Terms of Service

Terms of Service

WEB SITE TERMS OF USE

Wow! You actually came to this page. Our lawyers made us include it and made us use a precious
button on our home page to get you here. At first, we thought the lawyers were a real pain. But
then we read the page. What a Netwakening! It’s really important stuff. We took the legalese the
lawyers wrote and translated it into readable English. So be a smart nethead and read the stuff on
this page. It could prevent you from hearing from our lawyers, or worse yet, from really nasty
people, like prosecutors.

Here’s the deal:

We run this site so that people like you (and people you like) can use it for personal
entertainment, information, education, communication, and cybergratification. So go ahead and
browse around all you like. You can even download stuff from the site but only for noncommercial,
personal use. If you do, though, don’t fool around with the copyright and other
notices all over the stuff. They’re there for a really good reason. And don’t even think about
distributing, modifying, transmitting, reusing, re-posting, or anything else uncool with any of the
stuff, including the text, images, audio, and video, for public or commercial purposes unless we
give you written permission. And it’s not likely we will.

If you visit our site, you’re also legally obligated to [read: stuck with] the terms and conditions
listed below and any other law or regulation that applies to the site, the Internet, the World Wide
Web, or Austin, TX . You shouldn’t access or browse the site if you have any problem with
that, because once you start, there’s no turning back — you are bound by [read: stuck with] the
terms and conditions.

So here’s the scoop on our Top Ten Rules for Cybersurfers who hang out on our site:
1. For everyone’s sake, just assume that everything on the site is copyrighted unless we say it’s
not. So you can’t use the stuff except how we say you can on this page or anywhere else on the
site without our written permission. And like we said before, it’s not likely we’ll give you permission
anyway. In fact, even if we wanted to, the lawyers are likely to veto any deal anyway. So it’s better
you don’t even ask.

2. While we try to include accurate stuff on the site, we’re not promising you it’s accurate. In fact,
we’re not promising you anything except fun and entertainment. So if you use stuff on the site,
you’re using it at your own risk. Don’t call us if there’s a problem because we assume no liability
or responsibility for errors or omissions on the site.

3. We and anybody else who helped us create, produce, or deliver the site are not liable for any
damages you suffer when you use it. In particular, the lawyers want you to know that our
disclaimer includes “direct, incidental, consequential, indirect, or punitive damages arising out of
your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided
to you ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of
the above exclusions may not apply to you. Check your local laws for any restrictions or
limitations regarding the exclusion of implied warranties. ” Ugh! What a mouthful from the
mouthpieces. We put all of that in quotes because we couldn’t figure out any other way to say it
that the lawyers would accept. But here’s the bottom line — we’re not responsible if you’re
browsing around and the site damages you or your computer or infects it with any nasty viruses.
We sure hope that doesn’t happen, but if it does, don’t call us.

4. If you don’t want the world to know something, don’t post in on the site in any bulletin board or
anyplace else. That’s because anything you disclose to us is ours. That’s right — ours. So we can
do anything we want with the stuff you post. We can reproduce it, disclose it, transmit it, publish it,
broadcast it, and post it someplace else. We can even send it to your mother (as soon as we find
her address). Not only that, we can even use any ideas, concepts, know-how, or techniques you
post any way we want to, including, developing, manufacturing and marketing products or other
stuff using the information you post.

5. Pictures of people or places shown on the site are either our property or someone else’s
property we’re using with their permission. No matter what, it’s definitely not your property. You or
any of your net-friends can’t use it unless we said you could on this page or somewhere else on
the site. And guess what — we won’t say yes. So be careful, Bunky, because unauthorized use
may violate all sorts of nasty laws. Be smart, keep the stuff you download to yourself.

6. There’s also a lot of trademarks, logos, and service marks on the site that either we own or
we’re using with someone else’s permission. So don’t think you have any kind of license or right
to use them, because you don’t and we’re not about to give you one. If you don’t leave them alone
and mess with our trademarks, logos and service marks on our site, we’ll probably go ballistic, so
will the companies that own the other trademarks, logos and service marks. That means that
we’re likely to sue you or to ask a prosecutor to come after you for messing around with our
property or the property of others.

7. You’ll probably notice we’ve linked our site to lots of others. While that’s cool, it doesn’t mean
we’ve looked at all those sites, much less checked them out periodically to see what’s going on.
So don’t blame us if some site you link to is bad or has stuff on it that offends you or your pets. Go
ahead and link, but remember, you’re doing it at your risk.

8. That brings us to what you do on our own site. While we occasionally listen in on chat groups,
or look at the posting in our discussion groups or on our bulletin boards, we take no responsibility
and assume no liability for the content of those locations or for any mistakes, defamation, libel,
slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter when
you visit such places on our site. And don’t be stupid by posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean,
or profane material or any material that law enforcement types may consider a criminal offense,
get someone in court on a civil lawsuit, or for that matter violate any law — anywhere, anytime.
While we certainly respect your privacy, we have no choice but to fully cooperate with any law
enforcement authorities or court which might ask us who might have posted nasty stuff on our
site.

9. Software that we use on this Site is protected by all sorts of patriotic U.S. laws. Because of that,
you can’t download or send the software to anyone in the vacation travel spots of Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country where United States has embargoed goods;
or (get this) to anyone on the United States Treasury Department’s list of Specially Designated
Nationals, the U.S. Commerce Department’s Table of Deny Orders, or the FBI’s Most Wanted
Internet Creeps List (just kidding on the last one). As if that were not tough enough, if you live in or
are a national of any of those lovely places, you’re not even supposed to be reading this page, so
beat it!

10. We’re also allowed to change this page and anything else on the site any time we want to.
That’s because it’s ours and we have the programmers who can do it. If we do change the page,
then you’re bound by [read: stuck with] those changes, too, whenever you visit our site.

11. If either of us wants to make something of it and wants to “sue” (a dirty word) then we have to
follow these rules of engagement. (sort of according to the Geneva Convention):
This Agreement is governed by the laws of the State of Texas, without regard to principles of
conflict of laws.

To the extent you have in any manner violated or threatened to violate drawing-and-coloring.com and/or
its affiliates’ intellectual property rights, drawing-and-coloring.com and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal court in the State of California, and you consent
to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a
mutually agreed-upon mediator in the following location: Texas. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the following location: California, under the rules of the
American Arbitration Association. Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.

If this all sounds kind of mean and undiplomatic, you should have seen what the lawyers gave to
us in the first place. We had to remind them that human torture and sacrifice was outlawed in the
United States. Boy, did they look disappointed!

May 5th 2014