Please read these Terms of Use carefully before using any of the Web sites operated by David J. Vanderpool. By accessing or using and all sites created by David J. Vanderpool, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use these sites. Including but not limited to the site Paper2pencil - Illustrations by David J. Vanderpool
Trademarks, Copyrights, and
Restrictions
Paper2pencil - Illustrations by David J. Vanderpool is controlled and operated
by David J. Vanderpool ("Paper2pencil," "Pencil2Paper","This
Site", "The Site", "we," "us," or "our").
If you wish to contact us, you may e-mail us at paper2pencil@earthlink.net.
Paper2pencil were created to be both useful and entertaining. All materials
on the Paper2pencil site , including, without limitation, names, logos, trademarks,
service marks, images, illustrations, audio clips, and video clips, are protected
by copyrights and other intellectual property rights owned and controlled by
David J. Vanderpool or by other parties that hold all rights and licenses on
their material. You may download and retain only a single copy of the illustrations
found on the Paper2pencil site, solely for your personal, non-commercial use.
No Online Material may be copied, reproduced, republished, modified, uploaded,
posted, transmitted, distributed in any way, or otherwise used for any purpose
without the prior written permission of their respective owners. You may not
add, delete, distort, or otherwise modify the contents on the Paper2pencil Site.
Any unauthorized attempts to modify any Online Material, to defeat or circumvent
our security features, or to utilize the Paper2pencil Site for other than their
intended purposes are prohibited. Please report any material on www.Paper2pencil.com
which you believe may infringe your copyright .
Linked Sites
We have provided links to related sites for your convenience ("Linked
Sites"). We do not review or endorse Linked Sites in any
way whether or not Paper2pencil is affiliated with the sponsors
of a site. We are not responsible for the content of Linked Sites
or any off-site pages linked to the Paper2pencil site. You access
such linked sites and off-site pages at your own risk. It is up
to you to take precautions to ensure that such linked sites that
you visit and the information you select on them are free of viruses,
worms, vermin, Trojan horses, and other items of a destructive
nature. Visitors to any Linked Sites are urged and expected to
abide by the Terms of Use and Privacy Policies of that particular
Linked Site.
Submissions to Paper2pencil
Site
You may only use the Paper2pencil site and its contents for lawful
purposes and in accordance with applicable law and you are prohibited
from storing, distributing or transmitting any unlawful material
through us. You may not collect or store personal information
regarding other users. You recognize that storing, distributing
or transmitting unlawful material could expose you to criminal
and/or civil liability. You agree that if a third party claims
that material you have contributed to Paper2pencil and/or its
links is unlawful, you will bear the burden of establishing that
it is lawful. You understand and agree that all materials publicly
posted (other than by Paper2pencil) or privately transmitted on
or through Paper2pencil are the sole responsibility of the sender,
not Paper2pencil, and that you are responsible for all material
you upload, post or otherwise transmit to or through The Site.
Any notes, message/bulletin board postings, ideas, suggestions, concepts, or other material submitted to us will become the property of Paper2pencil and Paper2pencil shall be entitled to use such material for any type of use forever, including in any media whether now known or hereafter devised. You agree that any submission you make to us is original with you and accurate. You agree that you will not submit or otherwise publish through The Site any content, or act in any way, which in Paper2pencil's opinion:
(A) may constitute libel, defamation,
invasion of privacy, or is obscene, pornographic, abusive, or
threatening;
(B) may infringe any intellectual property or other right of any
entity or person;
(C) may violate any applicable law or advocates illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation
for goods, services, advertisers or sponsors or otherwise engages
in commercial activity;
(E) disrupts the normal flow of dialogue or otherwise act in a
way which affects the ability of other people to engage in real
time activities via This Site;
(F) includes programs which may contain viruses, worms, trojan
horses or other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunication;
(G) includes MP3 format files;
(H) disobeys any policy or regulation established from time to
time regarding use of This Site or any networks connected to This
Site; or
(I) contains links to other sites that contain the kind of content
which falls within the descriptions set out in (A) to (H) above.
We are not responsible for any material posted on the bulletin boards or in the chat areas conducted on the Paper2pencil Site. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone posting materials in violation of any applicable federal, state, or local laws. We reserve the right in our sole discretion to remove or disable access to any material posted on or to our site, including without limitation material posted by you to any future Paper2pencil message board or chat room , that might be created, if we believe that material violates any of the above policies or infringes any intellectual property rights. Furthermore, if we believe in our sole discretion that you have violated any of the terms of these Terms of Use, including specifically but without limitation by posting or providing links to material which infringes intellectual property rights, we reserve the right to terminate your access to the Paper2pencil Site.
Applicability of Online Materials
Unless otherwise specified, the Online Materials are presented
solely for the purpose of Entertaining users of this site in the
United States and its territories, and for promoting the sole
artist and the work he is capable of creating. Paper2pencil is
controlled and operated by David J. Vanderpool from its offices
within the States of California. We make no representation that
the Online Materials are appropriate or available for use in other
locations outside the United States. Those who visit Paper2pencil
from other locations do so on their own initiative and are responsible
for compliance with all applicable local laws. You specifically
agree to comply with all applicable laws, including without limitation
those concerning the transmission of technical data exported from
the United States or the country in which you reside.
