DRAW AR TERMS & CONDITIONS
[DRAW AR APP BY ULADZISLAU
PAZDNIAKOU]
Last updated [January 14, 2020]
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement
made between you, whether personally or on behalf of an entity
(“you”) and [Uladzislau Pazdniakou] ( “we,” “us” or “our”), concerning
your access to and use of the [drawar.app] website as well as any
other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by accessing the Site, you
have read, understood, and agree to be bound by all of these Terms
and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms and Conditions at any time
and for any reason. We will alert you about any changes by updating
the “Last updated” date of these Terms and Conditions and you waive
any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms and Conditions to
stay informed of updates. You will be subject to, and will be deemed
to have been made aware of and to have accepted, the changes in
any revised Terms and Conditions by your continued use of the Site
after the date such revised Terms are posted.
The information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
Option 1: The Site is intended for users who are at least 18 years old.
Persons under the age of 13 are not permitted to register for the Site.
Option 2: [The Site is intended for users who are at least 13 years of
age.] All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If you
are a minor, you must have your parent or guardian read and agree to
these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site (collectively,
the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws
and various other intellectual property rights and unfair competition
laws of the United States, foreign jurisdictions, and international
conventions. The Content and the Marks are provided on the Site “AS
IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all
rights not expressly granted to you in and to the Site, Content and the
Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: [(1) all registration
information you submit will be true, accurate, current, and complete; (
2) you will maintain the accuracy of such information and promptly
update such registration information as necessary;] ( 3) you have the
legal capacity and you agree to comply with these Terms of Use; [(4)
you are not under the age of 13;] (5) not a minor in the jurisdiction in
which you reside[, or if a minor, you have received parental
permission to use the Site]; (6) you will not access the Site through
automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Site for any illegal or unauthorized
purpose; and (8) your use of the Site will not violate any applicable
law or regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any portion
thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion,
that such username is inappropriate, obscene, or otherwise
objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
2. make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false
pretenses.
3. use a buying agent or purchasing agent to make purchases on
the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict
the use or copying of any Content or enforce limitations on
the use of the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords;
8. make improper use of our support services or submit false
reports of abuse or misconduct.
9. engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or
the networks or services connected to the Site.
11. attempt to impersonate another user or person or use the
username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass,
abuse, or harm another person.
14. use the Site as part of any effort to compete with us or otherwise
use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the
Site.
16. attempt to bypass any measures of the Site designed to prevent
or restrict access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any
Content.
19. copy or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or
maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
22. except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other
software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Site.
24. use the Site in a manner inconsistent with any applicable laws or
regulations.
25. [other]
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or
make available any Contributions, you thereby represent and warrant
that:
1. the creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. you are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and
to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these
Terms of Use.
3. you have the written consent, release, and/or permission of
each and every identifiable individual person in your
Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Site and
these Terms of Use.
4. your Contributions are not false, inaccurate, or misleading.
5. your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
6. your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
7. your Contributions do not ridicule, mock, disparage, intimidate,
or abuse anyone.
8. your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm
against another.
9. your Contributions do not violate any applicable law, regulation,
or rule.
10. your Contributions do not violate the privacy or publicity rights of
any third party.
11. your Contributions do not contain any material that solicits
personal information from anyone under the age of 18 or
exploits people under the age of 18 in a sexual or violent
manner.
12. your Contributions do not violate any federal or state law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors;
13. your Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual
preference, or physical handicap.
14. your Contributions do not otherwise violate, or link to material
that violates, any provision of these Terms of Use, or any
applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms
of Use and may result in, among other things, termination or
suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site [or making
Contributions accessible to the Site by linking your account from the
Site to any of your social networking accounts], you automatically
grant, and you represent and warrant that you have the right to grant,
to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to
host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise,
and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats
and through any media channels.
This license will apply to any form, media, or technology now known
or hereafter developed, and includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions,
and you warrant that moral rights have not otherwise been asserted in
your Contributions.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you expressly agree
to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize
any Contributions to place them in more appropriate locations on the
Site; and (3) to pre-screen or delete any Contributions at any time and
for any reason, without notice. We have no obligation to monitor your
Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings.
