TERMS AND CONDITIONS OF USE

To help you understand...

Welcome to Ratemydrawings.com

Hi! This is who we are. Before you use our website, here are some policies that keep our website a safe, secure, and a happy community. If you use our website, you agree to our policies.

Ratemydrawings.com (the “website”), is owned and operated by Mixart New Media, LLC a Washington Limited Liability Company. By using this website, you agree to comply with and acknowledge the following terms and conditions of use, which together with our Privacy Policy and Copyright Policy govern Mixart New Media’s relationship with you in regards to this Website. Registered users may be required to abide by additional terms and conditions as set forth below. Please check the Website and these terms and conditions frequently, as they may change.

The term “Mixart New Media”, “Ratemydrawings.com” “we”, or “us” refers to the owners of the website. The term “you” refers to the user or viewer of our website.

Registration

Registration is free. We need your email address for various parts of our website and to verify your registration. As a registereded member you must follow our policies. Our policies keep our website safe, friendly and fun - if you misbehave we can disable your registration.

Registration on the website is required to access certain content and features reserved for registered users. Registration is free and voluntary. A valid email address is required to register on the website, this is necessary to activate the drawings. Once a drawing has been submitted, an email will be sent to your registered email address which will allow you to unlock the drawing and make it visible on the website. By registering with the website you agree to comply with the code of conduct set forth below. Further you consent to receive emails and notifications in connection with the website, including, but not limited to updates, competitions, events, and other announcements.

Registration permits users to create a personal user account (Please reference the Privacy Policy for information on how we are committed to protecting your personal user information). You acknowledge that you do not own the personal user account. We reserve the right to terminate, modify, or otherwise disable your account at our discretion for any reason without notice. However, as a courtesy we may choose to notify you prior to the termination or suspension of your personal user account. This courtesy is in no way a waiver of the above stated rights and does not create any further obligation to provide you with notice of changes or termination to your account. 

Privacy

We respect your privacy.

We are committed to protecting your privacy. For detailed information on the measures we take to protect your personal information and our other privacy practices please review our Privacy Policy.

Children Under 13

To keep kids safe and to meet governing standards, under 13's need parental consent.

Children under the age of 13 are only allowed to register with this website after we have received verified parental or guardian consent. For more information on how parents can give consent and to review our privacy practices please check out our Privacy Policy.
Recommended reading: COPPA

Code of Conduct

A happy, fun and safe community has to have rules. No offensive content, harassing others, inappropriate behavior, or inappropriate usernames. Be nice and respect our rules and you will enjoy our community. We also respect copyright laws and it is important you respect them also.

Our website provides many community features that are available to its registered users. To ensure the safety and enjoyment of our community members we require everyone who registers with this website to adhere to this code of conduct. Failure to abide by the code of conduct may result in deletion of your personal account and/or the deletion of any content or text uploaded or otherwise posted by you on this website. We reserve the right to remove, delete, block, or otherwise disable your account or any uploaded content that does not comply with this code of conduct.

• Offensive and profane content. Registered users should refrain from using language or posting content that may be considered offensive or profane to the website community. This includes, but is not limited to profanity and offensive images, links, or other media that contains sexually explicit or excessively violent content.
• Harassment. Registered users are expressly prohibited from harassing or threatening other community members. Harassment includes but is not limited to: insults, defamatory statements, invasive statements that may infringe on a user’s privacy, or the transmission or sharing of any content that may cause another member to experience ridicule, threat or discomfort.
• Inappropriate Behavior: Registered users shall not tamper with ratings, attempt to disrupt services, or place any of our products, modified or unmodified, on a diskette, CD, website or any other medium without written permission of Ratemydrawings.com. Please review our behavior guide for additional information on what we consider inappropriate conduct.
• Other inappropriate content: Owners or website moderators may flag and delete any content as inappropriate if it is not in the best interest of members of the community. Certain content can lead to disruptive or aggressive behavior due to the sensitive nature of topics including but not limited to sexuality, religion, race, or content that may be inappropriate for younger members. Members that repeatedly post inappropriate content or show disrespect for behavior guidelines may have their account or site access removed without warning.
• Username selection. You are advised against using personal identifying information in the creation of your username. Registered users may not choose a username that belongs to another user. Furthermore usernames may not be based on known existing trademarks, famous individuals, or known fictional characters.
• Copyright Infringement and Proprietary Rights. Registered users are expressly prohibited from posting, uploading or sharing any material that may infringe on the copyrights or proprietary rights of any other individual in the world. For purposes of the terms and conditions proprietary rights includes but are not limited to trademarks, trade secrets, confidential information, or information subject to a non-disclosure agreement.
  Please reference the Copyright Policy for additional information.
• Misuse of an account. Users are prohibited from accessing an account that is not their own without the owners permission. Accessing includes logging in, editing any account information such as profile information, passwords, account details, and deleting drawings, posting in forums, etc. Violation of this rule can result in the offenders account being removed and their access to the website being also removed through a website ban.
  Please reference the Copyright Policy for additional information.

