Draw & Guess Terms of Use

1. INTRODUCTION
   
   1. The game Draw & Guess (Game) is published by Acureus Ltd (a company registered in England under company number 11387416 with its registered office at 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ) (we, us, our).
   2. Please read these Terms of Use (Terms) carefully along with the Game’s Privacy Policy as, together, they set out the basis on which you may download, access, and/or play the Game. These Terms and the Game’s Privacy Policy apply in addition to the terms of service and privacy policy of the relevant platform provider from whom you downloaded the Game (Platform Provider), and the Unity Technologies Privacy Policy available at: https://unity3d.com/legal/privacy-policy.
   3. By downloading the Game you are confirming to us that you have read these Terms and that you agree to be bound by them. You also acknowledge that that neither the Platform Provider nor Unity Technologies are parties to these Terms and that these Terms are concluded between you and us only.
   4. We may revise these Terms at any time. Any changes made to these Terms will be applicable from the date they are published. We will endeavour to notify you of any changes that are going to be made to these Terms reasonably in advance of the date on which such changes take effect and invite you to accept the new Terms. Please note that if you do not accept any new Terms we publish then you may no longer be able to access the Game.
2. CONTACT INFORMATION
   
   1. If you would like to contact us for any reason in connection with the Game, including to make a complaint about the Game or anything contained in the Game, please do so using the following address: contact@acureus.com
3. AGE LIMITS
   
   1. The Game is intended to be played by users who are at least 13 years old. If you are under 13 years old, please do not play the Game. If you are younger than 18 years old, you should read these Terms and our Privacy Policy with your parents or guardians to make sure that you understand them and that you are happy to be bound by these Terms. By playing the Game, you are confirming to us that you are at least 13 years old. Your ability to play the Game may be terminated without warning if we have any reason to believe that you are younger than 13 years old.
4. ACCESS TO AND USE OF THE GAME
   
   1. Depending on the device and/or platform you are using to access the Game, the Game may be made available to you for free or for purchase. In-Game Purchases will be made available at cost and you will be charged for any In-Game Purchases you make (see section 8 for more information)). If the Game is made available for free, we may stop offering the Game free of charge at any time.
   2. When playing the Game, you will have the option of logging and linking your progress to other social media and platform accounts such as [Google Play, Facebook or Game Center account]. You may also play the Game as a guest, but you may not have access to the same functionality as users that have logged in using a third-party account.
   3. Your account is personal to you and you are not entitled to transfer your account to any other person. You agree to take all steps necessary to protect your account log in details and keep them secret. You shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
   4. We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate us for any losses or harm that may result. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using the Game and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
   5. If you breach any provision of these Terms, your player account may be terminated by us at any time. If your player account is terminated, your authorisation to access and play the Game and to use any items you have purchased via In-Game Purchases will also terminate and you will not be entitled to a refund.
   6. If you delete your Game account, or if we delete your Game account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through the Game and/or the level or score you have reached in the Game and any items you have purchased via In-Game Purchases).
   7. The specific game rules, controls and guidelines for the Game can be found within the Game itself. Such rules, controls and guidelines form part of these Terms and you agree that you shall comply with them when you play the Game.
   8. You agree to comply with all reasonable instructions that we may give you regarding your use of the Game.
   9. You are responsible for obtaining (at your own cost) all necessary devices and telecommunications services required to access the Game. You are also responsible for ensuring that no person uses your device to access the Game without your permission. We will be entitled to assume that anyone who accesses the Game using your device has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
   10. By accessing the Game, you represent and warrant that:
       1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
       2. you are not listed on any U.S. Government list of prohibited or restricted parties.
5. PLAYER CONTENT
   
   1. The Game includes functionality that enables you to draw images and share them with other players, and to chat with other users of the Game (Game Functionality). For the purposes of these Terms, any and all information and content that a user submits to or uses with the Game shall be referred to as Player Content.
   2. When using any Game Functionality, you agree you are solely responsible for your Player Content. You assume all risks associated with your Player Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Player Content that personally identifies you or any third party. You hereby represent and warrant that your Player Content does not violate our Acceptable Use Policy (as set out in Section 6). You shall not represent or imply to others that your Player Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your Player Content, you acknowledge that you may yourself be liable if your Player Content violates the Acceptable Use Policy or breaches any applicable laws or regulations.
   3. We are not obligated to backup any Player Content, and your Player Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Player Content if you desire.
   4. You hereby grant (and you represent and warrant that you have the right and legal standing to grant) to us a perpetual, irrevocable, non-exclusive, royalty-free and fully paid up, worldwide licence to reproduce, distribute, communicate to the public, publicly display and perform, adapt, modify and prepare derivative works of, incorporate into other works, and otherwise exploit your Player Content, and to grant sublicenses to any third party of the foregoing rights, for the purposes of making Player Content available in the Game, maintaining, operating, exploiting, advertising and marketing the Game and any other goods or services offered by us, our licensors, partners or related companies, and to develop other functionality, products and services. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Player Content.
   5. The views expressed by other users in the Game do not represent our views or values. We will not be responsible, or liable to you or any third party, for any content posted by you or any other user of the Game.
   6. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Game constitutes a violation of their intellectual property rights, right to privacy or publicity, is defamatory of them, or otherwise infringes any of their other legal rights.
6. ACCEPTABLE USE POLICY
   
