Terms & Conditions of Service
- DrawForMe may attempt to notify you of significant changes to the Terms of Service, you should review this document on occasion to make sure you are aware of the most current terms (http://www.drawforme.com/terms.php). DrawForMe may, at it’s sole discretion, change, modify or revise the Terms of Service and Privacy policies and you agree to be bound by such changes, modifications and revisions as a condition of continued use. No items contained in these Terms of Service shall be deemed to confer any third party rights or benefits.
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes images, text, graphics, photos, videos, sound or other multi-media features and materials you may view, access through or contribute to the Service. The Service includes all aspects of DrawForMe, including but not limited to all products, code, software and service offered through the DrawForMe website.
- The Service may contain third party links to websites that are not owned or controlled by DrawForMe. DrawForMe assumes no responsibility for the content, privacy, terms or practices of any third party site. DrawForMe cannot and will not seek to control, censor or edit any content on a third-party site. By using the Service, you hereby relieve DrawForMe from any and all liability that comes from your access to or use of any third-party website.
III. DRAWFORME ACCOUNTS
- In order to access certain features of the Service, you will be required to register a DrawForMe account. You are never permitted to use another user’s account without his/her expressed consent. When you create an account, you agree to provide complete and accurate information. You are solely responsible for any activity that occurs on your account, and you must keep your password and login information secure. You agree to notify DrawForMe immediately upon discovering any unauthorized use of your account.
- DrawForMe will not be liable for any losses incurred by you as a result of unauthorized access to your account. However, you may be liable for losses incurred by DrawForMe or other users due to unauthorized use.
IV. PERMISSIONS & RESTRICTIONS
DrawForMe grants you permission to use the Service provided your acceptance to the entirety of the Terms of Service, including:
- You agree not to distribute any part of the Service or Content without DrawForMe’s prior written consent, except where DrawForMe makes available the means for such distribution through the Service and/or where such distribution directly refers back to the original Content or Service on DrawForMe.com.
- You agree not to alter or modify any part of the Service.
- You agree not to use the Service for any of the following commercial uses without the prior written consent of DrawForMe:
- The sale of access to the Service
- Sale or placement of advertising, sponsorships or promotions within the Service or Content; or
- The sale or placement of advertising, sponsorships or promotions within an ad-enabled website or blog containing DrawForMe Content, unless original content, not obtained from DrawForMe is also present and serves as a sufficient basis for offering such sales material.
- Commercial restrictions do not include:
- Uploading original drawings that appropriately correspond to user requests or maintaining a DrawForMe Artist Account which promote your artistic enterprise or business
- Sharing DrawForMe content as subject to the Terms of Service (C.3) on an ad-enabled website or blog; or
- Any use expressly granted by DrawForMe in writing
- You agree not to use or launch any automated system that accesses the Service in a manner in which more requests, Content and/or responses (feedback) are provided in a period of time no person could reasonably produce manually in that same period using a conventional online web browser.
- You may not collect or harvest personal information, including usernames and contact information of site users from the Service, nor use communication systems provided by the Service (e.g. requests, contact messages, etc.) for any commercial or solicitation purposes.
- In using the Service, you will comply with any and all applicable laws.
- DrawForMe reserves the right to discontinue any aspect of the Service and/or the Service in its entirety at any time.
V. USE OF CONTENT
In addition to the restrictions outlined above, the following restrictions apply to your use of Content:
- The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service are owned by or licensed to DrawForMe, subject to copyright and other intellectual property rights under the law.
- Content is provided as is. You may access Content for your information and personal use solely as intended through the functionality of the Service as provided and permitted under these Terms of Service. You shall not download, except for your own personal and private use, any Content from the Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any Content for any other purpose without the prior written consent of DrawForMe or the respective licensors of the specific Content.
- DrawForMe and its licensors reserve all rights not expressly granted in and to the Service and Content.
- You agree not to circumvent, disable or otherwise interfere with any security-related features of the Service or features that are designed to prevent or restrict use or copying of Content or to enforce the limitations set forth on use of the Service and Content described herein.
- You understand that as part of using the Service, you will be exposed to Content from a multitude of sources, and that DrawForMe is not responsible for the accuracy, helpfulness, protection or intellectual property rights of or relating to such Content. Furthermore, you understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent and/or objectionable and you agree to waive, and hereby do wave, any legal rights or remedies you may have against DrawForMe with respect to any Content, and, to the extent permitted by applicable law, agree to indemnify and hold harmless DrawForMe, its owners, operators, partners, affiliates, licensors and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
VI. CONTENT AND CONDUCT
- As a user you may submit Content to the Service, including text, images and graphics. You understand that DrawForMe does not in any way guarantee confidentiality with regards to the content you submit to the site.
- You are solely responsible for the Content you submit and the consequences of submitting and publishing Content on the Service. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to publish and distribute the Content you submit. Furthermore, you license to DrawForMe all patent, trademark, trade secret, copyright or other proprietary rights with respect to such Content for publication to the Service pursuant to these Terms of Service.
