I-Draw-PornŠ TERMS OF SERVICE. In compliance
with USA FCC rules, EU IT Directive.
These Terms of Service are a legal agreement between You and I-Draw-Porn© and the services the company and it's
affiliated companies or branches (hereinafter to be collectively called: "I-Draw-PornŠ", "WE" , "Us") offer through its websites
(hereinafter to be collectively called "the Site").
IMPORTANT! PLEASE READ CAREFULLY before using the Site, because by
clicking "I Agree" or by using the Site, you agree to be
bound by its terms as well as the terms of our Privacy Statement which
is hereby incorporated by reference into these Terms of Service. If
you do not agree with or do not wish to be bound by all of the terms
and conditions of this Agreement, do not use this Web site. We reserve
the right to amend these Terms of Service at any time and will post
the amended Terms of Service here.
1.CONTENT AND USER SUBMISSIONS
The contents of the Site service ("the Service") are intended for
the personal, noncommercial use of its users. All materials published on the
Site (including, but not limited to news articles, photographs, images, illustrations,
audio clips and video clips (collectively, the "Content") are protected
by copyright, trademark and all other applicable intellectual property laws,
and are owned or controlled by I-Draw-PornŠ or the party credited
as the provider of such Content, software or other materials. You shall abide
by copyright or other notices, information and restrictions appearing in conjunction
with any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions
and other copyright laws. Except as set forth in Section 1 of these
Terms of Service, you may not modify, adapt, translate, exhibit, publish,
transmit, participate in the transfer or sale of, create derivative
works from, distribute, perform, display, reverse engineer, decompile
or dissemble, or in any way exploit, any of the Content, software,
materials or Service in whole or in part.
You may download or copy the Content and other downloadable items
displayed on this Service for personal, noncommercial use only, provided
that you maintain all copyright and other notices contained in such
Content. Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without the prior written
permission from the Rights and Permissions Department, or the copyright
holder identified in the individual Content’s proprietary rights
notices. You agree that any information, feedback, questions, comments
and/or submissions to any of the Public Forums (as discussed below)
or the like that you provide to us in connection with this Site or
our Services ("Submissions") will be deemed to be provided
to us on a non-confidential and non-proprietary basis and will become
and remain our property. We shall have no obligations of any kind with
respect to any Submissions and shall be free to reproduce, use, disclose
and/or distribute any Submissions for any purpose whatsoever, without
limitation. You also agree that we shall be free to use any ideas,
concepts or techniques embodied in the Submissions for any purpose
whatsoever, including, but not limited to, developing, manufacturing,
and marketing products or services incorporating such ideas, concepts,
or techniques. In addition, you hereby waive all moral rights you may
have in any materials uploaded by you.
If you believe that the content of any Submission provided by you
has been used on the Site in a manner that constitutes copyright infringement,
please provide our Copyright Agent with a written notice (email is
sufficient) that includes the following information: an electronic
or physical signature of a person authorized to act on behalf of the
owner of the exclusive right that is allegedly infringed; identification
of the copyrighted work claimed to have been infringed; a description
of where the material that you claim is infringing is located on the
Site; your address, telephone number, and e-mail address; a statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and a statement
by you, under penalty of perjury, that the information in your notice
is accurate and that you are the copyright owner or authorized to act
on the copyright owner’s behalf.
2. FORUMS AND DISCUSSIONS
This Site makes available chat rooms, forums, message boards, and/or news groups
to its users ("Public Forum(s)"). You shall not upload to, or distribute
or otherwise publish through the Service any content which is libelous, defamatory,
obscene, pornographic, profane, sexually explicit, abusive or which otherwise
violates any law, rule or regulation. Please use your best judgment and be
respectful of other individuals using the Public Forums. You agree not to use
vulgar, abusive or hateful language. Public Forums within the Site and the
Services available therein are provided to give our users an interesting and
stimulating forum in which they may express opinions and share ideas. The Site
does not endorse the opinions placed on these Public Forums. You acknowledge
that any Submissions (e.g. Letter to the Editor, Review or Commentary) may
be reproduced, published, transmitted and displayed by the Site in any manner,
pursuant to Section 1.4, above. The Public Forums shall be used only in a noncommercial
manner. You shall not, without the express approval of I-Draw-PornŠ, use the Public Forums to distribute or otherwise publish any material
containing
any solicitation of funds, advertising or solicitation for goods or services,
or to promote Web sites or online services that are competitive with the Site
and the Service. You agree that you will not submit any ideas for stories,
features, designs, scripts, merchandise or publication of any type.
While we do not and cannot review every message posted by users in
the Public Forums and are not responsible for the content of any of
these messages, I-Draw-PornŠ reserves the right to delete,
move or edit messages that we, in our sole discretion, deem are in
violation of the law (including trademark and copyright law), or these
Terms of Service, or are abusive, defamatory, obscene or otherwise
unacceptable. You shall remain solely responsible for the content of
your messages.
