Welcome to The Dots Global Limited (‘The Dots’, ‘Dots Connect’, ‘We’ or ‘Us’), a free web and mobile app service, and design-centric network site that fosters collaboration, networking, and productivity in the creative professional community. We aspire to do the right, ethical and legal thing in bringing you this site and our mobile app, and we ask that you use the same judgment as you read, use, and share the content hosted on The Dots. When utilizing The Dots content, we ask that you give credit where appropriate and don't edit our content – or content that belongs to others without permission. If we've made an error, please let us know. You can reach us athelp@the-dots.com.
Whilst we believe you will do the right thing at all times, our lawyers, and hence we, require you to accept these Terms and Conditions. We recommend that you print a copy of this for future reference.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at our website www.the-dots.com (the ‘Site’), our mobile app (the ‘App’), our events platform (the ‘Events Platform’) and any associated sites from time to time, and any communications service (including the capability to contribute links and other information), or other interactive service that may be available to you on or through this Site (all of which together we call our ‘Services’), are provided to you under these terms and conditions of use (the ‘Terms’). These Terms together with the documents referred to in it form the entire agreement between you and Us and supersede all prior agreements between you and Us regarding the subject matter contained in these Terms.
IMPORTANT: BY USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS. USE OF OUR SERVICES INCLUDES ACCESSING, BROWSING OR REGISTERING TO USE OUR SERVICES.
2. INFORMATION ABOUT US
Our Services are operated by The Dots Global Limited ('We', 'Us' or 'The Dots'). We are registered in England and Wales under company number 8593982 and have our registered office c/o HaysMacintyre, 10 Queen Street Place, London, EC4R 1AG. Our main trading address is 31 New Inn Yard, London, EC2A 3EY. Our VAT number is 179 4068 71. The Dots is a limited company.
3. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be thirteen or older to use the Services. Use of the Services is void where prohibited. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all these Terms.
4. OTHER APPLICABLE TERMS
These Terms refer to the following additional terms, which also apply to your use of our Services:
5. CHANGES TO THESE TERMS
The Dots may change these Terms from time to time and at any time, and without actual notice to you. Please check this page from time to time to take notice of any changes We make, as they are binding on you.
By using the Services after We post any changes, you agree to those changes. If at any time you choose not to accept these Terms, please do not use the Services.
6. DESCRIPTION OF SERVICE
The Dots exists as two distinct platforms:
With this goal in mind, The Dots provides users of the Services with a variety of online services, including but not limited to:
PUBLIC-FACING ONLINE COMMUNITY. An online professional network founded to help members to showcase their professional work, to connect with each other, to find commercial opportunities, and to advance their careers.
PRIVATE ONLINE COMMUNITIES. Individual online private ‘white label’ membership communities that enable individual members of private organisations to network online within those communities (known as ‘White Labels’, ‘White Label Apps’ or ‘Channels’).
USER-GENERATED CONTENT. Uploaded or entered multimedia content developed by creative professionals across multiple industries.
JOB LIST. A directory of jobs or freelance opportunities.
EVENTS PLATFORM. A digital platform on which event organisers can advertise and sell tickets to their events. Tickets are sold through the platform to customers directly where customers can search, select and buy tickets online for events. For the avoidance of doubt, the contract of sale will be between the customer and the event organiser.
THIRD PARTY CHANNELS. We work with third party channel providers (“Channel Providers”) to help them create their own private digital social channels on our website and via our mobile application – these Channel Providers can then use these for their own professional networking services.
We provide these to the Channel Providers on a white-label basis which means you will see their logos and branding when using them and you will access these via the Channel Providers directly. Please note that where you use one of these Third Party Channels, additional terms may apply as well as additional access conditions implemented by the Channel Provider - these will be provided directly to you by the Channel Provider. In addition you may be required to register for an account in order to use these services, and access will be strictly dependent on your membership.
Users will always be required to sign up to use our Services in order to access Third Party Channels. In the event your membership to the relevant Third Party Channel expires, your membership with The Dots will continue unless terminated in accordance with these terms.
OTHER FEATURES. You may also conduct various other activities through the Services. In order to use any feature of the Services not described above, you may be required to register for a free The Dots account.
The Dots shall not be liable if for any reason the Services are unavailable at any time or for any period. Access and use of the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond The Dots’ control. We will not be liable in the event access to our Services is restricted, suspended or withdrawn by a third party mobile application that integrates with and you utilise to access our Services.
