Last Updated: November 18th, 2010
These terms and conditions (the "Terms") govern your access to and use of HiDoodle's websites, mobile applications, software, and services (colletively referred to as the "Services"). By accessing or using the Services, you agree to be bound by the Terms and conclude a legally binding contract with HiDoodle LLC ("HiDoodle"). You may not use the Services if you do not accept the Terms.
1.1 The Services are constantly being improved and updated. The Services that HiDoodle provides may change from time to time without prior notice to you.
1.2 HiDoodle may temporarily or permanently stop providing the Services to you at HiDoodle's sole discretion. If HiDoodle disables your account, you will be prevented from accessing the Services, your account details, and any files or content that is contained in your account.
1.3 You may stop using the Services at any time without providing any notification to HiDoodle.
1.4 HiDoodle reserves the right to set an upper limit on the amount of data that is stored in your user account.
1.5 The Service may be interrupted, suspended, or discontinued at any time without notice or liability.
2.1 Any information you provide to HiDoodle during registration for an account and while updating your user information must be accurate, correct, and up to date.
2.2 You agree to access the Services only through the interfaces that are provided by HiDoodle. You may not access any of the Services through any automated methods, including scripts and web crawlers.
2.3 You agree not to engage in any activity that will negatively affect the Services in any way, the servers that run the Services, the networks that provide access to the Services, or other users of the Services.
2.4 You agree not to, and will not assist or enable others to:
(a) Violate the Terms.
(b) Duplicate, copy, reproduce, sell, trade, or resell any of the Services for any purpose.
(c) Use any automated method to access, retrieve, scrape, or index any portion of the Service or any Content.
(d) Reverse engineer any portion of the Service.
(e) Attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Services through hacking or any other means;
(f) Use any system that interferes with the proper operation of the Services.
2.5 You agree to use the Services in accordance with HiDoodle's Privacy Policy, which governs our collection and use of your information.
3.1 You are responsible for maintaining the confidentiality of your account password.
3.2 Your are solely responsible for all activity that occurs in your account.
3.3 You will immediately notify HiDoodle at help@hidoodle.com if you become aware of any unauthorized access to your account.
4.1 Any information, including lists, items, files, coupons, advertisements, sponsored information, videos, and images (referred to as "Content"), which is shared with you by another user of our Services, is the sole responsibility of the person who shared the Content.
4.2 Content may be protected by intellectual property rights which are owned by the company, user, sponsors, or advertisers that provided that content to HiDoodle. You may not modify, duplicate, copy, reproduce, rent, lease, loan, sell, trade, or resell any of the Content.
4.3 You agree not to use any of HiDoodle's trade marks, service marks, trade names, domain names, logos, any other features of the HiDoodle branch.
5.1 The Services may provide hyperlinks to external websites, content, information, and resources provided by companies other than HiDoodle (collectively referred to as "External Resources"). HiDoodle only has control over its own Services and has no control over the External Resources.
5.2 HiDoodle is not responsible for the availability or content of the External Resources, and does not endorse any of these External Resources.
5.3 You acknowledge and agree that HiDoodle is not liable for any loss or damage to you as a result of the availability and content of the External Resources.
6.1 HiDoodle gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services provided to you by HiDoodle. This license is for the sole purpose of enabling you to use an enjoy the benefit of the Services provided by HiDoodle, in the manner permitted by the Terms.
7.1 The Services are supported by advertising and may display advertisements, coupons, sales, promotions, and other offers ("Ads") that may be targeted to you based on the Content and information in the Services or any other information.
7.2 The types of Ads and how they're displayed to you may change from time to time without prior notice to you.
7.3 You agree that HiDoodle may display the Ads along with its Services.
7.4 You are not entitled to any compensation for the Ads.
8.1 By sending us any suggestions, feedback, proposals, ideas, or documents ("Feedback"), you agree to the provisions in this section.
8.2 HiDoodle is under no obligation to confidentiality with respect to the Feedback.
8.3 We may already be considering or working on something similar to the Feedback.
8.4 You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
9.1 HiDoodle may change the Terms from time to time. When these changes occur, HiDoodle will post the updated Terms to this webpage at http://notes.hidoodle.com/home/terms.php.
9.2 Any change to the Terms will be effective once they are posted to this webpage.
9.3 You acknowledge and agree that your continued access to and use of the Services after any posted change to the Terms indicates your acceptance of the change.
10.1 You can terminate your account at any time by emailing HiDoodle at help@hidoodle.com.
10.2 HiDoodle may terminate your account at any time for any or no reason, and without notice or liability of any kind.
10.3 In the event of any termination, whether by you or by us:
(a) Your account information and any data in your account may be deleted permanently.
(b) The Terms will continue in full force and effect.
11.1 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTEND PERMITTED BY LAW.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
11.3 HIDOODLE DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) THE SERVICES WILL BE COMPLETE, ACCURATE, AVAILABLE, TIMELY, SECURE, OR RELIABLE,
(B) THE SERVICES WILL MEET YOUR REQUIREMENTS,
(C) THE DEFECTS IN ANY PART OF THE SERVICES WILL BE CORRECTED.
11.4 HIDOODLE WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OF DATA OR ANY HARM TO YOUR COMPUTER SYSTEM OR OTHER DEVICE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES.
11.5 HIDOODLE HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE, ANY CONTENT MAINTAINED BY THE SERVICES.
11.6 NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED FROM HIDOODLE OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATES IN THE TERMS.
12.1 HIDOODLE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
12.2 HIDOODLE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES,
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES,
(C) ANY CONTENT OBTAINED FROM THE SERVICES; AND,
(D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TWITTER HAS 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,
(E) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES,
(F) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL,
(G) ANY CHANGES THAT HIDOODLE MAKES TO THE SERVICES,
(H) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES.
12.3 THE LIMITATIONS ON HIDOODLE'S LIABILITY TO YOU IN PARAGRAPHS 12.1 and 12.2 ABOVE SHALL APPLY WHETHER OR NOT HIDOODLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.1 The Terms and our Privacy Policy contain the whole legal agreement between you and HiDoodle and govern your use of the Services. The Terms supercede and replace any prior agreements HiDoodle and you regarding the Services.
13.2 HiDoodle may provide notices to you of announcements including changes to the Terms, updates to the Servics, friends sharing information with you, or other information that HiDoodle believes is important or urgent.
13.3 HiDoodle will maintain its legal rights and remedies granted under the Terms even if HiDoodle does not actively exercise or enforce these rights.
13.4 Any provision that is ruled invalid by a court of law will be removed from the Terms. The removal of a provision will not affect the rest of the Terms, and the remaining provisions of the Terms will remain valid and enforceable.
13.5 The Terms shall be governed by the laws of the State of Massachusetts. Any legal matter arising from the Terms will be resolved and submitted to the exclusive jurisdiction of the courts in Middlesex County, Massachusetts.