Terms of Service

Updated: 13th September 2020

1. Introduction

Thank you for choosing to use DoodleMeeple (“DoodleMeeple”,”we”,”us”,”our”,”the Provider”,”The Company”, “DoodleMeeple ltd”). These Terms of Service (“Terms”) together with our Privacy Policy set out the ways in which you may access, use and browse app.doodleMeeple.com (the web app), doodlemeeple.com (the site) and other software applications, services and tools. The Terms apply to all users (“users”, “clients”) of our DoodleMeeple platform (“The Service”,”The App”,”The Product”) and our website (“The Website”) so please read them carefully.

By registering and/or using our Service you agree to the Terms of Service described in this document and enter into an agreement with DoodleMeeple ltd (hereinafter “Agreement”) If you do not wish to agree to the Terms of Service, you cannot use the DoodleMeeple service or access any of our content.

DoodleMeeple ltd operates from 14 Kempshott Road, Horsham, West Sussex, RH12 2EY, United Kingdom and via the Website at doodlemeeple.com, the App at app.doodlemeeple.com as well as other domains and subdomains.

In order to use DoodleMeeple you need to be; at least 18 years of age, have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information you choose to provide DoodleMeeple is true, accurate, and complete, and you agree to keep it that way at all times.

We advise you to read these Terms of Service carefully so that you are aware of your rights and responsibilities when using the Service. Questions about the Terms of Service should be sent to info@doodlemeeple.com.

These Terms of Service apply to all agreements between you and DoodleMeeple in respect of every use made of the Service via your account.

2. Changes to the Terms

2.1 We may occasionally make changes to these terms for valid reasons, such as updating features, repairing the system, modifying existing features, adding new functions, ensuring the operability or the security of the Service, and for legal or regulatory reasons.

2.2 When we make material changes to the terms, we’ll provide you with notice as appropriate under the circumstances, generally by displaying a prominent notice on both the Website and the App, we may also notify you by email.

2.3 Your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account.

3. Definitions

Background IPR: Any Intellectual Property Rights of a Creative or any other third party existing prior to the formation of a Service Contract

Creative: An individual who uses DoodleMeeple to provide a service on a project.

Creator: A customer or client using DoodleMeeple to create a project and solicit Creatives for their services.

Creator Account Content: Any information uploaded by a Creator to their DoodleMeeple account.

Creative Account Content: Any information uploaded by a Creative to their DoodleMeeple account.

Confidential Information: Any information (however recorded or communicated) disclosed between Creators and Creatives over the DoodleMeeple platform that would be regarded as confidential by a reasonable person, including without limitation:

(a) the terms of any Service Contract;

(b) Creator Materials;

(c) Contributions; and

(d) personal data as defied by data protection legislation (including the General Data Protection Regulation).

Contributions: All products, deliverables and materials (including preparatory work, earlier edits, designs, versions and drafts) of the Services performed under a Service Contract by a Creative.

Data compliance: Each party acknowledges that it must comply with data protection legislation (including the General Data Protection Regulation) when handling personal data.

Intellectual Property Rights: Any patents, registered and unregistered trade-marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

Introduction Fee: Means £3,500 or 20% of the Service Fee, whichever is the greater.

Project: A particular publishing-related project or set of tasks for which a Creator requires the Services of a Creative

DoodleMeeple Creator Commission: 10% of the Service Fee payable by the Creator to DoodleMeeple ltd.

DoodleMeeple Commission: The DoodleMeeple Creator Commission and the DoodleMeeple Creative Commission;

DoodleMeeple Creative Commission: 10% of the Service Fee payable by the Creative to DoodleMeeple ltd;

DoodleMeeple Content: All data, software, informational text, images, graphics, audio, video, design of and ‘look and feel’ of DoodleMeeple, material, information, logos and marks and all other content made available by us on DoodleMeeple including all derivatives thereof.

Service Contract: The contract between a Creator and Creative pursuant to which Services are provided by a Creative to a Creator in respect of a Project for a Service Fee.

Service Fee: The fee for Services relating to a Project as agreed between Creators and Creatives in a Service Contract.

Services: Services available on DoodleMeeple, including rules editing, illustration, graphic design and/or any other related services that we may make available on DoodleMeeple from time to time.

Stripe Fees: Means any fees applicable to the payment services of payment platform Stripe Payments Europe Ltd.