7. USER-GENERATED & THIRD PARTY CONTENT
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials (‘Content’) which are transmitted, posted, or distributed by you via our Services, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your profile page and information, photos, images, sound files or other Content posted by you in a forum or other page.
We do not own or control the Content posted by users of the Services and do not guarantee the accuracy, integrity or quality of such Content.
You may be exposed to Content posted by other users of the Services that may be offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any Content posted by any user of the Services or third party, including, but not limited to, liability for infringements of third party rights, any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Services.
Where you access our Services via a Third Party Channel, please note that we will only be responsible for the Content on our Site and on our App, We will not be responsible or liable for any additional Content that forms part of the Third Party Channel including by other users or the Channel Provider themselves.
8. JOB ADVERTISEMENTS
Where you post, or ask Us to post on your behalf, Content which advertises job opportunities on our Services, you warrant and represent as follows:
We exhibit job advertisements on our Services for a period of 1 month and will automatically take down such advertisements after that period unless you indicate to us that you wish to extend by a further period. To be clear, your obligation to take down or cancel the relevant job advertisement through the platform if any such job offer has been withdrawn or the position fulfilled remains throughout the period in which the relevant job advertisement is exhibited on our Services.
Please note that we are unable to guarantee that postings for jobs via the Services will result in applications being made.
9. GRANT OF LIMITED LICENCE
Subject to the below, all intellectual property rights existing in any content on the platform or in the Platform software are exclusively owned and exercisable by The Dots.
You warrant and represent that you either (i) own all right, title and interest to your Content and to any likenesses contained in your Content or (ii) have the legal right to post such Content via the Services and to grant the licence to Us in the following paragraph and other rights referred to in these Terms.
You grant Us an unlimited licence for a perpetual, irrevocable, royalty-free, unrestricted, world-wide, non-exclusive, fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, distribute, perform and display your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such licence enables Us to feature or use your Content via the Services and in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content.
You also warrant that any 'moral rights' in posted materials have been waived. You acknowledge and agree that the display or use of your Content shall be at our sole discretion and your Content may or may not be included on the Services for any reason or no reason at all.
10. CONDUCT AND CONTENT (SEE EVENTS PLATFORM TEXT BOX FOR SPECIFIC TERMS)
The Services and any related services provided to you are provided solely for information, entertainment and organisational purposes.
These content standards apply to any and all Content which you contribute to our Services, and to any interactive services associated with them. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content you provide as well as to its whole.
You acknowledge and agree:
We do not pre-screen, monitor, review or edit the Content posted by users of the Services. However, We, Our agents and the Channel Providers have the right (but not the obligation) at our sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such Content.
You are responsible for the accuracy, copyright compliance, legality, decency and compliance with all applicable national and other laws, rules and regulations or any other aspect of such submitted material, including any Content or part thereof, or other communication to Us.
You agree to immediately notify Us of any unauthorized use of the Services or any other breach of security that you know or suspect.
CONDUCT AND CONTENT - EVENTS PLATFORM
You acknowledge and agree:
Event details
All details of events including, but not limited to, performance times, ticket prices and seat allocation must be entered into the Events Platform by the event organiser. The accuracy of all such information is at all times the events organiser’s responsibility. Failure to provide accurate event details (including amendments to an event if the date or time changes) will breach these Terms and may lead to the event organiser’s account being terminated and The Dots will be entitled to seek compensation for any direct costs incurred as a result of incorrect event information listed by the event organiser on the Events Platform.
If the event organiser’s event is published to the Event Platform, The Dots will automatically tag your event with relevant keywords to make it discoverable across the Event Platform.
You must download the most up to date guest list from the Event Platform before the start of your event to ensure that all customers on the list are given entry to the event.
Your staff must be aware of the entry rights of customers who have purchased tickets from the Platform for your event.
You must not refuse entry to any customer who holds a ticket purchased from the Event Platform for your event unless they are in breach of your specific terms of entry which the customer had previously been made aware of.
The Dots may terminate the event organiser’s account should the event organiser sue the Event Platform to unlawfully transmit any content from the Events Platform that is owned by The Dots or any third party without express content, valid defence or a fair dealing exemption to do so. In particular, if you submit Content to the Event Platform you must ensure that the content does not infringe the copyright or other rights of third parties (including, but not limited, to trade marks, confidential information, privacy or publicity rights). The Dots may from time to time use imagery from the event organiser’s website or social media account to promote the event organiser’s event and by accepting the terms the event organiser allows The Dots to use this imagery.
