Date: 20.10.2023
CONTEXT FOR THESE TERMS AND CONDITIONS
The Walken Sketch Mobile Application (‘Walken Sketch’) is a thrilling single-player cops and robbers racing game where players must escape police chases, dodge obstacles, and earn maximum points, featuring fast-paced gameplay, unique roads, multiple race cars, and customizable characters.
In Walken Sketch, you can also connect a wallet to receive winnings for participating in competitions.
You can connect your existing wallet based on the Solana or create a wallet in the Walken app using the instructions at https://docs.walken.io/walken-support/how-do-i-get-walken-wallet.
We would like to draw your attention to the fact that if you connect a treadmill to Walken Sketch you should read the relevant terms of use and privacy policy of your wallet operator.
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Walken Sketch (“we”, “us”, or “our”) concerning your access to and use of the Walken Sketch Mobile Application as well as any other media form, media channel, mobile Website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site or Application”).
Reference to (“Services”) are in reference to any service which Walken Sketch or an affiliate of Walken Sketch provides to you via its Website or application.
The information on the Site or Application is not intended for distribution or to be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Site or Application from other locations do so on their own initiative and are solely responsible for compliance of local laws, to the extent local laws are applicable.
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that may apply to you. Please read it carefully.
In order to understand the rules of the Terms and Conditions clearly you shall familiarize yourself with the meaning of terms used in the Terms and Conditions. In this Terms and Conditions the following terms, when capitalized, shall have the following meanings:
1. CHANGES TO THESE TERMS AND CONDITIONS
Supplemental terms and conditions or documents that may be posted on the Site or Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you of any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site or Application after the date such revised Terms and Conditions are posted.
2. ACCEPTANCE OF THESE TERMS AND CONDITIONS
Our services are only available to you upon acceptance of these terms and conditions. By using the services on our application or, you agree that you have read, understood, and agree to be bound by all of these terms and conditions. If you do not agree and/or accept all of these terms and conditions, then you are expressly prohibited from using our services and you must discontinue use immediately.
3. APPLICATION OF THESE TERMS AND CONDITIONS
These Terms and Conditions apply to all users of all of Walken Sketch’s services, including individuals, merchants, and legal entities.
Walken Sketch’s users are those who use and/or purchase Walken Sketch services or affiliated services.
The Application is intended for users who are at least 17 years old. People under the age of 17 are not permitted to use the Walken Sketch application or Website without permission and oversight by a legal guardian over the age of 18 years.
4. DIGITAL ITEMS
Our services may include the provision of digital assets and/or items. Unless otherwise stated, you shall not be able to remove digital assets or items from our services.
Unless otherwise stated ownership rights of digital items or assets purchased via our services do not vest with you. We have bestowed a limited personal revocable license to use the digital items or assets via our services.
We reserve the right to, remove, change any virtual item or asset without notice nor permission from you.
You shall not be entitled to bring any Claims against Walken Sketch in respect to the loss of the digital assets or items granted to you via our services.
Suspension of termination of your account due to a breach of these terms shall lead to a loss of digital assets and Walken Sketch shall not in any circumstance compensate you for this.
Upon request of deletion of personal information in accordance to our Privacy Policy you agree to forfeit your digital items or assets without any entitlement to compensation.
5. DEVICE
If You intend to download onto and/or run the App on any Device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with these Terms and Conditions whether or not You own the Device.
You are allowed to install and/or use the App only through Your Account.
If You use the Device together with other people, please, make sure that nobody except You can use the Application from Your Account. All actions taken in Your Account are considered Your actions in disregard of who actually takes such actions. You are fully responsible for all actions taken in Your Account.
If You decide to sell or otherwise dispose of the Device, You shall delete the Application from the Device.
6. DATA PROTECTION
In order to provide you with the Application and its services, you acknowledge and agree that Walken Sketch may collect, store, and process your personal data and/or information. By accessing and/or using the Site or Application, you acknowledge to have read, understood, and accepted the terms of Walken Sketch’s Privacy Policy , and you further acknowledge and agree that Walken Sketch may use such data and/or information in accordance with the terms of its privacy policy.
7. USER REPRESENTATIONS
Upon using our services you grant Walken Sketch a royalty free, worldwide, non-exclusive, sublicensable right to use any content that you may create in connection with out services.
