Terms of Service

Thank you for using DrawingView (also “our,” “us” or “we”). These terms of service (the “Terms”) govern each user’s (also “you” or “your”) access to and use of our websites and services (the “Services”); please carefully read them before using the Services.

PROPRIETARY RIGHTS

DrawingView (including but not limited to the DrawingView website and services) is owned and operated by us. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the services by us (the “Protected Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Protected Materials are the property of us or our subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to us, or our affiliates, and/or third-party licensors. Except as expressly authorized by us, you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Protected Materials. We reserve all rights to the Protected Materials not expressly granted in the Terms.

CONFIDENTIALITY

We consider all student information provided to us by you to be “confidential” and not to be shared with unauthorized third parties without prior written authorization.

Further, we agree to comply with applicable provisions of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g.

MODIFICATIONS

We reserve the right to modify these Terms at any time without notice. If you find the Terms unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services, including accessing our website, you agree to be bound by the rules contained in the most recent version of these Terms.

PRIVACY POLICY

Your privacy is important to us. The DrawingView Privacy Policy is hereby incorporated into the Terms by reference. Please read our privacy policy carefully for information relating to our collection, use, and disclosure of your personal information.

DrawingView PLATFORM

Age Limitation. Persons under the age of 13 are not permitted to use DrawingView. Authorization to Invite Users. Authorized representatives of organizations that we contract with may invite users to the DrawingView Platform, provided that the sole purpose of such invitations is to provide services to students of the Contracting Organization that employs the authorized representatives. Authorized student users may also invite users to the DrawingView Platform, provided that the sole purpose of such invitations is to assist such students with their college applications. All other invitations are prohibited. Further to our Privacy Policy, we will not grant an organization authority to invite users to the DrawingView Platform unless: (i) we have contracted with the organization (the “Contracting Organization”) to provide the DrawingView Platform for the use and benefit of the Contracting Organization, and for no other purpose, and (ii) the Contracting Organization, with full notice of our collection, use, and disclosure practices as described in our Privacy Policy, has authorized us to collect personally identifiable information through the DrawingView Platform. In some circumstances (for example at the request of the Contracting Organization), we may decline to grant access to the DrawingView Platform even when the above conditions have been met. If you are a Contracting Organization, you represent and warrant that you have obtained all necessary consents and complied with all laws to invite users and to permit users access to personally identifiable information of the students.

FREE TRIAL, PAYMENT, FEES

Free Trial. From time to time, at our sole discretion, we may offer complimentary access to our website and service for a specified period of time (“Free Trial”). We reserve the right to modify, terminate, or otherwise amend any Free Trial offer we make. If a Free Trial is offered, you are only entitled to one such Free Trial. At the end of your Free Trial you will be required to pay for the Service or discontinue use.

Payment. You may register for any of the paid Services, at which time you will be asked to provide us with a current valid accepted payment method (“Payment Method”). Please note that prices and charges are subject to change with notice, although we endeavor to alert you to changes in fee schedule. We will begin billing your Payment Method upon your registration for a Service. If your Payment Method fails to successfully pay any accrued balance due, your account will automatically expire. All fees are quoted in United States Dollars and all payments made under these Terms shall be in United States Dollars. Fees are exclusive of all local, state, federal, and foreign taxes, levies, or duties of any nature (“Taxes”), and you are responsible for payment of all Taxes, excluding only United States taxes based on our income.

USER CONTENT

User Content Generally. Certain features of the Services permit you to post content (collectively called, “User Content”) and to share or publish User Content on the Services.

Limited License Grant to DrawingView. By posting User Content, you grant us a worldwide, non-exclusive, transferable, sublicensable, assignable, fully-paid, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You retain copyright and any other proprietary rights you hold in the User Content that you post to the Services. Note, however, that we will exploit your User Content in violation of our Privacy Policy or in violation of any state or federal law. User Content Representations and Warranties. By posting and publishing User Content, you affirm, represent, and warrant that:

You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize us and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you under these Terms and in the manner contemplated by us and the Terms;

Your User Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) contain any viruses, adware, spyware, worms, or other malicious code.

User Content Disclaimer. We are under no obligation to edit or control User Content that you and other users post, share or publish, and will not be in any way responsible or liable for User Content. You understand that when using the Services you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright infringing activities on the Services.

DMCA

DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services you may contact our Designated Agent at support@DrawingView.com

Any notice alleging that Protected Materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of the material that you claim is infringing and where it is located on the Services;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the use of the Protected Materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law;

A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter Notices. If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the Designated Agent address listed above that includes the following:

A physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

Repeat Infringers. We will promptly terminate your access to the Services without notice if you are determined by us to be a “Repeat Infringer.” You are a Repeat Infringer if we have notified you of infringing activity violations more than twice and/or if you have had any User Content removed from the Services more than twice.

UNAUTHORIZED USE

You may not, without prior written authorization:

Copy (e.g., into Word file) any Protected Materials or content available on our site or through our services;

Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein or any Protected Materials (as defined below);

Post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;

Post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;

Delete the copyright or other proprietary rights on the Services or any User Content;

Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other users of the Services (this includes, but is not limited to, unsolicited advertising, promotional Protected Materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);

Use our services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

Defame, harass, abuse, threaten, or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;

Use our services for any commercial purpose without our consent;

Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services or User Content;

Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of our site or services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law; or

Modify, adapt, translate, or create derivative works based upon our site, Protected Materials, services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law.

DISCLAIMER OF WARRANTIES

THE SERVICES, AND ALL PROTECTED MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OUR SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. DrawingView INC. AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DrawingView INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. DrawingView INC. DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET SCHOOL’S SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SCHOOL THROUGH THE SERVICES WILL MEET SCHOOL’S EXPECTATIONS, AND (V) ANY ERRORS IN THE DrawingView SITE WILL BE CORRECTED. DrawingView INC. AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. DrawingView INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DrawingView INC. SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DrawingView SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DrawingView INC. OR ITS LICENSORS BE LIABLE TO SCHOOL ON ACCOUNT OF MISUSE OF OR RELIANCE ON THE SERVICES OR DrawingView SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR DrawingView SITE, FROM INABILITY TO USE THE SERVICES OR DrawingView SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DrawingView SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR DrawingView SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DrawingView INC. SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNITY

You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless us and our officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) any claim or allegation of a third party to which we have referred you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

MISCELLANEOUS/CHOICE OF LAW

These Terms control the relationship between you and us. They do not create any third party beneficiary rights. If, following your breach of this contract we do not take immediate action, such inaction shall not be construed to indicate our acceptance of or acquiescence to such breach, nor shall it in no way limit or prevent us from taking action at a future date and time.

If a provision in these Terms is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting the original intent as closely as possible.

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be handled exclusively in the federal or state courts of Alameda County, CA and your use of the Services indicates your consent to venue and personal jurisdiction in those courts.