TERMS of SERVICE

Updated: April 2008

Thank you for registering at idrawandpaint.com. These terms of service covers your use of idrawandpaint.com for creating and enjoying content on this Platform.

By registering with idrawandpaint.com (“idrawandpaint.com” or “us”), you are agreeing to these terms of service (“Terms of Service” or “Terms”).

Description & Definitions
idrawandpaint.com is a social network platform (“Platform”). Other terms in this document must be defined as well, so here it goes:

Social Networks or Networks

Users

Code

Content

Tags

Ownership of Content
idrawandpaint.com does not claim any ownership rights in the Content you provide. You, as the User, own the Content you create and upload (“your Content”). After posting your Content, you continue to retain all ownership rights in such Content, and you continue to have the right to use and license your Content in any way you choose.

These Terms of Service include a number of licenses that are necessary for idrawandpaint.com to make your Content available through the idrawandpaint.com Platform. For example, without the right to modify Content, idrawandpaint.com would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, idrawandpaint.com could not make the Content available for other Users to view.

Licenses to Content from You
Your Content remains yours. We claim no ownership interest in the Content you provide on idrawandpaint.com Platform. However, we also want to encourage sharing of Content between Users across the idrawandpaint.com Platform. To this end, by uploading Content to the idrawandpaint.com Platform in which the Content is designated as Public Content (i.e. your settings allow other Users to view your Content), you grant to idrawandpaint.com and its Users a nonexclusive license to distribute and publicly display such Content within the idrawandpaint.com Platform on the condition that the Content is attributed in a manner specified by its author, if at all (a “Private Content License”).

We should also mention that you are responsible for making sure that you have all rights in the Content you post that are necessary for you to grant everyone a Private Content License. (We'll cover this in more detail later.)

Lastly, if a User is removed, banned or chooses to the leave the idrawandpaint.com Platform, the Content associated with that Platofrm will also be deleted. We would encourage you to be sure you are comfortable with this possibility before contributing Content to the idrawandpaint.com Platform.

Proprietary Rights
Content

You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use.

You agree that all the intellectual property in the idrawandpaint.com Platform, other than the Content you provide, are owned by idrawandpaint.com or the applicable User(s). Except as expressly permitted under these Terms, you agree NOT to:

Trademarks
The idrawandpaint.com Platform and other related graphics, our logo and sub-logos, idrawandpaint.com marks, and trade names used on the idrawandpaint.com Platform are trademarks of How to Draw & Paint and it's holding company Paintbox Art Media Ltd and may not be used without permission. Other trademarks, idrawandpaint.com Platform marks, and trade names that may appear on idrawandpaint.com are the property of their respective owners.

Accounts, Passwords, and Security
You must be a registered User to create Content on the idrawandpaint.com Platform. As a User, you are responsible for keeping your password secure. idrawandpaint.com IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your idrawandpaint.com ID.

Content and Interaction
You agree to comply with the license and restrictions applicable to each item of Code or Content you post, copy, access, or use.

Content from other Users is made available to you through the the idrawandpaint.com Platform. Because idrawandpaint.com does not control such Content, you agree that idrawandpaint.com is not responsible for any such Content, including advertising and information about third party products or services distributed by Users.

Your interactions with other Users on the idrawandpaint.com Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment.

You agree that idrawandpaint.com is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your Personal Data (as defined in the Privacy Policy). If there is a dispute between you and any third party (including any User), idrawandpaint.com is under no obligation to become involved.

You release idrawandpaint.com, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users, and/or (ii) the idrawandpaint.com Platform.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Acceptable Use and Conduct
At the risk of sounding repetitive, you are solely responsible for your conduct and Content on the idrawandpaint.com Platform.

You also agree not to post or make available any Code or Content for which you don't have sufficient rights to grant the licenses above. Among other things, this means that you may not include Code or Content from third parties that is subject to license terms that are incompatible with the licenses you grant under these Terms, such as GPL.