By accessing and/or using the Site or Application, you warrant that you are a bona fide user of Walken Sketch’s services. By accessing Walken Sketch via account creation, you confirm that you will not use Walken Sketch services in connection with any of the following businesses, activities, practices or items, or any criminal activities whatsoever, including but not limited to:
8. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Site or Application and its Services are the property of Walken Sketch or its licensors. Subject to your compliance with these Terms, Walken Sketch grants you a limited right to access and/or use the Site or Application.
The right to access and/or use the Site or Application is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives you any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Site or Application.
You acknowledge and agree that Walken Sketch retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Site or Application, the software and application programming interfaces (APIs) comprising the Site or Application, and all content therein. You acknowledge and agree that “Walken Sketch”, their trademarks, service marks, logos and graphics are the registered trademarks or trademarks of Walken Sketch.
You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign, copy, or in any other way transfer or grant any rights to the App to any third party. You may not distribute or make the App available over any network where it could be downloaded or used by multiple users at the same time.
You may not use any automatic or manual device or process to interfere with the proper working of the App. However, You may use any kind of device or process to delete the App from Your Device.
You may not decompile, disassemble, reverse engineer or create derivative works of the App or any parts thereof. All modifications or enhancements to the App remain the sole property of Company.
You may not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App.
You are not permitted to create, for commercial use, fan art (tokenised or physical), merchandise, or similar content stemming from the Site or Application and its affiliated links and projects.
If you create any fan-art for personal, non-commercial use, the artwork must clearly state “Walken Sketch” and a link to the Site or Application. Walken Sketch reserves the right to determine if something is fan art/merchandise or not.
9. USER REGISTRATION
You may be required to register an account with the Application to be able to access its features and functions. You agree to keep your password (if any) confidential and will be responsible for all use of your account and password.
To the maximum extent allowed by law, we accept no liability for any losses suffered by you with regards to losing access to your account or wallet.
10. PROHIBITED ACTIVITIES
You may not access or use the application or Site or Application for any purpose other than that for which we make the application and Site or Application available. The application and Site or Application may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with Walken Sketch.
The prohibited activities with regards to the Site or Application and application include, but are not limited to:
11. PAYMENT AND FEES
The Site or Application reserves the right to employ and use third-party payment gateways.
Any third-party payment services used are not controlled by Walken Sketch. You agree to use the third-party payment services at your own risk. You agree to indemnify Walken Sketch from all liability in relation to any third-party payment services. We accept no liability owed to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via any third-party payment gateways.
12. DISCLAIMER
To the fullest extent permitted by applicable law, We and Our affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, express or implied, as to the accuracy, adequacy or completeness of any of the information contained in Our Apps or created by the services.
The Content in Our Apps is provided to You on an “as is” basis, without any warranties as to merchantability or fitness for a particular purpose or use. We do not guarantee that You will attain any anticipated result from the use of the Apps.
We make no warranty that:
Any service downloaded or otherwise accessed through the use of Our Apps is at Your own discretion and risk and We shall have no responsibility or liability for any errors or omissions. We are not responsible for any damages, whether direct or indirect, special or consequential, suffered by You or by any other person from the use of the Apps, even if You have been advised of the possibility of such damages. No advice or information, whether oral or written, obtained by You from Us or Our Apps shall create any warranty not expressly stated in the Terms and Conditions. Under no circumstances shall Our liability or of any of Our affiliates pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by You for access to the Apps. Furthermore, We shall have no responsibility or liability for delays or failures due to circumstances beyond Our control.
13. TRANSFER OF RIGHTS
We may transfer Our rights and obligations under these Terms and Conditions to any other organization or individual without Your consent. We will ensure that the transfer will not affect Your rights under the Terms and Conditions.
You may only transfer Your rights or Your obligations under these Terms and Conditions to another person if We agree in writing.
14. TAXATION
You shall be solely responsible for any taxes applying to the payments you make or receive through the Site or Application, and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that, at the moment, Walken Sketch is not able to draft a taxation report concerning the operation executed and that it is your duty to collect all the information required by the competent tax authorities in order to comply with your tax obligations.
15. THIRD PARTY WEBSITE OR APPLICATION AND CONTENT
The Site or Application may contain (or you may be sent via the Site or Application) links to other WebSite or Applications (“Third-Party WebSite or Applications”), as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party WebSite or Applications and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party WebSite or Applications accessed through the Site or Application, or any Third-Party Content posted on, available through, or installed from the Site or Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party WebSite or Applications or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party WebSite or Applications or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site or Application and access the Third-Party WebSite or Applications or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern your use of and interaction with these Site or Applications and/or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any WebSite or Application to which you navigate from the Site or Application or relating to any applications you use or install from the Site or Application.
