Drawing Analysis System Terms and Conditions

1. Ownership
The website www.drawinganalysis.com and the Drawing Analysis System application hereafter referred to as (“our website/app”) is owned by Drawing Analysis, Inc. hereafter referred to as (“Owner,” “we,” “us” or “our”).

2. Product Purchases
All products purchased or made available throughout this website/app are for the personal use of the user placing the order, and may not be resold. We reserve the right, in our sole discretion, without notice, to reject, in whole or in part, any order placed through this web site, for any reason whatsoever. Orders may be placed through this web site only by persons who are over the age of 18, and each person placing an order hereby represents and warrants that he or she is over the age of 18. All orders are also subject to the terms and conditions of the purchase order form. Drawing Analysis System has no return policy.

3. Website/App information
While we make reasonable efforts to keep the information and product availability on our web site up-to-date, we make no representation or warranty that the information or product availability data is complete or accurate. We assume no responsibility arising from your use of any information on this website/app which may prove to be untimely or inaccurate, or for the non-availability of products described in our website/app.

4. Intellectual Property Notices
The content of the website/app constitutes the intellectual property of the owner or its licensors, and may be protected by laws related to trademarks, service marks, copyrights, patents, trade dress, and similar rights. Except as expressly permitted in these Terms and Conditions, any unauthorized use of this website/app or its contents without the express written consent of Owner is prohibited.

5. Non-commercial use by members of DrawingAnalysis.com
None of the content posted on DrawingAnalysis.com may be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing. Any illegal and/or unauthorized use of DrawingAnalysis.com, including collecting usernames and/or e-mail addresses of other users by electronic or other means for the purpose of sending unsolicited e-mail is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of DrawingAnalysis.com

6. User’s Representation and Warranties
By using this website/app, the user represents and warrants that the user is 18 years of age or older, or, if a minor, is at least 13 years of age, has parental consent to visit this website/app, and the user’s parent has assumed responsibility to supervise the minor’s use of this website/app. A user who registers on this website/app represents that the user is 18 years of age or older. A registered user who permits another person to use his or her registration to this website/app agrees to pay for all products ordered or charges made by that other person.

7. License
A person who uses this website/app in accordance with these Terms and Conditions (”Authorized User” or “Member”) is granted a revocable, limited, and non-exclusive license to access and to make any lawful personal use of this website/app. An authorized User or Member may bookmark this website/app for his or her personal non-commercial use. No user may link our website/app to another website/app without our prior written consent.

8. Reuse of Content
We maintain this website/app for the information, education, and entertainment of our Users, and to communicate with our Users to promote and provide information about our products, our brand, our company and the beauty and fashion industry in general. The user is authorized to use the website/app for his or her personal, non-commercial purposes. The reuse of the information or content contained in this website/app without the prior written consent of Owner is expressly prohibited.

9. Misuse of Website/app
You agree you will not misuse the website/app by doing any of the following 
(a) use the website/app to violate any applicable law, regulation, or ordinance, or to violate the rights of any other person;
(b) use the website/app or any of its content in connection with the dissemination of any indecent or obscene material;
(c) use the website/app for any commercial purpose other than obtaining the information contained in this website/app or for ordering goods or services made available through this website/app;
(d) monitor, track, copy, or otherwise obtain information about this website/app, its content, or its users by any process of data gathering and extraction software;
(e) take any action that would pose an undue burden or otherwise intentionally damage our infrastructure to unduly or improperly burden or damage the infrastructure of another website/app, network, or computer system;
(f) access or disseminate any information that would constitute a violation of our Privacy Policy;
(g) engage in any other action which we, in our sole and absolute discretion, deem inappropriate or adverse to our interests; or
(h) violate these Terms and Conditions

10. Submissions
All unsolicited submissions, suggestions, ideas, comments, formats or information transmitted to us, whether solicited or unsolicited, becomes our property and may be used by us for any purpose, subject to the terms and conditions of our Privacy Policy. We shall have no obligation to pay you compensation with respect to our use of submitted material.

11. Your Use of Website/app
Your use of this website/app is at your own risk. This website/app and its content are provided “as-is,” without representation or warranty of any kind, either express or implied, including without limitation any implied warranties of use for a particular purpose or merchantability. We shall not be responsible or liable, under any theory of law or any circumstances, for any damages arising out of or in connection with your use of this website/app or of its content, regardless of any legal theory of liability, even if we have been given notice of the possibility of damages. 

The Drawing Analysis System is intended for entertainment purposes only. It has not been statistically validated. It is not a diagnostic tool for any health or mental health conditions. It is a self-administered tool and should not be utilized to make a diagnosis or health/mental health recommendation. 

The Drawing Analysis System is not intended as a substitute for direct consultation with a qualified mental health professional. What any individual chooses to do with the material is a personal decision.

Drawing Analysis, Inc. is not entering into therapeutic relationships or doing psychological assessments, therefore is not obligated under any law to report any misconduct, abuse, or any other obligations that a mental health professional needs to abide by. 

The analysis portion of the program requires users to select from pictorial representations that match their drawings. Drawing Analysis, Inc. cannot govern the users' selection process. Should a user make inaccurate selections, Drawing Analysis, Inc. is not held responsible.

