DRAWNTOGETHER
Terms Of Use
1. Acceptance of Terms of Use
The following terms of use (these “Terms of Use”) constitute a legal agreement between you (the “User”) and Pop Sandbox ("Pop Sandbox," "we," "us," "our"). These Terms of Use govern your access to and use of the app DrawnTogether (the “App”).
BY ACCESSING OR USING THE APP, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE APP.
In order to use the App, you represent and warrant that you are the legal age of majority in your jurisdiction of residence. If you are not of the age of majority in your jurisdiction of residence, you must not access or use the App.
2. Modifications to these Terms of Use
We reserve the right to make changes to this App and to these Terms of Use at any time without prior notice. Any and all such changes are effective immediately and apply to your continued use of or access to the App. You should review these Terms of Use each time you access the App.
3. Your Account
To access and use our App, you may create a password-protected account. You are responsible for safeguarding the confidentiality of the username and password that you use to access your member account on our App. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your account on our App.
We reserve the right, in our sole discretion, to disable or terminate your account at any time for any reason, including for any violation of these Terms of Use.
4. App security
You shall not attempt to circumvent or violate the security of our App, including, without limitation by:
· attempting to breach or breaching any security or authentication measures, such as attempting to access another member’s account;
· restricting, disrupting or disabling service to the App’s hosts, servers, or networks;
· illicitly reproducing any of the App’s TCP/IP packet headers;
· disrupting network services and otherwise disrupting our ability to monitor the App;
· using any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
· introducing any viruses, trojan horses, worms, logic bombs, or other material that are malicious or technologically harmful;
· attacking the App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or
· otherwise attempting to interfere with the proper working of the App.
5. Intellectual Property Rights and Ownership
All content and materials comprising the App, including without limitation, software, computer code, design, artwork, graphics, video, animations, sounds, musical compositions, audio-visual effects, games, titles, themes, objects, icons, virtual items, characters, stories, dialogue, catch phrases, concepts, formats, effects, methods of operation and documentation, and the selection and arrangement thereof are owned by Pop Sandbox (the “Company Content”). The App and all Company Content are protected by Canadian and international intellectual property laws including, without limitation, copyright, trademark, patents, or trade secret.
Subject to your compliance with these Terms of Use, Pop Sandbox grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the App, solely for your personal, non-commercial use. Except as expressly authorized by these Terms of Use, you may not download, reproduce, modify, adapt, create derivative works of, use, publish or distribute any Company Content.
The Pop Sandbox and DrawnTogether names, the Pop Sandbox and DrawnTogether logos, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Pop Sandbox or its licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this App are the trademarks of their respective owners. Use of any such property, unless authorized by us in writing, constitutes an infringement or violation of the rights of the trademark owner and may be a violation of federal or other laws and could subject you to legal action. You shall not delete or alter any copyright or trademark notices from copies of the Company Content.
All other trademarks, service marks, trade names and logos used on the App, with or without attribution, are the property of their respective owners.
You agree not to (a) use the App for any use or purpose other than as expressly permitted by these Terms of Use, or (b) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App or any portion thereof, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pop Sandbox or its licensors, except for the permissions and rights expressly granted in these Terms of Use.
6. User Generated Content
User generated content (“User Content”) is defined as any content, material, data and information that you create, upload to, or transmit through the App, or that is extracted from a third party profile, including, without limitation, text, images, stories, photos, sound, music, drawings, sketches and game questions.
By posting any User Content, you hereby grant us and our affiliates, and other users of the App who have contributed their own User Content to a collaborative work on the App, and each of their and our respective licenses, successors, and assigns (each of the foregoing is each an “App Licensee” and collectively the “App Licensees”) a world-wide, unlimited royalty free, irrevocable and non-exclusive right and license to publish, display, convert, publicly present, assign, reproduce, distribute, edit, modify, excerpt, adapt, store, translate, and otherwise use your User Content, in whole or in part, in any way and in any form of media now known or hereafter developed, including, but not limited to, promotional, marketing, research, trade or commercial purposes, without review, notice, approval or compensation (“Content License”). The Content License includes the right and authorization for us and our affiliates (and each of their and our respective licenses, successors, and assigns) to make your User Content available to third parties (including but not limited to other users of the App) and to let others (including but not limited to other users of the App) do the same. The Content License includes the right and authorization for App Licensees to use your User Content to create their own User Content and to use it in accordance with the Content License. You are not entitled to any compensation for any uses by any App Licensee of your User Content. You also agree to waive all moral rights in and to your User Content and to waive any right to seek or obtain any form of remedy or relief that would interfere with the use by any App Licensee of your User Content.
