TERMS OF USE AGREEMENT
This Terms of Use Agreement sets forth the standards of use of the DrawPlan Smartphone Application (“Product”). By using the DrawPlan application you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not continue usage the application. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.DrawPlan.net. Your continued use of the Service and Product after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
1.Description of Product
and Service
DrawPlan provides the User with an application that allows the User to create
2d floor plan representations. Some of the application’s features utilize the
cell phones service and data services. User is responsible for any fees related
to these related to the cell phone service and data services.
2. Membership Terms
DrawPlan does not charge any fee for the User to access the application. The User can opt to download the Smartphone application Product at no charge and use the available features at no charge. The User may opt, at their discretion, to upgrade to a Subscription Plan whereby monthly or annual dues will be specified and paid in advance via Apple App Store or Google Play Store.
Subscription Plan payment is due monthly or annually on the anniversary of the date of membership and membership dues will continue unless a User cancels their membership through the store they purchased it from. The User will be charged at the rate in effect at the time of renewal. A Subscription Plan can be cancelled, terminated or discontinued by the User or DrawPlan, at its sole discretion, at any time however Pain In App Subscriptions are non-refundable.
The User is responsible for notifying Apple or Google of any change in name, billing address, email, telephone, credit card or other account information to insure uninterrupted service. To cancel DrawPlan service, the User is solely responsible for cancelling their subscription directly with Apple or google. Apple & Google reserves the right to change membership fees and other charges at any time with or without prior notice.
3. Corporate Contact
The User agrees to allow DrawPlan to send information regarding the Product and
Service from time to time. This information may be of a corporate, promotional,
third-party advertising, or product nature. DrawPlan may contact the User via
email, billing address or the DrawPlan smartphone application. At any time the
User may opt out of receiving such information by following the specified
procedure to opt-out, unsubscribe or block an application. For more information
on DrawPlan’s use of member information, read DrawPlan’s’ Privacy Policy.
4. Disclaimer of
Warranties
The Service and Product are provided by DrawPlan on an ‘as is’ and on an ‘as
available’ basis. To the fullest extent permitted by applicable law, DrawPlan makes
no representations or warranties of any kind, express or implied, regarding the
use or the results of the Service and Product in terms of its correctness,
accuracy, reliability, or otherwise. DrawPlan shall have no liability for any
interruptions in the use of the Product or Service. DrawPlan disclaims all
warranties with regard to the information provided, including the implied
warranties of merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of implied
warranties; therefore the above-referenced exclusion is inapplicable.
DrawPlan does not warrant that its Product or Service will operate error-free or that its application, website and server are free of computer viruses and other harmful goods. If the User’s use of DrawPlan’s Product or Service results in the need for servicing or replacing equipment or data, DrawPlan is not responsible for those costs.
5. Limitation of
Liability
DRAWPLAN SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DRAWPLAN
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING
OUT OF OR RELATED TO THIS WEBSITE APPLICATON OR THE INFORMATION CONTAINED IN
IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN
EQUITY, AT LAW, OR OTHERWISE, EVEN IF DRAWPLAN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
6. Indemnification
Users agree to indemnify and hold DrawPlan, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third party due to
or arising out of User’s use of the Service, the violation of this Agreement,
or infringement by a User, or other User of the Service using a DrawPlan Subscription
Plan privilege, of any intellectual property or any other right of any person
or entity.
7. Rules &
Responsibilities
Users agree to not use the Service to: (i) upload, post, email or otherwise
transmit any content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) harm minors in any way; (iii) impersonate any person or entity, including,
but not limited to, a DrawPlan official, forum leader, guide or host, or
falsely state or otherwise misrepresent User’s affiliation with a person or
entity; (iv) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the Service; (v) upload,
post, email or otherwise transmit any content that User does not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements); (vi) upload, post, email or otherwise transmit any content that
infringes any patent, trademark, trade secret, copyright or other proprietary rights
(“Rights”) of any party; (vii) upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation,
except in those areas (such as a marketplace or classifieds) that are
designated for promotional purpose; (viii) upload, post, email or otherwise
transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment; (ix) disrupt the normal flow of dialogue or otherwise act in a
manner that negatively affects other users’ ability to engage in real time
exchanges; or (x) interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service. DrawPlan shall have the
right, but not the obligation, to monitor the content of the DrawPlan website,
including chat rooms and forums, to determine compliance with this Agreement
and any operating rules established by DrawPLan and to satisfy any law,
regulation or authorized government request. DrawPlan shall have the right in
its sole discretion to edit, refuse to post or remove any material submitted to
or posted on the DrawPlan website.
8. Modifications and Interruption to Service or Product
DrawPlan reserves the right to modify or discontinue the Service and Product with or without notice to a User. DrawPlan shall not be liable to a User or any third party should DrawPlan exercise its right to modify or discontinue the Service, Product, or any of the Product Features at any time. Member acknowledges and accepts that DrawPlan does not guarantee continuous, uninterrupted or secure access to our website or product and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Governing Jurisdiction of the Courts of Colorado
Our website is operated and provided in the State of Colorado. As such, we are subject to the laws of the State Colorado, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website, application other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Colorado.
10. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright Information
All content included or available in the DrawPlan product application and website including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of DrawPlan and/or third parties protected by intellectual property rights. Any use of materials on the website or application, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DrawPlan is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy DrawPlan web pages or the content contained therein without prior written permission of an authorized officer of DrawPlan.
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by DrawPlan, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.