TERMS and CONDITIONS.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the http://www.howtodrawwithpencil.com website (the “Website”), owned and operated by Studioall, Inc. (“Studioall,” “we,” “us,” or “our”). By using the Website, you agree to be bound by this Agreement. The term "User" refers to either a visitor to the Website, or a user who sends us text or other content for posting on the Website. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Website immediately.
The contents of the Website, such as text, graphics, images, information obtained from Studioall’s licensors, and other material contained on the Website ("Studioall Content") are for informational purposes only.
CHILDREN'S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 14. We do not collect personally identifiable information from any person we actually know is a child under the age of 14.
USE OF CONTENT.
Studioall authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2009, Studioall, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Studioall Content. Any special rules for the use of certain software and other items accessible on the Website may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Studioall Content is protected by copyright under both United States and foreign laws. Title to the Studioall Content remains with Studioall or its licensors. Any use of the Studioall Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Studioall Content and features are subject to change or termination without notice in the editorial discretion of Studioall. All rights not expressly granted herein are reserved to Studioall and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Studioall Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Studioall Content.
We may modify this Agreement from time to time and such modification shall be effective upon posting by Studioall on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
We reserve the right, in its sole discretion, to reject, refuse to post or remove any posting or email by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility. Use of the Website is void where prohibited. By using the Website, you represent and warrant that (a) any information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.
Term. This Agreement shall remain in full force and effect while you use the Website.
Non-commercial Use by Users. The Website is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.
Proprietary Rights in Content on the Website.
Studioall does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "User Content") that you post or send to the Website. For purposes of this Agreement, the act of emailing, displaying, publishing, or sending us any User Content shall be considered “posting.” After posting your User Content to the Website, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By posting any User Content on or through the Website, you hereby grant to Studioall a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely on and through the Website.
The license you grant to us is non-exclusive (meaning you are free to license your User Content to anyone else in addition to us), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Website of the User Content that you post), sublicensable (so that we are able to use our affiliates and subcontractors such as Internet content delivery networks to provide the Website), and worldwide (because the Internet and the Website are global in reach). This license will terminate at the time you request the removal of your User Content from the Website. The license does not grant us the right to sell your User Content, nor does the license grant us the right to distribute your User Content outside of the Website.
You represent and warrant that: (i) you own the User Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Website.
The Website contains Content of Users and other Studioall licensors. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Studioall Content or other User Content appearing on or through the Website.
Content Posted.
We may delete (but are not obligated to delete) any User Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Website for inappropriate User Content or conduct. If at any time we choose, in our sole discretion, to monitor the Website, we nonetheless assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
You are solely responsible for the User Content that you post on or through any of the Website, and any material or information that you transmit to other Users and for your interactions with other Users. We do not endorse and has no control over the User Content. User Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions or policies of Studioall. Studioall makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Users.
Activity Prohibited. The following is a partial list of the kind of User Content that is illegal or prohibited to post on or through the Website. We reserve the right to (but are not obligated to) investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the User access to the Website of such violators. The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; any automated use of the system, such as using scripts to send or post messages; interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; attempting to impersonate another User or person; using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account; using any information obtained from the Website in order to harass, abuse, or harm another person; using the Website in a manner inconsistent with any and all applicable laws and regulations.
Liability of Studioall and its licensors. The use of the Website and the Content is at your own risk.
When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of us and our suppliers. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
The Website and the Content are provided on an "as is" basis. STUDIOALL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Studioall, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Studioall Content, software, text, graphics, links, or communications provided on or through the use of the Website or Studioall; or
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Website.
In no event shall Studioall, its licensors, its suppliers, or any third parties mentioned on the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Studioall, its licensors, its suppliers, or any third parties mentioned on the Website are advised of the possibility of such damages. Studioall, its licensors, its suppliers, or any third parties mentioned on the Website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500. Studioall, its licensors, its suppliers, or any third parties mentioned on the Website are not liable for any personal injury, including death, caused by your use or misuse of the Website, Studioall Content, or User Content. Any claims arising in connection with your use of the Site, any User Content, or User Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Advertisements, searches and links to other sites.
We may provide links to third-party web sites. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any product or service advertised on the Website.
Indemnity.
You agree to defend, indemnify, and hold Studioall, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General.
Studioall is based in New York, New York, in the United States of America. We make no claims that the Website and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction.
If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. Either Studioall or you may demand that any dispute between us and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Please contact us at: info@howtodrawwithpencil.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
All rights reserved Studioall Inc. © 2009
