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Introduction
This page sets forth the terms and conditions which govern
the use of our website
www.drawyounude.com (the "Site"). By accessing and using
the Site, you agree to be bound by these terms and conditions.
Because use of and access to the Site is expressly conditioned
on your compliance with these terms and conditions, please
read them carefully and do not access and use the site in
the event you are unable or unwilling to so comply.
Intellectual Property
The site, its design, and all content included on the Site,
including text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software
(the "Information"), is the exclusive property of drawyounude.com (the "Company") and is protected by US and international
copyright, trademark, patent or trade secret laws. The Information
may also contain material that is the copyright of a third
party. Unauthorized use of any Information is strictly prohibited.
Copying/Download Information
You may not download or copy any Information on this Site
unless:
- you use the Information solely for personal,
informational and non-commercial purposes; and
- the copyright symbol and statement set
forth on each page of this Web site appears on each downloaded
or copied page.
-
Any other use including but not limited
to reproduction, modification, transmission or publication
of the Information contained in the Site is strictly prohibited.
Use of the Site by children
We do not target as customers, or solicit data from, persons
under the age of eighteen (18) years.
Submission of material to the SiteWe
may invite you to submit material, including photographs or
feedback in the form of comments and suggestions to the Site.
If you choose to submit material of any kind to the Site,
you hereby represent and warrant that such material:
- is accurate;
- is not defamatory, obscene, threatening,
pornographic, or offensive;
- does not violate any applicable law, including
communications that would give rise to criminal or civil
liability;
- does not advocate any illegal activity;
- does not infringe the intellectual property
rights of any third party;
- does not violate or infringe the rights
of any person or entity, including a personĂs right of
privacy; or
- does not consist of, or contain computer
viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam".
We are not and shall not be responsible for
monitoring and exercising editorial control over material
submitted to the Site. We nevertheless reserve the right
to monitor such material, and to remove or edit any material
which we find, in our sole discretion, to be contrary to
these terms and conditions or otherwise objectionable.
By submitting material to the Site, you hereby
represent and warrant that:
- you are an adult, at least eighteen (18)
years of age;
- such material is non-confidential; and
- by submitting such material, you are deemed
to have provided a valid and binding electronic signature
(as permitted under the Electronic Transactions Act 1999)
authorizing the assignment of all rights, title and interest
in all such material to us, our assigns and licensees,
to use, reproduce, modify, adapt, create derivative works
from, distribute and publicly display such material, for
any purpose whatsoever, in any media, throughout the world
in perpetuity.
You further represent and warrant with respect
to such material that:
- any material submitted to the Site is original
and will not infringe or breach any law or any personĂs
right under any law (including any law or right relating
to copyright, passing-off, defamation, contempt of court,
privacy, publicity or confidence);
- any material submitted to the Site is free
from encumbrances and you have full and unfettered power
to assign all rights and interest in the material to us,
free and clear from any claim by any person;
- you own all right, title and interest (including
copyright) in any material submitted to the site, or have
obtained all necessary consents and releases from third
parties for all and any use of the material by us in perpetuity,
without any requirement for us to make any payment to
You or such third parties, and can provide any written
evidence of this to us promptly upon our written request;
- you will enter into any formal written
documentation if required by us to formalize your assignment
of all rights in the material to us; and
- you have not done, or permitted to be done,
any act or omission by which any of the rights in the
material have been, or may in any way, be impaired or
limited.
Agreement with respect to the purchase
of products on the Site
You can make an offer to purchase a product from the Site
at the relevant purchase price, by:
- selecting the product(s) you wish to purchase,
and clicking the "Add to Cart" button;
- inserting the "Quantity" of the product(s)
you wish to purchase, and clicking the "Checkout" button;
- selecting the "Shipping Destination" that
you require and clicking the "Next" button;
- selecting the "Shipping Method" that you
would prefer and clicking the "Next" button;
- completing the "Customer Details" Form
and clicking the "Next" button; and
- providing your "Payment Details" at the
[Cybersource] section of the Site and clicking the "Continue"
button.
We are deemed to have accepted the Offer when [Cybersource]
sends an email message to you, confirming that payment in
full for the products has been processed. Payment must be
made by credit card ( MasterCard or Visa).