   1. You agree not to use the Game to collect, upload, transmit, display, or distribute any Player Content: (i) that infringes any third-party right, including any copyright, trademark, design right, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right in any territory where the Game is available; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise in our opinion objectionable; (iii) that is harmful to minors in any way; (iv) that includes any personal data, if uploading it to the Game would be a breach of data protection law, or infringes any third party’s rights of privacy or publicity or breach any other applicable data protection or privacy legislation in any territory where the Game is available; or (v) that is in violation of any law, regulation, obligations or restrictions imposed by any third party.
   2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Game any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Game unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Game to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Game; or (vi) use software or automated agents or scripts to produce multiple accounts on the Game, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Game for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).
   3. We reserve the right (but have no obligation) to review any Player Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate this Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include terminating your account in accordance with Section 4.5, and/or reporting you to law enforcement authorities.
7. SOCIAL MEDIA FUNCTIONALITY
   
   1. It may be possible to link your social media and other third party account(s) to the Game. This may allow you to share your achievements in the Game with your friends who are also logged in and playing and also enable you to see their achievements.
   2. The Game may contain social media “share” functionality that allows you to post to your social media channels such as your Facebook wall and/or your Twitter feed. This “share” functionality may contain pre-populated text that can be edited by you. You acknowledge and agree that you are fully responsible for the text that is included in any “shares” that you choose to make to your social media channels.
   3. The Game may contain third party “cloud save” functionality, which allows you to save your progress in the Game so that you can transfer between multiple devices. This is achieved by logging into the Game via a third party account, such as Google, and sharing a token with the cloud saving service provider. Your use of any such third party cloud save functionality will be governed by the terms and conditions/end user licence agreement of the relevant third party cloud saving service provider.
8. IN-GAME PURCHASES
   
   1. The Game may include in-game purchases that allow you to buy things such as virtual currency, items, hints, lives or cosmetics etc. to use within the Game (“In-Game Purchases”).  If it does, it will still be possible to play the Game without making any In-Game Purchases.  Whilst you cannot switch off In-Game Purchases from being offered to you within the Game and there is no cap on the number of In-Game Purchases you can make, you may be able to switch off/manage your ability to complete In-Game Purchases by altering the settings on the device you use to play the Game (see paragraph 8.3 below for more on this). You acknowledge and agree that you are fully responsible for managing your In-Game Purchases and the amount you spend on In-Game Purchases within the Game.
   2. We reserve the right to determine, in our absolute discretion, the quantities of the items which may be purchased via such In-Game Purchases and how much to charge for any such items.
   3. You may be able to manage your ability to complete In-Game Purchases by adjusting the settings on the device you are using to play the Game. More information about how you can manage In-Game Purchases on your device can be found either in the Platform Provider’s terms and conditions, in your device’s help settings, or online.
   4. If you are younger than 18 years old, you must have your parents’ or guardians’ permission to make any In-Game Purchases. By completing an In-Game Purchase, you are confirming to us that you have any permissions that may be necessary in order to allow you to make that In-Game Purchase.
   5. If you are a parent or legal guardian of someone under the age of 18, we recommend that you consider any parental controls that may be provided by the Platform Provider if you are concerned that your child may make excessive In-Game Purchases.
   6. In-Game Purchases can only be used within the Game. If you make an In-Game Purchase, that In-Game Purchase cannot be cancelled after you have initiated its download. In-Game Purchases cannot be redeemed for money or other consideration or otherwise transferred. If you make any In-Game Purchases in the Game, then the Platform Provider’s terms and conditions applicable to In-Game Purchases will also apply.
   7. If any In-Game Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-Game Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-Game Purchase. In the unlikely event that we are unable to replace or repair the relevant In-Game Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorise the Platform Provider to refund you an amount up to the cost of the relevant In-Game Purchase.
   8. If any damage is caused to your device by any item purchased via an In-Game Purchase, you are entitled to:
      1. request that we repair the damage within a reasonable period of time; or
      2. receive compensation from us for the damage caused to your device.
   9. All billing and transaction processes are handled by the Platform Provider from whom you downloaded the Game and are governed by the Platform Provider’s terms and conditions. If you have any payment related issues with any In-Game Purchases, you should contact the Platform Provider directly.
9. PLAYING THE GAME WITH OTHER USERS
   
