General Terms of Service and Conditions of Use

Effective as of May 3, 2023

Welcome to DITKI.COM! This website, including all of its information, content, and services (this “Site”), is a service made available by Draw It to Know It, LLC (“Provider”). Please read carefully these general terms of service and conditions of use (these "Terms and Conditions") before using the Site as all content, information and services provided on or through this Site may be used solely in strict accordance with these Terms and Conditions.

These Terms and Conditions are intended to constitute a binding agreement that governs your use of this Site. By accessing and using this Site, you signify your express acceptance of and assent to these Terms and conditions. If you do not agree to these Terms and Conditions, do NOT use this Site.

  1. Ownership and Site Modification

    This Site, in its entirety, is owned and operated by Provider. The content contained on this Site including, by way of illustration and not by way of limitation, graphics, text, images, video, software, photographs, illustrations, user interfaces, and the design, selection and arrangement thereof (collectively, the “Content”), and the trademarks, trade names, service marks and logos contained thereon (collectively, the “Trademarks”), regardless of whether the Trademarks are displayed with trademark or registration symbols, are owned exclusively by or licensed to Provider, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

  2. Restrictions on Use of Site

    1. Provider, and on behalf of its licensors, reserve all rights in and to this Site, including, but not limited to, the Subscription Services (as defined in Section V.C.), Content and Trademarks thereon, not expressly granted in these Terms and Conditions. The various aspects of this Site, such as the Subscription Services, Content and Trademarks, may not be used, copied, printed, reproduced, downloaded, distributed, transmitted, broadcast, displayed, published, sold, licensed, rented, modified, edited, adapted, compiled or otherwise exploited for any public or commercial purpose without the express prior written consent of Provider, except as noted below.
    2. You are not permitted to download or print a copy of any aspect of the Subscription Services for any reason. If you download a piece of non-Subscription Service Content or the Trademarks, you must retain all copyright and other proprietary notices contained thereon.
    3. You may not distribute such downloads to others without Provider’s express prior written permission.
    4. You may utilize this Site only for its intended purposes.
    5. You are prohibited from intentionally providing erroneous or misleading information or impersonating another person or entity when utilizing the Site.
    6. You expressly agree not to circumvent, disable, or otherwise interfere with security related features of this Site or features that prevent use, downloading or copying, or enforce limitations on access to or use of the various aspects of this Site including but not limited to the Subscription Services, Content and Trademarks.
    7. You are prohibited from using any device, software or routine to interfere or attempt to interfere with any activity being conducted on this Site.
    8. You agree not to use this Site for any unlawful purpose.
    9. For classroom use, subscriber, or its authorized users may embed links to this Site in secure course software accessible only to Authorized users

  3. Access to this Site, Registration, Subscriptions and Privacy

    1. To access this Site, you must have access to the World Wide Web and you are solely responsible for any fees and/or charges incurred to access this Site through an Internet service provider or other third-party service.
    2. Certain services provided through this Site require you to register. If registration is required, you agree to not intentionally provide erroneous or misleading information or impersonate another person when registering. Each registration is for a single individual or entity only. You will receive a User Name and Password upon completion of the registration process.
    3. Certain services provided through this Site may require payment of charges and/or fees in order to use or receive a subscription (each a “Subscription Service” and, collectively, the “Subscription Services”). Your use of a Subscription Service is subject to approval of your valid major credit card and verification of any other information that Provider may request from you.
    4. We collect information from you that is not personally identifiable when you visit this Site. For details about how the collected information is managed and used, see our Privacy Policy, which is a separate policy statement that is expressly not incorporated into these Terms and Conditions.
    5. Authorized users may be defined as current students, faculty, and staff of Subscriber, who will access the Site via controlled proxy logon.

