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draft'all - Pick'about Anything!

Terms and Privacy Stuff.

ie. the boring stuff...

Terms and Conditions - Privacy Policy

TERMS AND CONDITIONS FOR Draft'all

 

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

1.    Overview

Draft'all welcomes you and we are happy that you have taken an interest in our Website.  We want you to have fun, be creative, and enjoy the services that we have to offer.  At the same time, we ask that you be respectful of other people, and only submit moderate, respectful content that you created or have permission to use.   Please carefully read the following terms carefully before using the Website, as they apply to all users of the Website. 

2.    Acceptance of Terms

These terms of service (“Terms of Service”) are a binding legal agreement (“Agreement”) between you and Zest, LLC (“Zest”), regarding your use of this website, Draftall.com (“Website” or “Draft'all”).   Draft'all is managed by Zest, and these terms may be used interchangeably throughout this Agreement. 

By using this Website, you express your agreement to these terms and conditions of use and you are bound by them.  You should periodically review the Terms of Service for any updates, as the terms may be modified from time to time without actual notice to you.  By using this site after we post any changes, you agree to accept those changes, even if you did not review the modified terms.  If at any time you choose not to accept these Terms and Conditions, your only remedy is to stop using this site. 

No children under the age of 13 are allowed to use this Website.  Minors between the age of 13 and 17 must get permission from a parent or legal guardian before using this Website.  By using this Website, you represent and warrant that you are either: a) over the age of 18 and that you agree to the Terms and Conditions, or b) between the ages of 13 and 17, and that your parent or legal guardian has agreed to the Terms and Conditions on your behalf and has granted you permission to use this Website.  You may be asked to verify your eligibility when setting up an account. 

3.    Permissions and Restrictions for Website Use

Draft'all grants you a revocable, non-transferrable, and non-exclusive right to access this Website, provided that you (the “User”) agree not to:

  1. Upload, post, create, publish, e-mail, distribute or otherwise transmit (“Submit”) any information, data, text, pictures, sounds, graphics, script, interactive features, tags, or any other materials (collectively  “Content”) (Submitted Content is also referred to a “Submission”), that is:
    1. unlawful;
    2. fraudulent;
    3. defamatory, threatening, abusive, degrading, tortuous, hateful or obscene in relation to any particular individual, or to any group of individuals on the basis of their religion, gender, race, ethnicity, sexual orientation, age, disability, or other differences; 
    4. harmful to minors;
    5. manipulated in order to disguise the origin of Content contained; 
    6. confidential;
    7. violating another’s privacy; or
    8. infringing on a copyright, patent, trademark, trade secret, or other proprietary right held by another
  2. Impersonate any other person or entity 
  3. Submit any material that contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the processes of other computer software, computer hardware, or telecommunications devices
  4. Use this Website to Submit any advertising material, solicitations,  promotional materials, junk mail, spam, or other commercial materials without the prior written authorization by Draft'all
  5. Modify, manipulate, or interfere with any part of the Website, or otherwise adversely affect other users’ ability to enjoy the Website
  6. Intentionally or unintentionally violate any applicable local, national, or international law or policies

 

You assume responsibility for the legality and appropriateness of your Submissions, and Draft'all is not responsible for any of material you Submit that violates the Terms and Conditions of this Agreement.   Draft'all does not necessarily prescreen your Submissions and reserves the exclusive right to remove, without notice, any material that it deems in its sole discretion to be inappropriate, inaccurate, or contrary to the Terms and Conditions of the Agreement.  Draft'all is not responsible for any delay or failure to remove inappropriate Submissions from this Website.  By using this Website, you acknowledge that you may be exposed to inappropriate, inaccurate, or offensive User Submissions. 

While your privacy is very important to us, Draft'all cannot guarantee that Submissions will remain confidential.  Likewise, you acknowledge and agree that Draft'all may need to preserve and disclose your Content if required to do so by law or if it determines, in good faith, that such an action is reasonably necessary to comply with the legal process, respond to claims that your Content violates the rights of third parties, or to protect the rights and safety of other Users (see our Privacy Policy for more information LINK)

4.     Draft'all’s Proprietary Rights  

The Content on this Website, and the trademarks, service marks, and logos on this Website (the “Marks”) are created by, owned by, or licensed to Draft'all, subject to copyright laws, trademark laws, and other intellectual property rights.  The Content is provided to you for your personal use and may not be downloaded, copied, reproduced, sold, displayed, licensed, used for commercial gain, adapted, or otherwise exploited, without the written permission of Draft'all.  You may only use this Content for personal, non-commercial use, such as printing or emailing an individual screen from the Website.   Draft'all holds all rights not expressly granted by the Terms and Conditions.  

