Get’N Drawn, LLC ("Get’n Drawn", "Get’N Drawn", “GetNDrawn.com”, "we" or "us") provides a Hunting Application Service for Computers and Tablets (each a "device") . As used in this document "Our Service" means the Free Services, Application Service, Any Mobile Sites, Desktop Site, Traditional Site, Data, Information, and all items that can be utilized, read, gathered, obtained, or reviewed when using Get’N Drawn’s, website, data, information or other services. By using GetNDrawn.com web site ("Site") and/or the Our Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Get’N Drawn reserves the right to update and change the Terms of Service from time to time without advance notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. By continuing to access or use the Site and Our Service after we have posted a modification to these Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Service, no longer accessing Getndrawn.com, http://www.getndrawn.com and any and all of its subdirectories, add on sites, and related material. Only purposeful and reasonable use of access to Get’N Drawn, our Site or Our Service would be to cancel or suspend your account, view billing history, or to contact us. You can review the most current version of the Terms of Service at any time at: http://ww.getndrawn.com/terms.php.
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.
1. You must be 16 years or older to use this Service and open an account ("Account"). For any user under the age of 16, parents must manage the account.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. If your account is suspected of being a bot, generating malicious code, or doing other unsatisfactory actions it will be removed by an administrator.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to open an Account.
4. You are responsible for maintaining the security of your Account and Password. Get’N Drawn cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You may not use Our Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
1. We may offer free account to access free services. These free services will be used by you at your own risk. Get’N Drawn will not be held liable for loss of data, information, or photos & video you post, upload, or enter into our website.
2. Get’N Drawn reserves the right to delete, remove, erase, and destroy any photos, content, information at any time for any reason.
Payments and Refund Terms
1. Except in connection with a Trial Period or a free feature of the Service, a valid credit card is required.
2. The Service is billed at time of order and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. Get’N Drawn will use commercially reasonable efforts to provide accurate and reasonable data. If you are not satisfied with the data provided, your only recourse is to cancel your account. However, there are no refunds under any circumstances.
5. If invoiced, payment is due upon receipt.
Cancellation and Termination
1. You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted via http://www.getndrawn.com/contact.php, or through another means of contacting Get’N Drawn by phone, email, or web form.
2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
3. Due to commitments and application processes, any application fees paid by Get’N Drawn on your behalf will be handled on a case by case basis upon cancellation of your account. No Get’N Drawn Fees will be reimbursed upon cancellation.
4. Get’N Drawn, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of Our Service, or any other Get’N Drawn service, for any reason at any time. The reasons we might do this include your violation of these Terms of Service. Such termination of Our Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
5. Get’N Drawn reserves the right to refuse service to anyone at anytime for any reason.
Modifications to the Service and Prices
1. Get’N Drawn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Service (or any part thereof) with or without prior notice.
2. Prices for Our Service, including but not limited to monthly subscription plan fees, application fees, Get’N Drawn Service Chargees, etc, to Our Service, are subject to change upon 15 days notice from us. Such notice may be provided at any time by posting the changes to the Site or via Our Service itself.
3. Get’N Drawn shall not be liable to you or your organization for any of the actions or inactions of our clients, customers, or business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Our Service.
4. From time to time, Get’N Drawn may issue an update to Our Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although Get’N Drawn will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes. Additionally, during these times Our Service may be temporarily unavailable. Get’N Drawn will not be held liable for any loss of time, convenience, service, or data during these updates.
End Users and End User Data
Get’N Drawn may collect certain information generated or provided by the end user, "End User Data". Depending on the type of End User Data you provide via Our Service, End User Data may include the personally identifiable information and/or non-personally identifiable information of end users. You acknowledge and agree that:
License Grant, Copyright and Content Ownership
1. The Site, Data, and Our Service, including their "look and feel" are protected by copyright, trademark, and other laws of the United States and foreign countries. Get’N Drawn exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written permission from Get’N Drawn.
1. You agree that you will not post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is targeted to children or may be deemed "directed to children" as the term is defined under Children's Online Privacy Protection Act of 1998; (v) is defamatory, obscene, pornographic, vulgar or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances.
2. You acknowledge that Get’N Drawn has no obligation to monitor your access to or use of the Site or Our Service, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Get’N Drawn reserves the right, at any time and without prior notice, to remove or disable access to any Content and Accounts we determine in our sole discretion to be in violation of these Terms or otherwise harmful to the Site or Service.
3. You understand that Get’N Drawn uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack Our Service or modify another website so as to falsely imply that it is associated with Our Service, or any other Get’N Drawn service.
5. You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of Our Service, use of Our Service, or access to Our Service without the express written permission by Get’N Drawn.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Get’N Drawn customer, employee, member, or officer will result in immediate Account termination.
7. You understand that the technical processing and transmission of Our Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. You understand that Get’N Drawn, Our Service, is dependent on the Internet, World Wide Web, and all iterations of its entity. As well as service speed, loading, general use is dependent on active internet, Edge, 3g, 4g, Wi-Fi, Tethered, Ethernet, any and all iterations of network connectivity, and that the lack there of, your limit, or your service provided by a third party is independent from Get’N Drawn and of your own responsibility. You acknowledge that by using Get’N Drawn, monthly data usage may increase, and you acknowledge and access responsibility for all fees associated with your personal, corporate, or business data plans provided through a third party.
11. You will not hold Get’N Drawn, Get’N Drawn, LLC, any employees, owners, business partners, or affiliates of either organization responsible for accidents or other damage while using Get’N Drawn, its Site or Our Service.
12. You acknowledge that Get’N Drawn should not be used while operating any type of machinery, heavy machinery, light machinery, equipment or other device that require focus. You will not hold Get’N Drawn, its business Partners, owners, employees, or affiliates responsible for accidents or damages.
Your use of Our Service is at your sole risk.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Get’N Drawn EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
Get’N Drawn does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Our Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You agree to defend, indemnify, and hold Get’N DRawn, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or Our Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Mobile Offering.
Limitation of Liability
You expressly understand and agree that Get’N Drawn shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Get’N Drawn has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. In no event shall Get
N DRawn's liability to you exceed the amount actually paid to Get’N Drawn by you during the preceding 12 months.
These Terms of Service and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions.
1. You and Get’N Drawn, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Mobile Offering (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Get’N Drawn are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Get’N Drawn otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.
2. Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available atwww.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
3. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration athttp://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175and a separate form for California residents athttp://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
4. Arbitration Location and Procedure. Unless you and Get’N Drawn otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Get’N Drawn submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
5. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Get'N Drawn will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
6. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Get’N Drawn will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
7. Changes. Notwithstanding the provisions of the "Modification" section above, if Get’N Drawn changes this "Dispute Resolution" section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by contacting us at http://getndrawn.com/contact) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Get’N Drawn's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Get’N Drawn in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
The failure of Get’N Drawn to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Get’N Drawn and govern your use of the Service, superseding any prior agreements between you and Get’N Drawn (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.
You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
Contacting Get’N Drawn; Technical Support
Questions about the Terms of Service or for general technical support information you may visit http://www.getndrawn.com/contact.php.