Members are encouraged to notify us in the event that another user has violated this code of conduct. Please note that failure to enforce any part of our code of conduct does not constitute a waiver of any portion of this code of conduct.

Website Content

Your drawings are your property, but we own our website so don't steal or mis-use any part of it.

All website content [excluding user generated content, described below], including but not limited to the website tools and features, text, code, visual or audio media, photographs and images, and flash and data files hosted on our site are wholly owned by Mixart New Media and is protected by applicable U.S. and International Copyright laws. The unauthorized use of any website content is prohibited and may subject the infringer to civil and criminal liability to the extent possible by law. Ratemydrawings.com trademarks, trade names and logos are the intellectual property of Mixart New Media. All other trademarks, logos, or trade names used on this site are the property of their respective owners. Reproduction of any trademark, logo, or trade name on this website without permission from the owner is prohibited to the extent possible by applicable law.

User Generated Content

If you created a drawing/content, then you own the rights to it. We're allowed to display your drawings/content on our website. Sometimes we may make some cool posters or similar products to promote our website that include your artwork.

Any content that is the original work of a registered user is the property of that registered user. Please note that you are expressly prohibited from claiming ownership or rights to any drawings that are derivatives (defined as drawings based on other user’s original works) of other user’s works. We do not claim any rights in and to the registered user’s original work.

By publishing your work on this website, you grant us a non-exclusive, perpetual license to transmit, reproduce, and distribute your work on the website. Further, Mixart New Media, without notice to you, may use your work in any promotional or advertising material created by Mixart New Media in connection with the website. Ratemydrawings.com reserves the right to profit from marketing and promotional materials containing user generated content without compensation to the user.

We advise registered users to properly attribute any work to the individual or company that owns rights to the work. We are in no way accountable for false or incorrect attribution in connection with any original work.
Please reference the Copyright Policy for additional information.

Other Derived Content

We respect copyright laws. If you use reference material not your own, we encourage you to get permission first OR ensure your work is fair use.

Ratemydrawings.com is committed to upholding copyright laws, therefore we encourage all users who choose to use someone else’s work (any work not created by you that is copyright protected) as source material for your drawing whether it be from another user or any other source, to retrieve express permission from the copyright holder or ensure that you fall within an applicable fair use provision before using the source material. Members are encouraged to read our guide on using reference material.
Recommended reading: Copyright.gov Fair Use, Wikipedia Fair Use

Embedded Drawings

We have cool ways to embed drawings on websites - use them. You can use screenshots/captures if you mention our website.

Ratemydrawings.com offers tools to embed drawings into your personal website or blog. This is the only authorized way to embed drawings on any other website other than ratemydrawings.com. By submitting drawings you agree to permit the viewing public or registered users to embed your art on other websites for purposes of showcasing your work. Further, video captures and screenshots of your drawings may be placed on other websites only if recognition is given to this website via a website link to www.ratemydrawings.com.

Use of Third Party Software

Drawings must be created with our tools - no other software can aid your creation.

All drawings must be created using the browser-based online tools provided by the website only. We do not permit the submission of drawings that were created with the use of third party software or any other means that allows a user to gain an unfair advantage over other users.

Submitted drawings and other comments or postings

We constantly improve our website to make it more awesome. If a feature is removed, some of your content could be removed. We backup our data regularly, but you should also.