  4. Links to Other Sites

    1. This Site may contain links to other websites (“Linked Sites”) not owned, managed or under the control of Provider. The Linked Sites are provided as a convenience to you, and Provider is not in any way responsible for Linked Sites that are owned, operated or maintained by parties other than Provider. By clicking on a link to any Linked Sites, you acknowledge that Provider has no control over and makes no warranties, representations or guarantees of any kind with respect to the Linked Sites, their availability, or any of their features, services, software, databases or content. The links to such Linked Sites also do not constitute an endorsement or sponsorship by Provider of the Linked Sites or their features, services, software, databases or content. In addition, the links to such Linked Sites do not imply affiliation or association by Provider, unless expressly disclosed otherwise, with their owners, operators or sponsors.
    2. Linked Sites may have terms of service and conditions of use, subscriber agreements, and privacy policies that are different than those posted on this Site. Provider is not responsible for any of the terms of services and conditions of use, subscriber agreements, or privacy policies of Linked Sites that are not owned, operated or maintained by Provider.
    3. We encourage you to link to this Site.

  5. Disclaimer of Warranties

    We do not offer any warranties or make any representations about any benefits or opportunities which you may obtain at this Site. This Site is provided to you “AS IS” without any warranties whatsoever about the nature, accuracy, completeness, reliability or timeliness of the Content, either when posted or as a result of the passage of time, and without any representations or guarantees. You ALSO acknowledge and agree that this Site is intended for general educational purposes only and that this Site and its content and subscription services are not intended to constitute, and do not constitute, the practice or furnishing of medical or professional health care advice, diagnosis, consultation, treatment, content, data, software, information, products and/or service.

  6. Liability

    To the fullest extent permitted by applicable law, neither Provider nor any of its employees, agents or other representatives (the “Provider Parties”), will be liable (jointly or severally) to you or any other person for any loss or damages, whether direct or indirect and whether characterized in negligence, tort, contract, or other theory of liability, including but not limited to indirect, special, consequential, incidental, punitive or exemplary loss or damages including, but not limited to, loss of data, savings, income, profit or opportunity, loss of or damage to property, and claims of third parties, arising out of or in connection with:

    1. your access, use or misuse of, or inability to access or use, this Site;
    2. your receipt or subsequent application, use or misuse of information or materials made available through any aspect of this Site;
    3. Provider’s change, suspension or discontinuance of any aspect of this Site;
    4. any other cause resulting from your access to, use or misuse of this Site.

  7. Indemnity

    You agree to defend, indemnify and hold harmless Provider and its employees, agents and other representatives (the “Indemnified Persons”), from and against all liabilities, obligations, claims, damages, penalties, causes of action, cost and expenses, including reasonable attorneys’ and paraprofessional fees (as determined by the prevailing market rate in the community in which litigation arising from this Agreement is conducted), imposed upon or incurred by or asserted against the Indemnified Persons arising out of or relating to:

    1. your access, use or misuse of this Site or Linked Sites;
    2. your submission of any personal or business information or materials resulting from your use or misuse of this Site or Linked Sites; or
    3. your violation, breach, or alleged violation or breach of these Terms and Conditions.

  8. Subscriptions, Trials, and Cancellation

    You agree to pay all agreed upon fees for all subscriptions for access to our products and services for a specified period of time (a “Subscription”), ordered through the Site as set forth on the cart confirmation page ("Fees") in accordance with the terms set forth herein. You authorize Provider and our billing agents, as applicable, to store your payment method(s) and to automatically charge your payment method(s) at the start of each subscription period without prior notification until you cancel. We will automatically charge you the subscription Fees agreed upon on the cart confirmation page, plus applicable taxes (such as VAT or GST if the rate does not include it), every subscription period upon renewal until you cancel. 

    By default, all subscriptions with periods equal to or shorter than one year shall automatically renew at the end of the subscription period. You may cancel your subscription to prevent it from renewing after the current period by either disabling the auto-renew setting on the subscription or contacting us to request cancellation at any time prior to the end of the subscription period. Unchecking the “Auto Renew” setting in the cart or in your My Account > Subscription settings during or prior to a trial period will not prevent a trial from converting into paid a subscription, rather, it will prevent the subscription from renewing after the initial subscription period following the trial period. You may cancel your trial from within the My Account > Subscription settings by clicking the “Cancel Trial” control within the subscription, or by contacting us to request trial cancellation prior to the end of the trial period. After cancelling a subscription you will retain access to subscription materials for the remainder of the current period, however, cancelling a trial will terminate your trial access effective immediately. You will not be entitled to a prorated refund of any portion of the Fees paid for the then current subscription term, except as required by applicable law. 

  9. General Provisions

    These Terms and Conditions comprise the entire agreement between you and Provider with respect to the use of this Site.