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TERMS AND CONDITIONS OF USE OF FUNDRAW.COM
Greg Bulmash and Distressed for Success (herein to be identified as "FunDraw.com") hereby grants you a non-exclusive license to use the FunDraw.com web site, associated software applications, and related artworks (collectively, the "Software") solely in accordance with the terms and conditions of this license agreement ("License"). This License sets forth your rights and responsibilities and other terms and conditions that relate to your use of the Software. Before you use the Software, please read this License as carefully as you would read any other legal document. If you do not agree with all of the terms and conditions of this License, do not use the Software.
2. Reservation of Rights.
FunDraw.com hereby reserves all rights not expressly granted by this License. Nothing in this License constitutes a sale or grant of any ownership rights in or to the Software.
3. Expanded definition of "Software" and rights or permissions granted for their use
The materials available for use on FunDraw.com may be broken down into six components.
- the FunDraw.com Art Studio application
- clipart - which is further broken down into two categories
- public domain artworks
- exclusive artworks
- public domain artworks
- artworks created by yourself or other users via the FunDraw.com Art Studio application
- site text - including but not limited to explanatory text, editorial text, user comments, and other user-generated text
- site video - including but not limited to any animations or video content embedded in site pages
- fonts used on the FunDraw.com site and within the FunDraw.com Art Studio application.
Public Domain artwork on FunDraw.com is readily identified as "Public Domain Artwork" in the clipart library section of FunDraw.com. FunDraw.com reserves no rights in this artwork, but also makes no guarantee of its serviceability. FunDraw.com has been informed by the providers of these artworks that they are in the public domain and that there are no restrictions on their republication or use. If that information proves to be incorrect, the user indemnifies FunDraw.com of any liability for the user's use of the artworks and any consequences ensuing from such use.
Exclusive artworks are those artworks that FunDraw.com has contracted with artists to create exclusively for FunDraw.com. These artworks are the copyrighted exclusive properties of FunDraw.com and are subject to the usage and licensing restrictions set out in Section 4.
Site Text and Site Video are, except where otherwise identified, the exclusive property of FunDraw.com and may not be used outside of FunDraw.com without our written permission.
Fonts are the property of their individual creators. They are used on FunDraw.com and within the FunDraw.com Art Studio application as allowed by their individual licenses. FunDraw.com has made a good faith attempt to only provide fonts for use by the User that have been licensed for free personal and commercial use by their creators. Should the User use such fonts in a manner inconsistent with the license or should it become apparent that FunDraw.com was deceived as to the nature of the licensing for any fonts, the user indemnifies FunDraw.com of any liability for the user's use of the fonts or any consequences ensuing from such use.
Use of user-created artworks (item c) is subject to the usage and licensing restrictions set out in Section 6 of this document.
4. Use of Clipart
Public Domain artworks have their source identified and linked within the FunDraw.com clipart library section. You may copy and use individual public domain artworks from the clipart library without limitation in the scope of use. However, the manner of presentation and categorization of said artworks within the FunDraw.com library is copyright © 2006 by FunDraw.com. You may not reproduce the library presentation or categorization in whole or in part without the express written permission of FunDraw.com.
Artworks identified as exclusive to FunDraw.com are © 2006-2008 by FunDraw.com and all rights are reserved. Such artworks may be copied from the clipart library and used under the following conditions:
A) Permission is granted for personal, use on your own personal web site, or on printed matter (such as t-shirts, stickers, or coffee mugs) made for your personal use or as gifts. You may not re-sell the artworks or offer them for use by others.
B) Use is limited to 3 artworks per web page and 10 artworks per TLD (Top Level Domain). The only exception to this is community web sites where the User is granted a personal web page or web space. In such a case, usage is limited to three artworks per web page and 10 per individual user space. Such use must be initiated and directed by the user.
C) Artworks must be identified as the property of FunDraw.com and any web page on which they appear must contain a notice of copyright "© 2006-2007 FunDraw.com" with the term FunDraw.com hyperlinked directly to "http://www.fundraw.com" and the HREF of the link must contain only "http://www.fundraw.com". The typeface for the statement must be of a font, color, and size such that it is clear and visibly readable.
5. FunDraw.com use of User-Created Artworks
By creating and saving an artwork with the FunDraw.com Art Studio application, the user grants FunDraw.com, its owners, assignees, and successors a perpetual license to that artwork to use, reproduce, recreate, license, sublicense, and create derivative works from it in any medium worldwide without compensation to the user.
6. User Use of User-Created Artworks
Using the FunDraw.com Art Studio application, Users may create new artworks, either through the sole use of the available drawing and text tools, through the use of those tools and/or clipart made available by FunDraw.com, or through the combination and/or editing of artworks created by other users.
Users creating a new artwork using the FunDraw.com Art Studio application are referred to in this section as The Creator. Users wishing to make use of an artwork they did not create are referred to in this section as Users.
All uses of or reference to these artworks on a web page or in any electronic medium must be accompanied by a statement crediting FunDraw.Com as the tool with which the artwork was created. The statement must appear with the artwork wherever the artwork is electronically displayed. When displayed online, the term FunDraw.Com in that statement must be hyperlinked directly to "http://www.fundraw.com" and the HREF of the link must contain only "http://www.fundraw.com". The typeface for the statement must be of a font, color, and size such that it is clear and legible.
