TERMS OF SERVICE


TOS for the How to draw app

BY DOWNLOADING AND INSTALLING THIS SOFTWARE YOU AGREE TO THESE TERMS OF SERVICE.


The app” refers to “How to draw” application provided by Beneseeds LTD, under the brand “Lady Giraffe”. Lady Giraffe is a brand for apps and games authored by Beneseeds LTD. “Lady Giraffe” or “we” or “us” refers to Beneseeds LTD in this Terms of Service.


TOS” refers to the Terms of Service brought forward.


You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that are made by you including the content of your transmissions through The app. By way of example, and not as a limitation, you agree NOT to:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.

  2. Publish, distribute and/or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.

  3. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law.

  4. Interfere with another user’s enjoyment of the Service.


CHANGES TO THE TERMS


Beneseeds reserves the right to make changes the TOS from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the TOS regularly to check for such changes. If you do not agree to the Modified TOS you must stop using The app. Your continued use of The app after the date the Modified TOS are posted will constitute your acceptance of the Modified TOS.



PROPRIETARY RIGHTS


You acknowledge and agree that The app content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the app (collectively the "Content") is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.


Such Content received through the app may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the TOS.


Certain of the names, logos, and other materials displayed on the app constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of Beneseeds LTD. You agree that Beneseeds LTD retains and owns all right, title and interest in the Content and IP Rights, and that the TOS does not transfer or convey to you any ownership right, title or interest in or to the Content and IP Rights, and that you will not contest or challenge the ownership of the Content and IP Rights. You are authorized to use such Content and IP rights solely for the limited purpose of promoting and using the app.



RIGHT YOU LICENSE


When you publish your content in The app you grant:

to Beneseeds LTD a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, make available to the public, broadcast and publically perform that content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Beneseeds's business, including without limitation for promoting and redistributing part or all of the app (and derivative works thereof) in any media formats and through any media channels;

to each user of the app, a worldwide, non-exclusive, royalty-free licence to access your published content through The app, and to use, display and perform such content to the extent permitted by the functionality of the app and under these TOS.



DISCLAIMER OF WARRANTIES


YOU UNDERSTAND AND AGREE THAT:


  1. Your use of The app is at your sole risk.

  2. The app is provided on an 'as is' and 'as available' basis and the warranties on the part of the app contained in this TOS are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of The app, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE APP EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.

  3. The information and content included in or available through the app may include inaccuracies or typographical errors.

  4. Changes are periodically added to the information contained with the app and Beneseeds Ltd. and/or its respective suppliers may make improvements and/or changes to the app at any time.

  5. No advice or information, whether oral or written, obtained by you from the app or through the use of the app shall create any warranty not expressly stated in the TOS.

Except as otherwise expressly provided in the TOS, The app does NOT represent or warrant that:

  1. The app will meet your requirements.

  2. The app will be uninterrupted or error-free, timely or secure.

  3. Defects or errors will be corrected, or that The app is free of viruses or other harmful components.

  4. The use of or the results of the use of The app or the content made available as part of The app will be correct, accurate, timely, or otherwise reliable.

  5. The content of The app input by other members is correct or accurate.



LIMITATION OF LIABILITY


  1. YOU AGREE THAT THE APP SHALL NOT BE RESPONSIBLE OR LIABLE FOR:

    1. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

    2. CONDUCT OF ANY OTHER USERS OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

    3. ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

      • DAMAGES FOR LOSS OF USE;

      • DATA GOODWILL;

      • PROFITS, OR OTHER INTANGIBLE LOSSES;

    4. ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

      • USE OR PERFORMANCE OF THE APP

      • DELAY OR INABILITY TO USE THE APP

      • PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;

      • ERROR;

      • OMISSION;

      • INACCURACY;

      • INTERRUPTION;

      • DELETION;

      • DEFECT;

      • DELAY IN OPERATION OR TRANSMISSION;

      • COMPUTER VIRUS;

      • COMMUNICATION LINE FAILURE;

      • THEFT;

      • DESTRUCTION OR UNAUTHORIZED ACCESS;

      • ALTERATION;

  2. WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF THE APP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE APPLICATION OR ANY PART OF THE APPLICATION YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

  3. THE APP IS FREE. AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF THE APP TO ITS USERS SHALL BE LIMITED TO $0. (ZERO DOLLARS).


CONTACT INFORMATION


This app was made with love, by people passionate about sketching and drawing. Should you have any comments, suggestions or bug reports please contact us at ladygiraffeapps@gmail.com.