TERMS OF USE

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Welcome to www.Fun2draw.com (the "Site").

BEFORE ACCESSING AND USING THE SITE, PLEASE READ THE FOLLOWING TERMS OF USE AND THE PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE AND THE PRIVACY POLICY, DO NOT USE THIS SITE. BY USING THIS SITE, YOU WILL BE DEEMED TO HAVE IRREVOCABLY AGREED TO THESE TERMS OF USE AND THE PRIVACY POLICY.

 

CONDITIONS OF USE

By using this Site, you signify your consent to these Terms of Use. If you do not agree with these Terms of Use, please do not access or use the Site. The Site is owned and operated by Mei Yu. It is meant only for your personal home entertainment, information, and education. By accessing, browsing, clicking, emailing, and downloading on and from the Site, you acknowledge that you accept these Terms of Use and any other additional User Agreements found on their respective pages within the Site, without limitation, restrictions, or qualification.

IF YOU ARE USING THE SITE WITHIN A COMPANY, you represent and warrant that you are authorized to enter into these Terms of Use on behalf of the company. Furthermore, you acknowledge that the rights to use the Site, which are granted to you and the company under this agreement, are expressly conditioned upon acceptance by such authorized personnel of the company.

Access to the Site is allowed on a temporary basis and Mei Yu reserves the exclusive right to withdraw, modify, or terminate any service provided on the Site without notice, for any reason. Mei Yu and her partners, sponsors, and associates are not liable if the Site, in any part or whole, is unavailable for any time or for any period, for any reason.

Mei Yu retains the sole right to, at any time, modify, change, or add to these Terms of Use, effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting on the Site a revised version of these Terms of Use. Whether or not you have reviewed such changes to these Terms of Use, your access and usage of the Site signifies your irrevocable agreement to such changes. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions. If upon reviewing such changes, and if any such change is unacceptable to you, you will discontinue your use of the Site and stop accessing the Site.

By using and accessing the Site, you agree to review these Terms of Use on a periodical basis to be aware of such changes. Your use of the Site may be subject to additional terms, rules, and regulations that Mei Yu may post on the Site in the future, including but not limited to, different conditions from third party content providers in connection to third party content, products, or services that are accessible through the Site.

If any individual, group, or company causes loss or damage to any person as a result of accessing or using the Site, you agree to indemnify Mei Yu, and her partners, sponsors, and associates in full against all claims made against them.

 

CONDITIONS OF LINKING TO www.FUN2DRAW.com

Mei Yu grants you a non-exclusive, limited license, revocable at her discretion, for you to link to the Site's home page from any site you own or control that is not commercially competitive with www.Fun2draw.com and does not criticize or otherwise injure Mei Yu, her partners, sponsors, and associates, or the Fun2draw brand, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property, or other legal rights of others or, in any way, post, publish, distribute, disseminate, or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, or illegal/unlawful information, topic, name, or other material, or that violates the spirit of what Mei Yu and Fun2draw represents.

You may not use any logo, graphic, or trademark as part of the link without express prior written permisson from Mei Yu.

Moreover, Mei Yu expressly prohibits other sites to link to the home page of the Site in such a manner that suggests, implies, or can be interpreted in any way that any part of the Site is part of another web site. Specifically, third parties MUST NOT enclose any part of the Site using any technique(s), including, but not limited to, framing.

 

RESTRICTIONS ON USE OF MATERIALS

Content and materials found on the Site are protected, nationally and internationally, by copyright and trademark laws. No content or materials (including without limitation the text, graphics, photos, images, audio, music, and/or video) (individually and collectively the "Materials") from the Site, may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, displayed, or distributed in any way or decompiled, reverse engineered, or disassembled, except that you may download only one copy of each of the Fun2draw Free Gift Drawings found on the Freebies page, which is expressly so designated, and in such event, only on any single computer for your personal, non-commercial, and non-profit home use, on the condition that you neither change nor delete any author attribution, legend, or copyright notice.

