Terms of use

Last updated

The short version

  • You're welcome to browse this site, share links to it and use the press kit.
  • Please don't misuse it: no hacking, overloading or copying our art and logos.
  • Keep names and messages you enter clean and about you. Plays you draw are yours to share.
  • In the app, play fair and keep team names clean. Purchases go through Google Play or the App Store.
  • The services are provided "as is", but nothing here takes away rights the law gives you, such as the Australian Consumer Law, New Zealand's Consumer Guarantees Act or consumer protection laws in Canada. Our games are sold through Steam, Google Play and the App Store, under their terms.
  • New York law applies.

These terms

These terms cover drawitupgame.com and its subdomains, including the Daily at daily.drawitupgame.com (the "site"), and the Draw It Up: Football Strategy phone app (the "app"); together, the "services". T&W Industries LLC ("we" or "us") operates them. By using the services, you agree to these terms. If you don't agree, please don't use them. If you're under 18, read them with a parent or guardian. How we handle information is explained in our privacy policy. A French version of these terms is at /fr/terms.

Using the services

You're welcome to browse and read the site, share links to it, and download the press kit. Please don't:

  • use the services to break the law, or help anyone else do so;
  • try to get into parts of the services or their systems that aren't public, or probe them for weaknesses;
  • disrupt or overload the services, or get around anything that protects them;
  • run bots or scrapers that burden the site (ordinary search engine crawling is fine);
  • copy, sell or reuse our art, characters, logos or text, except as these terms or the press kit allow;
  • pretend to be us, or suggest we endorse you when we don't.

We can block anyone who breaks these rules. If you find a security problem, please email support@drawitupgame.com instead of testing it on the live services.

Names, messages and plays

Some parts of the services let you enter a name or a message, like the Daily, or a team name and abbreviation, like the app. Don't enter anything offensive, misleading, or someone else's name or personal details. We check team names before other players see them, and players can report names. We may refuse, replace or remove any name or message, and block or remove any account.

You give us a free, worldwide permission to store, display and share the names, messages and plays you enter, for example on challenge links and share cards, for as long as the feature uses them. Plays you draw are yours to share too; the game, its art and its code are ours.

The app

The app is for players 13 and older (14 and older in Canada), and it's available in the United States, Australia, Canada, New Zealand, Singapore and Hong Kong.

Your account

The app makes you an anonymous account, with no name or email. You can choose to save your team by signing in with Google or Apple, or with a recovery code; that's up to you, and these terms still apply. Keep your phone, your recovery code and any linked sign-in secure: you're responsible for what's done with your account. You can delete it at any time, in the app or at drawitupgame.com/delete; the privacy policy explains what's deleted.

Fair play

Play fair. Don't cheat, use exploits, bots or scripts, play with a modified version of the app, or team up with other accounts to fix results. We may review Duel and Head to Head results and reset ratings, records or results, and suspend or remove accounts that break these rules.

Purchases

Purchases in the app, including the unlock and items like looks, are sold through Google Play or the App Store under their terms, and refunds go through them (your rights under the Australian Consumer Law are not affected: see Your consumer rights). What you buy is a license to use it in the app: virtual items have no cash value and can't be exchanged for money or transferred to anyone else. Restore purchases brings them back on a new team. We may change or end features, items or modes, or the app itself. If we end the app or remove a paid mode, we'll give reasonable notice in the app first.

What you earn

Cards, XP, levels and anything else you earn in the game are a license to use in the app: they have no cash value, can't be sold, traded or transferred, and are never exchanged for money. We may change how they're earned, what things cost and how cards play, to keep the game fair and balanced, and we may remove anything earned by cheating or exploiting a bug. They end when you delete your account.

Ads

The app shows ads from Unity Ads; the No ads purchase removes the full-screen ones. Ads are other companies' content, and we don't endorse what they advertise.

