Welcome to www. creativedrawer. com.

Brief Summary

By accessing or using our site, www.creativedrawer.com, in any way, including but not limited to browsing the site, downloading or purchasing our actions, brushes, masks, frames, borders, cards, embellishments, PDF’s, etc. (Products & Materials), or submitting art (Art) to our competitions, you are agreeing with these terms and you warrant that any use of our Products or Materials or submitted Art will be consistent with and bound by these terms and conditions.

You can visit our site without revealing any personal information. What information you may give us is confidential: we do not sell it or give it away to any third party except as noted below, see Privacy for our full Privacy Policies.

Standard Terms of Use

Most of our Products are covered by ToU , some are covered by a special ToU, which is linked in the Product description.

Our Products are provided “as is” without warranty of any kind, express or implied, including but not limited to merchantability and fitness for use; nor do we warrant that they will meet your requirements or that their use will be error free. Please read our refund section below.

Although we take care to ensure our products and our site is malware free, we cannot and do not warranty that the site and our products are malware free. Use antivirus and firewall programs, and check any download from any site for malware prior to unzipping, using, running, etc.

You agree to hold harmless Creative Drawer and any of its agents, staff, and personel for any real or perceived harm to your computer system and related components, loss of profits, time, or files.

By submitting art for creativedrawer.com art competitions, you agree that: you are the creator of the art; you have the right to submit it; you agree to waive and hold creativedrawer.com harmless from any claims relating to the art; and that you have read and agree to the full terms and conditions, especially competitions.

Trademarks: Photoshop® is a registered trademark of Adobe® Systems Inc. Windows® is a registered trademark of Microsoft® Corp. Paint Shop Pro® is a registered trademark of Corel Corporation. All trademarks are the property of their respective owners. Creative Drawer is not affiliated with any of these companies.

Creative Drawer offers a number of affiliate links to products by other companies. If you purchase any of those products all resulting issues are between you and those companies.

Details

This site, creativedrawer.com, including all related pages, (collectively the “Site”) is maintained for information, education, entertainment and communication. Creative Drawer is a joint undertaking by Lissalei and Walton Mendelson. The Site contains images and text, for example the tutorials, (collectively “Material”), created for Creative Drawer as noted throughout the site. Except as noted, you may use these Materials for personal, non-commercial use, or for fair use as defined in the US copyright laws. This permission is conditioned on our retaining all copyright and other proprietary notices on or adjacent to the Material and you must cite author and source of the Materials as you would any printed work, and the citations must include the URL: www. creativedrawer.com.

By accessing the Site, or using the Material in any way, you agree and warrant that such use will be consistent with and limited to this non-exclusive, non-sub-licensable, limited right to use license. No authorization or permission is granted to use work (images and text) not created for or copyrighted by Creative Drawer; other authors and copyrights are noted throughout the Site.

No Material is published for use in the Public Domain. Unauthorized commercial publication or exploitation of Material, or any use for personal or commercial gain is strictly prohibited. Anyone wishing to use any Material for publication, commercial use, or any purpose other than fair use, as defined by law, must request and receive prior written permission, contact info@creativedrawer.com; a usage fee may be charged depending on the proposed use.

Acceptance of Terms and Conditions

By accessing or using the Site in any way, including but not limited to browsing the Site, downloading Material, purchasing Products, or entering creative drawer.com’s Art Comeptition, you are agreeing with these Terms and Conditions and you warrant that any use will be consistent with and bound by the Terms and Conditions.

Changes in Terms and Conditions

These Terms and Conditions may be changed from time to time. Because you are bound by the Terms and Conditions, you should periodically visit this page, by clicking on the Terms and Conditions at the bottom of the Site pages.

General

The Site and all Material is protected by federal, state and international copyright, and may not be used except as permitted in these Terms and Conditions or as indicated in text on the Site.

Use of Materials

Except as indicated otherwise in Site text/pages, the Terms and Conditions, and the Terms of Use, you may view, download and print Material available on the Site, subject to the following conditions:

1) The Material is used solely for personal, educational, or fair use, as defined by US copyright law.
2) The Material may not be modified or altered in any way.
3) The Material may not be distributed, sold, rented, leased, or licensed to others.
4) The Material may not be transferred or assigned to another.
5) Any copyright notice, or other proprietary notices, including but not limited to the Site URL, may not be removed or altered in any way.
6) A full and accurate citation of the author and source, including the URL www. creativedrawer.com, must be made as be required for any printed work.
7) The rights granted to you constitute a non-exclusive, limited license and not a transfer of title. These rights are non-exclusive, non-sublicensable and limited.

