Sketch W Friends - Terms of Service


PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PROCEEDING FURTHER. ALL TERMS AND CONDITIONS LISTED IN THIS AGREEMENT ARE LEGALLY BINDING.


Acceptance of Terms

This is an agreement between Sketch W Friends (hereafter referred to as "we", or "us") and the user (hereafter referred to as "you" or “user") that lays out the various terms and conditions (also referred to as Services) provided by us.

Acceptance of this agreement is deemed in any one of three ways, namely, explicit acceptance of the agreement, using the services provided by the website and/or downloading the Sketch W Friends application via our website or the various App Stores it is available in or by playing the online version of the game on our website or other websites hosted by third parties which may include but not restricted to Facebook. Where the user performs any one of the above-mentioned actions, the user is deemed to have entered into an agreement with Sketch W Friends. This is a legally binding agreement. Non-acceptance of the terms and conditions listed in this agreement will result in inability to use the services provided by us.

Eligibility and Registration

Presently, Sketch W Friends has restricted use of this service to all users below the age of 13 years. This explicitly prohibits all users below 13 years of age from applying or registering to this service. For all those above 13 years of age but still a minor, it is assumed that the registration is done under parental guidance and with parental approval. Parents and guardians of minors above 13 years of age can withdraw their consent at any point of time. However, Sketch W Friends reserves the right to change or modify the eligibility criteria at any later date, if it should so decide.

Sketch W Friends allows users to access and view the site without registering but for purposes of actual gaming or use of their services, registration is essential. When you register with Sketch W Friends, you warrant and represent that:

  1. You are of a legal age to use the services of the site.
  2. All information provided by you is complete, true and accurate.
  3. You are not prohibited by the local laws of your country from using the services of the site.

Failure to follow any of the above terms is considered as direct breach of the terms of service of Sketch W Friends. In such cases, Sketch W Friends reserves the right to terminate or suspend your registration as well as your access to our services.

Content and Materials

Sketch W Friends considers and acknowledges three types of content, namely, created and owned by Sketch W Friends, User created and Third Party content. For the purposes of this agreement, content means and includes location information, personal information, shouts, chats, texts, doodles and drawing data as well as interactive features, created by Sketch W Friends, all of which are accessible or made accessible to the user through the service provided at Sketch W Friends. All content remains and shall remain the sole responsibility of the creator or sharer. Sketch W Friends will not be responsible for any content so added by users or third parties. Any content shared by users or third parties can and shall be accessed at your own risk and discretion. Sketch W Friends is not responsible for any loss or damage caused due to such access. 

Sketch W Friends Content

This refers to all texts, logos, marks, compilations, software and all content including drawings and doodles created by the user but not third party content, which is used by Sketch W Friends to deliver the service to the user and third party. All such content is protected by trademarks, copyrights, patents, service marks, trade secrets and other related proprietary rights and laws, as applicable to this website and the mobile application. Users are required to abide by all such laws and regulations, including notices related to copyrights, restrictions etc. when accessing any such information through this site or the mobile application.

Subject to these Terms and Conditions, Sketch W Friends grants all users a worldwide, non-exclusive, non-sub licensable, non-transferable, revocable license to use the Content, for personal or non-commercial use.  Sketch W Friends expressly prohibits the use, modification, reproduction, distribution or storage of such content for reasons other than personal or non-commercial, without the prior written permission of Sketch W Friends or the copyright holder identified in the case of the said content, whichever being applicable.  Further, you are expressly prohibited to sell, license, rent, or otherwise use or exploit any content for commercial use (whether or not for profit) or in any manner that violates or infringes any third party right.

User Content

User content, for the purposes of this agreement, means and includes all drawings and doodles as well as chats or shouts created or posted or shared by the user. All such information remains the sole property of Sketch W Friends.

Sketch W Friends reserves the right to use, manipulate, modify or delete this drawing data as it may deem fit. By agreeing to these terms of service, all users agree to:

  1. Allow use of this drawing data to include, but not be restricted to, being part of the marketing material of the website/ mobile application for its promotion, enhanced game play experience, data analysis, improvement of certain features and/or inclusion of new features, sharing of data on social media pages of the website/ mobile application.
  2. Allow sharing of this data on social media sites, where the website/ application reserves the right to share and/or acknowledge the identity of the original user, whose data is being shared.
  3. Allows sharing of the identity of the original user, solely for voting and acknowledgment purposes.
  4. Allows the website to reserve the sole right to acknowledge or give credit to the original user, where the drawing data is included as part of the marketing material.