WHEN YOU DOWNLOAD COPYRIGHTED MATERIAL, YOU DO NOT OBTAIN ANY OWNERSHIP RIGHTS IN THAT MATERIAL. ANY COMMERCIAL USE TO ANY OF THE COPYRIGHTED MATERIAL THAT YOU DOWNLOAD FROM THE SITE IS STRICTLY PROHIBITED.

Modification of the Materials or use of the Materials for any other purpose is a violation of Mei Yu's and / or third parties' copyright, trade-mark, and / or other proprietary rights. The use of any such Materials on any other website or networked computer environment is prohibited without Mei Yu's express written consent.

You and anyone else on your behalf may not use any content or materials found on the Site, including, but not limited to, Mei Yu's images, photos, names, artworks, videos, video titles, music, audio, the name "Fun2draw", Fun2draw character designs, logos, apps, app designs, app characters, app titles, icons, other characters, or any other content, to commit or encourage a criminal offence, to include in any unsolicited advertisement or other promotional material (that is, "spam"), to conduct, advertise, or forward competitions, surveys, chain letters, or any other materials or publications that is distributed to the public either by digital means including, but not limited to, forums, message boards, in emails, in text messages, in instant messaging, chat rooms, on other web sites, blogs, in any other digital media such as videos or images, on TV, on the radio, or by physical means including, but not limited to, mailers, flyers, coupons, business cards, signs, posters, bulletins, billboards, on products, on merchandise, in publications, newsletters, newspapers, or in any display or physical item.

Moreover, if you or anyone else on your behalf have encountered or become a target of such unsolicited advertisements, or other promotional materials, spam, or any offence that includes or features the unsolicited usage and/or inclusion of any of Mei Yu's images, photos, pictures, designs, the name "Fun2draw", Fun2draw characters, any other characters, names, videos, video titles, music, audio, logos, apps, app designs, app characters, app titles, icons, or other pieces of creative property by Mei Yu, you agree that Mei Yu and her partners, sponsors, and associates are not liable for such materials, including but not limited to, its creation, distribution, or the individuals or groups behind such materials, and you agree that Mei Yu and her partners, sponsors, and associates will not compensate you or aid you in such circumstances.

Furthermore, you and anyone else on your behalf may not use spiders, robots, spyware, malware, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Site. You may not take any action including, but not limited to, hacking into the Site or email addresses found on the Site, spreading viruses or malware, or undergoing any other activity to interfere with or disrupt the Site, circumvent security measures, or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You warrant that you will take full responsibility for all legal and financial damages, losses, claims, and/or fees as a result of your inability to follow this policy, or any other policy or User Agreement found on the Site.

You and anyone else on your behalf agree to not create, use, modify, or distribute anything that includes, imitates, links to or features any Materials or content made available by Mei Yu, including, but not limited to, content on the Site, in any of Mei Yu's current and future shows, videos, publications, products, apps, books, clothing, images, designs, drawings, characters, logos, names, titles, projects, pieces of creative properties, the name "Fun2draw", or anything else, in a manner, whether intentional or accidental, that can be implied, interpreted or be understood as, demeaning, discriminating, harmful, distasteful, disrespectful, or seen in a negative, questionable, or controversial manner, to any group, entity, race, religion, political group, gender, age, or any group(s) in regards to their sexual orientation or lifestyle choice, or anyone else. You and anyone else on your behalf agree that Mei Yu, and her partners, sponsors, and associates will NOT be liable for any and all claims arising from such circumstances, and that Mei Yu, and her partners, sponsors, and associates will not aid or compensate you or anyone else on your behalf in such circumstances, and you will bear full responsibility and cost(s) in such circumstances.

Fun2draw is a registered trademark owned by Mei Yu. Fun2draw, its logo, design, Fun2draw drawings, Fun2draw apps, Fun2draw videos are copyrights and / or trademarks of Mei Yu. All other trademarks and servicemarks are the property of their respective owners. You may not use or display any trademarks or servicemarks owned by Mei Yu without her prior written permission. You may not use or display any other trademarks or servicemarks displayed on the Site without the written permission of their owners.