Any use of artworks where the User is not The Creator of the work is limited to three artworks per individual web page and ten artworks per TLD (top level domain). The only exception to this is community web sites where the User is granted a personal web page or web space. In such a case, usage is limited to three artworks per web page and 10 per individual user space. Such use must be initiated and directed by the user.
User created artworks fall into the following categories:
A) Completely original works using no clipart and no artworks created by other users, using text and drawing tools only.
The Creator of an artwork that fits this category is free to use it in any manner or medium they see fit. They may copyright the artwork. But any copyright may not interfere with or be used to interfere with the rights granted to FunDraw.com in Section 5 of this document.
FunDraw.com makes such artworks available to Users for personal use only within their own personal web pages or on printed items such as cards, shirts, and stickers. Any offering of the artwork for download, redistribution, or sale in any medium is strictly prohibited. Any other use in any other medium is prohibited without specific written permission from FunDraw.com.
FunDraw.com also makes such artworks available to Users for the creation of derivative works using the FunDraw.com Art Studio application. Use of such derivative works is covered in Subsection B of this section.
B) Works containing public domain clipart and/or completely original works by other users (as defined in subsection A of this section)
Because of the use of public domain artwork and/or the use of artwork created by another user, The Creator should check with their own attorney to see if their artwork is sufficiently original as to allow for copyright by The Creator. If so, any such copyright may not interfere with or infringe upon the rights of the creators of the works used in the creation of the artwork or be used to interfere with the rights granted to FunDraw.com in Section 5 of this document.
To qualify for the usage allowances below, artworks must contain a significant original contribution by The Creator. Otherwise such works are deemed to fall under the usage allowances of subsection D of this section.
FunDraw.com makes such artworks available to Users for personal use only within their own personal web pages or on printed items such as cards, shirts, and stickers. Any offering of the artwork for download, redistribution, or sale in any medium is strictly prohibited. Any other use in any other medium is prohibited without specific written permission from FunDraw.com.
Furthermore The Creator of the artwork may use the artwork on their web site, redistribute it electronically, and put it on printed matter for personal use, redistribution, or sale.
FunDraw.com also makes such artworks available to Users for the creation of derivative works using the FunDraw.com Art Studio application. Use of such derivative works is covered above in this subsection.
C) Works containing FunDraw.com exclusive clip art
To qualify for the usage allowances below, artworks must contain a significant original contribution by The Creator. Otherwise such works are deemed to fall under the usage allowances of subsection D of this document.
FunDraw.com makes such artworks available to Users for personal use only within their own personal web pages or on printed items such as cards, shirts, and stickers for personal use only. Any offering of the artwork for download, redistribution, or sale in any medium is strictly prohibited. Any other use in any other medium is prohibited without specific written permission from FunDraw.com.
All use of such artworks must be accompanied by a clear and legible copyright statement: "This artwork contains clipart that is Copyright © 2006-2008 FunDraw.Com". When displayed online, the term FunDraw.Com in that statement must be hyperlinked directly to "http://www.fundraw.com" and the HREF of the link must contain only "http://www.fundraw.com".
D) Artworks where The Creator has used FunDraw.com exclusive clipart or the works of other Users without making a significant original contribution
Such artworks may be used as personal wallpaper, or printed for personal use. No commercial use or redistribution in any manner is permitted. Furthermore, upon identification, FunDraw.com reserves the right to remove them from FunDraw.com and/or penalize The Creator with suspension of their account.
7. Content restrictions on User-created Artwork
FunDraw.Com seeks to be a fun and safe place for people to create and communicate. To preserve such an atmosphere, the following content restrictions may be enforced at FunDraw.com's discretion.
User-created artwork may not contain the following:
- Profanity
- Nudity
- Glorification or endorsement of illegal activities
- Content that infringes on the rights of a third party
- Content that may be considered racist or hateful
- Content that may be considered to harrass or bully an individual or group
- Content that may be considered to slander or defame an individual or group
- Content that may be considered an advertisement for a product or service such as logos, banners, display ads, or promotional materials (unless The Creator has classified the drawing as such using the classification tool in the Creator's "FunDrawer"). Any artwork containing a URL, business name, or contact information will be considered an advertisement.
Upon identification of an artwork violating the content restrictions, FunDraw.com reserves the right to remove the artwork from FunDraw.com, and/or alter the artwork and/or penalize The Creator with suspension of their account.
Determination of what constitutes a violation of the content restrictions, and what action will be taken to rectify the violation, is at the sole discretion of FunDraw.com, its staff, and assigned representatives. Any determination may be considered final and FunDraw.com is under no obligation to grant The Creator an appeal.
As FunDraw.Com understands that a Creator may wish to use FunDraw.com to create a promotional logo or advertisement for redistribution, FunDraw.com provides a tool for The Creator to identify advertisements or promotional materials. Failure to identify advertisements or promotional materials may be considered a violation of subsection H of this section and such artworks may be deleted as spam.