12. Indemnification of Owner
The User agrees to indemnify, defend, and hold harmless Owner and Owner’s agents, affiliates, and suppliers from any liability or loss of any kind relating to the violations of these Terms Conditions. Drawing Analysis, Inc. shall be held harmless if anyone is injured as a result of the use of the Drawing Analysis System.

13. Disputes
Any dispute regarding this website/app or these Terms and Conditions will be governed by the laws of the State of California determined without reference to its principles of choice or law. Any controversy or claim related to this Agreement shall be settled by expedited arbitration in accordance with the expedited Rules of the American Arbitration Association (“AAA”), notwithstanding the amount in controversy, provided that:
(a) the legal and accounting fees incurred in connection with the arbitration by the prevailing party (as determined by the arbitrator) shall be paid by the other party;
(b) the selection of the arbitrator shall be made utilizing the “alternate strike method” from a panel of potential arbitrators provided by the AAA and consisting of not less than (5) persons;
(c) the parties shall have the right of discovery, as provided in section 1283.05 of the California Code of Civil Procedure;
(d) the arbitration shall take place at Los Angeles, California; and
(e) the parties agree that it is their mutual desire that any arbitration hereunder be consummated within 180 days of the assertion of a claim before the AAA


14. General
(a) These Terms and Conditions and any other terms and conditions set forth in the content of the website/app constitute the complete agreement between us regarding the use of the website/app and may not be altered or amended except in a writing signed by Owner.
(b) Owner reserves the right to modify and amend these Terms and Conditions, and any other terms and conditions set forth in the content of the website/app, at any time, with or without notice, in Owner’s sole and absolute discretion.
(c) Owner’s failure to enforce strictly the terms and conditions shall not constitute a waiver of our rights, and we may subsequently insist on strict enforcement of these Terms and Conditions
(d) If any of the Terms and Conditions are determined to be unenforceable, the remaining Terms and Conditions shall remain in full force and effect.

15. Images
All images contained in the website/app are either our property or the property of others duly licensed to us. Any reproduction, copying, or dissemination of such images without our written permission or the written permission of the copyright owner is prohibited.

16. Links
We may provide links or references to website/apps maintained by third parties. While we take reasonable efforts to assure that the content of such website/apps is of interest to our users and that the persons maintaining such websites/apps have adopted appropriate procedures to protect their users’ privacy and the integrity of their systems, we make no representation or warranty regarding the content, information, or products made available on such others, the privacy and security policies of these websites/apps, and we shall not be responsible for any loss or damage arising from or related to the use of such website/apps.

17. Testimonials
Subject to our Privacy Policy, we reserve the right to use any communication you send to us in connection with our online and offline advertising and promotion campaigns, in all cases, without payment of compensation to you.

18. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to copyrightinfringement@DrawingAnalysis.com for notices of infringement and provide the following: 
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed; 
(b) Identification of the copyrighted work(s) that you claim has been infringed; 
(c) A description of the material that you claim is infringing and the location of that material on the Site; 
(d) Your address, telephone number and email address; 
(e) A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

19. FORCE MAJEURE
Notwithstanding any other provisions contained in these Terms, in the event that the performance of any obligation of Drawing Analysis is prevented due to acts of God or any other government restrictions, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond reasonable control of Drawing Analysis, then we shall not be responsible to you for any failure or delay in the performance of its obligations. The terms of this clause shall not exempt, but merely suspend, Drawing Analysis from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

20. NO ASSIGNMENT
You may not assign your rights or obligations under this Agreement without our prior express written consent.

21. MEMBER CONTENT
Drawing Analysis.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, other works of authorship, or any other materials (collectively, “Member Content”) that you post to DrawingAnalysis.com, hereafter “our website/app” After posting your member Content to “our website/app”, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By displaying or posting any Member Content on or though our website/app, you hereby grant to us an irrevocable, fully paid and royalty free, non-exclusive, sub licensable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit and otherwise use such Member Content on and through “our website/app”, third party website/apps, and printed materials used to advertise “our” products.The License you grant to “us” is non-exclusive (meaning you are free to license your Member Content to anyone else in addition to “us”), fully-paid and royalty free (meaning that we are not required to pay you for the use of the Member Content that you post), sublicense-able (so that “our” affiliates and subcontractors such as Internet content delivery networks are able to provide “our website/app”), and worldwide (because the internet, and “our website/app” - are global in reach). This license will terminate at the time you remove your Member Content from “our website/app” except as to any Member Content that “we” have sublicensed prior to your removal of your Member Content from “our website/app”. The License does not grant to “us” the right to sell your Member Content, nor does the license grant to “us” the right to distribute your Member Content other than on “our website/app”, third party website/apps, and printed materials used to advertise “our” products. You represent and warrant that (i) you own the Member Content posted by you on or through “our website/app” or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Member Content on or through “our website/app” does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to be responsible for compensation of any and all royalties, fees, and any other monies owing to any person or entity by reason of any Member Content posted by you to or through “our website/app”.