You also agree not to post, email, or otherwise make available any Code or Content that:

Additionally, you agree NOT to:

Privacy and Spam
You agree to comply with all applicable laws with respect to:

You agree to comply with all relevant aspects of the idrawandpaint.com Privacy Policy. You agree not to collect or use Personal Data except as permitted by the idrawandpaint.com Privacy Policy. You agree not to use any Personal Data disclosed to you by idrawandpaint.com for any purpose other than using the idrawandpaint.com Platform in accordance with these Terms and the Privacy Policy. You agree not to harvest any email addresses from Networks or the idrawandpaint.com Platform for the purpose of sending email in violation of applicable law. You agree not to knowingly collect any information from, or develop any Networks that are targeted at, children under the age of 13.

Copyright Infringement by Users How to Draw & Paint and it's holding company Paintbox Art Media Ltd will promptly address any copyright owner's written notice that specified Content provided by Users of a the How to Draw & Paint infringes that third party's copyrights, provided that the notice substantially complies with the requirements in the idrawandpaint.com DMCA notice page. If you do not promptly remove the Content specified in the notice, the offending Content will be removed without any liability to the User that posted such Content. The User may also be banned from the idrawandpaint.com Platform atthe discreation of the Network Creator.

idrawandpaint.com maintains and enforces a policy of terminating the accounts of Users who are repeat copyright infringers.

Your Account
Term
These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if idrawandpaint.com decides, in its sole discretion, to discontinue the idrawandpaint.com Platform.

Deactivating Your Account
You may deactivate your idrawandpaint.com account at any time, for any reason, by following the instructions on idrawandpaint.com.

idrawandpaint.com has the right (at its sole discretion) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the idrawandpaint.com Platform, or remove and discard any Code or Content within the idrawandpaint.com Platform, without notice and for any reason.

Effects of Deactivating An Account
Upon deactivating your account, these Terms terminates and your access rights to the idrawandpaint.com Platform will immediately cease to exist.

Survival The provisions under the following headings will survive termination of thses Terms for any reason: Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, and Limitation of Liability.

Changes to idrawandpaint.com and the idrawandpaint.com Platform
idrawandpaint.com reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the idrawandpaint.com Platform or any part thereof with or without notice. idrawandpaint.com will not be liable to you or to any third party for any modification, suspension or discontinuance of idrawandpaint.com Platform.

Disclaimer of Warranties
YOUR USE OF THE idrawandpaint.com PLATFORM, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE idrawandpaint.com PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. idrawandpaint.com AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER idrawandpaint.com NOR ANY USER MAKES ANY WARRANTY THAT THE idrawandpaint.com PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Indemnity

You agree to indemnify, defend, and hold harmless idrawandpaint.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:

    1. any Code or Content you submit, post, transmit, or make available through the idrawandpaint.com Platform;
    2. your use or misuse of the idrawandpaint.com Platform;
    3. your connection to the idrawandpaint.com Platform;
    4. your violation of these Terms; or
    5. your violation of any rights (including intellectual property rights) of a third party.

Limitation of Liability
YOU AGREE THAT idrawandpaint.com SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF idrawandpaint.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE idrawandpaint.com PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE idrawandpaint.com PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO idrawandpaint.com BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

Updates to Terms of Service
These Terms may be updated or changed by idrawandpaint.com from time to time. If you do not agree to changes to the Terms, you must notify idrawandpaint.com to terminate your account.

In addition to these Terms, you will comply with all policies applicable to idrawandpaint.com and the idrawandpaint.com Platform, which policies are (i) either posted in the idrawandpaint.com Platform or provided to you and (ii) incorporated by reference into these Terms.

General
The failure of idrawandpaint.com to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your idrawandpaint.com account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part.

Any unauthorized use of any idrawandpaint.com computer system is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

The other Users of the idrawandpaint.com Platform are intended third party beneficiaries of your obligations under these Terms.,/p>

idrawandpaint.com may assign these Terms to any successor or purchaser of idrawandpaint.com or all or substantially all of its assets.

Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. You hereby waive any right to a jury trial of any such dispute.

These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

These Terms, which incorporate idrawandpaint.com Privacy Policy and idrawandpaint.com Policies, constitutes the entire agreement between you and idrawandpaint.com and governs your use of the idrawandpaint.com Platform, superseding any prior agreements (whether written or oral) between you and idrawandpaint.com regarding the subject matter hereof.



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