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.