User Content: Any and all content uploaded to DoodleMeeple by users including but not limited to any Creator Account Content, Creative Account Content, and Contributions.

4. Service and Availability

4.1 The Provider provides a web based system called DoodleMeeple which permits users to connect with one another with the intention of forming a working relationship on a creative project. Users of the service understand and agree to the following terms relating to the service provided and the availability of the service:

4.1.1 All DoodleMeeple users are required to register for an account in order to use the Service.

4.1.2 The Provider will make reasonable efforts to maintain the security, integrity and stability of The Service at all times.

4.1.3 The Provider does not guarantee that the provision of the Service will be uninterrupted or free of fault and 

4.1.4 The Provider does not accept responsibility for any part of the service provision infrastructure which is outside its reasonable control.

4.2 The Provider is at all times permitted, without liability to:

4.2.1 Make technical alterations to any of the MSK assist products

4.2.2 Temporarily limit the Service of your Account if necessary for preventive or corrective maintenance.

4.3 The Provider retains ownership of all copies of the Product even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).

4.4 We will notify users of planned maintenance and changes to any part of the service by email or notification on the Website and/or the App.

4.5 We will carry out planned maintenance outside of operating hours (09:00-17:00) wherever possible and will attempt to keep disruption of the service to a minimum. In such cases where this is not possible we will attempt to notify all users of the need to upset availability, and the reason why at the nearest available opportunity.

5. Use of the Service

5.1 You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service.

5.2 You must not use the Service:

5.2.1 in any way that is unlawful, illegal, fraudulent, deceptive or harmful;

5.2.2 or in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.

5.3 You must ensure that all Content complies with the provisions of this Agreement.

5.4 You acknowledge that we may actively monitor the use of the Service and build anonymised reports for use within the Company.

5.5 You must not conduct any systematic or automated data scraping, or similar data harvesting techniques in relation to the Service

5.6 The Provider grants you limited, revocable, non-exclusive, non-transferable rights to make personal, non-commercial use of the Content and Service.

5.7 You may not transfer, lease, resell or make available by any other method your MSK assist account or any part of the Service or Content to any third party..

5.8 Use of the Service is entirely at your own risk and responsibility.

5.9 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from the Provider to the User, or from the User to the Provider.

5.10 For the avoidance of doubt, the User has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during use or after termination.

6. Support

6.1 Support shall be available primarily via email and web forms, should an enquiry need an immediate resolution we will offer a phone support service. 

6.2 The provider will respond promptly to all enquiries.

7. Data

7.1 The User hereby grants to the Provider a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the User data to the extent reasonably required for the performance of the Provider’s obligations and the exercise of the Provider’s rights under this Agreement. The User also grants to the Provider the right to sub-license these rights to its hosting, connectivity and telecommunications service providers subject to any express restrictions elsewhere in this Agreement.

7.2 The Provider shall maintain a back-up copy of all User data at least daily, the copy shall be maintained in a state whereby it can be recovered easily in the case of a system malfunction. Back-up data shall be retained for 30 days.

7.3 The Provider may use anonymized and/or aggregated data from its products to create and publicise; reports, graphs, infographics, stats and other textual and graphical representations of information and/or data.

7.4 The Provider and Users will adhere to applicable UK Data Protection laws including Information Governance and GDPR.

7.5 The Provider and User accept responsibility for compliance with all applicable privacy legislation.   

7.6 The Provider shall use every effort to maintain the security, confidentiality and integrity of data received from the Users.

7.7 The Provider shall provide reasonable assistance to the Customer in its obligations as data controller

8. Acknowledgements and warranty limitations

8.1 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, the Provider gives no warranty or representation that the Hosted Services will be wholly free from defects, errors and bugs.

8.2 The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, the Provider gives no warranty or representation that the Hosted Services will be entirely secure.

8.3 The User acknowledges that the Hosted Services are designed to be compatible only with that software and those systems specified as compatible and the Provider does not warrant or represent that the Hosted Services will be compatible with any other software or systems

9. Limitations and exclusions of liability

9.1 Nothing in this Agreement will:

9.1.1 limit or exclude any liability for death or personal injury resulting from negligence;

9.1.2 limit or exclude any liability for fraud or fraudulent misrepresentation;

9.1.3 limit any liabilities in any way that is not permitted under applicable law; or

9.1.4 exclude any liabilities that may not be excluded under applicable law.

