PhoneDraw Usage Terms Conditions
Thank you for reading these PhoneDraw Terms & Conditions, please read them carefully before using the PhoneDraw Site and Services. Through the PhoneDraw website www.PhoneDraw.com (the "Site") and via other means, PhoneDraw.com, Inc. (doing business as "PhoneDraw"), provides a marketplace and platform for consumers and organizations to sell their used, unwanted and other items, and conduct other transactions and activities, with third-party companies and other entities and persons (the "Third Parties"). The PhoneDraw marketplace, platform, and related functionality, whether provided through the Site or through other means, are collectively referred to as the services (the "Services"). By using the Site and Services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these Terms & Conditions, you must not use the Site or Services. Your continued use of the Site or Services will constitute your acceptance of these Terms & Conditions, as they may be modified by PhoneDraw from time to time, with or without notice to you. Please check this page regularly for updates to the PhoneDraw Terms & Conditions.
1. PhoneDraw is a marketplace venue
PhoneDraw acts as a venue to allow users who comply with PhoneDraw's policies to sell certain goods. PhoneDraw is not directly involved in the transaction between buyers and sellers. As a result, and as described below in Section 4, PhoneDraw cannot control any aspect of your sales and transactions with Third Parties, and the Third Parties are solely responsible to you for all aspects of your sales and transactions with them.
2. Permitted Use and Compliance with Laws.
PhoneDraw authorizes you to access, view and use the Site content and software (collectively, the "PhoneDraw Property") solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the PhoneDraw Property. You may not engage in systematic retrieval of data or other content from the PhoneDraw Property. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the PhoneDraw Property, or any portion of the PhoneDraw Property, is strictly prohibited without the prior written permission of PhoneDraw.
You agree that you will comply with all applicable laws, regulations and ordinances relating to the Site and Services, the PhoneDraw Property or your use of them, and that in using the Site and Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
3. Copyright and trademarks.
Except as otherwise indicated, all materials in the Site, including without limitation the PhoneDraw logo and other PhoneDraw trademarks and service marks, are the property of PhoneDraw and/or its affiliates or licensors, including the Third Parties, and are protected by international copyright and trademark laws, all rights reserved. You may use materials obtained from the Site for the permitted purposes set forth in these Terms & Conditions, provided that the following copyright notice appears in all copies of any downloaded or printed materials: "© 2011 PhoneDraw.com, Inc. All rights reserved." Any other use is prohibited.
4. PhoneDraw Services and Third Party Services and Sites
The information and materials provided in the Site and through the Services are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to PhoneDraw's Services. PhoneDraw presents information from Third Parties through the PhoneDraw Site and Services, including prices offered for your items, item descriptions, certain Third Party terms of service, and other information ("Third Party Information"). PhoneDraw cannot control, and is not responsible for the accuracy of any Third Party Information.
You conduct your actual sales and other transactions directly with the Third Parties and, unless otherwise specifically and clearly indicated, not with PhoneDraw. PhoneDraw cannot control any aspect of your sales and transactions with Third Parties, and the Third Parties are solely responsible to you for all aspects of your sales and transactions with them.
At times, the PhoneDraw Site may have links to websites hosted by the Third Parties and other entities (the "Additional Sites"), or such Additional Sites may have links to the PhoneDraw Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by PhoneDraw of the Additional Sites. The Additional Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. PhoneDraw does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Additional Sites. You should read the privacy policies and Terms & Conditions agreements of all Additional Sites.
5. Privacy and Passwords
a. Registration and Basic Membership Terms: Members are visitors to the site and or those using the Services that choose to register with PhoneDraw ("Members"). Once registered, an account is created for each Member ("Account"). If you choose to register as a Member, you represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) you will provide us with accurate, current and complete registration and contact information, and keep your information updated; and (iii) your registration and your use of the Services are not prohibited by law. We reserve the right to suspend or terminate your Membership, or your access to the Site and or Services, in the event that you breach any of the Terms & Conditions or other applicable PhoneDraw policies.
b. Password and Account Security: In connection with your Account, you will create a Password and a User ID. You are responsible for keeping your Password and confidential and secure, and you are responsible for all actions taken using your Password.
c. Age: To create an Account or to otherwise use this Website, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater.
7. Inactive Accounts.
a. Inactive Status: A Member's Account may be set to inactive if there is no activity associated with that Account for 180 days.
8. Warranty Exclusions and Limitations of Liability.
We warrant that the Services and PhoneDraw Property will conform substantially to the descriptions set forth on the Site. In the event of any breach of this warranty, the Customer's sole and exclusive remedy, and PhoneDraw's sole and exclusive liability, shall be (at PhoneDraw's option) to remedy the failure or to refund the monetary amount paid for the services by the Customer, if any. Except as set forth in the foregoing sentence, we make no representations or warranties of any kind regarding the Services or the PhoneDraw Property. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND PhoneDraw PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR PhoneDraw PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE PhoneDraw PROPERTY. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR PhoneDraw PROPERTY, EVEN IF PhoneDraw HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, PhoneDraw'S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE PhoneDraw PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO US, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Customer agrees to indemnify and hold PhoneDraw, our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of Services, (ii) your violation of these Terms & Conditions, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. PhoneDraw reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PhoneDraw. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Applicable Law, Jurisdiction, Compliance.
You and PhoneDraw agree that all matters arising from or relating to the use and operation of the Site and/or the Services will be governed by the substantive laws of New York, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Site and/or the Services will be heard and resolved in the federal and state courts located in New York, New York. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
11. Miscellaneous Provisions.
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms & Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Terms & Conditions, "including" means "including but not limited to." If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms & Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms & Conditions set forth the entire agreement between you and PhoneDraw regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Terms & Conditions constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
12. Information Collection, Use, and Sharing
By submitting any PhoneDraw contact form, you understand that you may be contacted by a PhoneDraw representative or a representative from the partner you've chosen.
You may be contacted via telephone, email, text, or prerecorded message regarding PhoneDraw programs, offers, events, announcements, and offers from PhoneDraw's third party marketing partners. If you respond to any such offer, your information will be subject to that third party's terms and conditions.
By providing us your phone number, you grant PhoneDraw permission for the use of text messages, prerecorded voice or and/or automatic telephone dialing systems to contact you and/or deliver PhoneDraw related information, offers or announcements.
You also agree that PhoneDraw may attempt to contact you via any telephone number you provide, even if it is a mobile telephone number which may result in charges to you. You can opt out from PhoneDraw email messaging at any time.
Effective Date of Terms: 01/01/2014.