CELEBRITIES: Tom Cruise, Viggo Mortenson, Olivia Newton-John, Meg Tilly, Richard Dean Anderson, Ricky Martin, Merl Haggard and any and all past and future celebrities are displayed for sole purpose of revealing what the artist can do. All attempts to reach them or their agency has been made and should they or their representive wish to have the drawing, they are welcome to that drawing free of charge. A gift to the rightful owner for allowing the artist to display their image and that drawing.
All celebrity drawings displayed on Paper2pencil (The Site) are legally owned by the photographer, celebrity , agent or their representive, unless other wise noted and used by permission. It is not the artist's intend to sell or market on their images or name, and will not sell or allow others to use their image or copy of the drawing that was created. There is no intent to take away from what is legally theirs. All legal rights belong to that person. agency/ photographer and or persons behind that individual.
PORTRAITS AND NUDE DRAWINGS: All images found on Paper2pencil (The Site) are commissioned pieces from actual people or friends who contacted the artist, or practice images while the artist was studying or between assignments. All drawings are posted with permission from the seller/person.
All images drawn from photographs were legally represented and/or approved by the photographer.
DISCLAIMER OF WARRANTIES AND
LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, THE ONLINE MATERIALS,
AND ANY PRODUCTS OR SERVICES PURCHASED ON THIS SITE IS AT YOUR
SOLE RISK. ALL ONLINE MATERIALS AND THE PRODUCTS AND SERVICES
OFFERED ON THIS SITE ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, PAPER2PENCIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER
PAPER2PENCIL, NOR DAVID J. VANDERPOOL AND LOST LINKED ON THIS
SITE , NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND
DISTRIBUTION OF PAPER2PENCIL WEB SITE WARRANT THAT THIS SITE WILL
BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT PAPER2PENCIL OR THE SERVER THAT MAKES THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
MATERIAL THAT YOU MAY READ ON PAPER2PENCIL'S WEB SITES IS PROVIDED
FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. PAPER2PENCIL DOES
NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIAL IN PAPER2PENCIL'S WEB SITES
OR LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. PAPER2PENCIL MAKES NO WARRANTIES THAT YOUR USE OF
THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER
CONTENT IN PAPER2PENCIL'S SITE WILL NOT INFRINGE THE RIGHTS OF
OTHERS AND PAPER2PENCIL ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICES OR OTHER CONTENT OF THIS SITE. IF APPLICABLE
LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED
WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING
THE FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT PAPER2PENCIL,
AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION
OF PAPER2PENCIL'S WEB SITE SHALL NOT BE LIABLE FOR: (A) ANY CLAIMS,
LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES RESULTING FROM
YOUR PURCHASE OF ANY PRODUCT OR SERVICES ON THIS SITE OR FROM
YOUR USE OF ANY ONLINE MATERIALS; (B) YOUR USE OR INABILITY TO
USE OR ACCESS THIS SITE; OR (C) DEFECTS, DELAYS IN OPERATION,
TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON THIS
SITE OR THE INTERNET. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION
OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY
TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL, INFORMATION
OR OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE BULLETIN BOARDS,
IN THE CHAT AREAS OR OTHER FORUMS CONDUCTED ON THIS SITE ("FORUMS")
AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL,
INFORMATION OR OPINIONS. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW
FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF
PAPER2PENCIL. PAPER2PENCIL MAY REMOVE OR MODIFY ANY CONTENT WITHOUT
NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE
OF THIS SITE OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE
SUBJECT TO THE DISCLAIMERS AND LIMITATION ON LIABILITY SET OUT
ABOVE.
Indemnification
You will indemnify and hold harmless Paper2pencil, and the successors,
licensees, assigns, officers and directors of each from and against
any and all claims, losses and damages (including reasonable attorney's
fees) constituting and arising out of a breach of any of the provisions
of these Terms of Use, including without limitation from your
placement or transmission of any content onto Paper2pencil, and/or
from any and all use of any site created or operated by David
J. Vanderpool.
Governing Law
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of California without regard to its
provisions regarding conflicts of law. You agree to submit to
the exclusive jurisdiction of the federal, state, and local courts
located within the State of California. If any provision of these
Terms of Use is unlawful, void, or unenforceable, it will not
affect the validity and enforceability of any other provision.
These Terms of Use set forth the entire agreement regarding all
of the matters discussed herein. Because these Terms of Use are
subject to change and you will be legally bound by such changes,
you should periodically visit this section to review the current
Terms of Use. We reserve the right to terminate this agreement
at any time without notice for any reason. These Terms of Use
were last updated on August 1, 2004.
™ & © 1998-2008 Daavid J. Vanderpool. All rights reserved.