Drooodle's Terms Of Service

# **SHORT VERSION:**

Drooodle is an online tool for creating and remixing images with friends and strangers. By submitting images, you aknowledge that other people can edit, remix and republish your work within the service. Drooodle is made to foster creativity trough creation and destruction. We believe that creating things is best done together.

Our service is currently free, as an early beta offering. By signing up, you acknowledge that you are aware that in the future we will add advertising and offer you paid upgrades. Our service is designed to give you as much control and ownership over what goes on your account and to let you express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your account (things like spam, viruses, or hate content).

The use of drooodle is a privilege, not a right. Missuse of the service (yes, we will be the judge), will cause you to be banned from the site. This means that we preserve the right to delete any image or delete both your user, all of your images and report you to the authorities if neccesary.

## **Dont’s:** Edit

- Don’t use drooodle if you are under 18 years of age. (We plan to lower our age limit later, but while we are in beta, you need to be at least 18 year old or get consent from your parents or guardians.)

- Don’t be a jerk or a troll when using drooodle.

- That means don’t draw, upload, discuss, spread, request or link to pictures or content containing obscenity, advertising, solicitations, "hate speech" (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages illegality. Or anything else that violates local or United States law.

-Don’t use drooodle if you get mad when people are remixing your content.

## **Do’s:** Edit

- If you see any material that you believe violate our terms of service, please email us at abuse@drooodle.com

- Have fun and play.

## **About the drooodles you create:** Edit

Everything on drooodle is publicy available, unless you choose to make your content private. Private drooodles shared with a friend are only private until the link is shared with someone else. Eg. the internet.

In other words: don’t create stuff that you don’t want other people to see.

## **Terms of Service:** Edit

The following terms and conditions govern all use of the drooodle.com website and all content, services and products available at or through the website. The Website is owned and operated by Man VS Internet AS. (“MVI”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MVI's Privacy Policy) and procedures that may be published from time to time on this Site by MVI (collectively, the “Agreement”).Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by drooodle, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content and images.

### 1. Your drooodle.com user account. Edit

If you create a user on drooodle, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not create or publish content which are misleading or unlawful in any manner, including in a manner intended to trade on the name or reputation of others, and MVI may change or remove any image that it considers inappropriate or unlawful, or otherwise likely to cause MVI liability.
You must immediately notify MVI of any unauthorized uses of your account or any other breaches of security. MVI will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

### 2. Responsibility of Contributors. Edit

If you operate an account, comment on a drooodle, post material to droodle, post links on drooodle or otherwise make (or allow any third party to make) material available by means of your account (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content inquestion constitutes text, graphics, an audio file, or computer software. By making Content available, you representandwarrant that:- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;- your account is not presented in a manner that misleads your readers into thinking that you are another person or company; and- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by drooodle or otherwise.

By submitting Content to MVI for inclusion on your account, you grant MVI a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. This license allows MVI to make publicly-posted content available to third parties selected by MVI so that these third parties can analyze and distribute (but not publicly display) your content through their services.

You also give other drooodle users permission to share and remix your Content on other drooodle accounts and add their own Content to it (aka to remix your Content).If you delete Content, MVI will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, MVI has the right (though not the obligation) to, in MVI’s sole discretion (i) refuse or remove any content that, in MVI’s reasonable opinion, violates any MVI policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the account to any individual or entity for any reason, in MVI’s sole discretion. MVI will have no obligation to provide a refund of any amounts previously paid.

### 3. Responsibility of Drooodle Visitors. Edit

MVI has not reviewed, and cannot review, all of the material, including computer software, posted to drooodle, and cannot therefore be responsible for that material’s content, use or effects. By operating drooodle, MVI does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Drooodle may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MVI disclaims any responsibility for any harm resulting from the use by visitors of drooodle, or from any downloading by those visitors of content there posted.

### 4. Content Posted on Other Websites. Edit

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which drooodle links, and that link to drooodle. MVI does not have any control over those non-drooodle websites and webpages, and is not responsible for their contents or their use. By linking to a non-drooodle website or webpage, MVI does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MVI disclaims any responsibility for any harm resulting from your use of non-drooodle websites and webpages.

### 5. Copyright Infringement and DMCA Policy. Edit

As MVI asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by drooodle.com violates your copyright, you are encouraged to notify MVI in accordance with MVI’s Digital Millennium Copyright Act (“DMCA”) Policy. MVI will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MVI will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MVI or others. In the case of such termination, MVI will have no obligation to provide a refund of any amounts previously paid to MVI.

### 6. Intellectual Property. Edit

This Agreement does not transfer from MVI to you any MVI or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MVI. MVI, drooodle, drooodle.com, the drooodle logo, and all other trademarks, service marks, graphics and logos used in connection with drooodle.com, or the Website are trademarks or registered trademarks of MVI or MVI’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any drooodle or third-party trademarks.

### 7. Advertisements. Edit

MVI reserves the right to display advertisements on your account unless you have purchased an Ad-free Upgrade or a VIP Services account.

### 8. Changes. Edit

MVI reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MVI may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

### 9. Termination. Edit

MVI may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your drooodle account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

### 10. Disclaimer of Warranties. Edit

The Website is provided “as is”. MVI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MVI nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

### 11. Limitation of Liability. Edit

In no event will MVI, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MVI under this agreement during the twelve (12) month period prior to the cause of action. MVI shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

### General Representation and Warranty. Edit

You represent and warrant that (i) your use of the Website will be in strict accordance with the MVI Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

### Indemnification. Edit

You agree to indemnify and hold harmless MVI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

### Miscellaneous. Edit

This Agreement constitutes the entire agreement between MVI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of MVI, or by the posting by MVI of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MVI may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

### Governing law and dispute resolution. Edit

The Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual dispute or claims) will be governed by and construed in accordance with Norwegian law. The parties to the Terms agree that the Norwegian courts will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims). In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover the costs of the proceedings including but not limited to any reasonable legal fees and costs. Both parties to the Terms agree that the Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications to the Terms must be in writing signed by both parties, except as otherwise provided in the Terms.