9.2 The limitations and exclusions of liability set out in this Clause and elsewhere in this Agreement govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.

9.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.

9.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings.

9.5 Neither party shall be liable to the other party in respect of any loss of revenue or income.

9.6 Neither party shall be liable to the other party in respect of any loss of use or production.

9.7 Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities.

9.8 Neither party shall be liable to the other party in respect of any loss or corruption of any data, database or software.

9.9 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.

9.10 The liability of each party to the other party under this Agreement in respect of any event or series of related events shall not exceed £500.

9.11 Your right to claim damages against the Provider is dependent upon you notifying the Provider immediately of any concerns that arise.

10. Force Majeure Event

10.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement[ (other than any obligation to make a payment)], that obligation will be suspended for the duration of the Force Majeure Event.

10.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must;

10.2.1 promptly notify the other; and

10.2.2 inform the other of the period for which it is estimated that such failure or delay will continue.

10.3 A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.ceases to conduct all (or substantially all) of its business;

11. Termination

11.1 The User may terminate this Agreement at any time by deleting their account.

11.2 The Provider may terminate this Agreement immediately by giving written notice of termination to the other party if the other party commits a material breach of this Agreement.

11.3 Either party may terminate this Agreement immediately by giving written notice of termination to the other party if the other party:

11.3.1 is dissolved;

11.3.2 ceases to conduct all (or substantially all) of its business;

11.3.3 is or becomes unable to pay its debts as they fall due;

11.3.4 is or becomes insolvent or is declared insolvent; or

11.3.5 convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

11.3.6 an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;

11.3.7 an order is made for the winding up of the other party, or the other party passes a resolution for its winding up[ (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under this Agreement)]; orif that other party is an individual:

11.3.8 that other party dies;

11.3.9 as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or

11.3.10 that other party is the subject of a bankruptcy petition or order

12 Effects of termination

12.1 Except to the extent that this Agreement expressly provides otherwise, the termination of this Agreement shall not affect the accrued rights of either party.

13. General

13.1 You understand and agree that the Service is provided “As Is” and “As Available” without express or implied warranty or condition of any kind.

13.2 You are not permitted to create or upload any content that:

13.2.1 is deemed hurtful, offensive, inappropriate or illegal

13.2.2 may cause digital harm, including: viruses, trojans, worms, bots and other software design to cause interference or corruption.

13.2.3 could damage the reputation and/or business interests of the Provider

13.3 The Provider reserves the right to alter or remove any Content that breaches the terms of this Agreement

13.4 No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.

13.5 If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

13.6 This Agreement may not be varied except by a written document signed by or on behalf of each of the parties.

13.7 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.

13.8 This Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.

13.9 This Agreement shall constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

13.10 This Agreement shall be governed by and construed in accordance with English law.

13.11 The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

14. Registration

14.1 To register with DoodleMeeple you must:

14.1.1 if registering as an individual, be 18 (eighteen) years of age or otherwise capable of entering into legally binding contracts;

14.1.2 if registering on behalf of a legal entity, have the requisite authority to enter into these Terms of Use on behalf of the entity and ensuring performance of these Terms of Use; and

14.1.3 ensure that the information you provide is complete, accurate and kept up to date.

14.2 We reserve the right to validate the account information supplied at any time.

15. Service Contracts

15.1 DoodleMeeple ltd provides a platform for creatives, suppliers, manufacturers, and creators to connect, form a binding contract (the “Service Contract”), and collaborate on creative projects. The service is made available via a web based application, website and mobile app.

15.2 DoodleMeeple ltd is not a party to the Service Contract

15.3 In the event of a conflict between terms in the Service Contract and this Agreement, this Agreement will prevail.

15.4 A Service Contract shall expire automatically upon completion of the agreed terms.

15.5 The Service Contract may be terminated upon written agreement by both the Creator and Creative.

15.6 All communication between the Creator and the Creative will be conducted solely on the DoodleMeeple platform.

15.7 The terms of the Service Contract may be ammended with the written consent of both the Creator and the Creative.

15.8 The Creative agrees to perform all services personally and may not sub-contract or transfer any of their obligations to any third party unless otherwise agreed in writing by the Creator.

15.9 Neither the Creative nor the Creator shall produce or publish any material that infringes the Intellectual Property Rights of any thirdy party.

16. Contact

16.1 All enquiries: info@doodlemeeple.com