Upon acceptance by us, an agreement is deemed
to exist for you to purchase from us the product(s) with
respect to which you have made an offer. In addition to
the purchase price, and our acceptance, if any, thereof,
the terms and conditions set forth in this section shall
govern these transactions:
- Each purchase transaction we accept, if
any, together with these terms and conditions, constitutes
a separate agreement. If we owe money to you under one
agreement, we may set-off that amount against any money
that we owe you under another agreement.
- We will deliver the product(s) to you:
- at the delivery address provided by
you in the Customer Details Form;
- by way of the Shipping Method (and
at the corresponding price) selected by you in the
Offer; and
- within a reasonable time determined
by us in our discretion.
You may not
engage in the business of re-selling, distributing and/or
supplying to any third party any product(s) that you have
purchased from us pursuant to an agreement; it being understood
and agreed that we own the copyright to the product.
Disclaimer of warranties and limitation
of liability
We reserve the right to modify or adapt any part of the
Information (including information about a product) without
notifying current or prospective customers or users. We
are not responsible for any errors or defects (including
without limitation computer viruses, typographic errors
or other inaccuracies) in any Information contained in the
Site or otherwise provided hereunder. All Information provided
hereunder, including products purchased hereunder, is provided
"as is", without any warranty of any kind whatsoever.
Our liability for any breach of any implied
condition or warranty is limited to one of the following,
as determined by us in our sole discretion: the replacement
or modification of the products, or the supply of an equivalent
product; or a refund of the purchase price of the product.
To the full extent permitted by law, we,
our affiliates, subsidiaries and any related parties and
their respective directors, employees and/or agents will
not be liable for any loss, claims, damages or costs (including
legal costs) arising out of, or in connection with, your
use of or inability to use the Site, and/or the purchase
of product(s) here from, including but not limited to direct,
indirect, incidental, special, exemplary and all consequential
damages or losses of profits or opportunity to any person,
even if such losses or damages were reasonably foreseeable.
Indemnity
You agree to indemnify us and hold us harmless from and
against any and all actions, liabilities, claims, costs
and expenses (including reasonable attorneys fees and expenses)
arising out of your use of the Site or any breach of the
terms and conditions by you, including, without limitation,
your representations and warranties with respect to the
Information and submission of material by you.
Links to third party sites
We make no representations whatsoever about any other web
sites which you may access from this Site and a link from
this Site to a third party site does not mean constitute
an endorsement or the acceptance of any responsibility for
the content or use of the Third Party Site.
Electronic communications
You consent to receiving communications from us electronically,
including electronic mail or notices posted on the Site.
You acknowledge that all agreements, notices, disclosures
and other communications that we provide to you and that
you provide to us electronically, satisfy any legal requirement
that such communications be in writing.
Changes
We may add to, delete, or otherwise change any of these
terms and conditions by giving you notice by electronic
mail; or by ordinary post to your address contained in the
Customer Details; or by posting on the Site.
Miscellaneous
These terms and conditions shall be governed by and construed
in accordance with the internal laws of the State of New
York without giving effect to any choice of law rule that
would cause the application of the internal laws of another
jurisdiction; and constitutes the entire agreement between
the parties with respect to the subject matter hereof, and
supersedes all other similar agreements or understandings
between the parties, whether oral or written, consistent
or inconsistent, with these terms and conditions.
No provision of these terms and conditions
shall be deemed waived, amended, or modified by us unless
such waiver, amendment or modification shall be in writing
signed by us.
In the event that any one or more of the
provisions of these terms and conditions shall be held invalid,
illegal or unenforceable in any respect, or the validity,
legality and enforceability of any one or more of the provisions
contained herein shall be held to be excessively broad as
to duration, activity or subject, such provision shall be
construed by limiting and reducing such provisions (or deleting
them if necessary) to the minimum extent necessary to make
them enforceable.
In any action to enforce any of the terms
or provisions of this Agreement or on account of the breach
hereof, the party prevailing shall be entitled to recover
all its expenses, including, but not limited to, reasonable
attorney's fees.
Your indemnity and assignment of all rights
in any material submitted to us and the Site will survive
any change to, or termination of, the terms and conditions.
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