With regard to the nature of User content that can be shared through Sketch W Friends, you agree not to:

  1. Post, upload, share or distribute any user content that is in direct violation of local, state, national or international laws
  2. Collect or harvest personal information of others without their expressed consent in any manner, except as allowed in these terms of service
  3. Post the same user content several times or Spam
  4. Falsify your personal details to impersonate another or forge or modify header details to hide origin of content
  5. Post any kind of advertisement or promotional material for commercial purposes
  6. Perform any activity that will infringe upon the rights of other users or restrict their usage of the service provided by Sketch W Friends or exposes Sketch W Friends or its partners, including its directors, officers and other staff to any liability or harm.

Notwithstanding the above-mentioned clause, all users agree:

  1. To grant Sketch W Friends and its partners a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, transferable license, with right to sublicense, modify, copy, publish, use, prepare derivative works, distribute, publicly perform and display and otherwise utilize the User Content in connection with operation of its Services, promotion of its Services, and any other purposes reasonably related to playing Sketch W Friends and for the purposes of advertising and promotions of Sketch W Friends and its partners.
  2. Further, you grant all users of Sketch W Friends the right to access, modify, copy, publish, use, prepare derivative works, distribute, publicly perform and publicly display and otherwise utilize the User Content for personal, non-commercial use.
  3. You represent and accept that the proprietary rights of any such user content shared by you is owned by you or alternatively you have full right and authority to post such content, grant such licenses and that you are not infringing upon any third party intellectual property rights or violating their privacy rights.
  4. That you further agree and accept that the said user content is not defamatory, libellous, obscene, abusive, pornographic, scandalous or unlawful in any form or manner and neither does it affect or violate the right, privilege or interest of any third party.
  5. That all royalties and any charges payable to any third party for use of this User Content have already been paid or will be paid by you and Sketch W Friends is in no manner liable for any such payment.
  6. That further you agree that all such information so shared will be attributable solely to you and any use or misuse of this user content by any third party shall not be the responsibility or liability of Sketch W Friends, even if such content is shared through its service.

Sketch W Friends reserves the right to record user content, investigate into any allegation pertaining to user content in that it does not conform to these terms of service and remove the same if found to be violating these terms of service. Sketch W Friends also reserves the right to monitor, edit and disclose user content or registration information, based on its discretion while also reserving the right to edit or delete the said content, irrespective of whether or not it conforms to the terms of service.

Notwithstanding Sketch W Friends is under no obligation, moral or otherwise, to control or edit any such information posted or shared by any user. All information posted shall be done so at the risk of the user. Similarly, all such information accessed shall be at the risk of the user and Sketch W Friends is in no way responsible for any risk posed to the user due to accessing of, using and relying on such information. Extreme caution should be exercised by all users when accessing user content on this website.

Third Party Websites and Content

Sketch W Friends may allow various third party websites to place their links as well as content onto their website/application. However, Sketch W Friends is in no manner responsible for any such information posted by such third parties. All links provided on our website are for your convenience but it does not mean that we endorse or sponsor the same or are in any manner affiliated with such third parties. All transactions entered into by you with such third parties should be at your sole discretion, after completing due investigation into the veracity of such posts.

User Submitted Ideas and Suggestions

We at Sketch W Friends welcome and appreciate all ideas and suggestions recommended by our users. All such submissions however, once submitted, become the sole property of Sketch W Friends. Whilst Sketch W Friends is under no obligation to act upon these ideas or suggestions, it shall not be liable for any inaction. Moreover, Sketch W Friends can share and use these ideas and suggestions, in any manner it may deem fit, without providing any compensation to the original inventor or author or creator.

Warranty Exclusions and Limitation of Liability

While Sketch W Friends warrants that all services offered by it conform to the basic description specified on their website, it does not warrant that all features and services will be available without errors or interruption or downtime. Periodic downtime is inevitable and should be accepted by all users for regular maintenance and update reasons, during their use of the service.

In cases of any breach of warranty, Sketch W Friends is liable to the limited extent of repairing the said fault and/or refunding any amount paid by the user, which is also the sole remedy available to the user. Except this liability, Sketch W Friends expressly disclaims any or all warranties and representations made expressly or implicitly with regard to the service provided. Further, no complaint or information, whether written or oral shall be deemed to be considered as a creation of any such warranty, which is not expressly mentioned herein.

