Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. THEY ARE LEGALLY BINDING ON YOU.
Using, viewing, and/or accessing this website, you signify your assent to these Terms of Service.

Your Account.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and DrawCircle.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause DrawCircle.com liability. You must immediately notify DrawCircle.com of any unauthorized uses of your account or any other breaches of security. DrawCircle.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DrawCircle.com or otherwise.

By submitting Content to DrawCircle.com for inclusion on your Website, you grant DrawCircle.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing. Downloaded fan art and other possible copyrighted imagery are not public domain and are for non-commercial use only. If you delete Content, DrawCircle.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. 

Without limiting any of those representations or warranties, DrawCircle.com has the right (though not the obligation) to, in DrawCircle.com's sole discretion (i) refuse or remove any content that, in DrawCircle.com's reasonable opinion, violates any DrawCircle.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DrawCircle.com's sole discretion. 

Responsibility of Website Visitors.
DrawCircle.com has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, DrawCircle.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DrawCircle.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which DrawCircle.com links, and that link to DrawCircle.com. DrawCircle.com does not have any control over those non-DrawCircle.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-DrawCircle.com website or webpage, DrawCircle.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DrawCircle.com disclaims any responsibility for any harm resulting from your use of non-DrawCircle.com websites and webpages.

Copyright Infringement and DMCA Policy.
As DrawCircle.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DrawCircle.com violates your copyright, you are encouraged to notify DrawCircle.com in accordance with DrawCircle.com's Digital Millennium Copyright Act ("DMCA") Policy. DrawCircle.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of DrawCircle.com or others, DrawCircle.com may, in its discretion, terminate or deny access to and use of the Website.

Restrictions on Use of Materials.
All content, including but not limited to graphics, logos, and copy belong to and are copyrighted to DrawCircle.com or Affiliates, Associates, and Partners for which sole use and/or reproduction permissions by DrawCircle.com have been granted.

Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DrawCircle.com or third-party trademarks.

Changes.
DrawCircle.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DrawCircle.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.
DrawCircle.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.
The Website is provided "as is". DrawCircle.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DrawCircle.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.
In no event will DrawCircle.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. DrawCircle.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the DrawCircle.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless DrawCircle.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Limitation of Liability.
In no event will DrawCircle.com be liable to any party for any direct, indirect, special, punitive or consequential damages (including, but not limited to damages for loss of business profits, business interruption, loss of programs or information, and the like) or any other damages, arising in any way out of the availability, use, reliance on, or inability to use DrawCircle.com or any information even if DrawCircle.com shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract or otherwise; or for any claim attributable to errors, omissions, or other inaccuracies in any information. In no event shall our total liability to you for all damages, losses, and causes, actions (whether in contract, tort, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

See License Agreement
See Copyright Information