- By submitting your Content to DrawForMe, you hereby grant to DrawForMe a worldwide, non-exclusive, royalty-free, sublicenseable and transferrable license to use, reproduce, distribute, prepare derivative works of, display and perform the Content in connection with the Service and DrawForMe’s (and any successors’ and affiliate’s) business, including but not limited to, promoting and redistributing part or all of the Service (and any derivative works) in any media formats and through any media channels. You also grant each user of the service a non-exclusive license to access your Content through the Service and to share, redistribute, reproduce, display and perform your Content in a manner subject to the functionality provided by the Service and in accordance with these Terms of Service. The above licenses granted by you are perpetual and irrevocable.
- A user who submits a Content request is in no way granted any ownership of or copyright to the Content created in response to the request he or she submits, and is not granted any right or license to the Content through the use of the Service beyond the standard use license described in section IV.
- You further agree that any Content you submit to the Service will not contain third party copyrighted material or material that is subject to other third party proprietary rights, unless you have expressed written permission from the rightful owner of the material or you are otherwise legally entitled to distribute the material and grant DrawForMe the required license rights granted in these Terms of Service.
- You agree not to submit any Content that is offensive, gratuitously violent, pornographic, libelous or defamatory.
- DrawForMe does not endorse any Content submitted to the Service by any user, or any opinion, recommendation or advice expressed by users through contributions to the Service and hereby expressly disclaims any liability with respect to, or in connection with such Content. DrawForMe DOES NOT permit copyright infringing activities and infringement of intellectual property on the Service. DrawForMe WILL remove all content, if properly notified that such Content violates or infringes on another’s copyright or intellectual property rights. DrawForMe reserves the right to remove any content without prior notice or cause.
VII. ACCESS RESTRICTIONS AND ACCOUNT TERMINATION
- DrawForMe will terminate and/or take action to deny access to the Service of any user who is determined to be a repeat or serial offender of these Terms of Service, and/or other commonly accepted or socially responsible conduct as such behavior pertains to the Service whether or not explicitly described herein.
- DrawForMe reserves the right to determine, at it’s sole discretion, if Content or user conduct violates these Terms of Service, and may at any time and without cause terminate a user’s account, remove Content, and/or deny access to the Service without notice.
VIII. DMCA COMPLIANCE & PROCESS
As a copyright owner or agent acting on behalf of a copyright owner, you may submit a notification to our designated Copyright Agent pursuant to the Digital Millenium Copyright Act (DMCA) if you believe any Content appearing on the Service infringes on your copyrights. This notification must contain in writing:
- A physical or electronic signature of the copyright owner or agent authorized to act on behalf of the copyright owner of the alleged infringing content;
- Identification of the copyrighted material(s) you claim to have been infringed
- Identification of the complete copyrighted material that is subject of the infringement that is to be removed or to have access to it denied, sufficient enough in detail to reasonably allow the provider to locate the content in question
- Sufficient contact information of the copyright owner or agent, to allow the provider to contact you
- Phone Number
- Email Address
- A statement that you have a good faith belief that use of the material is not compliant with the authorization of the copyright owner, its agent or the law
- A statement confirming that information in the notification is accurate, and under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed
Send correspondence to:
ATTN: Copyright Agent
18269 W 85th Dr
Arvada, CO 80007
Filing a Counter-Notice: If your Content was removed (or access to it disabled) and you believe that the removed (or disabled) content is not infringing, or that you have proper authorization from the copyright owner to post and use the material in your Content, you can send a counter-notice to the Copyright Agent, including:
- Your physical or electronic signature
- Identification of the Content that has been removed or disabled and the location of the Content prior to the its being removed or disabled
- A statement that you have a good faith belief that your Content was removed or disabled in error
- Your name, address, phone number and e-mail address
- A statement consenting to the jurisdiction of the federal court of Denver, Colorado, and that you will accept service of process from the person who initially provided the notification of alleged infringement.
Upon receipt of the counter-notice, DrawForMe may send a copy of the counter-notice to the original party informing the claimant that the Content may be replaced or re-enabled in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed content may be replaced or re-enabled after 14 business days or more, following the receipt of the counter-notice and at the sole discretion of DrawForMe.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DRAWFORME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. DRAWFORME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. DRAWFORME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DRAWFORME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
X. LIMITATION OF LIABILITY
IN NO EVENT SHALL DRAWFORME, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DRAWFORME SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by DrawForMe from its facilities in the United States of America. DrawForMe makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so of their own volition and are responsible for compliance with their local law.
To the extent permitted by law, you agree to defend, indemnify and hold harmless DrawForMe, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
XII. ABILITY TO ACCEPT THE TERMS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Additionally, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then we request that you do not use the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DrawForMe without restriction.
You agree that: (i) the Service shall be deemed solely based in Colorado; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over DrawForMe, either specific or general, in jurisdictions other than Colorado. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and DrawForMe that arises in whole or in part from the Service, shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado. These Terms of Service, together with the Privacy Notice at http://www.drawforme.com/privacy.php and any other legal notices published by DrawForMe on the Service, shall constitute the entire agreement between you and DrawForMe concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and YouTube’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. DrawForMe reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DRAWFORME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.