Terms of Use

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”).

 

Drawn + Drafted offers the Services on and through its website located at artbusinessbottcamp.com (the “Website”). These terms and conditions (“Terms of Use” or “Agreement”) govern your access to and use of the Website, the Services provided by Drawn + Drafted, and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Website.

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SERVICES IN ANY MANNER, YOU ARE ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF USE TO THE EXCLUSION OF ALL OTHER TERMS.

 

IF YOU DO NOT UNCONDITIONALLY ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICES. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH DRAWN + DRAFTED’S PRIVACY POLICY AND COPYRIGHT POLICY.

Wherever used in these Terms of Use, “you,” “your,” or similar terms means the person or legal entity using the Services. If you are using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use.

 

Wherever used in these Terms of Use, “Drawn + Drafted,” “we,” “us,” or “our” means Drawn + Drafted, LLC, any company that controls or is controlled by Drawn + Drafted (for example a parent company or a subsidiary of Drawn + Drafted), and their respective members, shareholders, directors, officers, employees, agents, successors, and assigns.

 

We reserve the right, at any time, to update and change any or all of these Terms of Use, in our sole discretion, including but not limited to the fees and charges associated with the use of the Services. If we do so, we will post the modified Terms of Use on the Website, and we will notify you of any changes that, in our sole discretion, materially impact these Terms of Use. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Use, which are available at makeyourartwork.com/terms. When we change these Terms of Use, we will modify the “Last Updated” date above.

 

 

 

PRIVACY POLICY

 

Use of the Services is governed by our Privacy Policy, which is available at makeyourartwork.com/privacy and expressly incorporated herein. The purpose of our Privacy Policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information.

 

CHILDREN’S PRIVACY

 

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.

 

USER ACCOUNTS

 

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.

 

Drawn + Drafted may, for security or other reasons, occasionally require you to change your username and/or password and issue new ones to you. Drawn + Drafted reserves the right to terminate your User Account without notice if we become aware of any breach of these Terms of Use.

 

PASSWORDS

 

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.

 

AGE RESTRICTIONS

 

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

 

Payment by PayPal. Drawn + Drafted currently only accepts credit card payments via PayPal. When you pay via PayPal, the transaction is redirected from the Website to PayPal’s payment site. When PayPal is used, your financial information is not shared with Drawn + Drafted. Once directed to PayPal’s site, PayPal is responsible for protecting your personal and financial information. Your PayPal account and any activities related thereto shall be subject to PayPal’s terms and conditions and any personal information provided to PayPal in relation thereto will be governed by PayPal’s privacy policy. Once payment is complete via PayPal, PayPal will email a receipt for the transaction.

 

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.

 

TERMINATION

 

You agree that we may, in our sole discretion and subject only to applicable law: (1) terminate your User Account or your ability to use the Services, at any time, without notice, for any reason, including but not limited to conduct violating any applicable law, these Terms of Use, other policies or guidelines adopted by us and made available to you, or for any other reason whatsoever; and (2) remove and/or discard any content or materials, including but not limited to, any and all information, image files, or any other content submitted by you or on your behalf. Further, you agree that we shall not be liable to you or to any third party for any termination of your access to the Services. We urge you to make personal copies of all content you submit to us.

 

GEOGRAPHIC RESTRICTIONS

 

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.

 

PROHIBITED USES

 

You may use and access the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services to:

 

  • 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.

 

  • Violate these Terms of Use.

 

  • 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.

 

INTELLECTUAL PROPERTY

 

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 drawnanddrafted@gmail.com.

 

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.

Downloadable Materials. Certain Drawn + Drafted Content, including but not limited to Bootcamp PDFs, is expressly provided for download to paying users. These materials are instructional in nature and are provided as part of our course offerings. Except as expressly provided by Drawn + Drafted, you may not reproduce, distribute, modify, repost, sell, publish, or otherwise use any such materials without prior written permission of Drawn + Drafted. If you wish to request permission to use any Drawn + Drafted Content in a manner otherwise prohibited under these Terms of Use, please email us at drawnanddrafted@gmail.com.

 

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.”

