Terms & Conditions

TERMS OF USE FOR DRAWING BOOTH’S ILLUSTRATION FROM PHOTO UPLOAD SERVICES 

EFFECTIVE DATE – MAY 15, 2021

These Terms of Use (“Terms”) govern your use of Drawing Booth’s Digital Illustration From Photo Upload Services (“Upload Services”) and form a binding contract between you and Drawing Booth Inc. and its affiliates (collectively “Drawing Booth,” “we”,  “us” or “our”).  As a condition to using the Upload Services, you must agree to and accept all of the Terms by checking the “I Agree” box provided below. If you do not indicate your agreement to and acceptance of the Terms by checking the “I Agree” box provided below, you will not have the right to use the Upload Services. The Terms are as follows:

  1. Description of the Upload Services. Drawing Booth will create an original illustration (“Artwork”) based on photos/images (“Images”) which you upload via the Drawing Booth portal as specified by Drawing Booth and shall be delivered to you electronically or as otherwise provided on the online order form.  You agree that the artist creating your Artwork shall be using his/her/their creative interpretation and, accordingly, the finished Artwork may not be an exact replication of the Image(s) you provided.

  1. Image Conditions. You shall not upload any Images if you do not own the copyright to the Image or do not have permission from the owner of such copyright to upload the Image and engage Drawing Booth to render the Upload Services. Drawing Booth shall have no obligation to provide the Upload Services until such time as Drawing Booth is in receipt of each Image in accordance with all of the specifications (e.g., resolution, format, size, etc.) required by Drawing Booth. 

  1. Controversial Content. You shall not upload any Image to the Upload Services if it contains or depicts any symbolism, statements, depictions, etc. that could reasonably be deemed to constitute hate speech, pornography, violence, defamation, or any other matter which Drawing Booth (in its sole discretion) determines to be objectionable.  Drawing Booth may, as it determines in its sole discretion, request the submission of a different  Image or issue a refund and reject the submission entirely.

  1. Your Image. If you appear in the Image, you grant Drawing Booth the right to illustrate you and to include such illustration as part of the Artwork. If other individuals appear in an Image, you have obtained each such individual’s approval to have Drawing Booth illustrate him/her/them and to include each such illustration as part of the Artwork.

  1. Third Party Imagery. If any material or intellectual property (such as copyrights, trademarks, logos, etc.) which is owned by a third party (“Third Party Material”) appears in an Image, you have obtained each such third party’s approval to have Drawing Booth illustrate each such item of Third Party Material and to include such illustration as part of the Artwork.

  1. Ownership of Artwork/Work Product. Drawing Booth shall retain ownership of all copyrights, intellectual property and other rights in and to the Artwork and Drawing Booth’s work product in all stages of creation (including, without limitation, all copyrights, trademarks, etc.) (all of the foregoing, collectively “Work Product”). You agree that Drawing Booth shall have the right to use the Work Product for the promotion and publicity of Drawing Booth’s businesses, including, without limitation, posting such Work Product on its website and social media accounts. 

  1. No Alteration of Artwork. You shall NOT have the right to make any changes to the Artwork, including, without limitation, deleting, modifying or obfuscating any Drawing Booth logo, water mark or copyright notice which appears on the Artwork as delivered to you by Drawing Booth.

  1. Limited Personal Use of Artwork. Subject to your continued compliance with all of the Terms, you shall have the limited right to use the Artwork for your own personal non-commercial purposes, (i.e., you may show it to your friends, and post it on your own proprietary website and your own branded social media accounts). You may NOT use or grant any third party the right to use the Artwork in any manner which would generate income, such as selling the Artwork or authorizing or permitting the usage of the Artwork in any advertising campaign, on merchandise, in connection with a commercial tie-in and/or in connection with any branded, entertainment or political project or campaign, etc. 

  1. E-mail Communication. You agree that Drawing Booth may communicate with you regarding all matters in connection with the Upload Services, these Terms and/or your order via the email address you provided as part of the order process and that the Artwork may be electronically transmitted to you and sent to the email address you provided as part of the order process. Drawing Booth is not responsible for any damages, delays, etc. that occur as part of the electronic transmission process or your usage of any digital Artwork, including, without limitation, any inability to access the Artwork, the transmission of any viruses or malware or any other issues in connection with software, hardware, internet connectivity, etc. 

  1. PAYMENT TERMS/NO REFUNDS. ALL SALES ARE FINAL. NO REFUNDS, REPLACEMENTS OR REVISIONS. Drawing Booth’s services shall not commence, and Drawing Booth shall have no obligations to you until such time as Drawing Booth has received confirmation that payment has been processed in full, and that all Images, etc. as required by Drawing Booth are satisfactorily provided to Drawing Booth.

  1. Confirmation of Orders.  While it is Drawing Booth’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. Drawing Booth reserves the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any user/customer. Drawing Booth also may require verification of information prior to the acceptance and/or shipment of any order.

  1. Cancellation or Refusal of Orders. Drawing Booth reserves the right to refuse any order you place with us. Drawing Booth may, in our sole discretion, limit or cancel quantities purchased per user, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Drawing Booth makes a change to or cancels an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number you provided by you at the time your order was made. Drawing Booth reserves the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

  1. Indemnification. You shall indemnify and hold Drawing Booth, its parent, subsidiary, affiliated entities and/or any of their respective licensors, licensees or partners and/or any of their respective officers, directors, members, shareholders, employees, agents and/or attorneys harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Upload Services (including any actions taken by a third party in connection with any Image used by Drawing Booth), (b) the account/payment method you use to pay for the Upload Services and/or (c) your breach of any of the provisions of these Terms. 

  1. Privacy Policy. The terms of Drawing Booth’s Privacy Policy, are hereby incorporated by reference and shall apply to the Upload Services. 

  1. Modification. Drawing Booth reserves the right, in our sole discretion, to modify or replace any part of these Terms., or change, suspend, or discontinue the Upload Services at any time by posting a notice on the Drawing Booth website or by sending you notice via e-mail. Drawing Booth may also impose limits on certain features or restrict your access to parts or all of the Upload Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Upload Services following notification of any changes to these Terms constitutes your acceptance of those changes.

  1. Entire Agreement/Miscellaneous. These Terms constitute the entire agreement between Drawing Booth and you with respect to the Upload Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Drawing Booth and you with respect to the Upload Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

  1. Customer Service.  If you have any questions or require assistance, please contact us via email at: hello@drawingbooth.com or call us at: 347.593.8663.

Contact us today to set up a creative team consultation.

Share the details of your event

Request a Quote