Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (Statement) is our terms of service that governs our relationship with users (Members) and others who interact with Dorothy.com®, as well as Dorothy.com® brands, products and services, which we call the Dorothy.com® Services (Services). By using or accessing these Services, each member agrees to this Statement, as updated from time to time in accordance with Section 7 below. Additionally, members will find resources at the end of this document that help members understand how Dorothy.com® operates.

Because Dorothy.com® provides a wide range of Services, we may ask members to review and accept supplemental terms that apply to member interaction with a specific application, product, or service. To the extent those supplemental terms conflict with this Statement, the supplemental terms associated with the application, product, or service govern with respect to member use of such application, product or service to the extent of the conflict.

  1. Privacy

    2. Member privacy is very important to us. We designed our Data Policy to make important disclosures about how member can use Dorothy.com® to share with others and how we collect and can use member content and information. We encourage members to read the Data Policy and to use it to help members make informed decisions.

  2. Sharing Member Content and Information

    3. We own all of the content and information members post on Dorothy.com. Additionally:

    • For content that is covered by intellectual property (IP) rights, like photos and videos (IP content), members specifically give us the following permission, members grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that members post on or in connection with Dorothy.com® (IP License).
    • When members delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, members understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    • When members use an application, the application may ask for member permission to access member content and information as well as content and information that others have shared with members.
    • When members publish content or information using the Public setting, it means that members are allowing everyone, including people of Dorothy.com®, to access and use that information, and to associate it with members (i.e., member name and profile picture).
    • We always appreciate member feedback or other suggestions about Dorothy.com®, but members understand that we may use member feedback or suggestions without any obligation to compensate members for them (just as members have no obligation to offer them).
  3. Safety

    4. We do our best to keep Dorothy.com® safe, but we cannot guarantee safety. We need member help to keep Dorothy.com® safe, which includes the following commitments by members:

    • Members will not post unauthorized commercial communications (such as spam) on Dorothy.com.
    • Members will not collect members' content or information, or otherwise access Dorothy.com®, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior ermission.
    • Members will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Dorothy.com.
    • Members will not upload viruses or other malicious code.
    • Members will not solicit login information or access an account belonging to someone else.
    • Members will not bully, intimidate, or harass any member.
    • Members will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or violence.
    • Members will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
    • Members will not use Dorothy.com® to do anything unlawful, misleading, malicious, or discriminatory.
    • Members will not do anything that could disable, overburden, or impair the proper working or appearance of Dorothy.com®, such as a denial of service attack or interference with page rendering or other Dorothy.com® functionality.
    • Members will not facilitate or encourage any violations of this Statement or our policies.
  4. Registration and Account Security

    5. Dorothy.com members provide their real names and information, and we need member help to keep it that way. Here are some commitments members make to us relating to registering and maintaining the security of member accounts;

    • Members will not provide any false personal information on Dorothy.com®, or create an account for anyone other than the member without permission.
    • Members will not create more than one personal account.
    • If we disable a member account, members will not create another one without our permission.
    • Members will not use Dorothy.com® if members are under 13.
    • Members will keep member contact information accurate and up-to-date.
    • Members will not share member password (or in the case of developers, member secret key), let anyone else access member account, or do anything else that might jeopardize the security of member account.
    • Members will not transfer member account to anyone without first getting our written permission.
    • If members select a username or similar identifier for member accounts, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a member's actual name).
  5. Protecting Other People's Rights

    6. We respect other people's rights, and expect members to do the same.

    • Members will not post content or take any action on Dorothy.com® that infringes or violates someone else's rights or otherwise violates the law.
    • We can remove any content or information members post on Dorothy.com® if we believe that it violates this Statement or our policies.
    • If we remove member content for infringing someone else's copyright, and members believe we removed it by mistake, we will provide members with an opportunity to appeal.
    • If members repeatedly infringe other people's intellectual property rights, we will disable member account when appropriate.
    • Members will not use our copyrights or trademarks or any confusingly similar marks with our prior written permission.
    • If members collect information from members, members will: obtain their consent, make it clear members (and not Dorothy.com) are the one collecting their information, and post a privacy policy explaining what information members collect and how members will use it.
    • Members will not post anyone's identification documents or sensitive financial information on Dorothy.com®, except through a secure service (CHIP).
    • Members will not send email invitations to non-members without their consent. Dorothy.com® offers social reporting tools to enable members to provide feedback.
  6. Payments

    7. If members make a payment on Dorothy.com®, members agree to our payment terms unless it is stated that other terms apply.

