Terms of Use

Registration with doomby and the use of its tools and services is subject to unconditional acceptance of the following Terms of Use.

Preamble

The following terms of use (hereafter referred to as the "Terms of Use") set out the terms and conditions under which E-monsite (refer to legal notes) provides its personal web page creation and hosting services.

E-monsite is not responsible for the content of the websites created using the tools provided on the doomby.com website.

Legal notes

doomby.com is published by:

SARL E-monsite
19 rue Lamartine
80000 Amiens, FRANCE

Acceptance of the Terms of Use

By visiting the website www.doomby.com, you agree to abide by the doomby.com Terms of Use as set out herein. As these terms may be modified at any time, you are strongly advised to regularly check the Terms of Use (a copy of which is available at all times on the doomby site) for any changes. All visitors to www.doomby.com are defined as its "Users" for the purposes of these Terms of Use, and as such are subject to them.

Our services are offered only to those persons legally able to personally engage in a contractual relationship under French law. Our services are not to be used by persons under the age of 18, without the consent and supervision of their parents or legal guardians.

Website creation and content

doomby provides its Users with storage capacity for them to stock online content such as text and images. Any such stored content must not:

Breach French law. Content which violates French law includes (but is not limited to) information relating to hacking, software piracy, warez and illegal downloading, materials susceptible to incite racism, sexism, homophobia or criminal activity, child pornography and Nazi-related content etc.

Be false, imprecise, fabricated or fraudulent.

Breach copyright (whether of a work's authors or any other copyright holders, and including but not limited to trademarks, design or manufacturing secrets, intellectual property) or individuals' rights to privacy

Be defamatory, slanderous, libelous or discriminatory, or incite violence or racial, religious or ethnic hatred.

Include any form of obscene, pornographic or pedophilic content (including but not limited to images and text).

Contain computer code, of any kind, designed to damage or surreptitiously intercept any automated system or information of any nature.

Offer the possibility for web visitors to win or earn money with any form of "get rich quick" schemes (including, but not limited to, pyramid schemes, sponsoring, e-book kits etc.).

Be created with the sole purpose of advertising external websites (including but not limited to the promotion of third-party websites via "linkspamming" techniques designed to artificially manipulate the search engine ranking of third-party website)

Artificially increase website traffic (autosurf etc.).

Responsibilities

Each User (as identified by their sign-on credentials and who, by creating their account, have explicitly agreed to adhere to these Terms of Use) is legally responsible for all content stored on their account or displayed on their site. For the purposes of these Terms of Use, the term "Content" refers to all texts, images and any other media present on the pages of the User's website or stored by the User in their doomby storage space, excepting those elements comprising the visual templates doomby provides for its Users. Users are responsible for all comments which visitors may leave on their website, and agree to verify their websites regularly to ensure the removal of any Content or commentary susceptible to breach the present Terms of Use.

In the event of a breach of the Terms of Use by a User, doomby reserves the right to delete the User's account, including all the User's content stored on its servers, immediately and without informing the User.

In the event that a User's website is subject to an unusually large surge in web traffic (including but not limited to Denial of Service and Traffic floods), doomby reserves the right to undertake the appropriate remedial action it deems necessary (including but not limited to temporarily or permanently suspending access to websites created, in whole or in part, by the User), without prior notification to the User. Users will be informed of the action taken and its cause as soon as possible following the action. Currently active service subscriptions for such websites will be refunded on a pro-rata basis equivalent to the remaining duration of the active service subscription(s) (in the event that the website is not reactivated) or prolonged for a period equivalent to the period of inaccessibility of the website (in the event that the website is later reactivated).

doombyPLUS

The term "doombyPLUS" refers to the paid subscription version of doomby.com. doombyPLUS is an additional service to the basic, free version of doomby and enables Users to remove all advertising from their doomby website. Subscribing to this service is optional for all User accounts.

User obligations

Users agree to provide factual information during the creation of their doomby account. If any such information is changed at any time during the course of their use of doomby's services, Users will inform E-monsite immediately.

Users agree that the content of their websites and any content (including but not limited to commentary or other written content) posted to the User forum or anywhere throughout the website http://www.doomby.com is not in breach of any relevant laws. Users are reminded that they are entirely responsible for all content appearing on their website and that E-monsite bears no legal responsibility for a User's content.

Users agree to ensure that no content appearing on their website, or stored in their User storage space, is in breach of relevant copyright legislation.

Users authorize E-monsite to promote their website in any way and by any means it chooses (including but not limited to the reuse of all or part of a website, or elements of it, and links from and to it). E-monsite is not legally responsible for any prejudice resulting from its promotion of Users' websites.

Users guarantee that all information stored on their website or in their user storage space is either free of copyright restrictions, or that they in possession of the necessary copyright authorizations.

Users agree not to use the tools doomby provides for any purpose (including, but not limited to, data storage) other than the creation and publication of personal or commercial websites.

Users agree not to include any links to, or addresses of, any external website that is in breach of the relevant legislation, copyright, or these Terms of Use.

E-monsite's responsibilities

E-monsite cannot be held responsible for the content of its Users' websites. Users agree and acknowledge that they are solely responsible for all information and content (including, but not limited to, files, text, images, software and program code) contained on their website or in their User storage space.

Users agree to take full responsibility, and to indemnify E-monsite from any responsibility, for any loss, damage, claim, dispute or expense (including, but not limited to, legal fees) claimed by any third party or other doomby User as a result of the content, or use, of their User website.

E-monsite undertakes to act reasonably and within its means to provide the services outlined in these Terms of Use. It cannot, however, be held responsible for any loss, prejudice or damage (whether direct or indirect) incurred by a User as a direct or indirect result of the management, use, exploitation, interruption or malfunction of its services.

E-monsite cannot be held responsible for the content of, or access to, any external site. E-monsite does not verify, nor can it held accountable for, the content of, ideas or opinions expressed on, or goods or services sold by any external website.

Users are wholly responsible for any and all references, addresses or links to any external website they may include on their User website and indemnify E-monsite from any dispute or claim that may arise as a result of the inclusion of any such reference.

E-monsite provides no guarantee as to the integrity or safeguard against loss of any data Users may store in connection with its services (including, but not limited to, the content of a User's website).

Users are entirely responsible for the content they transfer and for any safeguards against data loss they see fit to enact.

E-monsite reserves the right to incorporate banner or pop-up advertising in Users' websites for any third party. E-monsite undertakes to ensure that any such advertising respects the Terms of Services, and that no advertising appearing on Users' sites is for pornographic or adult services.

Users cannot, under any circumstances, request payment or compensation on the part of E-monsite or advertising sponsors. E-monsite reserves the right to delete, modify or move any banner or other form of advertizing appearing on Users pages without informing, or obtaining the consent of, Users.

E-monsite cannot be held responsible for any service interruption.

E-monsite cannot guarantee any minimum level of visitation of User's sites.

E-monsite cannot guarantee any minimum level of income or profit by Users.

In particular, E-monsite cannot be held responsible for:

  • any malfunction, interruption or reduction in quality of the services it provides its Users,
  • any contractual offer or obligation appearing on, or resulting from the use of, a User's website, or any dispute or outcome of any nature arising as a result of any such relationship,
  • any latent or hidden defect, compliance, legality or danger arising from or associated with any goods or services mentioned or sold on a User's website, or
  • misrepresentations, exaggerations, fraud or violence committed by its Users.