Terms and Conditions
Introduction
Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by DrawForAll, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.drawForAlls.com and all elements, software, programs and code forming or incorporated in to www.drawForAlls.com (the "Service"). This Service is operated by DrawForAll, LLC. ("DrawForAll"). DrawForAll is also referred to in these Terms as "we", "our", and "us".
DrawForAll provides a web application ("Software") that allows a user to maintain a social user account as well as the option of creating an online store through which they can sell services online. DrawForAll has no involvement in the consummation of a contract between a seller and a buyer.
By using our Service, you ("User" or "You," or “Your” which collectively includes You and any other person or entity on whose behalf You may be acting) agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the DrawForAll website (the "Site"). If you choose to register as a member of our Service or purchase products from the DrawForAll Shop, you will be asked to check a box indicating that you have read, fully understand, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").
Section I: General Terms
1. Availability
This Service is provided by DrawForAll on an "AS IS" and "AS AVAILABLE" basis and DrawForAll reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that DrawForAll is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
DrawForAll has a firm commitment to safeguarding your privacy. Please review DrawForAll Privacy Policy. The terms of DrarForAll's privacy policy are incorporated into, and form a part of, these Terms.
3. Copyright
DrawForAll is, unless otherwise stated, the owner of all copyright and data rights in the Service. Individuals who have posted works to DrawForAll are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of DrawForAll or the appropriate owner of copyright in such works.
You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
DrawForAll does not claim ownership rights in your works or other materials posted by you to DrawForAll (Your Content). For the sole purpose of enabling us to make your Content available through the Service, you grant to DrawForAll a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content.
Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on DrawForAll any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. Reporting Copyright Violations
DrawForAll respects the intellectual property rights of others and expects users of the Service to do the same. At DrawForAll's discretion and in appropriate circumstances, DrawForAll may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others.
If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please you must be registered and verified at Drawforall.com, later contact DrawForAll's agent for notice of claims of copyright infringement, use info@drawforalls.com. You must provide our agent with substantially the following information, which DrawForAll may then forward to the alleged infringer, for further details:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please see DrawForAll's Copyright Policy for further information and details.
5. External Links
DrawForAll may provide links to third-party websites or resources. You acknowledge and agree that DrawForAll is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DrawForAll of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6. Conduct
You agree to defend, indemnify, and hold harmless DrawForAll, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
While using the Site You agree that you shall not:
- Be false, misleading, inaccurate or include inaccurate, misleading or false information to a seller or on portfolio which You maintain.
- Provide any information to DrawForAll that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
- interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service.
- Act in a fraudulent way or become involved in the sale of stolen or counterfeit items.
- Violate any local, state, federal or other applicable laws or the rights of third party parties.
- Access or use the Site if You are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or indefinitely suspended from the Site.
- Fail to deliver payment for items purchased by You.
- Fail to deliver items purchased from You if You are a Seller.
- Infringe on another party’s right, title and interest in and to their intellectual property including copyrights and trademarks.
- Interfere with the sales of other online sellers in any way that injures, damages or negatively affects their use and enjoyment of the Site
- Be libelous or defamatory with any information posted on the Site.
- Disseminate or display spam, chain letters or pyramid schemes.
- Contain or transmit code or employ other actions which may harm DrawForAll, the Site, the content or the interests or property of DrawForAll’s users.
- Copy, modify, or distribute content from the Site and/or DrawForAll’s copyrights and trademarks unless agreed to by DrawForAll.
- Collect information about users, including email addresses, without their consent.
- Disseminate or display content or information that (a) is offensive or inflammatory, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individuals; (b) promotes illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices, or (c) provides pirated content or links to pirated content files.
- Be obscene or post any information that contains pornography including child pornography.
- Violate the Seller's Agreement, as the case may be, if You are a seller.
- Use any automated means to access the Site for any purpose without the express written permission of DrawForAll.
- Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the ability to operate the Site as determined solely by DrawForAll
7. Disclaimer of Warranty and Limitation of Liability
DrawForAll makes no representations or warranties of any kind, express or implied as to the operation of the service, or the content or products, provides, through the service. You expressly agree that your use of the service is at your sole risk. DrawForAll disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
DrawForAll makes no warranty as to the security, reliability, timeliness, andd performanceof thhis service. You specifically acknowledge that DrawForAll is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressly assume all risks and responsability for damages and losses arising from such conduct. Except for the express, limited remedies provided herein, and to the fullest extent allowed for law, DrawForAll Shall not be liable for any damages of any kind arising from use of the service, including but no limited to direct, indirect, incidential, consequential, special, exemplary, or punitive damages, even if DrawForAll has been advised of the possibility of such damages.
The foregoing disclaimers, waivers and limitations shall apply notwhitstanding any failure of essential purpose of any limites remedy. Some jurisdictions do not allow the exclusion of or limitations on certain warranties or damages. Therefore, some of the above exclusions or limitations may not apply to you. In no event shall DrawForAll'S aggregate liability to you exceed the amounts paid by you to DrawForAll pursuant to this agreement.
8. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we may notify you of any material changes to these Terms (and the effective date of such changes) by sending a notification on the Site. In addition, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
9. General
These Terms constitute the entire agreement between Drawforall and you with respect to your use of the Service. DrawForAll's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. DrawForAll shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of DrawForAll. These Terms shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Florida.
10. Comments
If you have any comments or questions about the Service please contact us by email at info@drawforalls.com.
Section II: Additional Terms
1. Personal information
Your submission of personal information through the store is governed by our Privacy Policy.
2. Registration
To register as a member of the Service for purchase or sell products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. If any member fails to signup with their correct age, their account will be terminated immediately.
