TERMS AND CONDITIONS OF USE
Welcome to Docent.art (“Docent”) and any of our mobile or desktop applications (collectively, “Website”). All of us at Docent, as well as Workprint Innovations, LLC (“Workprint”), and their affiliates, representatives, and Website partners (collectively referred to hereinafter as “Workprint,” “Docent,” “we,” “our,” or “us”), hope you will come back and visit the Website often and fully utilize our services, including text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, emails, newsletters, blogs, promotions, surveys, and any other exciting thing we offer, you may view, access through, or contribute to our services (“Services”). But your use of the Website, and our Services, is subject to certain rules and conditions, which we have listed below (“Terms”). By accessing or using the Website, you are agreeing to be bound by these Terms (“Agreement”). We reserve the right to deny Services and access to the Website to anyone, who violates this Agreement.
If you do not want to be bound by the Terms, you should not register with the Website or use the Services we provide. We may change these Terms at any time, but will post in aDocentnce a notice on the Website of any material changes to the Agreement. Your continued use of the Website and our Services (after the posting of any amendments) means that you agree and accept any new or modified Terms, so make sure you check the Terms occasionally for changes (the latest revision date will be listed at the bottom of the webpage).
IF YOU DO NOT ACCEPT THE WEBSITE’S TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ITS SERVICES. IF YOU AGREE TO THESE TERMS ON BEHALF OF ANOTHER OR ENTER INFORMATION ON BEHALF OF ANOTHER, YOU REPRESENT AND WARRANT THAT: YOU HAVE THE AUTHORITY TO ENTER SUCH INFORMATION FOR THE ENTITY/PERSON; YOU CAN BIND THE ENTITY/PERSON TO THE TERMS; AND YOUR AGREEMENT TO THE TERMS WILL BE TREATED AS THE AGREEMENT OF THE ENTITY/PERSON (“YOU” AND “YOUR” WILL ALSO REFER AND APPLY TO THAT ENTITY/PERSON).
Registration and Account Security
To receive some of our exclusive Services, you may need to register with the Website. As part of the registration process, you may be asked to provide certain information. You agree that in connection with the Website: you are responsible for safeguarding the password that you use; you will not to disclose your password to any third party; you take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions; and you will immediately notify Docent of any unauthorized use of your password. You further acknowledge that if you wish to protect your transmission of data to Docent, it is your responsibility to use a secure encrypted connection.
Docent may from time to time offer both restricted free accounts and paid premium accounts with each offering different access and/or storage. You must read in its entirety this Agreement, and any relevant portion of the Website referring to such services, for account restrictions. Docent reserves the right, at any time, to change or impose fees for access to and use of the Website and/or Services.
Mobile Services and Access
Our Services may include the following: (i) the ability to upload content via a mobile device; (ii) the ability to browse our Services from a mobile device; and (iii) the ability to access certain features through an application downloaded and installed on a mobile device. To the extent you access our Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees, may apply. In addition, downloading, installing, or using certain Services may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using our Services, you understand that certain information about your usage of the Services may be communicated to us.
“Your Data” as used in this Agreement means the information contained in the files that you (or other users on your behalf) upload, download, and access through the Website and Services. You represent, acknowledge, and agree that you are the owner of Your Data and are solely responsible for your conduct and the content of Your Data, as well as any of the content contained in Your Data, unless otherwise agreed or specified herein.
You acknowledge that Docent does not have any obligation to monitor Your Data that is uploaded, posted, submitted, linked to or otherwise transmitted using the Website or Services, for any purpose. Docent is not responsible for the accuracy, completeness, appropriateness, legality, or applicability of the Your Data or anything said, depicted, or written by users on the Website, including without limitation, any information obtained by using the Website or Services; therefore, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Docent with respect thereto.
Your Data Made Public or Shared for Specified Access
Your Data may be made public or shared. By making or granting such access possible by use of our Services, you hereby grant such specified users and/or the public a perpetual and irrevocable non-exclusive, non-commercial, worldwide, royalty-free, sub-license, right and license to use and exploit Your Data. By making Your Data available to the public or allowing access by other users, for specific access or otherwise, you agree and acknowledge that: Docent has no responsibility or obligation to monitor or notify you of any non-compliance related to the license you have granted; and Docent has no responsibility to enforce, police, or aid you in enforcing or policing the terms of that license.
