TERMS OF SERVICE
Hello and welcome to Drawception.com (“Drawception") and its online Website (collectively, including all content and functionality available through the Drawception.com domain name, the "Website"). Drawception welcomes you to enjoy our services and games (collectively, the “Services”) available through the Website and social networking websites, such as Facebook (collectively, “SN Websites”). Our Drawception Games include, but not limited to, “Drawception” (currently accessible at http://drawception.com).
BY VISITING, DOWNLOADING, REGISTERING FOR AN ACCOUNT ON THE WEBSITE (AN “ACCOUNT”), ACCESSING OR USING ANY PART OF THE WEBSITE, YOU (THE TERMS “YOU”, “YOUR”, AND “YOURS” SHALL REFER TO ANY AND ALL USERS OF THE WEBSITE (THE “USER”)) EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY (A) THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT"), AND (B) DRAWCEPTION's Privacy Notice, which CAN BE found at http://www.drawception/privacy-policy/ (THE “PRIVACY NOTICE”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR THE PRIVACY NOTICE, YOU DO NOT HAVE DRAWCEPTION’S AUTHORIZATION TO USE ANY OF THE SERVICES AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THE WEBSITE. DRAWCEPTION MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Service Terms and Limitations.
1.1 Description. The Website provides a platform where Users can create, submit, upload, publish or display (hereinafter, "post") drawings (including text)(the “Drawings”) to the Website and share such Drawings through the Services with other Users. The Service and Website are proprietary to Drawception and are protected by intellectual property laws and international intellectual property treaties.
1.2 Proprietary Rights. The entire contents displayed on the Website (the “Content”) have copyrighted protection as a collective work under the laws of the United States and other copyright laws. Drawception is the sole exclusive owner of the Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Website only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Website. You agree not to use any Drawception logo or any other proprietary graphic or trademark without Drawception's express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in Drawception and/or its content providers. Third-party trademarks, service marks and logos contained in the Website are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
1.3 Grant of Limited License. Your access to the Service is licensed and not sold. Subject to the terms of this Agreement and upon your registration for an Account, Drawception hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services and the Website. All the Content that is made available to view and/or download in connection with the Website is owned by and is the copyrighted work of Drawception and/or its suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Website and/or the Content.
1.4 User's Agreement; User Representations.
1.4.1 User Agreement. In order to access the Service, you will be required to register for an Account. You may register for an Account by allowing Drawception to access your name and other profile information through existing accounts you may have on SN Websites (each a “SN Website Profile”). You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account, and (b) maintain and promptly update your Account to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Drawception has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Drawception has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
1.4.2 User Representations. You represent and warrant to Drawception that you will (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying Drawception in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the terms set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Website. You further represent and warrant that (i) you are over the age of thirteen (13) and have the power, authority or consent to enter into and perform your obligations under the Agreement; (ii) all information provided by you to Drawception is truthful, accurate and complete; (iii) you are or have the permission of the authorized signatory of the credit or charge card provided to Drawception, if any and if applicable, to pay any fees; (iv) you shall comply with all terms and conditions of this Agreement; (v) you have provided and will provide accurate and complete registration information; and (vi) each time you post, submit or upload a Drawing and/or upload Submitted Content (as defined herein) on the Website or through the Service, you own or otherwise control the rights or have the necessary consents to upload or post such Drawing and/or Submitted Content (as defined herein) and to enable inclusion and use of the Drawing and/or Submitted Content (as defined herein) in the manner contemplated by the Website.
1.5 User’s Restrictions. You are not permitted, directly or indirectly, to (i) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Drawception and/or the copyright owner; or (ii) distribute, display (except for the purposes set forth in Section 2), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content and Submitted Content, in whole or in part; or (iii) remove any proprietary notices or labels on the Content and Submitted Content.
2. ONLINE COMMUNICATIONS.
2.1 Submitted Content. You are solely responsible for the Drawings you post to the Website through the Services. You are further solely responsible for any information, and other content that you post on the Website (collectively, the “Submitted Content”). You understand the Website is available to the public. Therefore any information you consider confidential should not be posted to the Website. By posting Submitted Content, you agree that Drawception may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any Submitted Content posting by you. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Drawception. Drawception cannot and does not screen content provided by you to the Website or through the Services. Notwithstanding the foregoing, Drawception reserves the right to monitor content on the Website and to remove content, which Drawception, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or Drawception' operating policies for Users.
2.2 License Grant.
2.2.1 By posting any Drawing and/or Submitted Content on publicly accessible locations on the Website, you automatically grant (or warrant that the owner of such content has expressly granted) to Drawception a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display, and/or commercially exploit any materials or other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Website, alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses. You further acknowledge and agree that your name, likeness, and/or SN Website Profile may be associated your Drawings and you hereby grant Drawception a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your name, likeness, and/or SN Website Profile in association with your Drawings and/or Submitted Content.
2.2.2 You acknowledge and agree that (i) no compensation will be paid with respect to the use of your Drawings and/or Submitted Content; (ii) Drawception is not obligated to pay you and you shall not receive any revenue, financial incentive, profit, royalty, or other income, if any, generated by or through your Drawings and/or Submitted Content; (iii) you shall have no recourse against Drawception for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us; and (iv) Drawception may remove any Drawings and/or Submitted Comment at any time in its sole discretion.
2.2.3 When you post any Drawings and/or Submitted Content on the Website, you authorize and direct Drawception to make such copies thereof as Drawception deems necessary in order to facilitate the posting and storage of such content on the Website. You hereby agree to also grant each user of the Website a non-exclusive license to access your Drawings and Submitted Content through the Website, and to use, reproduce, distribute, display and perform such Drawings and Submitted Content as permitted through the functionality of the Website and under this Agreement.
