poses or situations
4.2.0. Hate speech
4.3.0. Threatening behaviour or bullying towards an individual, group or a company.
4.4.0. Behaviour that incites violence or promotes violence against individuals or animals.
4.5.0. Aggravated derogatory depiction of an individual or a group based on their race, sexuality, beliefs and customs that goes outside the publicly acceptable and/or humorous references within the boundaries of Freedom of Speech.
4.6.0. Content that promotes criminal activity (for example, an actionable call to riot).
4.7.0. Making unfounded claims about an individual or a company.
4.8.0. Claims concerning the end of the world and unfounded conspiracy theories that may lead to mass disturbances.
5.0.0. 3rd Party Rights
5.1.0. You're not allowed to use brands and logos in your DoDepictions unless you're using your own brand or logo and agree for the DoDepiction to be freely distributed across third party websites. Or unless you are representing a company and have obtained a permission to use their Brand.
5.2.0. If you are a brand, a company or an entity (person or agency) representing a brand or a company, choose an appropriate username and make sure we can easily contact you should we need to confirm your rights to using the artwork.
5.3.0. You are aware that once posted or shared, the Content is publicly accessible. If you are a Brand or a Business using your Trademark or Registered Design in a DoDepiction it is solely your responsibility to manage the potentially unwanted distribution of the DoDepiction.
5.4.0. All Cut-outs are uploaded by the Users. By uploading and using Cut-outs, the Users state that they have the right to use these Cut-outs
5.5.0. DoDepict.com doesn't provide ANY Cut-outs as part of the Services and we are not to be held liable for any possible damage or copyright issues caused by people using Cut-outs If you believe that a Cut-out compromises your rights, check the Removal section 7.0.0. to find out how to request Content to be taken down.
6.0.0. Sharing Content and DoDepictions
6.1.0. By submitting Content to DoDepict.com you agree to release the rights to your Content. You are not eligible for any monetary remuneration for your DoDepictions nor can you claim copyrights on the DoDepictions.
6.2.0. By sharing Content via means of sending Content to Twitter, Facebook or other 3rd party websites you acknowledge that you are aware of the Terms of the 3rd party websites and that you are sure you're not infringing on anyone's copyrights.
A DoDepiction that is shared by a User can be viewed by the audience worldwide. Please make sure you're not going to be embarrassed by the Content before you share it.
6.3.0. If you delete a DoDepiction from your DoDepict.com account, it may not be deleted from the backup source for a considerable amount of time and it will definitely not be automatically deleted from 3rd party sources that you or other users have shared it with. If you want to completely take down a shared DoDepiction, it is your responsibility to follow up with the 3rd party sources and DoDepict.com can not assist you in that.
7.0.0. Content Removal and Disputes
7.1.0. A certain part of the Compilation has been accumulated from various sources of Public Domain artwork. This artwork is released into the Public Domain to the best knowledge of DoDepict.com. In an unlikely event of a User spotting a clip-art image that infringes on somebody's copyrights, the User should follow the procedure of requesting content removal:
- Complete a free-form letter outlining the claim
- Describe the image and its location so that we know which image is being referred to
- Prove that the image in question is infringing copyrights
- State that you are authorised to sign the removal request
- Sign and date the letter
- Include a carbon copy of an id that shows your photograph and home address (if you represent a company, include a document that shows your company registration number and business address). Sign the carbon copy.
- Send the letter along with the signed carbon copy to:
Suite 12, 12 Boscombe Spa Road, Bournemouth, BH5 1BD, Great Britain.
- In case you require a written response, make sure you include sufficient return postage in form of a stamped and addressed envelope.
7.2.0. The users whose content is removed following a Removal Request have the right to appeal.
7.3.0. Censorship and Disputes.
Freedom of expression (AKA Freedom of Speech) is guaranteed in the United Kingdom by the Article 10 of the Domestic Law according to the Human Rights Act. DoDepict.com is a registered business in the UK and abides by its laws. Requests of censorship will not be entertained under any conditions (including requests from foreign governments and agencies) except the situations when the Content is considered inappropriate according to the clause 4.0.0. in these Terms.
8.0.0. Spam and Abuse
8.1.0. Multiple accounts
We do not currently limit the number of accounts an individual or company can register and operate with the Services, however, if we notice that automated methods are used to produce or share content, we will delete all abusive accounts and disable future access to the Services.
8.2.0. Selling Usernames
You may not create multiple usernames for the purpose of squatting or selling the usernames. The usernames that are found to be on sale or used as squat, will be permanently frozen and kept from ever being registered again bar special dispensation at DoDepicts sole discretion (i.e for a brand names that squatters have sat on).
Comments, galleries or DoDepictions must not contain an excessive amount of marketing messages, invitations to visit 3rd party websites or any other material that may be deemed abusive. You are not allowed to use spamming and phishing techniques.
You may not post comments that contain only a link. Comment links contain a nofollow attribute and won't transmit any SEO value.
You may not tamper with the Services, including but not limited to trying to upload faulty files, trying to execute external code, trying to hack the Services, running scripts on top of DoDepict.com, using Browser macros, running vulnerability checks. We monitor the User behaviour using a state of the art technology and any attempts to tamper with the Services will be recorded, stored and reported if necessary.
8.5.0. Disclosing and asking for passwords
It's illegal to disclose your login details to other parties and allowing them to access your account unless it's an agency that you're employing for the purposes of maintaining your DoDepict.com account. Although we facilitate the on-site security precautions, you are responsible for ensuring your account is only used by yourself and nobody else. It is also illegal to request other Users to give up their passwords.
8.6.0. Other unlawful behaviour
You may not use the Services to carry out unlawful, malicious or discriminatory actions and it is up to you to know the law. Any such actions are the sole responsibility of the User and DoDepict.com will not be held liable for damages caused by unlawful behaviour of a User.
9.0.0. Disclosure of Private Data
If Police or a Government Agency requests information about a particular user in connection to possible breaches or criminal behaviour, DoDepict.com intends to grant these requests fully.
This means that if you do something you shouldn't do, we will provide the Police with a full set of data, which includes all the locations you've logged in from to use the Services, your name, email address, the contents of your folders and a list of DoDepictions you've made.
11.0.0. Trademarks and Ownership
The title, interest and trademarks related to the Services and all the Content and data comprising the Services will remain the exclusive property of Dodepict.com. You have no right to use the trademarks, logos, domains or any other identifiable entity representing DoDepict.com without an explicit written permission from us.
12.0.0. Copyright of these Terms
The wording used in these Terms is created and owned by DoDepict.com. You may not copy any part of this text or adapt it for use on your website or printed documentation. Individuals or companies found to do so will be served a DMCA according to the treaties of the World Intellectual Property Organization.
These Terms were last revised in August 2015.
© 2018 Dodepict. All rights reserved.