   1. The Game allows you to play against opponents or to play socially with other users. You may be able to:
      1. choose to play against another user or to play socially with another user whom we select for you, or
      2. play against, or play socially with, one of your contacts on a platform or social network which you have allowed the Game to interact with. The Game may also allow you to search for your friends in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
   2. Where we select another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
10. MAINTENANCE AND SUPPORT
    
    1. Save as expressly set out in these Terms, we are solely responsible for the Game, including providing any maintenance and support for the Game. In no event will the Platform Provider from whom you downloaded the Game have any obligation to provide any such maintenance or support services in respect of the Game. Please report any problems you encounter with the Game to us via support@acureus.com.
    2. We do not guarantee that the Game will always be available or that it will be updated. You understand that we may discontinue the Game or make changes to the Game at any time for any reason or no reason without notice or liability to you. If we plan to discontinue the Game, we will endeavour to notify you of the discontinuance of the Game reasonably in advance of the date on which such discontinuance takes effect. 
11. INTELLECTUAL PROPERTY RIGHTS
    
    1. The Game and any and all features, content, materials and information made available via the Game (including any In-Game Purchases) belong to us and/or our licensors and are protected by intellectual property laws in various territories around the world. Except for Player Content you upload to the Game, you agree that you do not own the Game or any part of it, or any content you purchase in connection with any In-Game Purchases you make, or any Player Content you access through the Game. The Game, Player Content provided through it, and any items accessed via In-Game Purchases are licensed to you in accordance with these Terms.
    2. Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the Game, Player Content (but only to the extent that we have rights in the Player Content) and any content you purchase in connection with any In-Game Purchases you make for your own personal, non-commercial entertainment.
    3. You are only allowed to use and play the Game for your own personal non-commercial purposes in accordance with these Terms and the Platform Provider’s terms and conditions/end user licence agreement. You are not allowed to copy or distribute or transfer or (except as expressly set out in these Terms or as permitted by the Game’s functionality) communicate to the public the Game, Player Content, or any other content within the Game or interfere with the normal operation of the Game (e.g. you are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from the Game or any updates or any part thereof, other than as permitted by applicable law). Notwithstanding these restrictions, any open source software components included in the Game will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.
12. RIGHT TO CANCEL
    
    1. If you live in the UK or the European Union then you have certain rights to withdraw from distance purchases.
    2. Similarly, please note that when you purchase a licence from us to useitems purchased via In-Game Purchases, you acknowledge and agree that we will begin the provision of such items to you promptly once your purchase is complete (i.e. our servers validate your purchase and the applicable item is successfully credited to your account on our servers) and therefore your right of withdrawal is lost at this point.
13. LIABILITY
    
    1. To the fullest extent permitted by law and with the exception of any implied warranties that cannot be excluded by law, the Game, any Player Content made available through it, and any In-Game Purchases are provided on an “as is” basis and we do not make any representation or warranty of any kind, either express or implied in relation to the Game, any Player Content made available through it, or any In-Game Purchases including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy or reliability.
    2. Whilst we will exercise reasonable care and skill to ensure that the Game, any Player Content provided through it, and In-Game Purchases are virus free, we do not guarantee that the Game will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Game, Player Content, or any products, services or content provided through the Game, will be free from errors or omissions. Accordingly, we urge you to take your own precautions in this regard (such as using anti-virus software).
    3. Other than as expressly set out in these Terms, neither we nor any of our third party partners and/or licensors, including the Platform Provider, shall be liable (whether based in contract, tort or otherwise) for any claim, loss, liability, damage, cost or expense caused by your use of the Game, Player Content, or any content you purchase via any In-Game Purchases that does not arise as a result of a breach by us of these Terms and is not reasonably foreseeable at the time you entered into these Terms. In no event will we or any of our third party partners and/or licensors be liable to you for any damages, direct or indirect loss of income or profits that may arise as a result of your use of the Game, any Player Content, or any content you have accessed via In-Game Purchases.
    4. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.
    5. You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to your breach of these Terms; any Player Content which you publish or contribute to; any behaviour in which you engage in the Game; and any violation by you of any law or the rights of any third party.
    6. To the extent that you may have any actionable claim under these Terms in connection with the Game you agree that it shall be brought only against us and in accordance with these terms, not any of our licensors, employees, directors, officers, related companies.
14. GENERAL
    
    1. You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them. Notwithstanding the foregoing, you acknowledge and agree that the Platform Provider and each of its respective subsidiaries are third party beneficiaries of these Terms and therefore may enforce their respective rights under these Terms against you.
    2. In the event that there is a conflict between these Terms and the Platform Provider’s terms and conditions, the Platform Provider’s terms and conditions shall prevail.
    3. You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.
    4. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
    5. If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from these Terms and the remaining parts of these Terms will continue to be enforceable.
    6. These Terms and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts unless the law in your country of residence allows you to choose the courts of that country for the dispute in question. Any matters arising between you and the Platform Provider shall be as set out in the Platform Provider’s terms and conditions.

Last Updated: 22/10/2021