Your own terms and conditions for customers
Tickets are sold to customers subject to the The Dots Terms and Conditions however the event organiser may include their own terms and conditions (if applicable),including age restrictions, refund and exchange policy. If the event organiser does have their own terms and conditions for customers, the customer must be informed of them before the point of purchase.
Pricing errors
If the amount paid by the customer for a ticket sold through The Dots' Events Platform is grossly incorrect, regardless of whether because of an error in a price posted on the Events Platform or otherwise communicated to the customer and irrespective of how the error occurred, The Dots will have the right to cancel the order for the ticket and refund the customer the amount that they paid and claim any loss suffered from The Dots from the event organiser.
11. FEES AND PAYMENT – THE SERVICES (EXCEPT FOR EVENTS PLATFORM, SEE TEXT BOX)
This clause 11 only applies if you use part of the Service that you agree to pay Us for.
We will invoice you upon your use of the relevant part of the Service.
You must pay the amount invoiced within 30 days of the date of the invoice using one of the payment methods specified on the invoice.
If you fail to make payment by the due date, We may:
We currently provide our Site and App for free, but please be aware that if accessing them from a mobile device your carrier's normal rates and fees, for text messages and data charges for example, will still apply.
FEES AND PAYMENT-EVENTS PLATFORM
Sales of tickets on the platform shall be processed by The Dots and will be transferred to the event organiser within five working days of the conclusion of the event.
Collection of payment
The Dots accepts MasterCard, Visa, American Express and Maestro cards.
Transfer of funds
Once the event or event run has concluded, the online sales for that event will be totalled and transferred electronically to the event organiser’s nominated bank account within five working days of the final performance.
All money shall be paid into the bank account specified in the event organiser’s payment details. It is not the responsibility of The Dots to verify bank details but it is the event organiser’s responsibility to ensure that accurate bank details are provided. If incorrect bank details are provided, monies owed will accrue until accurate bank account details are provided by the event organiser. The Dots will not accept any responsibility if incorrect bank details have been provided or monies owed are paid into the wrong bank account. The Dots transfers money to UK bank accounts free of charge.
Should The Dots fail to pay the event organiser within 30 days from the end of the month in which the event or the event run has concluded and the correct bank details were provided to the Platform, The Dots shall pay interest on the overdue amount at the rate of 3% per annum above Barclays Bank PLC’s base rate from time to time.
Chargebacks
A chargeback occurs when a customer dispute a charge on their credit/debit card with our payment processing provider. When a chargeback occurs the payment processing provider will investigate as to whether the charge is to stand or be refunded to the customer.
The Dots will provide all requested information and documentation to the payment processing provider during the investigation. However if the dispute is upheld and the charge is refunded to the customer, The Dots will be entitled to reimbursement from the event organiser for the chargeback amount. Failure by the event organiser to pay the chargeback may result in the event organiser’s account being suspended.
VAT Liability
The event organiser remains solely responsible for the accounting and payment of VAT collected through the sale of tickets to HM Revenue and Customs. The event organiser is solely responsible for providing correct VAT invoices or statements to its ticketing customers.
Payment processing provider
All payments made via the Events Platform are processed through a third party payment processing provider. The customer is required to register before they can proceed to payment. Additional booking fees in accordance with their terms and conditions may be payable - please see their website for further details. The Dots do not charge a fee for this service.
Exchanges and refunds
Because all transactions are between the event organiser and the customers, if an exchange or refund is requested by a customer, the customer is advised to contact the event organiser directly to process their request as per the event organiser’s own exchange and refund policy.
Dispatch of tickets
Tickets will be made available to the customer as a downloadable link to be printed by the customer or as a download to the Events Platform only.
12. CANCELLATION POLICY (EXCEPT FOR EVENTS PLATFORM, SEE TEXT BOX)
We do not generally offer a refund on charges paid by you for the Services, nor do we offer credits where cancellation occurs before the end of a current subscription period. So, other than as set out below, all one off payments and/or paid subscriptions (including Recruiter Pro Plan, Jobs or Job Packs or Enterprise subscriptions, or workspace and course postings) are non-refundable after payment has been received from you.
