Terms of Use
Arnold Business Centre, Brookfield Gardens, Arnold, Nottingham, NG5 7ER
www.doulanearme.co
[email protected]
1. Acceptance of Terms
Doula Near Me provides a collection of online resources, including classified ads, forums, catalogues, and various email services available on or through Doula Near Me (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Doula Near Me services, you agree to abide by any applicable posted guidelines for all Doula Near Me services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue the use of the Service.
2. Modifications to this agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. Eligibility for Use
Doula Near Me reserves some parts of the Service exclusively for certain professions. Although Doula Near Me attempts to limit the use of these parts of the Service to such professions nothing herein shall create any right of action against Doula Near Me for failing to adequately screen potential users or prevent the use of Doula Near Me or the Service by users who sit outside the professions we target.
4. Content
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of Doula Near Me to post content, or if you imply consent that Doula Near Me may post content on your behalf, either by written or oral means, or if you fail to inform Doula Near Me that content should be removed, you are equally responsible for the content. You waive any and all claims against Doula Near Me of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on Doula Near Me. When you post User Content to the Service, you authorise us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof.
5. Third Party Content, Sites and Services
Doula Near Me and Content available through the Service may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of Doula Near Me, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organisations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. We do not guarantee:
- the quality, safety or legality of, any Content,
- the truth or accuracy of the descriptions of any goods or services offered for sale,
- the right of the sellers to sell or licence any such goods or services, or
- the ability of any buyer to purchase any such goods or services.
The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. You agree that Doula Near Me shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that Doula Near Me is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release Doula Near Me, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind.
6. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to Doula Near Me by email to: [email protected]
Please include the following with your Notice:
- The identity of the material on Doula Near Me that you claim is infringing, in sufficient detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner;
- Your address, telephone number, and email address;
- Your physical or electronic signature.
7. Privacy and information disclosure
Doula Near Me may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Doula Near Me’s Privacy Policy further governs your personal information.
8. Conduct
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a Doula Near Me employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation or email Doula Near Me users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. That includes links to commercial services or websites, except as expressly permitted;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Doula Near Me;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- post the same item or service in more than one classified category or forum;
- attempt to gain unauthorised access to Doula Near Me’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or Doula Near Me;
- or use any form of automated device or computer program that enables the submission of Content on Doula Near Me without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
9. Posting Agents
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Doula Near Me’s resources, you may not use a Posting Agent to post Content to the Service without express permission or licence from Doula Near Me. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or licence from Doula Near Me.
10. No Spam Policy
You understand and agree that sending unsolicited email advertisements to Doula Near Me email addresses or through Doula Near Me computer systems is expressly prohibited by these TOU. Any unauthorised use of Doula Near Me computer systems is a violation of the TOU and any such violations may subject the sender and his or her agents to civil and criminal penalties.
11. Paid Postings
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless stated in writing for a specific promotional program.
12. Limitations on Service
You acknowledge that Doula Near Me may establish limits concerning the use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Doula Near Me has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Doula Near Me reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that Doula Near Me shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Access to the service
Doula Near Me grants you a limited, revocable, nonexclusive licence to access the Service for your own personal use. This licence does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Doula Near Me. A limited exception to (b) is provided to general-purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Unless you are a subscribing member, Doula Near Me does not permit you to display on your website or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by Doula Near Me to do so. You may create a hyperlink to the home page of Doula Near Me, so long as the link does not portray Doula Near Me, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Doula Near Me may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third-party software news aggregators. Doula Near Me permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Doula Near Me” as the source, (d) your use or display does not suggest that Doula Near Me promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Doula Near Me’s systems. Doula Near Me reserves all rights to the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorised access granted to you by Doula Near Me immediately terminates said permission or licence. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written licence from Doula Near Me that has been signed by two of Doula Near Me’s authorised representatives.
14. Termination of Service
You agree that Doula Near Me, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Doula Near Me believes that you have acted inconsistently with the letter or spirit of the TOU or the Doula Near Me Guidelines. Further, you agree that Doula Near Me shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.
15. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Doula Near Me. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Doula Near Me, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Doula Near Me, as well as certain other names, logos, and materials displayed on Doula Near Me, constitute trademarks, trade names, service marks or logos (“Marks”) of Doula Near Me or other entities. You are not authorised to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Doula Near Me or those other entities.
Although Doula Near Me does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, to Doula Near Me an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, and distribute. Furthermore, by posting Content to any public area of the Service, you automatically grant Doula Near Me all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
16. DISCLAIMER OF WARRANTIES
You agree that the use of Doula Near Me and the Service is entirely at your own risk. Doula Near Me and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties are disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Doula Near Me disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of Doula Near Me and the Service. To the fullest extent permitted by law, Doula Near Me disclaims any warranties for other services or goods:
- received through or advertised on Doula Near Me or the Service,
- accessed through any links on Doula Near Me or the Service,
Doula Near Me disclaims any warranties for viruses or other harmful components in connection with Doula Near Me or the Service.
17. LIMITATIONS OF LIABILITY
Under no circumstances shall Doula Near Me be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Doula Near Me has been advised of the possibility of such damages), resulting from any aspect of your use of Doula Near Me or the Service, whether the damages arise from:
- use or misuse of Doula Near Me or the Service,
- inability to use Doula Near Me or the Service,
- interruption, suspension, modification, alteration, or termination of Doula Near Me or the Service.
Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with Doula Near Me or the Service or any links on or shared by Doula Near Me or the Service.
18. INDEMNITY
You agree to indemnify and hold Doula Near Me, its officers, subsidiaries, affiliates, successors, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post or make available through the Service. Your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another are wholly your responsibility alone.
19. GENERAL INFORMATION
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and Doula Near Me and governs your use of the Service, superseding any prior agreement between you and Doula Near Me. The failure of Doula Near Me to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by sending an email to [email protected]
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Doula Near Me to pursue legal action to enforce the TOU, you will be liable to pay Doula Near Me the following amounts as liquidated damages, which you accept as reasonable estimates of Doula Near Me’s damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Doula Near Me five thousand pounds (£5,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If Doula Near Me establishes limits on the frequency with which you may access the Service or terminates your access to or use of the Service, you agree to pay Doula Near Me two hundred pounds (£200) for each message posted in excess of such limits or for each day on which you access Doula Near Me in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to Doula Near Me email addresses or through Doula Near Me computer systems, you agree to pay Doula Near Me fifty pounds (£50) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay Doula Near Me one hundred pounds (£100) for each item of Content posted. In its sole discretion, Doula Near Me may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Doula Near Me one hundred pounds (£100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Doula Near Me an additional one hundred pounds (£100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Doula Near Me’s express written permission, you agree to pay Doula Near Me five thousand pounds (£5,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, Doula Near Me retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
21. Feedback
We welcome your questions and comments. Please send them to [email protected]
22. TERMS OF USE FOR ALL SERVICES
Doula Near Me offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.
As a condition to your use of the Programs and as material inducement on the part of Doula Near Me and its Affiliates to offer the Programs, you expressly acknowledge and agree that:
The use of the Programs is at your sole risk. Doula Near Me and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:
For Directory users (Consumers):
- a) the Programs
- b) the Professional
- c) the Services to be performed by any Professional.
- a) your use of the Programs
- b) the engagement by you of any Professional
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.
In no event will Doula Near Me’s liability to you for any reason whatsoever exceed in the aggregate the sum of £25.00.
Doula Near Me and its Affiliates do not provide, nor will they provide, any service to or for you, nor is Doula Near Me and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.
For Professionals:
- a) the Programs
- b) the Consumers
- c) the agreement between you and the Consumer.
Doula Near Me, its Officers, Directors, Members and Employees, as well as Doula Near Me Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating to any of the following:
- a) your use of the Programs
- b) the engagement of you by any Consumer
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of your or the Consumer’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.
In no event will Doula Near Me’s liability to you for any reason whatsoever exceed in the aggregate the sum of £25.
Doula Near Me and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
All rights reserved.