Welcome to The Dots, a free web 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 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 at [email protected].
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.co.uk our “Site”, 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, 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 OUR SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. USE OF OUR SITE INCLUDES ACCESSING, BROWSING OR REGISTERING TO USE OUR SITE.
2. INFORMATION ABOUT US
Our Site is operated by The Dots Global Limited ('We,' 'Us,' 'The Company' or 'The Dots'). We are registered in England and Wales under company number 8593982 and have our registered office c/o HaysMcintyre, 26 Red Lion Square, London, WC1R 4AG. Our main trading address is 31 New Inn Yard, London, EC2A 3EY. Our VAT number is 179 4068 71. We are a limited company.
3. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be thirteen or older to use the Site. Use of the Site is void where prohibited. By using this Site, 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 Site:
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. All such changes to these Terms will appear on the Site. Please check this page from time to time to take notices of any changes We make, as they are binding on you.
By using this Site 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 this Site.
6. DESCRIPTION OF SERVICE
The Dots provides users of this Site with a variety of online services, including but not limited to:
THE DOTS - GENERATED CONTENT. Examples of how creative professionals manage their ideas and increase productivity.
USER-GENERATED CONTENT. Uploaded or entered multimedia content developed and owned by creative professionals across industries.
JOB LIST. A directory of jobs in the creative professional community.
PRIVATE EVENTS. A private event is a private gathering or get-together hosted and attended by either The Dots or a group of The Dots users.
PUBLIC EVENTS. A public event is a gathering or get-together that is open to all members of the The Dots community.
OTHER FEATURES. You may also conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free The Dots account.
(collectively the 'Services')
7. USER – GENERATED CONTENT
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials which is transmitted, posted, or distributed by you via our Site, 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 ('Content').
We do not own or control the Content posted by users of this Site via the Site and do not guarantee the accuracy, integrity or quality of such Content.
You may be exposed to Content posted by other users of this Site 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 this Site or third party, including, but not limited to, liability for 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 Site.
We do not store your up-loaded original files, for example, Image, Video and Audio assets. All media is converted and optimized for your profile and then deleted.
8. JOB ADVERTISEMENTS
Where you post, or ask Us to post on your behalf, Content which advertises job opportunities on our Site, you warrant and represent as follows:
We exhibit job advertisements on Our Site 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 inform us immediately 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 Site.
9. GRANT OF LIMITED LICENSE
You warrant and represent that you own all right, title and interest to your Content and to any likenesses contained in your Content.
You grant Us a limited license for the royalty-free, unrestricted, world-wide, non-exclusive right and license 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 license enables Us to feature or use your Content 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 Site for any reason or no reason at all.
10. CONDUCT AND CONTENT
The Site and any services provided to you under it are provided to you solely for information, entertainment and organisational purposes.
These content standards apply to any and all Content which you contribute to Our Site, and to any interactive services associated with it. 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 this Site. However, We and Our agents 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 will remain responsible for the accuracy, copyright compliance, legality, decency, 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 Site or any other breach of security that you know or suspect.
11. FEES AND PAYMENT
This clause 11 only applies if you use part of the Service that you agree to pay Us for (including, without limitation, placing a job advertisement on the Job List).
We will invoice you upon your use of the relevant part of the Service.
You must pay the amount invoiced within 14 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:
12. CANCELLATION POLICY
We do not generally offer a refund on charges paid by you for our service, 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 Freelance Pro subscriptions, or The Dots Job, workspace and course postings) are non-refundable after payment has been received for 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. The contract is made when payment is accepted and your subscription starts.
For all cancellation and refund issues, please contact [email protected]
If you wish to cancel or change the type of Freelance Pro account you have with us, you may do so at any time by emailing [email protected]. Please note: When cancelling your Freelance Pro account your ability to access to any Freelance Pro features will end as at the end of your current subscription period.
13. MODIFICATIONS TO THE SITE AND/OR SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the any services under it (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 Site or any services under it.
Please note that any of the content on the Site may be out of date at any given time, and we are under obligation to update it. We do not guarantee that the Site, or any Content on it, will be free from errors or omissions.
14. INTELLECTUAL PROPERTY RIGHTS
The trade marks THE DOTS is owned by The Dots Global Limited.
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 Site 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 Site including the Content on the Site. Users of the Site retain all rights, titles, and interests in and to the Content provided by that user, subject to the rights granted to Us under clause 9 of these Terms, and is free to grant similar rights to others during and after the Term of this Agreement.
All individual articles, content and other elements that appear on the Site 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 Site in any manner that constitutes an infringement of our Intellectual Property Rights that has not been expressly authorized by us.
You agree to defend, indemnify and hold Us, our affiliates, officers, directors, employees, representatives, successors and assigns, 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 Site, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users of this Site authorized by you 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).
16. 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) 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 this Site 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 Site, 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 this Site to The Dots.
Any or all Content on the Site 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 Site do not necessarily reflect our views, and We do not support or endorse Content posted or submitted by you or any other user of this Site.
In operating this Site, We do not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any 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.
17. LINKED SITES
You may be able to link to third parties' Sites ('Linked Sites') from the Site. 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 its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different users of this Site.
SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL 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 Site. To seek our permission, you may write to Us at [email protected]. We reserve the right, however, to deny permission to link to the Site 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 Site, at our discretion at any time.
18. YOUR PASSWORD AND ACCOUNT
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
19. DEALINGS WITH ADVERTISERS & SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, 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 Site.
20. PARENTAL PERMISSION
This Site is 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 this Site 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.
21. FREE CREDIT
The Dots made a complementary credit offer to users of this Site who either registered with The Dots and / or who successfully referred other users of this Site to register with The Dots (‘Free Credit’).
The Company reserves the right to convert any Free Credit into products or services as defined by The Company.
Where users of this Site have purchased credit for the Service (‘Paid Credit’), any unused Free Credit will be applied before allocation of Paid Credit against payment for Services, where such payment falls due.
22. DISCLAIMER OF WARRANTIES
THE SITE AND 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 SITE, SERVICES AND OR ANY CONTENT ON ITINCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR 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 SITE, 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.
THE DOTS DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE SITE 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 SITE OR THE CONTENT ON THE SITE. YOU (RATHER THAN US OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
23. 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 SITE, 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 SITE. 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.
DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY SERVICES BY US TO YOU, WHICH WILL BE SET OUT IN OUR CONTRACTS TO SUPPLY SPECIFIC SERVICES.
24. 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.
Any inquiries concerning these Terms should be directed to us at [email protected]. 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 [email protected].