Any purchase you make through Third-Party WebSite or Applications will be through other WebSite or Applications and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party WebSite or Applications and we are not liable for any harm caused by your purchase of such products and services. Additionally, you agree and acknowledge that we accept no liability for any losses sustained by you or harm caused to you relating to or resulting, in any way, from any Third-Party Content or any contact with Third-Party WebSite or Applications.
16. ADVERTISING
We may allow advertisers to display their advertisements and other information in certain areas of the Site or Application, including sidebars, pop-ups, and banners. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site or Application, and any services provided on the Site or Application, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site or Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
17. TERMINATION OF USE
You terminate these Terms at any time by withdrawing consent to abide by these terms via writing.
You agree that we, in our sole discretion and for any or no reason, may terminate these Terms or suspend and/or terminate your use of the Walken Sketch without the provision of prior notice. You agree that any suspension or termination of your access to the Site or Application may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.
If we terminate these Terms or suspend or terminate your access or use of the Site or Application due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of the Site or Application. Without limiting the forgoing, we have the right to fully cooperate with any law enforcement authorities or court order requestion or directing us to disclose the identity or other information of anyone using the Site or Application.
Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have used or gathered on the Site or Application or that is related to your wallet, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
If We end Your rights to use the Walken Sketch:
18. LIMITATION OF LIABILITY
In no event will Walken Sketch, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Site or Application, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not Walken Sketch was advised of the possibility of such damages.
Without limiting the generality of the foregoing, Walken Sketch takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Site or Application, including, without limitation, to any of the following: (i) delays, interruption or loss of services; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) corrupted data on Walken Sketch’s servers; (vi) failure to update or provide correct information; (vii) “phishing” or other WebSite or Applications masquerading as Walken Sketch; (viii) stolen, lost, or unauthorised use of your means of authorization; (ix) loss of business or goodwill.
The limitation of liability set out above shall not be applicable in case of loss or damages caused by Walken Sketch or any of its employees by intentional misconduct or gross negligence.
The Site or Application is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. Walken Sketch disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
We make no warranty that:
The Site or Application supports or is integrated with third party services. Walken Sketch takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.
Any service downloaded or otherwise accessed through the use of Our Apps is at Your own discretion and risk and We shall have no responsibility or liability for any errors or omissions. We are not responsible for any damages, whether direct or indirect, special or consequential, suffered by You or by any other person from the use of the Apps, even if You have been advised of the possibility of such damages. No advice or information, whether oral or written, obtained by You from Us or Our Apps shall create any warranty not expressly stated in the Terms and Conditions. Under no circumstances shall Our liability or of any of Our affiliates pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by You for access to the Apps. Furthermore, We shall have no responsibility or liability for delays or failures due to circumstances beyond Our control.
19. INDEMNIFICATION
To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify Walken Sketch, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of:
20. ENTIRE AGREEMENT
These Terms constitute all the terms and conditions agreed upon between you and Walken Sketch and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
21. SEVERABILITY AND WAIVER
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
The failure of Walken Sketch to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of Walken Sketch’ rights to do so.
22. ASSIGNMENT
Walken Sketch may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party, unless in connection with the transfer of the Tokens.
23. NO PARTNERSHIP
Nothing contained in these Terms shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between you and Walken Sketch.
24. FORCE MAJEURE
Walken Sketch will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond Walken Sketch’ reasonable control.
25. ENTITLEMENT TO ACCESS AND AMEND PERSONAL INFORMATION
If your access to the Site or Application is suspended or terminated, we will keep your information in our database for at least two years for regulatory purposes. This ensures that those who are attempting to avoid fraud cannot achieve this by simply closing or terminating their access. When your access is closed or terminated, your information will not be used by us for any further purposes, including sharing to third parties. You are entitled to review, correct, or amend your personal information, or to delete that information where it is inaccurate. If you wish to do this, please contact us at [email protected].
26. GOVERNING LAW
These Terms and Conditions, and your use of the Site or Application, are/is governed by and constructed in accordance with the laws of the BVI, applicable to agreements made and to be entirely performed in the BVI, without regard to its conflicts of law principles.
27. MISCELLANEOUS
Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.
Even if We delay enforcing these Terms and Conditions, We can still enforce them later. If We do not insist immediately that You do anything You are required to do under these Terms and Conditions terms, or if We delay taking steps against You in respect of Your breaking the Terms and Conditions, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.
If You want to learn more about the App or have any problems using it, please, contact Us at [email protected].