When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hate language; (3) your reviews should
not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you
should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete reviews,
even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us,and do not necessarily represent our
opinions or the views of any of our affiliates or partners. We do not
assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us
a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce, modify,
translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and
use the mobile application on wireless electronic devices owned or
controlled by you, and to access and use the mobile application on
such devices strictly in accordance with the terms and conditions of
this mobile application license contained in these Terms of Use. You
shall not: (1) decompile, reverse engineer, disassemble, attempt to
derive the source code of, or decrypt the application; (2) make any
modification, adaptation, improvement, enhancement, translation, or
derivative work from the application; (3) violate any applicable laws,
rules, or regulations in connection with your access or use of the
application; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the
licensors of the application; (5) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available
over a network or other environment
permitting access or use by multiple devices or users at the same
time; (7) use the application for creating a product, service, or
software that is, directly or indirectly, competitive with or in any way a
substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited
commercial e-mail; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play (each an “App Distributor”)
to access the Site: (1) the license granted to you for our mobile
application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor’s terms of service; (2)
we are responsible for providing any maintenance and support
services with respect to the mobile application as specified in the
terms and conditions of this mobile application license contained in
these Terms of Use or as otherwise required under applicable law,
and you acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services with
respect to the mobile application; (3) in the event of any failure of the
mobile application to conform to any applicable warranty, you may
notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase
price, if any, paid for the mobile application, and to the maximum
extent permitted by applicable law, the App Distributor will have no
other warranty obligation whatsoever with respect to the mobile
application; (4) you represent and warrant that (i) you are not located
in a country that is subject to a U.S. government embargo, or that has
been designated by the U.S. government as a “terrorist supporting”
country and (ii) you are not listed on any U.S. government list of
prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the mobile application,
e.g., if you have a VoIP application, then you must not be in violation
of their wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in
this mobile application license contained in these Terms of Use, and
that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and conditions in this
mobile application license contained in these Terms of Use against
you as a third-party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with
online accounts you have with third-party service providers (each
such account, a “Third-Party Account”) by either: (1) providing your
Third-Party Account login information through the Site; or (2) allowing
us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you are entitled
to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without breach by you of
any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us to
pay any fees or making us subject to any usage limitations imposed
by the third-party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any
content that you have provided to and stored in your Third-Party
Account (the “Social Network Content”) so that it is available on and
through the Site via your account, including without limitation any
friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service
becomes unavailable or our access to such Third-Party Account is
terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will
have the ability to disable the connection between your account on
the Site and your Third-Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no
effort to review any Social Network Content for any purpose, including
but not limited to, for accuracy, legality, or non-infringement, and we
are not responsible for any Social Network Content. You acknowledge
and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your
mobile device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the
Site. You can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact information
below or through your account settings (if applicable). We will attempt
to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile
picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use
and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any such Submissions,
and you hereby warrant that any such Submissions are original with
you or that you have the right to submit such Submissions. You agree
there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your
Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other
websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and
other content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed from the
Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you
do so at your own risk, and you should be aware these Terms of Use
no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any
website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and
you shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Site, such as sidebar
advertisements or banner advertisements. If you are an advertiser,
you shall take full responsibility for any advertisements you place on
the Site and any services provided on the Site or products sold
through those advertisements. Further, as an advertiser, you warrant
and represent that you possess all rights and authority to place
advertisements on the Site, including, but not limited to, intellectual
property rights, publicity rights, and contractual rights. [As an
advertiser, you agree that such advertisements are subject to our
Digital Millennium Copyright Act (“DMCA”) Notice and Policy
provisions as described below, and you understand and agree there
will be no refund or other compensation for DMCA takedown-related
issues.] We simply provide the space to place such advertisements,
and we have no other relationship with advertisers.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or
any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from
the Site or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems; and (5) otherwise
manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy [CLICK HERE]. By using the Site, you agree to be bound by
our Privacy Policy, which is incorporated into these Terms of Use.
Please be advised the Site is hosted in the United States. If you
access the Site from the European Union, Asia, or any other region of
the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the
United States, then through your continued use of the Site or
Services, you are transferring your data to the United States, and you
expressly consent to have your data transferred to and processed in
the United States. [ Further, we do not knowingly accept, request, or
solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under the
age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that
information from the Site as quickly as is reasonably practical.]