Warranties and Disclaimers

Except as expressly provided otherwise in this Site or in written agreement between you and Creative Drawer, this Site, and all materials and services are provided “as is” without warranties of any kind, either express or implied, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer my not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

This Site could include mistakes, typographical errors, or inaccuracies. Changes may be made to Materials, Products, prices, or Terms and Conditions. The relevant prices, descriptions, terms and conditions for our Products and Materials are those at the time of sale or download: no other notice will be given.

All downloads are ZIP files or PDFs. We have taken care to ensure that our downloads are malware free; however, we recommend that you use antivirus and firewall programs, and that you run a virus check on every download from any site prior to opening, unzipping, running, etc.

Refunds

Electronic downloads are made from our site. The ability to download again is made to protect you against failed downloads because of corrupted or interrupted downloads or for any other reason beyond our control: this right is licensed to you only, and you may not provide any link or authorization to any other person or institutuion that might enable them to download our Product.

Because we provide PDFs showing our Products in full detail and we provide samples for you to use and evaluate, we will refund your purchase price at anytime if our Products do not meet our descriptions, but we do not offer refunds for our download Products otherwise.

There may be other or additional refund terms for specific Products: these will be included on those specific Site/Product pages and will supersede the terms in this section (for example, we offer a 100% satisfaction, no questions asked, refund for fine art prints).

Conduct

You agree:
1) not to use any device, software or routine to interfere or attempt to interfere with the proper use of the Site;
2) not to take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
3) not to transmit through the Site any viruses or other harmful files or code.

Risk

The use of the services or the downloading of Material or Products from the Site is at your own discretion and risk, and with your agreement that you will be solely responsible for any damage to your computer system. Creativedrawer.com assumes no liability for any computer virus or software code that is downloaded to your computer from the Site; although we have taken reasonable and prudent measures to assure that our Products and Materials are virus free.

All downloads are ZIP files or PDFs. We have taken care to ensure that our downloads are malware free; however, we recommend that you use antivirus and firewall programs, and that you run a virus check on every download from any site prior to opening, unzipping, running, etc.

Competitions

In submitting art work (Art) for any creativedrawer.com Art Competition, promotion, etc., you assert that:

1) You are legally able to assert your agreement to these terms and conditions.
2) You are the creator of the Art, and that you have not broken any copyright law in its creation.
3) You have the right to submit this Art to Creative Drawer's Art Competitions.
4) You give creativedrawer.com the right to publish the Art on its website and/or to use it for promotional purposes (you retain your copyright and all other rights).
5) You understand that submitting this Art does not guarantee its acceptance or publication by creativedrawer.com.
6) Creativedrawer.com has the right to not show any work that it feels is inappropriate because of content or quality.
7) If the acceptance and publication of this Art violates or allegedly violates any law, it will be a matter solely between you and the complainant.
8) You agree to waive and hold harmless from any claims relating to the Art or any action taken by creativedrawer.com in relation to that Art.
9) If any dispute regarding the Art, including but not limited to authorship, submission, content, publication, or promotional use is forthcoming regarding this Art, you will assume full responsibility and will fully indemnify creativedrawer.com, its employees and owners, for any resulting expenses or damages.

Creativedrawer.com expressly disclaims any all warranties of any kind, whether express or implied, including, but not limited to the authorship of the Art.

Links

Creativedrawer.com has links to other sites; however, these other Web sites are not controlled by or monitored by us. Creativedrawer.com is not responsible for any content contained on any such web site nor for any loss or damage suffered by you in relation to your use of such Web site. You waive any and all claims against creativedrawer.com regarding such links and usage.

Resolution and Jurisdiction

Any controversy or claim arising out of or relating to this license shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim shall be arbitrated on an individual basis. The arbitration shall be conducted in Prescott, Arizona, and judgment on the arbitration may be entered into any court having jurisdiction thereof. The Terms and Conditions and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with the laws of the State of Arizona applicable to contracts entered into and to be performed entirely within the State of Arizona. Creativedrawer.com shall be awarded the actual amount of attorney's fees incurred in connection with any dispute. If any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Any failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This License sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Privacy Policy

Thank you for visiting creativedrawer.com (the “Site”) and reviewing our privacy policy. We do not collect personal data on you unless you choose to provide that information voluntarily through request forms. Your right to privacy is important, and that is why we have this Privacy Policy, to let you know how your personal information is used.

Agreement

By accessing or using the Site in any way, including but not limited to browsing the site or downloading Material, you are agreeing with this Privacy Policy. If you object to the Privacy Policy, you should not access or use the Site.