By submitting any User Content, you represent and warrant that you own or have the necessary rights to submit the User Content and have the right to grant us the Content License. You represent and warrant that any User Content you submit complies with applicable provincial and federal law and regulation, as well as the User Standards described below at Section 7 of these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the App.
7. User Standards
As a condition of your access to and use of the App, you agree that you shall only use the App for lawful purposes and in accordance with these Terms of Use.
While using the App, you agree not to:
· Violate any applicable federal or provincial laws or regulations;
· Access or attempt to access User Content to which you do not have the rights described above at Section 6 of these Terms of Use;
· Submit any material that could violate the legal rights of others, including, but not limited to, others’ privacy rights, rights of publicity, intellectual property rights, contract rights, any other rights of a person or entity, or which could otherwise lead to civil or criminal liability;
· Submit any material that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, or inflammatory, as well as any material that is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground;
· Defame, abuse, harass, inconvenience, stalk, threaten, embarrass, alarm or annoy other App users;
· Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm Pop Sandbox or App users, or expose them to liability;
· Impersonate or attempt to impersonate Pop Sandbox, a Pop Sandbox employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
· Promote any illegal activity, or advocate, promote, or assist any unlawful act;
· Submit any confidential, proprietary or trade secret information of any third party;
· Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
If you feel that any User Content violates these Terms of Use, you may request that we review it by submitting the content for review via email to info@popsandbox.com.
8. App Monitoring and Enforcement, Suspension, and Termination
We reserve the right, without provision of notice or refund of money paid, to:
· Remove any User Content, for any reason;
· Take any action regarding User Content that is necessary or appropriate, including, without limitation, where such User Content violates the App’s User Standards or Terms of Use;
· Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App; Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App;
· Terminate or suspend your access to all or part of the App for any reason, including, without limitation, any violation of these Terms of Use.
Despite the above, we have no obligation, nor any responsibility to any party to monitor the App or its use, and do not and cannot undertake to review material that you or other users submit to the App. We cannot ensure prompt removal of objectionable material after it has been submitted.
YOU WAIVE AND HOLD HARMLESS POP SANDBOX AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION OR INACTION REGARDING OUR FAILURE TO MONITOR, REMOVE, OR REPORT USER CONTENT.
9. Third Party Platforms and Social Media
While using our services, you have the option of granting us access to your account(s) with certain third-party social media and other services, such as Facebook and Instagram (each, an “SNS”). Provided an SNS permits this, we can capture and make available on the App the photos and other content that you have stored in your account(s) with such SNSs (“SNS Content”). By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the App. We are not responsible for any SNS Content stored on an SNS that you choose to make available on the App. Please note that if an SNS account becomes unavailable or SNS terminates our access to your SNS account(s), any Content from that SNS may no longer be available on the App.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
YOU AGREE THAT POP SANDBOX HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACT, ERROR, OR OMISSION OF ANY SNS.
10. Privacy
Our collection, use and disclosure of your personal information is governed by our Privacy Notice, which is available here and on our website www.drawntogetherapp.com.
11. Third-Party Websites
For your convenience, our App may provide links to third-party sites. We make no representations about any other websites that may be accessed from this App. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from our App may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this App. You may only use these features when they are provided by us and solely with respect to the content identified.
12. Online Purchases
If you wish to make a purchase through our App, we will direct you to our third-party payment processors, who will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Notice. All information that you provide to our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. All prices are in Canadian unless specified otherwise.
We reserve the right, with or without prior notice, to limit the available quantity of or discontinue certain products associated with and available on the App; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
13. Disclaimer of Warranties
YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK.
SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP AND ANY PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, AND ANY PRODUCTS AND SERVICES FOUND OR ATTAINED THROUGH THE APP, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER POP SANDBOX, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE APP OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER POP SANDBOX NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE APP, ITS CONTENT, OR ANY PRODUCTS OR SERVICES FOUND OR ATTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER APP CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APP AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE EQUIPMENT, DEVICE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
14. Limitation on Liability
SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO USERS OF THE APP.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL POP SANDBOX, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE APP, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
15. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Pop Sandbox, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your use of the App, including, but not limited to, your User Content, third-party sites, any use of the App's content, services, and products other than as expressly authorized in these Terms of Use.
16. Governing Law and Choice of Forum
The App and these Terms of Use will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this App and under these Terms of Use will be instituted in the courts of the Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
17. Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
18. Severability
If any term or provision of these Terms Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
19. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
20. Entire Agreement
These Terms of Use constitute the sole and entire agreement between you and Pop Sandbox regarding the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the App.
21. Contacting Us
If you have any questions about these Terms of Use, or our practices, please contact us at info@popsandbox.com.