 

YOUR CONTACT WITH ADVERTISERS AND OTHER THIRD PARTIES

This Site contains advertising. Mei Yu is not responsible, and cannot control what kinds of advertisements appear on the Site. Additionally, Mei Yu and her partners, sponsors, and associates makes no representation whatsoever regarding the content of any other web sites that you may access from this Site, either by clicking on a link or clicking on an advertisement. Mei Yu, her partners, sponsors, and associates have no control over the content of any other websites that you may access. A link or advertisement link to a website that is not part of this Site (www.Fun2draw.com) does not mean that Mei Yu, her partners, sponsors, and associates endorse or accepts any responsibility for the content, use, products, services, or anything else of such a web site or offer. When you click a link to another site, you are no longer on www.Fun2draw.com, and you are subject to the privacy policy, terms of use, and other user agreements of the new website. You access and use such sites, including the content, items, or services on those sites solely at your own risk. You agree that Mei Yu, her partners, sponsors, and associates have no responsibility or liability for the availability of such external sites and resources, or for the content, advertising, products, or other materials available through such sites or resources.

Furthermore, your dealings with advertisers or other third parties found on or through the Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, any terms, conditions, warranties, or representations associated with such dealings. Mei Yu, her partners, sponsors, and associates does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Mei Yu, her partners, sponsors, and associates will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Site.

Moreover, you agree that Mei Yu and her partners, sponsors, and associates will not assume any responsibility, and will not aid you, in the event you suffer loss or damage from any website you accessed from clicking on an adverstisement found on the Site. Additionally, Mei Yu, her partners, sponsors, and associates will not be liable for any damages to, or viruses or other harmful components that may infect, your computer(s), equipment, hard drive(s), software, application(s), file(s), data, or any other components, or other property(ies), on account of your access to, use of, or clicking on the advertisements and links to third party websites found on the Site. You (and not Mei Yu or her partners, sponsors, and associates) assume the entire cost of all necessary servicing, repair, or correction to your computer(s), network(s), system(s), data, application(s), and/or equipment(s).

 

SUBMISSIONS & REQUESTS

Mei Yu does not accept any submissions, requests, viewer questions, fan mail, or fan art on the Site. Additionally, Mei Yu does NOT accept or consider unsolicited creative ideas, writing, artwork, suggestions, or materials.

The email provided on the Site ("fun2draw(at)yahoo(dot)ca") is for Business purposes ONLY. Any submissions, requests, viewer questions, fan mail, or fan art, or any unsolicited creative ideas, writing, artwork, suggestions, or materials that is sent through this email address will not be read (see "BUSINESS EMAIL" section below).

 

BUSINESS EMAIL

The email address provided on the Site (fun2draw(at)yahoo(dot)ca) is for Business purposes ONLY.

PLEASE DO NOT SEND ANY UNSOLICITED IDEAS, DESIGNS, LOGOS, OR ANY OTHER PIECES OF CREATIVE WORK before project confirmation. Project confirmation will be determined by you and Mei Yu through email communication once both parties are satisfied with the project details, rights of use, and pricing.

MEI YU WILL NOT VIEW, REVIEW, OR CONSIDER ANY UNSOLICITED CREATIVE SUBMISSIONS, EITHER THROUGH A VISUAL PIECE OF WORK OR A WRITTEN PIECE OF WORK, unless it is solely for a business project and ONLY UPON BOTH PROJECT CONFIRMATION AND CONTRACT AGREEMENT WITH MEI YU. Please understand that this policy is intended to avoid the possibility of any future misunderstandings in the event that projects developed by Mei Yu, her professional staff, or her partners, sponsors, and associates, might seem to others to be similar to their creative work. In addition, Mei Yu strictly and expressly ask that you do NOT send her, and that she will NOT accept, consider, or review, any file attachments, or any photos, pictures, drawings, sketches, songs, stories, character ideas, screenplays, names, titles, poems, or any other piece of your original creation, either digitally, including but not limited to, email or links, or physically, including but not limited to, mail.