  7. Amendments
    • If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice in our monthly newsletters.
    • Members continued use of the Dorothy.com® Services, following notice of the changes to our terms, policies or guidelines, constitutes member acceptance of our amended terms, policies or guidelines.
  8. Termination

    9. If members violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Dorothy.com® to members. We will notify members by email or at the next time members attempt to access member account. Members may also delete member account or disable member application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.b, 2.d, 3-5, and 8-11.

  9. Disputes
    • Members will resolve any claim, cause of action or dispute (claim) members have with us arising out of or relating to this Statement or Dorothy.com® exclusively in the U.S. District Court for the Middle District of Florida, Tampa Division or a state court located in Pinellas County, and members agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Florida will govern this Statement, as well as any claim that might arise between members and us, without regard to conflict of law provisions.
    • If anyone brings a claim against us related to member actions, content or information on Dorothy.com®, members will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for member conduct, we do not control or direct members' actions on Dorothy.com® and are not responsible for the content or information members transmit or share on Dorothy.com. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information members may encounter on Dorothy.com. We are not responsible for the conduct, whether online or offline, of any member of Dorothy.com.
    • WE TRY TO KEEP Dorothy.com® UP, BUG-FREE, AND SAFE, BUT MEMBERS USE IT AT MEMBER OWN RISK. WE ARE PROVIDING Dorothy.com® AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Dorothy.com® WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Dorothy.com® WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Dorothy.com® IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND MEMBERS RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM MEMBERS HAVE AGAINST ANY SUCH THIRD PARTIES.  WE WILL NOT BE LIABLE TO MEMBERS FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH THIS STATEMENT OR Dorothy.com®, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Dorothy.com® WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO MEMBERS. IN SUCH CASES, DOROTHY.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  10. Definitions
    • By Dorothy.com® or Dorothy.com® Services we mean the features and services we make available, including through (a) our website at www.Dorothy.com and any other Dorothy.com® branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins and (d) other media, brands, products, services, software, devices, or networks now existing or later developed. Dorothy.com® reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this Statement.
    • By Platform we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Dorothy.com® or provide data to us.
    • By information we mean facts and other information about members, including actions taken by members and non-members who interact with Dorothy.com.
    • By content we mean anything members or other members post, provide or share using Dorothy.com® Services.
    • By data or member data or member's data we mean any data, including a members' content or information that members or third parties can retrieve from Dorothy.com® or provide to Dorothy.com® through our Platform.
    • By post we mean post on Dorothy.com® or otherwise make available by using Dorothy.com.
    • By use we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    • By application we mean any application or website that uses or accesses our Platform, as well as anything else that receives or has received data from us.  If members no longer access our Platform but have not deleted all data from us, the term application will apply until members delete the data
  11. Other
    • This Statement makes up the entire agreement between the parties regarding Dorothy.com®, and supersedes any prior agreements.
    • If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    • If we fail to enforce any of this Statement, it will not be considered a waiver
    • Any amendment to or waiver of this Statement must be made in writing and signed by us.
    • Members will not transfer any of member rights or obligations under this Statement to anyone else without our consent.
    • All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    • Nothing in this Statement shall prevent us from complying with the law.
    • This Statement does not confer any third party beneficiary rights.
    • We reserve all rights not expressly granted to members.
    • Members will comply with all applicable laws when using or accessing Dorothy.com.

    By using or accessing Dorothy.com® Services, members agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time. Members may also want to review the following documents, which provide additional information about member use of Dorothy.com:

    How to Report Claims of Intellectual Property Infringement

    Changes in the Terms of Participation, Data Policy, Security and Vulnerability Policies, Digital Millennium Copyright Act, Statement of Rights and Responsibilities, State Disclosures, Media Assignment and/or Vendor NDA will be communicated in the Company newsletter.

    Date of Last Revision:   June 1, 2016