Last updated November 24, 2016.
Welcome to Make Your Art Work! Drawn + Drafted, LLC (“Drawn + Drafted”) provides web content, software, and online educational services to help independent artists run their art businesses, as well as other products and services (collectively, the “Services”).
We are committed to protecting the privacy of children. You should be aware that the Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
To use many of the Services, you must create an account (“Account”) by providing your email address and name and selecting a username and password. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our User Account registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other personal information, or another person’s name, likeness, image, or photograph. You agree to promptly notify us of any unauthorized use of your username, password, or any other personal information, or any other breach of security that you become aware of involving or relating to the Services.
If you create a User Account, you acknowledge that we will treat anyone who logs in using your User Account as you. We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your User Account with or without your knowledge. Therefore, we recommend that you maintain your User Account information in confidence and that you refrain from disclosing this information to anyone.
You are solely responsible for maintaining the confidentiality and security of your password. You agree to notify us immediately if you suspect any unauthorized use of your password or unauthorized access to your User Account. You are solely responsible for any and all actions taken using your username and/or User Account.
To use some of the Services, you must create a User Account. If you are under 18 years old, you must have your User Account created for you by your parent or legal guardian. If you are under 13 years old, you may not use the Services without your parent or legal guardian.
FEES AND PAYMENT
Taxes, Fees, and Charges. You agree to pay all taxes, fees, and other charges incurred in connection with your use of the Services (including, but not limited to, sales, use, or value-added taxes). Drawn + Drafted may automatically charge and withhold such taxes, fees, or other charges within any jurisdiction that it deems is required.
Drawn + Drafted is based in the State of New York in the United States. We make no claim that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Violate any applicable federal, state, local, or international law or regulation, including, without limitation, any law regarding the export of data or software to and from the United States or other countries.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
- Submit, transmit, or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, offensive, or otherwise objectionable.
- Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Impersonate or attempt to impersonate Drawn + Drafted; our employees, representatives, and instructors; other users; or any other person or entity, including, without limitation, by using email addresses or usernames associated with any of the foregoing.
- Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
- Manipulate headers or identifiers to disguise the origin of any material submitted or transmitted to us.
- Submit, transmit, or otherwise make available any material that you do not have the right to make available under any law or contractual or fiduciary relationship.
- Submit, transmit, or otherwise make available any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Transmit, or procure the transmission of, any advertising or promotional material without our prior written consent, including any junk mail, chain letter, spam, or any other similar solicitation.
- Interfere with or disrupt the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
- Introduce, upload, post, email, or otherwise transmit any viruses, Trojan horses, worms, logic bombs, other computer code, or material that may interrupt, destroy, limit the functionality of the Services, interfere with the access of any user of the Services, or is malicious or technologically harmful.
- Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or features that enforce limitations on the use of the Services.
- Otherwise attempt to interfere with the proper working of the Services.
- Harvest or collect information about or from other users without their express consent and, if such consent is provided, only pursuant to applicable law.
- Use the Services in any way that competes with Drawn + Drafted.
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined solely by us, may harm Drawn + Drafted or users of the Services, or expose us, our affiliates, or users of the Services to liability.
We shall have the sole discretion to determine whether material provided by you constitutes prohibited material, and any material submitted to us may be examined at any time. You acknowledge that although we do not and will not examine and review all material submitted or transmitted to us, we have the absolute right (but not the obligation) to review, delete, move, and edit such material and content, or take any other appropriate action with respect to prohibited content and material, for any reason, at any time, without notice. Notwithstanding the above, when you use the Services, you acknowledge and agree that all material (whether private or public) that is provided to us and/or uploaded and/or stored via the Services is the sole responsibility of the person who submitted it. You understand that by using the Services, you may be exposed to material or content that you consider offensive and you take sole responsibility for such exposure.
Drawn + Drafted understands that artists’ intellectual property is their livelihood and respects the intellectual property rights of its users. If you have any questions about this section, please email us at firstname.lastname@example.org.
Drawn + Drafted Content. The content and materials contained in the Services, including without limitation all course materials, lessons, instructional videos, downloadable materials, and all text, software, graphics, logos, photos, music, videos, as well as the selection, organization, coordination, compilation, and overall look and feel of the foregoing and of the Website (collectively, “Drawn + Drafted Content”) are the intellectual property of Drawn + Drafted or its licensors. You may use the Drawn + Drafted Content only in connection with the Services.
User Submissions. All text, images, drawings, photos, audio, video, and other content or information in any form that you submit, upload, publish, post, or display on or through the Services, including as part of any course offering, are referred to herein as “User Submissions.”