If, despite our request, you send us any creative ideas, suggestions, notes, drawings, songs, concepts, designs, or other information, unsolicited personal, or commercial material, or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggest, or such similar items (the "Information"), then by such action you have waived any and all proprietary rights which you may have in such materials.

The Information shall become the sole and exclusive property of Mei Yu, and will not be returned at any time. No Information submitted will be subject to any obligation of confidence by Mei Yu, and her partners, sponsors, and associates. By submitting any Information to Mei Yu, by means including but not limited to, using the Business email address found on the Site or by regular mail, you agree that Mei Yu and her partners, sponsors, and associates will not be liable for any use or disclosure of any Information submitted by you. Mei Yu and her partners, sponsors, and associates shall exclusively own all known and hereafter existing rights to the Information of every kind and nature throughout the universe, shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, and Mei Yu, her partners, sponsors, and associates shall not owe any compensation to the provider(s) of the submitted Information or to any third party, in perpetuity.

Therefore, it is your sole responsibility to ensure that the Information you submit to Mei Yu through the Site is considered to be non-confidential and non-proprietary. You irrevocably agree that Mei Yu and her partners, sponsors, and associates may edit, reproduce, distribute, sub-license, transfer, publish, display, or otherwise exploit any Information sent by you or anyone else on your behalf. You agree that you will waive any and all moral rights that you, and anyone else on your behalf, may have in any Information submitted, either by digital means including but not limited to, email addresses or through the Site, or by physical means including, but not limited to, Mei Yu's physical mailing address, in whole or in part, in any form, and indefinitely.

You must use the Business email address found on the Site in full accordance with these Terms of Use. If you fail to use Business email address according to these Terms of Use, you agree that whatever misunderstanding, legal conflict, or any other disagreement, objection, claim, loss, damage, or any other conflict is resulted from your inability to follow these Terms of Use, and you and anyone else on your behalf agree that Mei Yu and her partners, sponsors, and associates are NOT liable and will NOT compensate or aid you, or anyone else on your behalf. Therefore, you agree that it is your sole responsibility to read, understand, and follow these Terms of Use if you are sending any email using the Business email address found on this Site.

Due to Mei Yu's demanding schedule, she cannot read, review, or reply to every Business email inquiry she receives, nor can she guarantee that your email will be immediately read or reviewed. Furthermore, Mei Yu may edit, withdraw, or terminate the Business email address on the Site without further notice.

 

DISCLAIMER

The Site, including all content and services, are provided on an "as-is" basis and without warranties of any kind either express or implied. Mei Yu and her partners, sponsors, and associates do not warrant or make any representations regarding the use or the results of the use of the content or other materials in this Site in terms of their correctness, accuracy, reliability, or otherwise.

You use and browse the Site at your own risk and responsibility. If you, or anybody on your behalf, is dissatisfied with any of the Materials contained on the Site, or with any of these Terms of Use, the Privacy Policy or any other policy or User Agreements found on the Site, your sole and exclusive solution is to discontinue your use of the Site, and avoid accessing the Site. Mei Yu and her partners, sponsors, and associates do not warrant that the functions contained in the materials will be uninterrupted or error-free, and/or that defects will be corrected, or the server that makes them available are free of viruses, spyware, malware, or any other harmful components or codes. Mei Yu and her partners, sponsors, and associates do not warrant or make any representations regarding the use or the results of the use of the materials in the Site in context with their correctness, accuracy, reliability, or otherwise. You (and not Mei Yu or her partners, sponsors, and associates) assume the entire cost of all necessary servicing, repair, or correction to your computer(s), network(s), system(s), data, application(s), and/or equipment(s).

Mei Yu and her partners, sponsors, and associates will not assume any responsibility, and will not be liable for any damages to, or viruses or other harmful components that may infect, your computer(s), equipment, hard drive(s), software, application(s), file(s), data, or any other components, or other property(ies), on account of your access to, use of, or browsing on the Site, or the server that makes it available, or your downloading of any Materials from the Site.