3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
The Site contains links to other related World Wide Web Internet sites, resources
and sponsors of I-Draw-PornŠ. Selection of an ad banner or link
will redirect you off of the Site to a third party Web site. Interactions that
occur between you and the third party are strictly between the you and such
third party and are not the responsibility of Playboy. We are not responsible
for examining or evaluating, and do not warrant the offerings of, any of these
businesses or individuals or the content of their Web sites. I-Draw-PornŠ does not assume any liability or responsibility for the actions, product,
availability
or content of these outside resources. You should direct any concerns
regarding any external link to the site administrator or Webmaster of the third
party Web site.
4. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind submitted
by you or I-Draw-PornŠ use thereof in accordance with the terms
and conditions of these Terms of Service, will (i) violate, plagiarize or infringe
upon the rights of any third party, including, without limitation, copyright,
trademark, privacy or publicity, moral rights, contract or other personal or
proprietary rights; (ii) contain unlawful material; (iii) constitute false
or misleading indications of origin or statements of fact; (iv) slander, libel
or defame any person or entity; or (v) cause injury of any kind to any person
or entity; or (vi) violate any applicable laws, rules, regulations or other
governmental regulations; and (b) that you are at least 18 years old. You hereby
indemnify, defend and hold I-Draw-PornŠ and its officers, directors,
owners, agents, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and against
any and all liability and costs incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of these Terms of Service or
the foregoing representations, warranties and covenants, including, without
limitation, reasonable attorneys’ fees. You shall cooperate as fully
as reasonably required in the defense of any claim. I-Draw-PornŠ
reserves the right, at its own expense, to assume the exclusive defense and
control
of any matter otherwise subject to indemnification by you. You shall
not enter into any settlement agreement which affects the rights of I-Draw-PornŠ without I-Draw-PornŠ prior written approval.
I-Draw-PornŠ neither represents nor endorses the accuracy
or reliability of any advice, opinion, statement or other information
displayed, uploaded, or distributed through the Service by any user,
information provider or any other person or entity. THE SITE, THE SERVICE,
THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY
I-Draw-PornŠ OR THIRD PARTIES THROUGH THE SITE AND THE
SERVICE ARE PROVIDED "AS IS." I-Draw-PornŠ
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY,
FITNESS
FOR A PARTICULAR
USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION,
GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC
FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS
OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. RE & Partners Group
DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES
AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE. You
hereby acknowledge that the use of the Site and the Services available
therein is at your sole risk.
5. Limitation of Liability
I-Draw-PornŠ SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE
OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE
SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY I-Draw-Porn© OR
THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS,
DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE
OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF
THE CAUSE OF ACTION,EVEN IF I-Draw-PornŠ HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Some jurisdictions may not allow the exclusion or limitation of incidental
or consequential damages, so the above exclusions shall only apply
to the extent permissible under applicable law. To the fullest extent
permissible under applicable law, I-Draw-PornŠ aggregate
liability, and the aggregate liability of our licensors, to you or
any third parties in any circumstance is limited to One Hundred U.S.
Dollars ($100).
6. SOFTWARE LICENSES
You acknowledge and agree that you shall have no rights to the proprietary
software and/or any related documentation, enhancements or modifications thereto,
provided to you to access the Service ("Access Software"). You may
not sublicense, assign or transfer any licenses granted to you by I-Draw-PornŠ, and any attempt at such sublicense, assignment or transfer
is void. You may
make one (1) copy of such software for archival purposes only. You
may not copy, distribute, modify, reverse, engineer or create derivative works
from the Access Software.
7. System Integrity
You may not use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction conducted
on the Site. You may not take any action which imposes an unreasonable or disproportionately
large load on our infrastructure. You may not disclose or share your password
with any third parties or use your password for any unauthorized service.
8. TERMINATION
I-Draw-PornŠ may, in its sole discretion, terminate or suspend
your access or refuse service at any time, without notice, to all or part of
the
Service
for any or no reason, including, without limitation, breach of these Terms
of Service or the repeated infringement of copyrights owned by third parties.
I-Draw-PornŠ, including, without limitation, its authorized agents
and employees may terminate your use of the Site without notice in the event
that
you breach any obligation in these Terms of Service, including but not limited
to, (i) restricting, inhibiting or disrupting any I-Draw-PornŠ
event or (ii) attempting to alter or improperly access any feature or function
of
the Site. Your access may also be subject to termination if you post or transmit
any illegal content; harass or threaten any user of the Site or I-Draw-PornŠ employee; post content (including, but not limited to, the creation of
usernames) that
is offensive or otherwise disruptive of Site activities; post
unsolicited advertising; or improperly impersonate a I-Draw-PornŠ employee or other individual.
9. Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract.
This means that the risk of loss and title for such items passes to you upon
our delivery to the carrier.
10. Product Descriptions
I-Draw-PornŠ attempt to describe all of the products
on the Site as accurately as possible. However, I-Draw-PornŠ
does not warrant that product descriptions or other Content of this Site is
accurate,
complete, reliable, current or error-free. If a product offered on our Site
itself is not as described, your sole remedy is to return it in unused condition.
11. MISCELLANEOUS
This Agreement has been made in and shall be construed and enforced in accordance
with dutch law without regard to any conflict of law provisions. I-Draw-PornŠ makes no representation that the Content in this Site is appropriate
for access outside
of the USA. Those who choose to access this Site
from outside the USA do so on their own initiative and are responsible
for compliance with local laws.