Representations as to Your Data
You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the licenses that Your Data requires. Please note that removing all or portions of Your Data from public or specific access does not revoke the license granted to those individuals who previously accessed those files. You acknowledge and agree that you should not rely on the Website and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved, or otherwise processed through the Website or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Website and/or Services.
Fees are based on rights purchased and not actual usage. Payment obligations are non-cancelable and fees paid are non-refundable.
Except as otherwise specified in this Agreement, “Content” means any information, mode of expression, or other materials found on the Website including, but not limited to: videos; articles; discussion boards; blogs; chats; software; writings; graphics; and any and all other features found on the Website. All of the content on the Website is the property of Docent and is protected by state, federal, and international copyright laws. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Content (either in whole or in part) of another user’s shared data unless you have been specifically told that you may do so by the rightful owner of that data in a separate agreement.
The Docent trademark, logos, patents, and all other Docent intellectual property are owned by Docent. You agree not to use such intellectual property without our written consent. Nothing in this Agreement or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Docent Intellectual Property displayed on the Website or on our Services, without our prior written permission in each instance. All goodwill generated from the use of Docent Intellectual Property will inure to our exclusive benefit.
Use of Intellectual Property
Articles, editorials, graphics, videos, and photos that appear on the Website, or are transmitted to you as part of our Services, are copyrighted or have been authorized for Docent’s use and shall not be reproduced, republished, retransmitted, or redistributed, in print or electronically, without prior permission and payment of applicable fees. Docent does not hold the copyright for material generated from freelance writers/photographers/videographers, the Associated Press, or other contributors.
To request permission to use copyrighted materials, send your requests to: Copyright@Docent.art or General Counsel for Docent, Copyright Department, P.O. Box 272362, Boca Raton, Florida 33427.
Requests must include the following information:
(1) general description of the copyrighted material;
(2) associated headline or caption;
(3) date published or seen on the Website;
(4) explanation of your intended use for the copyrighted information; and
(5) contact information where you can be reached if we acquire additional information.
Right to Use Submissions
By registering with the Website, you grant Docent an unlimited and irrevocable license to republish royalty free anything you post or submit for publication on the Website including, but not limited to: any blogs, photos, comments, posts, editorials, articles, videos and/or graphics (“submissions”). Anytime we republish your submissions, we will credit you as the author in the form you choose when registering with the Website. By making a submission to the Website, you are waiving any claim against Docent regarding the use of such submission.
Third Party Services
In addition, Docent is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Docent is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Docent enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Docent respects the intellectual property rights of others. It is Docent’s policy to promptly respond to claims of intellectual property misuse and, where applicable, remove the potentially infringing material.
Pursuant to the Digital Millennium Copyright Act (“Act”), 17 U.S.C. § 512, et seq., Docent has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your work has been copied in a manner that constitutes copyright infringement or are aware of any infringing material on the Website or through our Services, please submit a Notice of Infringement to: Copyright@Docent.art or General Counsel for Docent, Copyright Department, P.O. Box 272362, Boca Raton, Florida 33427.
The Notice of Infringement must substantively comply with the safe harbor provisions of the Digital Millennium Copyright Act, and contain the following information as set forth in 17 U.S.C. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner, or a person authorized to act on behalf of the copyright owner, must comply substantially with the provisions above set forth above to constitute Docent’s actual knowledge or an awareness of the alleged infringement. A separate Notice of Infringement must be sent each time you wish to report an alleged act of infringement.
Code of Conduct on Website
Submissions to the Website must be done in a lawful and civil manner. You may not use or allow others to use your registration with the Website to:
(1) post or transmit any content that you do not have the right to post or transmit under law, contract, or due to a fiduciary duty;
(2) post, transmit, or link to sexually explicit material or content that is abusive, defamatory, disruptive, fraudulent, harassing, hateful, threatening, obscene, profane, uncivil, vulgar, or discloses private or personal matters concerning any other person;
(3) impersonate any person or falsely represent your affiliation with a person or entity;
(4) post or transmit any advertising, promotional materials, or other forms of solicitation not authorized by Docent;
(5) violate any applicable law or regulation including but not limited to the rules and regulations of the U.S. Securities and Exchange Commission, any other securities exchanges, copyright, trade secret, or securities;
(6) Offer, sell, or buy any security;
(7) post or transmit any file that contains a virus, corrupted file, “Trojan horse” or any code or device that may damage another’s computer, computer related systems, and/or applications;
(8) disguise the origin of any content transmitted through or onto the Website;
(9) use any automated means including but not limited to agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from the Website or Docent; and
(10) take any action that unreasonably and/or intentionally disrupts or damages the Website’s infrastructure, our systems, or Services.