 

In posting any User Submissions, you represent that you have all rights necessary to post such User Submissions without violation of any intellectual property or other rights or any laws or regulations. You further understand and agree that by posting any User Submissions on the Services, or otherwise providing any User Submissions to Drawn + Drafted, you are granting Drawn + Drafted and its affiliates a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, adapt, and distribute that content (in whole or in part) for use in connection with or related to the Services, or any part thereof, for the full term of any copyright that may exist in such User Submissions, and that the foregoing license includes a right for Drawn + Drafted to make such User Submissions available to third parties, in each case without any notice, compensation, or attribution to you, subject to our Privacy Policy. You hereby further grant Drawn + Drafted and its affiliates the right to edit, copy, publish, and distribute any User Submissions made available on or through the Services by you, for any lawful purpose. You also permit any other user to access, view, store, or reproduce any content or links posted on or through the Services by you, subject to these Terms of Use.

 

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.

 

You further understand and agree that Drawn + Drafted may preserve User Submissions, and may also disclose User Submissions, including personally identifiable information (notwithstanding our Privacy Policy), if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use or any other applicable agreement or policy; (c) respond to claims that any User Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of Drawn + Drafted, its users, and the public. Without limiting the generality of the foregoing, Drawn + Drafted may be required to disclose information pertaining to User Submissions to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Drawn + Drafted to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you.

 

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.

 

USER CONDUCT

 

While Drawn + Drafted has the right to monitor activity and content associated with the Services, and may choose to prescreen User Submissions, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that Drawn + Drafted may use certain automated filters and other tools to block spam and to categorize and arrange User Submissions on the Services. We may, but will have no obligation to, remove or limit access to User Submissions that we believe in our sole discretion to be unlawful, abusive, harassing, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Use. Further, under no circumstances does Drawn + Drafted have any obligation to verify the accuracy, timeliness, or truthfulness of any User Submissions. You are responsible at your sole cost and expense for creating backup copies and replacing any User Submissions that you post or store on or through the Services.

 

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.

 

  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

 

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.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRAWN + DRAFTED OR VIA THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

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.

 

GOVERNING LAW

 

We control the Services from our offices within the State of New York in the United States of America. All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule, whether of the State of New York or any other jurisdiction.

 

INFORMAL DISPUTE RESOLUTION

 

We prefer to resolve your concerns without resorting to formal legal procedures. Before filing a claim against us, you agree to try to resolve any dispute arising out of or relating to these Terms of Use or the Services (each a “Dispute”) informally by contacting drawnanddrafted@gmail.com. We will attempt to resolve the Dispute informally by contacting you through email. If the Dispute is not resolved within 10 days after submission, you may bring a formal arbitration proceeding as outlined below.

 

ARBITRATION

 

Any Dispute that cannot be resolved informally shall be settled by binding arbitration administered in the English language by the American Arbitration Association in accordance with its Commercial Arbitration Rules in New York County, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property or confidentiality rights, we may seek injunctive, monetary, or other appropriate relief in any state or federal court of competent jurisdiction (and we may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Each party shall bear its own costs and disbursements arising out of the arbitration, and shall pay an equal share of the arbitrator’s fees. Notwithstanding the foregoing, the arbitrator is authorized to grant the prevailing party its reasonable expenses and attorneys’ fees.

 

INDEMNITY

 

You agree to indemnify, defend and hold harmless Drawn + Drafted, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services or your violation of any provision of these Terms of Use, the rights of a third party, or any applicable laws, rules, or regulations. Drawn + Drafted reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Drawn + Drafted in asserting any available defenses.

 

ELECTRONIC COMMUNICATIONS

 

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.

 

WAIVER

 

No waiver by Drawn + Drafted of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Drawn + Drafted to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

SEVERABILITY

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use shall continue in full force and effect.

 

ENTIRE AGREEMENT

 

These Terms of Use constitute the sole and entire agreement between you and Drawn + Drafted with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use.

 

ASSIGNMENT

 

These Terms of Use are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by Drawn + Drafted without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void.

 

HEADINGS

 

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

 

QUESTIONS OR CONCERNS

 

For questions or concerns about these Terms of Use, please email us at drawnanddrafted@gmail.com.