We may provide a refund in the case of manifest error or mistake.
Further, nothing in this policy will affect your right to a refund where you are entitled to one at law. This will depend on which jurisdiction you are in. If you are a citizen of the European Union, you are entitled to a full refund for services purchased from us for 14 days after our contract is made provided that you have not used or started to use the services you have bought. If you have used only part of a pack at the time of cancellation, we will make a proportionate refund to you. The contract is made when payment is accepted and your subscription starts.
For all cancellation and refund issues, please contacthelp@the-dots.com. If you wish to cancel or change the type of Recruiter Pro or Enterprise subscription account you have with us, you may do so at any time by emailinghelp@the-dots.com. Please note: When cancelling your Recruiter Pro account your ability to access to any Recruiter Pro features will end as at the end of your current subscription period.
CANCELLATION POLICY - EVENTS PLATFORM
Cancelling an event
The event organiser will need to inform their customers of an event cancellation using reasonable endeavours to contact customers by email (using the details provided at the time of booking) advising them of the cancellation and initiating the refund process. The event organiser will indemnify The Dots for any losses of any kind suffered by The Dots that relate to the cancelled events.
Event postponed or change of venue
The event organiser will need to inform their customers when an event has been postponed or of a venue change using reasonable endeavours to contact customers by email (using the details provided at the time of booking) advising them of the postponement or venue change and to contact you for details of your exchange and refund policy.
13. MODIFICATIONS TO THE SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any related services (or any parts thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any related services.
Please note that any of the content on the Services may be out of date at any given time, and we are under obligation to update it. We do not guarantee that the Services, or any Content on them, will be free from errors or omissions.
14. INTELLECTUAL PROPERTY RIGHTS
The trade mark THE DOTS and the “button” device are owned by The Dots Global Limited and are registered throughout the EU and in certain other territories around the world.
You acknowledge and agree that all information including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including Content contained in sponsor advertisements or information presented to you via the Services or by advertisers may be protected by intellectual property rights including but not limited to copyrights, designs, trademarks, service marks, patents or other proprietary rights and laws ('Intellectual Property Rights').
The Dots is the licensee or sole owner of the Intellectual Property Rights in the Services including the Content on the Services. You retain all rights, titles, and interests you have in and to the Content provided by you, subject to the rights granted to Us under clause 9 of these Terms. You agree to pay for all royalties, fees or other monies owed by reason of Content you post on or through the Services.
All individual articles, content and other elements that appear on the Services are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
Unless expressly permitted by The Dots or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any Content or any part of this Service.
Neither you nor any third party shall make use of the contents of the Services in any manner that constitutes an infringement of our Intellectual Property Rights that has not been expressly authorized by us.
15. INTELLECTUAL PROPERTY VIOLATIONS
We take Intellectual Property Rights issues seriously and provide the means to help you protect your intellectual property rights. In the event you have a complaint that your rights have been infringed, please call us or send full details of your complaint to help@the-dots.com.
If you repeatedly infringe other people's Intellectual Property Rights, we may disable your account.
16. INDEMNITY
You agree to defend, indemnify and hold Us, our affiliates, officers, directors, employees, representatives, successors, assignees and Channel Providers, harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users of the Services authorized by you, any event or venue, any breach of copyright, other intellectual property legislation, privacy or any other applicable law, any advertisement, marketing or promotion (other than any material produced by The Dots), including without limitation the production and placement of fly-posters or any violation of these Terms by you (including, but not limited to, any claim that your Content infringes the rights of any third party).
17. PRESERVATION AND DISCLOSURE OF YOUR CONTENT
You acknowledge and agree that We may preserve your Content and may also disclose your Content (in whole or in part) and certain personal details if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms; (c) to respond to claims that any of your Content violates the rights of third-parties; or (d) to protect Our and/or our users of the Services or the public’s rights, property, or personal safety of Us and our Site users or the public.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store your Content or other information submitted by you or other users of the Services to Us.
Any or all Content on the Services may be purged periodically at Our sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Us or submitted to Us. You further acknowledge and agree that the views expressed on the Services do not necessarily reflect our views, and We do not support or endorse Content posted or submitted by you or any other user of the Services.
In operating the Services, We do not solicit nor do We wish to receive any confidential, secret or proprietary information or other material from you. Any such information or material submitted or sent to Us, will be deemed not to be confidential or secret. By submitting or sending information or other material to Us you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set out in these Terms.