Docent may at any time, without prior notice, and at its sole discretion remove any post, terminate your access to the Website, revoke your registration, or take any other appropriate action for violating the above terms. Furthermore, a violation of the above terms may be referred to proper law enforcement authority or regulatory agency. You are responsible for statements made and actions taken through the use of your registration with the Website. Therefore, you agree to immediately notify Docent of any actual or suspected unauthorized use.
Termination of Account
You may terminate your account at any time. In the case of violation of the Terms, we reserve the right to limit your access to the Services or terminate your account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services by Docent may be effected without prior notice, and acknowledge and agree that Docent may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You understand and accept that we will not be held liable for the cancellation of your account.
Disclaimer of Warranties and Liabilities
Docent provides a broad range of services, information, commentary, and entertainment. On any given day, there are numerous contributors, who have used our Services and provided content to the Website. Therefore, we cannot and do not warrant the completeness, truthfulness, or accuracy of the content found on the Website, in our Services, or the content’s usefulness for any particular purpose. Docent also makes no promises that our content or Services will be delivered to you uninterrupted, timely, secure, or error-free – no matter how hard we try. We can only warrant that we will do are best and will never intentionally provide you with false information. In exchange, you promise not to hold Docent liable for direct, indirect, incidental, or any other type of damages, which includes, but is not limited to, loss or injury caused in whole or in part by our negligence in creating, developing, or maintaining our Website, Services, and content contained therein.
We do not know all the relevant facts about you and your individual needs. More importantly, we cannot and do not claim or represent that any particular Services are suitable or best for you. Docent’s Website and Services cannot replace your own simple common sense and the advice of professionals familiar with you and your current situation. If you need or want personal or professional advice, then you should seek a professional or qualified expert in the particular area of need. While we hope to provide you with useful information, by using our Website and Services, you agree: to bear the responsibility for your own research and decisions; and Docent will not be and cannot be liable for decisions or actions taken by you or others based upon reliance on any news, information, material, or other content published by Docent.
Capitalized Disclaimers and Limitations of Liability
Docent IS NOT A FINANCIAL OR LEGAL ADVISOR. Docent MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCT, SERVICE, CONTENT, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASED OR OBTAINED FROM THE USE OF OUR WEBSITE OR OUR SERVICES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, COMPLETENESS, AND ACCURACY OF THE WEBSITE AND OUR SERVICES. TO THE EXTENT THIS AGREEMENT’S EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS DETERMINED TO BE INVALID, OUR LIABLITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Docent may assign its rights and obligations under this Agreement without your consent. You may not assign any of your rights and obligations under this Agreement without the prior written consent of Docent, however, such consent may not be unreasonably withheld.
Notice, Governing Law, Jurisdiction, and Venue
Federal or state law may require that we notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our Website or upon sending them to you via email, which is why you must keep your registration information current. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. To request that we provide such notices to you in paper format, send your requests to: NoticeRequest@Docent.art or General Counsel for Docent, Notice Request Department, P.O. Box 272362, Boca Raton, Florida 33427.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid and unenforceable, the remaining portions of this Agreement shall be severable from such portion and the remainder of this Agreement shall remain in full force and effect. This Agreement shall be construed and governed by the laws of the State of Florida. You agree that the appropriate state or federal courts in and for Palm Beach County, Florida (“Courts”), shall be the venue and exclusive proper forum in which to adjudicate any case or controversy arising either directly, or indirectly, under, or, in connection, with this Agreement. In the event litigation arising out of or in connection with this Agreement is filed in these Courts, the Docent and you agree not to challenge the jurisdiction or venue of these Courts.
Our Website and Services are directed at a U.S. audience. We cannot warrant that the Website and Services are appropriate for users outside the United States, or that use of the Website and Services is permitted under the laws of other jurisdictions. If you access the Services from a location outside the United States you are responsible for compliance with all applicable local laws, including, but not limited to, the export and import regulations of other countries. Subscriber acknowledges and agrees that content is subject to the U.S. Export Administration Laws and Regulations.
Last Updated: April 01, 2017