Policy Changes

This Privacy Policy may be changed from time to time, without notice. Your use of the Site will be subject to the most current version of the Privacy Policy at the time of such use.

Personal Information

You can visit the Site without telling us who you are or revealing any information about yourself. Our Web server collects the domain names, not the email addresses of visitors. This information is used to measure the use of the Site and to improve its content.

When you voluntarily provide us information such as name, shipping and billing address, and any credit card number when ordering products online, we use the information to fulfill your order. We may forward the information to other computer systems, such as secure electronic commerce servers, to complete the requested transaction.

You may be asked for your email address if you want to be on the Site’s mailing list, for notification of new work, etc. This list will not be shared with or sold to any third party. We may post comments sent to the Site’s comment page, but we will not include your email address. Otherwise we do not distribute email addresses.

Except in the course of officially authorized law enforcement investigations, or in the even of a suspected attempt to deliberately circumvent our system's security with the intent to gain unauthorized access or to do physical damage (for example, an attack by hackers), we do not attempt to identify individual users or share any information we received. In the latter case, collected information associated with a suspected intruder might be shared with appropriate law enforcement agencies.

Electronic Mail

When you send us personal mail identifying information via e-mail (that is, in a message containing a question or comment, or by filling out a form that e-mails us this information), we use it to respond to your requests. We may forward your e-mail to other who are better able to answer your questions. We do not retain or distribute lists of e-mail addresses to any parties outside of creativedrawer.com except as necessary to comply with law, protect our interests and conduct our business. Information collected via e-mail will be retained at our discretion in a directly readable form for as long as necessary to complete our response. The mail may be retained in an archival form as required by laws, regulations and procedures governing us.

Links

The Site has links to other web sites. Once you link to another site, you are subject to the privacy policy of that site. Hypertext links or other references to other sites, products or services are provided for your information only and do not constitute an endorsement or warranty, express or implied as to their suitability, content, usefulness, completeness or accuracy.

Children

We believe that children, especially children under the age of 13 using the Internet require special protection. The Children’s Online Privacy Protection Act protects the online privacy and personal information of children under 13. In compliance with that act, the Site does not intentionally collect any personally identifiable information from individuals under 13 years of age. If you are under 13, please do not send us any information about yourself, or to anyone else over the Internet.

Use of Cookies

You can browse the Site, access images, stories, etc., without revealing your identity. However, to improve the use of the Site, we may use cookies—a small amount of data that is transferred to your browser by a Web server, that can only be read by the server that gave it to you—that act like your identification card, assist in maintaining items you may place in an online shopping cart, etc. It cannot be executed as code or deliver viruses.

Most browsers are set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decline accept it or not. If you choose not to accept cookies, some pages may be inaccessible, and your experience at some sites may be diminished and some features may not work.

While cookies may be used to track your visit to creativedrawer.com, our Web servers log the IP/Internet address of your computer, but this does not identify you personally and you remain anonymous unless you have otherwise provided personal information.

Web Server Activity Logs

When a visitor requests a page from creativedrawer.com, our Web servers automatically recognize the visitor’s domain name and IP (Internet Protocol) address. The domain name and IP address reveal nothing personal other than the IP address from which the site was accessed. This information is used to assess our traffic in aggregate. The web servers do not record e-mail addresses, they do collect:

• the name, domain, and numerical Internet address of the host computer from which you access the Internet;
• the date and time the Site was accessed;
• the internet site address of the web page that you came from;
• the files that have been downloaded:
• the things that were searched for on the Site;
• the page you requested from our site and the number of characters sent to your computer;
• the information your web browser software sends as its as its “User Agent” which identifies the browser software and may indicate the operating system and type of CPU used in your personal computer.

Extracts of the log files are archived and stored off-line at our discretion for an indefinite period of time. Some statistical summaries derived from these data may be retained online or offline at our discretion for an indefinite time.

Disclosure of Information to Others

We will disclose personal information when required by law or in the good-faith belief that such action is necessary to:

1) Conform to the edicts of the law or comply with a legal process served on us.

2) Protect and defend the rights or property of creativedrawer.com, its owners or employees, or visitors to creativedrawer.com,

3) Identify persons who may be violating the law, the legal notice, or the rights of third parties,

4) Cooperate with the investigations of purported unlawful activities.

Privacy Related Complaints

If you believe that creativedrawer.com has not complied with this Privacy Policy with respect to your personal information, contact creativedrawer.com: describe with as much detail as possible the ways in which your believe that the Privacy Policy has not been complied with. We will investigate your complaint promptly.