DIGITAL MILLENNIUM COPYRIGHT ACT
(DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that
any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify our
Designated Copyright Agent using the contact information provided
below (a “Notification”). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to federal law you may
be held liable for damages if you make material misrepresentations in
a Notification. Thus, if you are not sure that material located on or
linked to by the Site infringes your copyright, you should consider first
contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. §
512(c)(3) and include the following information: (1) A physical or
electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (2) identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on the Site are covered by the Notification, a
representative list of such works on the Site; (3) identification of the
material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate
the material; (4) information reasonably sufficient to permit us to
contact the complaining party, such as an address, telephone
number, and, if available, an email address at which the complaining
party may be contacted; (5) a statement that the complaining party
has 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 (6) a statement that the
information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from
the Site as a result of a mistake or misidentification, you may submit a
written counter notification to [us/our Designated Copyright Agent]
using the contact information provided below (a “Counter
Notification”). To be an effective Counter Notification under the
DMCA, your Counter Notification must include substantially the
following: (1) identification of the material that has been removed or
disabled and the location at which the material appeared before it was
removed or disabled; (2) a statement that you consent to the
jurisdiction of the Federal District Court in which your address is
located, or if your address is outside the United States, for any judicial
district in which we are located; (3) a statement that you will accept
service of process from the party that filed the Notification or the
party's agent; (4) your name, address, and telephone number; (5) a
statement under penalty of perjury that you have a good faith belief
that the material in question was removed or disabled as a result of a
mistake or misidentification of the material to be removed or disabled;
and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the
requirements described above, we will restore your removed or
disabled material, unless we first receive notice from the party filing
the Notification informing us that such party has filed a court action to
restrain you from engaging in infringing activity related to the material
in question. Please note that if you materially misrepresent that the
disabled or removed content was removed by mistake or
misidentification, you may be liable for damages, including costs and
attorney's fees. Filing a false Counter Notification constitutes perjury.
[Uladzislau Pazdniakou]
[Zhudro, 61]
[Belarus, Minsk, 220104]
[draw.ar.app@gmail.com]
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that
any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify us using the
contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to federal law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are
not sure that material located on or linked to by the Site infringes your
copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use
the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR
ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable to you or any
third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason
without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State of [name of state]
applicable to agreements made and to be entirely performed within
the State/Commonwealth of [name of state], without regard to its
conflict of law principles.
DISPUTE RESOLUTION
Option 1: Any legal action of whatever nature brought by either you or
us (collectively, the “Parties” and individually, a “Party”) shall be
commenced or prosecuted in the state and federal courts located in
[name of county] County, [name of state], and the Parties hereby
consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention
on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from
these Terms of Use. In no event shall any claim, action, or proceeding
brought by either Party related in any way to the Site be commenced
more than ______ years after the cause of action arose.
Option 2: Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each a "Dispute"
and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least ______ days before
initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"),
both of which are available at the AAA website www.adr.org. Your
arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate,
limited by the AAA Consumer Rules. [If such costs are determined to
by the arbitrator to be excessive, we will pay all arbitration fees and
expenses.] The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA
rules or applicable law, the arbitration will take place in [name of
county] County, [name of state]. Except as otherwise provided herein,
the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or
enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration,
the Dispute shall be commenced or prosecuted in the state and
federal courts located in [name of county] County, [name of state],
and the Parties hereby consent to, and waive all defenses of lack of
personal
jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods
and the the Uniform Computer Information Transaction Act (UCITA)
are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any
way to the Site be commenced more than _____ years after the
cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that
court.
Option 3: Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy
or claim related to these Terms of Use (each a "Dispute" and
collectively, “Disputes”), any Dispute brought by either you or us
(individually, a “Party” and collectively, the “Parties”) shall be finally
and exclusively resolved by binding arbitration. YOU UNDERSTAND
THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and,
where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the AAA website www.adr.org. Your arbitration fees
and your share of arbitrator compensation shall be governed by the
AAA Consumer Rules and, where appropriate, limited by the AAA
Consumer Rules. [If such costs are determined to by the arbitrator to
be excessive, we will pay all arbitration fees and expenses.] The
arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested
by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where
otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in [name of county] County, [name of state].
Except as otherwise provided herein, the Parties may litigate in court
to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by
the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration,
the Dispute shall be commenced or prosecuted in the state and
federal courts located in [name of county] County, [name of state],
and the Parties hereby consent to, and waive all defenses of lack of,
personal jurisdiction, and forum non conveniens with respect to venue
and jurisdiction in such state and federal courts. Application of the
United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transaction Act
(UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any
way to the Site or Services be commenced more than ______ years
after the cause of action arose. If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found
to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of
that court.
Option 2/Option 3: Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Option 2/Option 3: Exceptions to [Informal Negotiations
and] Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning [informal negotiations and] binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within
the courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions that may relate to the Site, including
descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at any time, without
prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY 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.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
[NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF]
[THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
[_________] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING [OR] [$_________]. CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.]
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) [your
Contributions]; (2) use of the Site; (3) breach of these Terms of Use;
(4) any breach of your representations and warranties set forth in
these Terms of Use; (5) your violation of the rights of a third party,
including but not limited to
intellectual property rights; or (6) any overt harmful act toward any
other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the Site, as well as data relating to your use of
the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to
any activity you have undertaken using the Site. You agree that we
shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs in writing at 1625
North Market Blvd., Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us
on the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such
right or provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable
for any
loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these
Terms of Use is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that these
Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
[Uladzislau Pazdniakou]
[Zhudro, 61]
[Belarus, Minsk, 220104]
[draw.ar.app@gmail.com]