Sketch W Friends is not liable for any risk or harm caused to the person or for any death or injury caused to the user during the use of its service. Further, Sketch W Friends does not assume any responsibility or accept any liability for any content on the website or any behaviour of the other users or for any bodily harm or death caused during the usage of its service. Also, Sketch W Friends is not liable for providing access to using its service at the place so selected by the user. It is important to note that all users playing Sketch W Friends will do so at their own risk.

Sketch W Friends is not responsible for any loss of business or profits or any damages caused to business, whether due to contract or negligence or other, even when it arises from playing Sketch W Friends. You cannot recover any such loss or damages from Sketch W Friends, even if we or our partners were informed in advance.

Notwithstanding Sketch W Friends is only liable to the extent of the amount paid by you for using its services, if and where applicable. All clauses related to warranties and limitations of liability are subject to local jurisdiction.

Indemnity

User shall indemnify and keep indemnifying Sketch W Friends against all claims, actions, suits, liabilities, proceedings, damages, costs etc. that arise out of the user's use of the Sketch W Friends service or the breach of the user of the terms and conditions of the service. Such indemnity shall also be extended without limitation to any such action brought about by any non-participant third party against the user, seeking damages for harm or injury caused due to the latter's use of the Service. Sketch W Friends reserves the right to assume sole control of the defense and settlement of any claim, action, suit or proceeding, which the user is obliged to indemnify and keep indemnifying.

Indian Copyright Act, 1957

Sketch W Friends complies with all provisions of the Indian Copyright Act, 1957, as applicable to commercial website owners in India.

Language 

English is the legal language of this website, which is accepted and approved for all purposes and uses. It is pertinent to note that different language translations are provided for various documents available on the website. However, all such translations are for your convenience only and for no other purpose. In event of any contradiction between the terms of service provided in English and that in any other language, it is important to note that the English language version shall prevail over all others. Moreover, the Terms of Service laid down in English is absolutely final and will govern your interaction and relationship with Sketch W Friends, at all times.

Applicable Laws and Jurisdiction

Sketch W Friends is owned and operated by XLabz Technologies Private Limited, a company registered and operational in Pondicherry, India. All matters arising from or related to the use and operation of the services provided at Sketch W Friends will be governed by the local laws applicable in Pondicherry as well as the State and Central laws of India. By agreeing to these terms of service, you are agreeing to be bound by and liable to these rules and laws and have all matters resolved by the Courts in India. You further consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to access the Services from locations other than India, you will be responsible for complete compliance with all local laws of such location, and in no event shall you use the service in violation of Indian laws or regulations.

Amendments

Sketch W Friends reserves the right to amend and modify these terms of service, from time to time, as it may deem fit, with or without any prior notice to the user. All users are under an obligation to verify the status of the terms of service regularly, to avoid any breach.

Miscellaneous Terms

Sketch W Friends is in no manner responsible or liable for any act or omission, with respect to the clauses mentioned in this agreement, which is solely caused due to circumstances beyond its control. This specifically includes situations where the security of the website is compromised, despite due care, in inconceivable and unavoidable circumstances, which leads to a direct violation of the privacy policy. In all such cases where personal and location information is compromised due to unavoidable circumstances, Sketch W Friends shall not be held responsible for the said compromise. Moreover, Sketch W Friends shall not be held responsible for any illegal or bad usage of the information so compromised by factors beyond their control.

Any delay or omission on the part of Sketch W Friends in exercising any right that accrues by way of your noncompliance or default shall not impair the right to exercise this right nor be construed as a waiver of the right. Further, no waiver of Sketch W Friends, explicit or implied, made with regard to any act or omission on your part shall be construed as a waiver of any such breach, should it occur subsequently.

Even where any clause in this agreement is found to be invalid or unenforceable by any court of competent jurisdiction, this Agreement shall remain in full force and effect. However, it shall be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
This agreement between you and Sketch W Friends takes predominance over all other promises, agreements or representations, written or oral, between you and the company on this subject matter, except in cases where expressly provided in this agreement. All rights and obligations accrued under this agreement cannot be transferred or assigned to any third party.

Both parties to this agreement agree that this electronic text constitutes a written agreement. Further, your acceptance of the terms and conditions mentioned herein constitutes consent as if by affixing your signature, for all purposes.