5.    Use of Submissions Supplied by You 

You acknowledge and agree that by Creating content using this Website or by adding Content to this Website, you grant Draft'all a royalty-free, perpetual, exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, distribute, perform, create derivative works from, display, or sublicense your Submissions, in whole or in part, in any medium, form, technology (now known or later developed), and for any purpose, including commercial purposes.   You warrant that all moral rights are hereby waived.   You also warrant that your Submission does not infringe any copyright or proprietary rights of another, and you will remain responsible for the accuracy and legality of your Submission.  

  1. No Responsibility for Content of Linked Websites

This Website may contain links to other third party websites (“Linked Website”) that are not managed by Draft'all.  Draft'all assumes no responsibility for the content, policies, practices, advertising, products, or other materials associated with any Linked Website.  Draft'all does not necessarily endorse every Linked Website and is unable to censor, edit, or monitor the content of all such sites.  Thus, it will be your responsibility to comply with that Linked Website’s terms as well as all other applicable laws.   By using this Website, you expressly relieve Draft'all from any and all liability arising from your use of any Linked Website.  Draft'all reserves the exclusive right to add, remove, modify, or change any links to a Linked Website, without notice.  You may direct any concerns regarding a Linked Website to the following contact: LINK.    

7.  No Third Party Beneficiaries

You agree that, except as expressly provided elsewhere in these Terms of Use, there shall be no third-party beneficiaries to this Agreement. 

8.   Copyright Infringements

If you believe that any User Submission on this Website infringes upon your copyrights, please provide the following information to the address below:

  1. Your address, telephone number or email address, and any other information needed to contact you
  2. A detailed description of each copyrighted work you claim is infringed upon and where that work is located on the Website
  3. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
  4. A statement, written under the penalty of perjury, that the notification is accurate and that you are authorized to act on behalf of the owner of the copyright interest
  5. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest

Mail your notification to the following address, so that the designated Copyright Agent may handle the situation properly:
Draft'all - Copyright Agent 
c/o Zest, LLC
21 Blueberry Cove,
Yarmouth, Maine   04096
*To address issues more quickly, feel free to email draftall.com [at] gmail.com.

9.   Warranty Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  THIS WEBSITE, CONTENT, AND USER SUBMISSIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, ZEST, AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, PARTNERS, AFFILIATES, SUBSIDIARIES, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANIBILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ZEST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, SECURITY, OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE.  ZEST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, OMISSIONS, DEFECTS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE; (C) ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE MATERIALS TRANSMITTED TO YOU THROUGH OUR WEBSITE OR ANOTHER PARTY USING OUR WEBSITE; (D) ANY THEFT OR OTHER DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OUR WEBSITE OR SECURE SERVER; (E) ANY LOSS OR DAMAGE, OF ANY KIND, YOU SUFFER AS A RESULT OF DEALING WITH ANY LINKED WEBSITE OR THIRD PARTY USING THIS WEBSITE; AND ANY (F) INTERRUPTION, DELAY, CESSATION OF TRANSMISSION, OR COMMUNICATION LINE FAILURE.   

10.   Limitation of Liability
ZEST, AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, PARTNERS, AFFILIATES, SUBSIDIARIES, ADVERTISERS, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE WEBSITE, RELIANCE ON THE WEBSITE, INABILITY TO USE THE WEBSITE, UNAUTHORIZED ACCESS TO THE WEBSITE, CONDUCT BY ANY THIRD PARTY USING THIS WEBSITE, OR ANY OTHER MATTER. 

