Wednesday, November 22, 2017

Terms of Service

The following terms and conditions govern all use of the LetsDrawPeople.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Let’s Draw People (“Let’s Draw People”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Let’s Draw People’s) and procedures that may be published from time to time on this Site by Let’s Draw People (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Let’s Draw People, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Responsibility of Contributors. If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    6. the Content is not pornographic, and any figure drawing or image of a nude subject for tutorial purposes has that subject in a tasteful pose that would likely be found in classical art.
    7. By submitting Content to Let’s Draw People, you grant Let’s Draw People a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
  2. Payment and Renewal.
    1. General Terms.
      By selecting a product or service, you agree to pay Let’s Draw People the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
    2. Automatic Renewal. 
      Unless you notify Let’s Draw People before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Let’s Draw People in writing.
  3. Copyright Infringement. As Let’s Draw People asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LetsDrawPeople.com violates your copyright, you are encouraged to notify Let’s Draw People. Let’s Draw People will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
  4. Intellectual Property. LetsDrawPeople.com grants you a limited, personal, non-exclusive and non-transferable license to use the reference drawings and materials and the Website solely for your personal use. You agree that you will only use the Website and the services for lawful uses. This Agreement does not transfer from Let’s Draw People to you any Let’s Draw People or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Let’s Draw People. Let’s Draw People, LetsDrawPeople.com, the LetsDrawPeople.com logo, and all other trademarks, service marks, graphics and logos used in connection with LetsDrawPeople.com, or the Website are trademarks or registered trademarks of Let’s Draw People or Let’s Draw People’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Let’s Draw People or third-party trademarks.
  5. Changes. Let’s Draw People reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Let’s Draw People may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  6. Disclaimer of Warranties. The Website is provided “as is”. Let’s Draw People and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Let’s Draw People nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  7. Limitation of Liability. In no event will Let’s Draw People, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Let’s Draw People under this agreement during the twelve (12) month period prior to the cause of action. Let’s Draw People shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  8. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Let’s Draw People terms, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  9. Indemnification. You agree to indemnify and hold harmless Let’s Draw People, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  10. Governing Law. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Nevada. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Nevada, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Nevada, such personal jurisdiction shall be nonexclusive.