In addition, Mei Yu and her partners, sponsors, and associates shall not assume any responsibility, and shall not be liable for any damages, claims, conflicts, and/or losses caused from or by any emails, mail, messages, or online, electronic, or physical materials that includes Mei Yu's likeness, names, drawings, designs, titles, logos, any content found on the Site including, but not limited to, the Freebies page, or anything else used with or without Mei Yu's express written permission, that has caused harm to you, your family(ies), friend(s), pet(s), partner(s), entity(ies), group(s), or anyone else physically, mentally, emotionally, spiritually, or otherwise. Such digital, electronic, or physical materials include, but is not limited to, spam emails or other emails, any letters, flyers, newsletters, posters, coupons, business cards, mailers, websites, blogs, messages, or any other physical or electronic forms of communication found in any means that has used any material or content found on the Site with or without Mei Yu's express written permission. Furthermore, you warrant that Mei Yu and her partners, sponsors, and associates will not aid you or compensate you or anyone else on your behalf, if such circumstances arise.

Mei Yu retains the right to, at any time, change, or discontinue any aspect or feature of the Site, including without limitation content, hours of availability, and equipment required for access or use.

Mei Yu and her partners, sponsors, and associates do not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MEI YU, HER PARTNERS, HER SPONSORS, HER ASSOCIATES, OR ANY OTHER PARTY INVOLVED NOW OR IN THE FUTURE IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED WITHIN THE SITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY.

MEI YU, HER PARTNERS, HER SPONSORS, HER ASSOCIATES, AND ANY OTHER PARTY INVOLVED WITH THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE FURTHER SHALL NOT BE RESPONSIBLE FOR DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTY'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, OR DESTRUCTION OF NETWORK SYSTEMS, HARDWARE, SOFTWARE, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, OR DEVICES, OR ANY OTHER METHOD. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF MEI YU, HER PARTNERS, HER SPONSORS, HER ASSOCIATES, OR AUTHORIZED REPRSENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU AND/OR ANYONE ELSE ON YOUR BEHALF TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS, INCLUDING, BUT NOT LIMITED TO, DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRIES TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST, OR MAKE AVAILABLE ON THE SITE ANY OTHER MATERIAL. YOU ALSO AGREE THAT YOU ARE SOLEY LIABLE FOR ANY DAMAGES, LOSSES, AND/OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING OUT OF SUCH ACTIONS SUCH AS UPLOADING, POSTING, OR SUBMITTING OTHER MATERIALS BY YOU.

 

INDEMNITY

You agree to defend, indemnify, and hold harmless Mei Yu and her partners, sponsors, associates, directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all claims, damages, disputes, obligations, losses, liabilities, costs, or debt, and expenses of any kind. These include, but are not limited to: attorney's fees and costs of litigation arising from or in any way connected to, your use of the Site, content you submit through the Business contact email found on the Site, your connection to the Site, any breach by you or anyone on your behalf of any of these Terms of Use, any part or whole of any User Agreements on the Site, any other policy on the Site, your use of materials or features available on the Site, including but not limited to, Mei Yu's images, photos, pictures, drawings, designs, logos, names, titles, and text, or a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

JURISDICTION

Mei Yu and her partners, sponsors, and associates control and operate the Site from Vancouver, Canada. Mei Yu and her partners, sponsors, and associates do not represent that materials and content included in the Site are appropriate or available for use in any other location, worldwide. Those who choose to access and browse the Site from other locations do so at their own risk and responsibility, in compliance with local laws. By accessing and browsing the Site, you and anyone on your behalf agree that you will not hold Mei Yu and her partners, sponsors, and associates liable or responsible for any action that you took while on the Site, if in the case the local law limits such actions. Furthermore, you agree that you (and not Mei Yu, or her partners, sponsors, and associates) are responsible in the event any claims, damages, or losses arise from your actions in relations to the Site and its contents.

IF YOU DO NOT AGREE TO THE FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO ENTER INTO THESE TERMS OF USE, PLEASE EXIT THE SITE IMMEDIATELY, AND AVOID USING OR ACCESSING THE SITE.