Drawn + Drafted does not assert any ownership over any User Submissions. Rather, as between you and us, subject to the license grant detailed above, you retain full ownership of all of your User Submissions and any intellectual property rights or other proprietary rights associated with your User Submissions. However, you understand and agree that Drawn + Drafted may use your User Submissions to improve or promote the Services and may reference or incorporate your User Submissions into its materials, programs, products, and services.
You understand and agree that Drawn + Drafted may use your full name when reproducing, publishing, or distributing User Submissions (in whole or in part) for use in connection with or related to the Services.
Feedback. By submitting any ideas, suggestions, improvements, proposals, reviews, or testimonials in any form or medium, including as part of any live or recorded audio or video course, seminar, workshop, or question-and-answer session (“Feedback”), you assign all right, title, and interest in the Feedback, including without limitation any intellectual property rights therein, to Drawn + Drafted. You further represent and warrant that any Feedback that you submit does not contain any confidential or proprietary information of any third party and that Drawn + Drafted is under no obligation of confidentiality, express or implied, with respect to any Feedback submitted by you. If you intend to own the intellectual property rights in any Feedback, please do not submit the Feedback to us.
Third-Party Content. Drawn + Drafted occasionally provides users with free or discounted access to third-party content, websites, software, products, and/or services (“Third-Party Content”). We do not own and are not responsible for any Third-Party Content. All Third-Party Content is provided “as is” and you irrevocably waive any claim against us with respect to all Third-Party Content. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services.
Trademarks. The name “Drawn + Drafted” and all related names, logos, product and service names, designs, and slogans are trademarks of Drawn + Drafted or its affiliates or licensors (the “Drawn + Drafted Trademarks”). You may not use the Drawn + Drafted Trademarks without the prior written permission of Drawn + Drafted. All third-party names, logos, product and service names, designs, and slogans that appear in the Services are used for identification purposes only and are the trademarks of their respective owners.
You understand that Drawn + Drafted and its affiliates are not responsible for the misuse or misappropriation of any content or information that you post anywhere on or through the Services.
You understand that in using the Services, you may be exposed to User Submissions that you find offensive, indecent, and objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content, or terminating User Accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Drawn + Drafted be liable in any way for any User Submissions, including but not limited to errors or omissions in any User Submissions, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Submissions posted, emailed, transmitted, or otherwise made available via the Services.
LINKING TO US
You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
We reserve the right to withdraw linking permission for any reason, without notice to you.
LINKS TO THIRD-PARTY WEBSITES
We may occasionally provide links to websites, software, or services owned or operated by third parties (“Third-Party Websites”). We are providing these links to you as a convenience, and Drawn + Drafted does not verify, make any representations, or take any responsibility for such Third-Party Websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, products, services, or information provided on such Third-Party Websites. The Third-Party Websites may have different privacy policies and terms and conditions and business practices than Drawn + Drafted. Your dealings and communications through the Services with any party other than Drawn + Drafted are solely between you and such third party. Any complaints, concerns, or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
YOU AGREE THAT DRAWN + DRAFTED SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES, OR CONTENT AVAILABLE THROUGH ANY THIRD-PARTY WEBSITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Any reference in the Services to any product or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer, or otherwise does not constitute or imply Drawn + Drafted’s endorsement or recommendation.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading via the Services or any applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.
DRAWN + DRAFTED AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DRAWN + DRAFTED NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, DRAWN + DRAFTED AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES SHALL MEET YOUR REQUIREMENTS, (ii) THE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES SHALL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES SHALL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR SMARTPHONE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.
DRAWN + DRAFTED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, COURSE OF PERFORMANCE, AND FITNESS FOR PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME PORTION OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH STATES WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
Drawn + Drafted shall not be liable, and you are solely responsible, for any access or usage charges charged by your internet or wireless carrier related to any computer or device that you use to access or use the Services.
IN NO EVENT SHALL DRAWN + DRAFTED, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, REPRESENTATIVES, MEMBERS, OR SHAREHOLDERS (THE “DRAWN + DRAFTED ENTITIES”) BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY, PREOPERTY DAMAGE, OTHER HARM, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, TO YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR USER ACCOUNT OR USERNAME AND/OR PASSWORD, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR HYPERTEXT LINKS TO THIRD-PARTY WEBSITES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED WEBSITE OR ANY ACTIVITY RELATED TO YOUR USER ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES DRAWN + DRAFTED’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
DRAWN + DRAFTED’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SERVICES, AND YOU HEREBY RELEASE THE DRAWN + DRAFTED ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INFORMAL DISPUTE RESOLUTION
Using the Services or sending emails to Drawn + Drafted constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or social media and via the Services, satisfy any legal requirement that such communications be in writing.
QUESTIONS OR CONCERNS