Content posted by us on “our website/app” (“website/app content”) is protected by copyright, trademark, patent, trade secret and other laws, and Drawing Analysis owns and retains all rights in “website/app content” and in “our website/app”. Drawing Analysis hereby grants you a limited, revocable, non sub-licensable, royalty free license to reproduce and display “website/app content” (excluding any software code) solely for your personal use in connection with viewing and using “our website/app”.

“Our website/app” contains Member Content, “website/app content” and the content licensed by “our” third parties (“licensed content”). You may not copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform, publicly display, or sell any “website/app content” or “licensed content” appearing on or through “our website/app”.

“We” may [edit and/or] delete any Member Content posted on the Website/app that, in the sole judgment and discretion of Drawing Analysis, is undesirable, violates these terms and/or the purpose of “our website/app” and/or which may be offensive, illegal or violates the rights, harms, or threatens the safety of any person or entity. “We” assume no responsibility for monitoring “our website/app” for inappropriate Member Content or conduct. If, at any time, “We” in “Our” sole discretion, choose to monitor “our website/app”, “we” nonetheless assume no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the User submitting any such Member Content.

You are solely responsible for the Member Content that you post on or through “our website/app”, and any material or information that you transmit to other Members of “our website/app” or users of “our website/app” and for your interactions with our Members. “We” do not endorse and have no control over any Member Content. Member Content is not necessarily reviewed by “us” prior to posting and does not necessarily reflect the opinions or policies of Drawing Analysis. “We” make no warranties, express or implied, as to the Member Content or to the accuracy and reliability of the member Content or any material or information that you or other Members transmit to each other.

22. CONTENT / ACTIVITY PROHIBITED
The following is a partial list of the kind of Member Content that is illegal and/or prohibited to post on or through “our website/app”. “we” reserve the right to investigate and take appropriate legal action against anyone who, in “our” sole discretion, violates this provision, including without limitation, removing the offending communication from “our website/app” and terminating the membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in our sole discretion:
(a) Is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) criticizes any business or individual;
(c) harasses or advocates harassment of another person or entity;
(d) exploits any person in a sexual or violent manner;
(e) contains nudity, violence, or offensive subject matter or contains a link to an adult website/app;
(f) solicits personal information from anyone [under 18];
(g) promotes information that the Member knows is false or misleading and/or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) involves the transmission of “junk mail,””chain letters,” or unsolicited mass mailing, instant messaging, ”spimming,” or ”spamming”;
(j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(l) solicits passwords or personal identifying information for commercial or unlawful purposes from other Members or users of “our website/app”;
(m) involves commercial activities and/or sales without “our” prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(n) includes a photograph of another person that you have posted without that person’s content.

Certain activities as set forth below are prohibited on “our website/app”. “We” reserve the right to investigate and take appropriate legal action against anyone who, in “our” sole discretion, violates this provision, including without limitation, reporting violators to law enforcement authorities. Prohibited activity includes, but is not limited to:
(a) criminal activity, including, but not limited to, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(b) any automated use of the system, such as using scripts to add friends or send comments or messages;
(c) interfering with, disrupting, or creating an undue burden on “our website/app” or “our” networks or services connected to “us” or “our website/app”
(d) attempting to impersonate another Member, user of “our website/app” or any other person;
(e) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
(f) selling or otherwise transferring your profile, without our expressed written permission;
(g) using any information obtained from us or “our website/app” in order to harass, abuse, or harm any person or entity;
(h) displaying an advertisement on your profile, or accepting payment or anything of value from a third person or entity in exchange for your performing any commercial activity on or through “our website/app” on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
(i) using “our website/app” in a manner that is inconsistent with any and all applicable laws and regulations

23. COPYRIGHT POLICY
You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and such proprietary material or information. It is our policy to terminate the privileges of any Member or user of “our website/app” who infringes the copyrights of others upon receipt of prompt notification to us by the copyright owner or the copyright owner’s legal agent.

24. MEMBER DISPUTES
You are solely responsible for your interactions with other Members and users of “our website/app”. We reserve the right, but have no obligation, to monitor disputes between you and other members or other users of the “our website/app”.

25. LIMITATION ON LIABILITY
In no event shall we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for products or services provided by us or DrawingAnalysis.com.

26. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

27. ENTIRE UNDERSTANDING
The Terms constitute the entire agreement between you and us regarding the use of “our website/app”. These terms shall operate to the fullest extent permissible by law.

28. NO WAIVER
Any failure by us to exercise or enforce any or all rights or provision of the Terms shall not operate as a waiver of such right or provision

29. HEADINGS
The section titles in these Terms are for convenience only and have no legal or contractual effect.

30. SEVERABILITY
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

31. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of “our website/app/app” or these Terms must be filed within (1) year after such claim or cause of action arose or be forever barred.

32. VIOLATION OF TERMS
Please report any violations of these Terms to us by e-mailing us at: info@DrawingAnalysis.com

If you have any questions regarding these Terms and Conditions, please contact us at info@DrawingAnalysis.com

info@drawinganalysis.com
Drawing Analysis, Inc
1000 Business Center Circle
Newbury Park, CA 91320
1-818-600-1801

www.drawinganalysis.com