Legal Terms & Conditions
|All users of this website agree that access to and use of this website are subject to the following terms and conditions
and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Draw Ltd. The collective work includes works that are licensed to Draw Ltd. Copyright 2010, Draw Ltd. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Draw Ltd. or to purchase Draw Ltd. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Draw Ltd. in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
Trademarks / Intellectual Property
All trademarks, service marks and trade names of Draw Ltd. used in the website (including but not limited to the Draw Ltd. name, the stick figure "Stephen" and any combinations of the two, or stylistic interpretations of "Stephen") are trademarks or registered trademarks of Draw Ltd. They may not be used without Draw Ltd's prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of Draw Ltd.
All orders placed through the website are subject to Draw Ltd's acceptance, which is in its sole discretion. Without limitation, this means that Draw Ltd. may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, Draw Ltd. shall issue a credit to your credit card account.
User Generated Content
You acknowledge and agree that Draw Ltd. has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, Draw Ltd. reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk.
Use of Information Submitted
You agree that Draw Ltd. is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website, or contained in any communication you may send to Draw Ltd. or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written 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 (6) 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Draw Ltd. actual knowledge of facts or circumstances from which infringing material or acts are evident. Draw Ltd.'s owner for notice of claims of copyright infringement can be reached as follows:
Name: Jordan Roland
Address: 52 Brewer Road, Newburgh, NY 12550
We suggest that you consult your legal advisor before filing a notice with us. You should note that there can be penalties for false claims under the DMCA.
Draw Ltd. may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
You agree to indemnify, defend, and hold harmless Draw Ltd., its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DRAW LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DRAW LTD. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DRAW LTD. DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DRAW LTD. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DRAW LTD. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
DRAW LTD. SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH
THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF DRAW LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your use of this website shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Draw Ltd. products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Orange County, New York. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of Draw Ltd. products) just be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from Draw Ltd. You agree that any notice, agreement, disclosure or other communication that Draw Ltd. sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Draw Ltd's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Draw Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you.
These terms and conditions are applicable to you upon your accessing the website. Draw Ltd. reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Draw Ltd. without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.