11.   No Limitations for Some Jurisdictions 
NOTE THAT SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. 

12.  Indemnification

Upon a request from Zest, you agree to defend, indemnify, and hold Zest, and its managers, members, employees, affiliates, and agents harmless from any all claims, damages, obligations, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees, arising from: (A) your use or misuse of the Website; (B) your violation of these Terms of Use; and (C) any claim that your Submissions has harmed another party. 

13.  Privacy Policy

You can access Draft'all’s privacy policy at link.  This policy explains how we will collect and use the information you submit. 

14.  General Terms

Entire Agreement: This Agreement constitutes the entire agreement between you and Draft'all and governs your use of this Website, and supersedes any prior agreements between you and Draft'all.

Assignment: You agree not to transfer or assign any rights or obligations you may have under this Agreement.  Draft'all reserves the right to transfer and assign its rights to subsidiaries, affiliates, and other third parties, without restriction or your prior consent. 

Choice of Law: You and Draft'all agree that the laws of the state of Maine, excluding its conflict of law provisions, shall apply.  Any cause of action, regardless of theory, must be brought in the county of Cumberland, Maine, or within the Maine federal court system.  You and Draft'all agree to submit to the personal jurisdiction of the courts located exclusively in county of Cumberland, Maine, or within the Maine federal court system, and waive any objections regarding jurisdiction.

Enforceability of Provisions: If any provision of this Agreement is held invalid or unenforceable, the court shall seek to give effect to the parties’ original intentions, and all other provisions shall remain in full force and effect.    

Headers: The headings used in this Agreement are provided for convenience and are not considered part of this Agreement.

15.   Contact Information

You may direct any questions or concerns regarding these Terms of Use to Draft'all: draftall.com [at] gmail.com

Enjoy Draft'all!




PRIVACY POLICY FOR Draft'all 


Your privacy is important to us here at Draft'all (also “Website”, “us” or “we”).  This Privacy Policy explains the way that Draft'all treats the information that you submit to us.  This Policy accompanies Draft'all’ Terms and Conditions, so please read both, as you agree to the terms of both by using this Website. 

It is our goal to provide you with information tailored to your specific needs as a user, while still protecting your privacy.  We will only use the information you provide in the ways set out below. 

1.         Consent

BY SUBMITTING PERSONAL INFORMATION TO US OR BY USING OUR SITE, YOU AGREE TO THE TERMS OF THIS POLICY, AND AGREE THAT WE MAY COLLECT, USE, AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. 

This Privacy Policy may be updated at any time and by using this Website you agree to the most current terms.   We suggest you review this policy periodically for changes.  

If you do not agree with these terms, do not provide any personal information to us.  If you refuse or withdraw your consent, or if you choose not to provide us with any required personal information, we may not be able to provide you with all of the services offered by our Website. 

2.         Eligibility

No children under the age of 13 are allowed to use this Website.  Minors between the age of 13 and 17 must get permission from a parent or legal guardian before using this Website.  By using this Website, you represent and warrant that you are either: a) over the age of 18 and that you agree to the Terms and Conditions, or b) between the ages of 13 and 17, and that your parent or legal guardian has agreed to the Terms and Conditions on your behalf and has granted you permission to use this Website.  You may be asked to verify your eligibility when setting up an account. 

3.         Information We Collect 
Personal Information: In order to use this Website, we require that all users set up an account.  To create an account, you must provide us with personal information, including your valid email address and password.  You may change or update this information at any time by accessing your profile.  As discussed below, we may occasionally send you important information directly to your email address.  While your website persona and those fields on the user profile are automatically displayed on the Website, your email and password will never be displayed on the Website. You are responsible for maintaining the confidentiality of your password and account information.  Furthermore, you are entirely responsible for any and all activities that occur under your account. 
Browsing Information and Log Files: Draft'all may collect information pertaining to your activities while using this Website (“Browsing Information”).  Browsing Information may include the web pages you viewed, the browser or software you are using, the webpage that referred you, and your Internet Protocol (“IP”) address, among other things.  We may use cookies (described in more detail below) and similar tools to customize the content you receive based on the information you provide.  
Submissions: You and other users may post Submissions (as defined in the Draft'all Terms of Use) and view the Submissions of others. You consent to such viewing of your Submissions and agree that any Submissions posted by you on the Website is at your own risk.  For some areas we allow you to set privacy options that limit access to records you Submit, but please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users, or those with whom you may choose to share your pages and information. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.  You may contact Draft'all via the link below and request changes to or the removal of your Submissions, and while Draft'all will try to promptly grant your request, it reserves the right to deny your request if a good reason for doing so exists.  Still, you understand and acknowledge that, even after removal, copies of Submissions may remain viewable in cached and archived pages or if other users have copied or stored your Submissions.  Please review our Terms and Conditions for more information on Submissions. 