To register, fill out the information required and submit. You will receive an e-mail shortly asking you to verify your e-mail address. If you do not receive an e-mail within a few minutes make sure to check your spam or junk folders. If you still have not received an e-mail please contact us through the contact form and we will get you manually registered. Also, please be advised that some e-mail providers such as School/College e-mail accounts and some Free Services will block our address by policy. Please make sure to white list our e-mail to ensure delivery but we cannot guarantee delivery to some accounts due to policy out of our control. Please contact us directly for assistance registering.
3. Account Verification
Once registered, users will be required to verify their identity (Name, Address, etc) in order to buy or sell. To do this you will need to send a photo/scan of an Identification card, (Please make sure no Social Security #'s are included), an selfie with card identification.Once verified, your images will be promptly deleted and not stored on file (See our Privacy Policy for more Information You will be notified of the verification result via your email.
4. Password
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify DrawForAll of any unauthorized use of your password.
5. Storage Policy
At this time, DrawForAll provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that DrawForAll may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on DrawForAll's servers. Furthermore, you acknowledge that DrawForAll reserves the right to terminate or suspend accounts that are inactive, in DrawForAll's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). DrawForAll shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that DrawForAll reserves the right to modify its storage policies from time to time, with or without notice to you.
6. Submitting Content
As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the DrawForAll website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the DrawForAll website, subject to your compliance with the Terms.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
7. Drawman Materials
As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Drawman Materials," for display on your user page. Prior to submitting Drawman Materials, you must accept the additional terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, the Terms.
8. Products or Services (if applicable)
All products or services are available exclusively online through the website. These products or services are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of seller. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9. Monitoring Content
DrawForAll has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
10. Conduct
You agree to be subject to and to conduct yourself in accordance with the DrawForAll Terms at Section 1.
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer to DrawForAll's Copyright Policy for further details at Section 1.
You agree not to use the Service:
- for any unlawful purposes,
- to upload, post, or otherwise transmit any public and shared content (content which you offer for free) that is pornographic, obscene, offensive, blasphemous, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable,
- to upload, post, or otherwise transmit any subscription or paid content featuring pornographic material of real people, which offers sexual services, which glorifies sexual violence, fringe sexual fetish creations, fetish creations that are hard to distinguish from non-consensual sex, or that is obscene, offensive, blasphemous, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or
- publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable,
- to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13,
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
- to upload, post, or otherwise transmit any material which is likely to cause harm to DrawForAll or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service,
- for any commercial purpose, except as expressly permitted under these Terms
- to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from DrawForAll by hyperlink and not to compete with DrawForAll.
Section III: Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than DrawForAll.
1. Registered members
Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member.
Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without DrawForAll's written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Section 1 - Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.
2. Accuracy of billing and account information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
3. Suspension and Termination of Access and Membership
You agree that DrawForAll may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the DrawForAll Site, in DrawForAll's sole discretion, if you fail to comply with the Terms or applicable law.
Account suspension can apply to offenses either by buyer or seller. Depending on the severity of the offense, a determination will be made by our staff in the best interest of the website. The general rule of thumb is a three strikes policy. As a buyer or seller if you are reported three times for not following through with a sale or purchase, you will be notified the first time and reminded of the policies. The Second offense will be grounds for suspension. As a seller, any pending auctions will be closed along with any store listings and as a Buyer, any bids made will be null and void and the account suspended.
4. Abuse Report
If an Abuse Report is filed against your listing you may be contacted to provide evidence of the item you have for sale or for further information. The DrawForAll will not get in the middle of disputes between buyer/sellers. Additional information may be required for you to provide dated/signed photos of the items/art/etc for sale, or show proof of ownership to sell.
5. Product Purchases from the Drawforall Shop
All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Delivery dates are provided as an estimate only.
In general, DrawForAll accepts returns on defective products or incorrect orders within three (3) days after receipt of your order. Please contact DrawForAll at https://drawforalls.com/tickets/. If you do need to make a return, simply send a copy of your invoice or order acknowledgement. Returns can be for replacement or refund. Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.
Except as expressly provided in this paragraph 5, any product purchased through the DrawForAll Shop is provided on an "as is" basis. DrawForAll's sole obligation, and your sole and exclusive remedy, with respect to any defective product purchased through the DrawForAll Shop Shall be for DrawForAll to Provide a replacement or refund, as specified in te preceeding paragraph
6. Dispute
If a dispute arises between You and DrawForAll, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a "Claim") against DrawForAll in accordance with one of the options provided below or as We and You otherwise agree in writing.
This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions.
Option One - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties in the greater Orlando, Florida area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in Florida.
Option Two - For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either You or Us for arbitration to the Orlando, Florida office of the American Arbitration Association. Such arbitration proceedings will be conducted in Orlando, Florida and will be heard by one arbitrator in accordance with the then current commercial arbitrations rules of the American Arbitration Association. Such arbitrator will be a lawyer of recognized standing and expertise in the area of commercial transactions.
DrawForAll retains the right to limit, suspend, or terminate Services for any user, prohibit access to the Site and take other actions deemed appropriate by DrawForAll to keep users off the Site if We conclude a user is in violation of the Terms or other agreement with DrawForAll.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and the Site and Your listing, sale, acquisition, advertising of offers to sell and purchase goods and services.
You and DrawForAll are independent of one another and consequently, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
These Terms are effective , for current users, and upon use of the Site by a new user. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between Us with respect to the subject matter hereof.
Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by You.
Payments made by credit card are made through the Stripe service, so read Stripe's privacy policies for more information.
Section IV: Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section V: Contact
For your confidence and security, you can contact us: .
Company name: Draw For All, LLC
Emails: drawforall.master@gmail.com, info@drawforalls.com
Whatsapp: +5511975543566
Contact name: Alejandro Reyes