18. LINKED SITES
You may be able to link to third parties' sites ('Linked Sites') from the Services. Linked Sites are not, however, reviewed, controlled, or examined by Us in any way and We are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall We be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. We reserve the exclusive right, at Our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Services and/or to introduce different features or links to different users of the Services.
SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO MATERIAL DEPICTING VIOLENCE, SEXUALLY EXPLICIT MATERIAL AS WELL AS OTHER MATERIAL THAT MAY BE UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by Us for any type of link to the Services. To seek our permission, you may write to Us athelp@the-dots.com. We reserve the right, however, to deny permission to link to the Services or rescind any permission previously granted by Us to link through any type of link, and to require termination of any such link to the Services, at our discretion at any time.
19. YOUR PASSWORD AND ACCOUNT
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party.
You must immediately notify The Dots of any unauthorised use of your password or account or any breach of security. The Dots will not be liable for any loss, damage or other liability arising from your failure to comply with your security obligations or from any unauthorised access to or use of your account. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@the-dots.com.
20. DEALINGS WITH ADVERTISERS & SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
21. PARENTAL PERMISSION
The Services are not intended for use by children under thirteen (13) years of age, and We do not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. The Dots may, at its discretion, require users of the Services under 18 to obtain the consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
22. DATA PROCESSING
EVENTS PLATFORM
Subject to all applicable Data Protection Laws and the terms of the The Dots Privacy Policy, all customer personal data generated in connection to the event organiser’s event shall be owned by the event organiser subject to any relevant consents being granted by the customer under the Data Protection Laws.
If the event organiser downloads any personal data from The Dots regarding their event, its attendees or any other member or employee of The Dots, the event organiser will become the sole Data Controller (as defined under the Data Protection Laws) of that data, that the event organiser shall follow all relevant laws and regulations in regards to that personal data, and that the event organiser will become registered with the information Commissioner’s Office as a data controller.
When a customer buys a ticket to an event a link to their member profile will automatically be added to the publicly available attendee list for the event. By buying a ticket to an event on the Events Platform, the customer agrees to have their personal data used in this way.
THIRD PARTY CHANNELS
Where you are using a Third Party Channel that integrates with our Service we will be a joint controller with the organisation whose application you are using, you can find out more about this here. Please note we will not be liable for any losses you incur as a result of accessing our professional network via a third party application.
USE OF EMAIL TOOLS - EVENTS PLATFORM ONLY
The Dots makes available features and tools that allows the event organiser to contact its customers via email (the 'Email Tools'). If the event organiser uses the Email Tools, he/she represents and agrees that;
23. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE”.
TO THE EXTENT PERMITTED BY LAW, WE (THE DOTS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS) EXCLUDE ALL CONDITIONS WARRANTIES, REPRESEATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SERVICES AND OR ANY CONTENT ON THEM INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
SUBJECT TO THE CLAUSE BELOW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR LOSS CAUSED BY US OR THE SERVICES, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE CONTENT ON THE SERVICES. YOU (RATHER THAN US OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
24. LIMITATION OF LIABILITY
SUBJECT TO THE CLAUSE BELOW, IN NO EVENT WILL THE DOTS, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF THE DOTS OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE THE DOTS FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS THE DOTS, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM LOSS AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.
DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY SERVICES BY US TO YOU, WHICH WOULD BE SET OUT IN OUR CONTRACTS TO SUPPLY SPECIFIC SERVICES.
IN RELATION TO THE EVENTS PLATFORM, THE DOTS’ TOTAL LIABILITY TO BOTH THE EVENT ORGANISER OR THE CUSTOMER UNDER OR IN CONNECTION WITH THESE TERMS WILL BE LIMITED, IN RESPECT OF ALL CLAIMS (CONNECTED OR UNCONNECTED) IN ANY CONSECUTIVE 12 MONTH PERIOD, TO AN AMOUNT EQUAL TO THE TOTAL SUM OF TICKET SALES MADE BY THE EVENTS ORGANISER VIA THE EVENTS PLATFORM IN THAT PERIOD.
25. APPLICABLE LAWS / JURISDICTION
You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data.
If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
26. MISCELLANEOUS
Any inquiries concerning these Terms should be directed to us at help@the-dots.com. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. The Dots may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at help@the-dots.com.