Invitations: If you choose to tell someone about our Website through tools provided on the Website, we will ask you for information needed to send the invitation, such as that person's email address.  We will send the invitee an email or instant message with your name inviting him or her to visit the Website, and may send follow-up reminders to them.  Draft'all stores this requested information in order to send invitations and reminders; to register a third party connection if your invitation is accepted; to allow you to see invitations you have sent; and to track the success of our referral program.  Your invitee may contact us through the form on our help page to request that we remove this information from our database.
4.         How your Personal Information is used

For the operation of this Website, your personal information may be shared temporarily with those employees and agents who help us manage and provide our services (for example, for statistical analyses, data processing, development of the Website, to create new features, to fix Website problems, and to comply with unsubscribed lists).  We will not sell or share any personal information to third-party commercial vendors unless you specifically grant us permission to do so by participating in an offer, program, or by opting-in to a certain advertising option.  Anonymous, aggregated, and non-personal information may be used to analyze usage trends or for advertising or business purposes.  We reserve the right to disclose any personal information: a) if required by law; b) under the good-faith belief that such disclosure is necessary to comply with the law or to protect Draft'all’ legal interests; or c) to protect the rights and safety of other users. 

Be aware that any personal information you voluntarily include in your Submissions or post elsewhere on the Website is publically available and may be collected and used by others. 

5.         Cookies

Cookies are small pieces of information stored on your computer with information about your visit to a particular site. We may use cookies to control the display of advertisements; to track usage of the Website; to record your registration and personal information; and for other various reasons.  Particularly, Draft'all uses both session ID cookies and persistent cookies.  Session ID cookies help us keep track of information such as searches and page visits.  Session ID cookies are erased when you close your browser and do not last beyond one visit to our Website.  A persistent cookie is a small file stored on your hard drive for an extended period of time.  These cookies are used to remember information like your login identification if you have selected for it to be remembered on your computer.  They also enable us to track and target the interests of our users to enhance their overall experience on the Website. 

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future.  If you reject cookies, some parts of this Website may not function properly.    

6.         Security
Your information is protected both online and off-line and your passwords are encrypted when stored.  We use passwords and usernames to protect information online; we restrict our users’ data; and we take numerous precautions to protect users' information off-line.  Still, you agree that Draft'all is not responsible for any stolen data.  You are solely responsible for maintaining the secrecy of your passwords and/or any account information, so please be careful and responsible whenever you're online. You agree to immediately notify Draft'all of any unauthorized use of your account or any other breach of security you are aware of.  
7.         Other Sites
Our Website may include links to websites operated by other companies.  We may also run campaigns or provide offers from other companies.  Draft'all is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with our services.  Once you leave our website via such a link, access a third party application (such as widgets), or click on a third party offer, you should check the applicable privacy policy of that site or third party provider to determine, among other things, how your personal information will be handled by them. 

 

8.         Website & Service Announcements
Occasionally Draft'all may need to contact a specific user or all users in order to make an important announcement about the Draft'all site, offerings, or service changes. Members are not able to unsubscribe, or "opt-in/opt-out" of these announcements because they may contain very important information regarding their accounts.  Draft'all reserves the right to contact users to correct account errors or to supply important information Draft'all deems relevant.  
9.         Termination
Either the user or Draft'all may terminate this service with or without cause at any time and effective immediately.  You may terminate your account by following the directions on our help page.  In such case, we will honor your request while retaining any record of your information that is necessary to comply with applicable federal, state, or local law.  We reserve the right to retain access to your Submissions after termination if licensed to do so.  Draft'all will not be liable to the member or any third party for termination of service.
10.       Questions
If you have any questions or concerns regarding this Policy, please contact us using this LINK. 


© draft'all - terms - feedback ---> draftall.com[at]gmail.com