Our content

The services and everything in them, including the Draw It Up™ name and logos, Coach Laces, and our game art and text, belongs to T&W Industries LLC or the people who license it to us, and is protected by copyright and trademark law. Draw It Up™ is a trademark of T&W Industries LLC. The press kit explains how you can use our images in coverage of our games; anything else needs our written permission.

If you send us feedback or ideas, we're free to use them without paying or crediting you.

Our games

Our games are sold through Steam, Google Play and the App Store, so buying and playing them is covered by that store's terms (on PC, Valve's Steam Subscriber Agreement) and any license terms on the game's store page, not by these terms. Refunds go through the store (see Support), and your consumer rights are not affected. Release dates, features, platforms and prices on this site are our current plans, and they can change.

If you believe something in the services infringes your copyright, send a notice to our designated agent under the Digital Millennium Copyright Act (U.S. Copyright Office registration DMCA-1083300):

Under 17 U.S.C. 512(c)(3), your notice must include:

  • your physical or electronic signature (or that of someone authorized to act for the copyright owner);
  • the copyrighted work you say is infringed (or, for several works, a representative list);
  • the material you say infringes it, with enough detail for us to find it, such as its web address or the team's name;
  • your name, mailing address, phone number and email address;
  • a statement that you believe in good faith that the use isn't authorized by the copyright owner, its agent or the law;
  • a statement that the information in your notice is accurate and, under penalty of perjury, that you're the copyright owner or authorized to act for them.

We remove or disable material that a valid notice identifies. If you believe something of yours was removed by mistake, you can send a counter-notice to the same agent (17 U.S.C. 512(g)). We block players and remove the content of anyone who repeatedly infringes others' copyrights.

Other websites

The site links to other services, like Steam and our social media accounts. We don't control them and aren't responsible for them; their own terms and privacy policies apply.

No warranties

This section and the next are subject to Your consumer rights below.

The services and everything in them are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We work to keep the services accurate, safe and online, but we don't promise that they will always be available or free of errors, or that everything in them is complete and current.

Limit on our liability

To the fullest extent the law allows, T&W Industries LLC and its members, managers, employees and contractors won't be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising out of or relating to the services or these terms, even if we were told they were possible. Our total liability for any claim about the services or these terms is limited to US$100.

Some places don't allow these limits. Where that's the case, they apply only as far as the law there allows. Nothing in these terms takes away a right you have that can't be given up by agreement.

Your consumer rights

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law, New Zealand's Consumer Guarantees Act 1993, the consumer protection laws of your Canadian province or territory, or any other law that can't be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If you're a consumer in Australia, you're entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You're also entitled to have a service or digital product fixed or replaced if it fails to be of acceptable quality and the failure isn't a major failure.

If you're a consumer in New Zealand, the Consumer Guarantees Act 1993 gives you guarantees that can't be contracted out of for personal or household use, including that a service is carried out with reasonable care and skill and that a digital product is fit for its normal purpose. If one isn't met, you can ask us to fix it, and if it can't be fixed or the failure is serious, to replace it or refund you.

If you think one of these rights applies to something you bought in the app, email support@drawitupgame.com. Google Play and the App Store have their own refund processes, and using them doesn't take away your rights. The limits in "No warranties" and "Limit on our liability" apply only as far as the law allows.

Governing law and disputes

These terms, and any dispute about them or the services, are governed by the laws of the State of New York, USA, without regard to its conflict-of-law rules. Any dispute will be decided only by the state or federal courts located in the State of New York, and you and we agree to their jurisdiction. If you live somewhere whose consumer laws give you the right to bring a claim in your own courts or under your own laws, these terms don't take that right away. If something goes wrong, please email us first; most problems can be sorted out quickly.

The rest

If any part of these terms can't be enforced, the rest still applies. If we don't enforce a term right away, we haven't given it up. These terms and our privacy policy are the whole agreement between you and us about the services.

Changes to these terms

We may update these terms. When we do, we'll change the date at the top, and the new terms apply from then on to anyone who keeps using the services.

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