Ratemydrawings.com is constantly changing and improving to provide the best service to its users. As features change, are added/removed, postings that you have submitted such as forum topics, comments, drawings, favorites, profile information, and any other information you have contributed to Ratemydrawings.com may be affected or removed. We do not guarantee the length of time any such posting will remain on the website. Ratemydrawings.com will attempt to backup the data, but can make no guarantees and takes no responsibility if postings or other data are lost or no longer recoverable. You are strongly encouraged to keep copies of your own drawings and postings for your records, and you expressly acknowledge that Ratemydrawings.com has no responsibility to maintain or backup copies of your submitted content.

Participation in Competitions

We have great drawing competitions with their own rules you need to be aware of.

The website will provide rules for participation in certain activities and services including but not limited to competitions, drawing contests, and award programs. In general, such activities are open to all registered users and winners will be notified by email and their username will be posted on the website. The rules of the activities and the terms and conditions will govern the program.

Copyright Infringement

To meet copyright laws, we have the necessary measures in place to report copyright infringement.

To the extent possible under U.S. Law, Mixart New Media is not liable for any copyright infringement arising from any materials posted, shared, uploaded or otherwise transmitted on this website, including advertisements, user generated content or other third party content. However, under U.S. law and the Digital Millennium Copyright Act of 1998 we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed. If you believe that your copyrights are being violated by materials found on this web site, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material.
Please see our Copyright Policy for more information on how and where to file a notification.

DISCLAIMERS AND LIMITED LIABILITY

ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT APPLICABLE BY LAW WE DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT ABLE TO WARRANT THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. MIXART NEW MEDIA DOES NOT GUARANTEE THAT SERVICE THROUGH THIS WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR DEFECT-FREE. WE DO NOT GUARANTEE THE ACCURACY OF ANY INFORMATION OR MATERIAL FOUND ON THIS WEBSITE. IN NO EVENT WILL MIXART NEW MEDIA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) OR ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF USE OF THIS WEBSITE.

INDEMNIFICATION AND LIABILITY

You hereby agree to indemnify and hold harmless Mixart New Media and its subsidiaries and affiliates, members, employees and agents, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses insofar as such losses arise out of or are based on any claim that content you submit infringes on any trademark, trade name, service mark, copyright, license, publicity right, privacy right, goodwill, patent, or other intellectual property or proprietary right of any third party. Mixart New Media shall not be liable to you or any entity for any damages or a loss of revenue, profits arising in connection with any aspect of these terms.

Dispute Resolution Policy
You agree to the following dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your use of this website.

• Informal Negotiations. Parties to a dispute concerning the terms and conditions of use, the Privacy or Copyright Policy, or the use of this website will attempt to informally negotiate a potential settlement or resolution to the dispute;
• Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
• Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington.

Miscellaneous Provisions

• Term of Agreement The terms and conditions of use together with our Privacy and Copyright policy shall remain in full force and effect for as long as you are a user of the website. In the event of termination of your membership, you will still be bound by these terms and conditions and the accompanying policies for a period of three years.
• Domicile of this Website. This web site is controlled, owned, and operated in the State of Washington. If you access this website from any other location in the world you do so at your own risk and you are responsible for the compliance of your own jurisdiction’s laws and regulations.
• Jurisdiction and Choice of Law.  The validity, interpretation, and performance of these Terms and Conditions are governed and controlled by the laws and regulations of the state of Washington. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the state of Washington.
• Severability. In the event any provision of the terms and conditions are found to be illegal, invalid, or unenforceable to any extent, the legality, validity, and enforceability of the remainder of the terms and conditions shall not be affected and shall remain in full force and effect to the greatest extent permitted by law.
• Changes to this Agreement. We reserve the right to change or modify the terms of use and the policies, from time to time. Changes to the terms and conditions or other policies will be effective upon the posting of a notification of change on the website.
• Entire Agreement. These Terms and Conditions along with the website’s Privacy and Copyright policies constitute the full understanding of your agreement with Mixart New Media. Any prior versions of this Agreement shall have no effect on these terms and conditions.  
• Assignment Mixart New Media, reserves the right to assign the terms and conditions, including the Privacy and Copyright policy to any third party at our sole discretion by acquisition of this website or company, or by merger.