THE LICENSE GRANT BY YOU TO DRAWCEPTION, PURSUANT TO THIS SECTION 2.2, IS IN CONSIDERATION FOR YOUR ACCESSS TO THE SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDTIONS PROVIDED IN THIS SECTION 2.2, PLEASE DO NOT SUBMIT ANY DRAWINGS OR SUBMITTED CONTENT TO DRAWCEPTION.
2.3 User Warranties and Representations. You warrant, represent and agree that you will not contribute any Drawings and/or Submitted Content or otherwise use the Website in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (iv) adversely affects or reflects negatively on Drawception’s goodwill, name or reputation or causes duress, distress or discomfort to Drawception or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Website, or from advertising, liking or becoming a supplier to use in connection with the Website; (v) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely report to an employee or agent of Drawception; (viii) circumvent, disable or otherwise interfere with security-related features of the Website or its features that prevent or restrict use or copying of any content; (ix) intercept or attempt to intercept email or other private communications not intended for you; and/or (x) causes the Website to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Website or web pages. You further warrant, represent and agree that you will not (x) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (y) use the Website to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; and (z) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to the Website. While it is not the intent of Drawception to discourage you from reporting problems about the Services, nonetheless, Drawception reserves the right to take such action as it deems appropriate and/or to remove any content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Drawception is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
3. OPERATION. Drawception reserves complete and sole discretion with respect to the operation of the Website. Drawception may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by Drawception policies; (b) subject to Section 2, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Website. Drawception may, in its complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. Drawception will not review the contents of email or private messages except as required or allowed by applicable law or legal process.
4. CONTENT AND GENERAL DISCLAIMERS
4.1 General Disclaimer. THE WEBSITE IS PROVIDED BY DRAWCEPTION ON AN "AS IS" BASIS. DRAWCEPTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DRAWCEPTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. DRAWCEPTION CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. DRAWCEPTION CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. DRAWCEPTION DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. DRAWCEPTION MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. Although Drawception has attempted to provide accurate information on the Website, Drawception assumes no responsibility for the accuracy or completeness of the information.
4.2 Informational Purposes Only. Any opinions expressed on the Website are the personal opinions of the original author and not of Drawception, even though the original author may be employed by Drawception. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by Drawception or any other party. Drawception does not assume any responsibility or liability for any Drawings, Submitted Content, blogs, opinions or other commentary posted on the Website or any third party Website linked to the Website and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.
4.3 Disclaimer of Third Party Information. You understand that when using the Website, you will be exposed to Drawings and Submitted Content and third party content from a variety of sources, and that Drawception is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Drawings, Submitted Content or third party content. You further understand and acknowledge that you may be exposed to Drawings, Submitted Content and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Drawception with respect thereto. You acknowledge that statements made in the Website, newsgroups, message boards, email, forums, conferences, chats, Submitted Content, and/or through Drawings reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the Website are not authorized Drawception spokespersons, and their views do not necessarily reflect those of Drawception, and Drawception does not endorse any Drawings, Submitted Content or any opinion, recommendation, or advice expressed therein.
5. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DRAWCEPTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR THE ACCOUNT.
6. WAIVER AND RELEASE. YOU AGREE THAT NEITHER DRAWCEPTION NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DRAWCEPTION SHALL NOT BE LIABLE FOR DRAWINGS AND SUBMITTED 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. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST DRAWCEPTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF DRAWCEPTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICE, OR THE CONTENT.
7. LIABILITY LIMITATION. NOTWITHSTANDING THE FOREGOING PARAGRAPH DRAWCEPTION WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF DRAWCEPTION MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Website is controlled and offered by Drawception from its facilities in the United States of America. Drawception makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Copyright or Intellectual Property Infringement Notification. Drawception respects the intellectual property rights of others. You can notify Drawception of possible copyright infringement, and Drawception will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
(a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Website reasonably sufficient to permit Drawception to locate the material; (d) Your contact information, including your address, telephone number, and email; (e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be sent to firstname.lastname@example.org or to Nihildom, [601 Van Ness Ave. Suite E 421, San Francisco, CA, 94102, (617) 776-7871].
9. Term and Termination. Either you or Drawception may terminate this Agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement. Drawception also reserves the right to terminate or suspend your Account and access to the Website and Services without prior notice. The provisions of Sections 1.2 (Proprietary Rights), 1.4 (User Agreement; User Representations), 2 (Online Communications), 5 (Indemnification), 6 (Waiver and Release), 7 (Disclaimers), 8 (Limitation of Liabilities), 9 (Term and Termination), and 11 (Miscellaneous) shall survive any termination of this Agreement.
10. Privacy Rights. Drawception is firmly committed to protecting your privacy, the privacy of Users, and the information that Drawception gathers. In registering for the Services, you represent and agree that you will not use the Services to track or collect personally identifiable information of Users. For Drawception’s complete policy on privacy, please visit and review Drawception’s Privacy Notice at http://www.drawception/privacy-policy/.
11. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Drawception and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco County, California, United States. Any cause of action or claim you may have with respect to Drawception must be commenced within one (1) year after the claim or cause of action arises. Drawception failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any Nonprofit User, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 5, 6, and 7 are intended to benefit Drawception and its officers, directors, employees, agents, licensors, and suppliers. Drawception may assign its rights and duties under this Agreement to any party at any time without notice to you.
12. Notice. Drawception may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to your address on record in the Account. You may give notice to Drawception at any time via electronic mail to the Website at the following address: email@example.com