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Last updated: 03.06.2021

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Super Sketchy Party ("Application").

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

License, Intellectual Property and Privacy Policy

Thiele / Werder GbR grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

In the Application Users contribute to the Applications content by, including but not limited to, a) drawing pictures during games, b) providing phrases or words to describe pictures during games, c) submitting phrases or words for usage in the game. ("User Content")

In order to further develop the Application Thiele / Werder GbR needs the right to make use of the User Content in accordance with and subject to this Agreement. Therefore, by using the Application you contribute to its content and you automatically grant the Thiele / Werder GbR an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as set forth in this Agreement), worldwide license, by Thiele / Werder GbR or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, and to license or permit others to do so. When contributing implicitly by using the Application, no connection to any personal data of the User will be stored or used. This does not apply to explicit contributions, where the user is actively aware of contributing or submitting User Content. In this case the user's Steam ID is stored. This connection of User Content to Steam ID is not shared with other users.

This license also grants Thiele / Werder GbR the right to sublicense that User Content to other users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used.

Restrictions

You agree not to, and you will not permit others to:

a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

b) give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part. Any attempt to do so shall be void and of no effect.

Modifications to Application

Thiele / Werder GbR reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by you or Thiele / Werder GbR.

Thiele / Werder GbR may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Thiele / Werder GbR, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Warranties and Limitation of Liability

a) Nothing in this agreement will prejudice the statutory rights you may have as a consumer of the software. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as set forth in this section. In such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. To the fullest extent allowed by applicable law, the software and any accompanying documentation and material are being provided to you “as is,” “as available,” and “with all faults,” without warranty of any kind whatsoever. Without limiting the intended generality of the preceding sentence Thiele / Werder GbR does not warrant that the software or any portion thereof (i) will be uninterrupted, secure or error free, or that defects will be corrected; (ii) is compatible with any software, including without limitation internet browser software; (iii) is free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; (iv) is free of defamatory, derogatory or adult-oriented material, or material that some individuals may deem offensive or objectionable; (v) will operate properly; or (vi) will meet your requirements. To the fullest extent allowed by law, Thiele / Werder GbR disclaims all representations, terms, warranties, whether express, statutory, or implied, including but not limited to any and all implied warranties of merchantability, fitness for a particular purpose or use, system integration, accuracy or completeness, title, non-interference with your enjoyment, authority, non-infringement, results, reasonable care, and workmanlike effort, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.

b) Thiele / Werder GbR is not responsible for the conduct, whether online or offline, of any user of the software. Under no circumstances will Thiele / Werder GbR be responsible for any loss or damage resulting from your use of the software, any User Content posted on the software, or transmitted to another user, or any transactions between or among you and other users, whether online or offline.

c) The software is controlled and provided by Thiele / Werder GbR from its facilities in the European Union. To the extent permissible by applicable local law and except as expressly set forth in this agreement, Thiele / Werder GbR makes no representation that the software is appropriate or available for use in other locations.

d) Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you to the extent that such exclusions or limitations are not permitted under local law.

e) To the fullest extent allowed by applicable law, Thiele / Werder GbR shall not be liable to you or any other person, whether under contract or otherwise, for (a) any indirect, special, incidental, or consequential damages of any kind, or for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, and/or (b) any amount, in the aggregate, in excess of the amounts paid and/or payable by you to Thiele / Werder GbR (or to a third-party platform that provided you with any games) in connection with the software in the twelve (12) month period preceding this applicable claim, or (c) any matter beyond Thiele / Werder GbR’s reasonable control. The foregoing limitation shall be applicable even in the event of Thiele / Werder GbR’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise. Thiele / Werder GbR cannot and will not be responsible for any loss of your User Content or any interruptions of the software, including but not limited to ISP disruptions, software or hardware failures, or any other event which may result in a loss of data or a disruption of the software. Notwithstanding anything to the contrary in these terms, nothing in these terms shall exclude or limit anything which may not be excluded or limited under applicable law, including without limitation, death or personal injury arising through negligence or for fraud. to the maximum extent permitted under applicable law, these limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

f) You own all intellectual property in your own original Content you contribute. You must not upload or contribute any Content not originally created by you, or any Content which is not properly licensed to you by someone else for uploading or contributing.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

Thiele / Werder GbR reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Information

If you have any questions about this Agreement, please contact us via the E-Mail address contact@elusivedrafts.eu