8. Collection of User Data, Use of Cookies, and Privacy Policy
FunDraw.com collects certain data about users of its site. This section details what data is collected and limitations on our use of it.
Recently there was a debacle in which AOL "accidentally" shared the search activities of over 600,000 users. They attempted to anonymize the identities of individual users with numerical codes, but by grouping the search terms by those codes, some users could still be identified. We would like to assure our users that we will make a good faith attempt to prevent such detailed information about our users from ever becoming publicly available.
A. Collection and sharing of data about unregistered users
FunDraw.com may collect and store such data as is provided by the HTTP (HyperText Transfer Protocol) requests made by the user. This includes but is not limited to the user's IP (Internet Protocol) Address, identification of the browser application and operating system being used by the user, the referring web page or site, the time and date of the HTTP request, and browser characteristics.
This information is stored in our web server logs and may be used in the aggregate to provide statistics about the general usage of our sites. Additionally, we may store user IP address and time/date of access information in a separate database for security purposes.
Our server logs may, at our discretion, be shared with third parties for auditing or security purposes.
Our server logs will never be intentionally be shared with the general public, though we may share aggregate statistics derived from them.
When posting comments as an unregistered user, we may store all of the information mentioned above as well as that intofmation you enter into the comment form. Additionally, information from the comment and the HTTP request may be shared with Akismet for purposes of spam control.
B. Collection of data about registered users
Data collected and stored about registered users includes all data defined in Subsection A of this section. It also includes the user's e-mail address, their chosen user name and password, the time and date they registered, any information they voluntary enter in their user profile, any comments or ratings they may post to our site, and information about the artworks they create and or download.
Posted comments, information voluntarily entered in their user profiles, and information about the artworks they create, can and generally will be made public.
Additionally we may derive and share aggregate statistics from such information detailed in this subsection.
When posting comments, information about registered users shared with Akismet for spam control purposes will not be any more detailed than that shared about unregistered users.
C. Use of Cookies
FunDraw.Com uses cookies and PHP sessions to store login and registration information about registered users. We make reasonable attempts to secure that information and use it only for the purpose of providing site personalization features and access to site features that are limited to registered users.
Cookies are not used to track user activity except to the extent that the information in the cookies is needed to provide the personalization and access described above.
D. Data Collection and Cookie Usage By Third Parties
On occasion, FunDraw.com may insert or embed content in our site that is provided by third parties. When that content is delivered from servers controlled by those third parties, they may have the ability to collect HTTP request data about users and/or serve the user a cookie to be stored in their browser.
Security measures are taken to ensure that third parties cannot read FunDraw.com cookies or link personally identifiable information in your HTTP request to personally identifiable information you have provided to FunDraw.com.
E. E-mail Addresses
FunDraw.Com may use the e-mail address you provide when registering to:
- Communicate with you regarding your account (validation of your e-mail address, lost password requests, etc.)
- Communicate with you regarding important changes to the site (such as changes to the terms and conditions)
FunDraw.com will not share your registration e-mail address with third parties or mail you advertisements on behalf of third parties.
Addresses collected for subscriptions to the newsletter are collected by our list-management vendor, AWeber and are governed by the "Customer Lead Information" section of their privacy policy.
F. Hacking and Intrusions
While we make an effort to guard against hacking and intrusions, there is no way for any web site to guarantee they are 100% immune to them. In the event that any user data is compromised by hacking or intrusion, we will make a best-effort attempt to notify the affected users.
By using our site, you agree that this notification will be the full extent of our liability.
9. Limitation of Liability
You, the user, agree that FunDraw.com, its agents, owners, assignees, and successors may not be held liable for any failure to provide access to our site or servers, failure to store data or failure to preserve data. Furthermore, the user acknowledges that ability to access and use the site and any content or software contained within the site is the sole responsibility of the user. Any costs incurred by the user to access or use the site and any content or software contained within the site are the sole responsibility of the user.
All artworks and clipart are provided to users by FunDraw.com on the good faith belief in our users' and providers' assurances that the materials and their use do not infringe upon the rights of third parties. In the event that we receive duly executed legal notification that there is infringing material on our site, we reserve the right to restrict or remove access and usage rights to that material and any artworks that use or derive from that material.
FunDraw.com, its owners, assignees, agents, and successors cannot be held liable for any loss of access or usage rights to affected artworks and clipart or for any losses incurred by users related to their use of those materials.
10. Liability of Users for their Artworks
In the case that a user creates an artwork that infringes on the rights of a third party through the content that user contributes to that artwork, the user assumes all liability for that infringement. If FunDraw.com, its owners, agents, assignees, or successors should suffer loss due to this infringement, the user agrees to provide full compensation for any losses and expenses incurred as a direct or indirect result of that infringement.
11. Jurisdiction and Applicable Law
All terms and conditions in this document are under the jurisdiction of the laws of the State of Washington and Snohomish County, Washington. Any disputes arising out of your use of this site must be adjudicated within Snohomish County, Washington.
You agree that if any portion of this document is deemed to be invalid, only that portion of the document will be affected. All other portions will stand.
