These terms and conditions (the “Terms and Conditions”) govern your use of the
“Punchline” mobile application and the services provided through it (collectively, the
“Services”), as made available through various platforms, including the Apple App Store,
Google Play Store, and other mobile application distribution platforms. The Services are provided
by Gmonks Entertainment Private Limited (“Gmonks”) having its office at T- 6 -3403, Ebony Runwal Green,
M.G Link Road Bhandup West, Mumbai City, Mumbai, Maharashtra, India, 400078 and email id
contact@gmonks.com
By using the Services, you indicate that you have read the Terms and Conditions and agree to abide
by them at all times.
Please note that these Terms and Conditions contain a dispute resolution clause that impacts your
rights about any potential dispute resolution. Please read these Terms and Conditions carefully.
1. General Rules
1.1 Age
- You must be 13 years of age or older to create an account and avail the Services.
- Users between 13-18 years old require parental consent.
- We comply with the Children's Online Privacy Protection Act (COPPA) to protect minor users' privacy.
1.2 Account Responsibilities
- You are solely responsible for your account and the security and privacy of your account, including your passwords or sensitive information attached to that account.
- You are responsible for maintaining the confidentiality of their account credentials.
- You agree to provide accurate registration information.
- Gmonks reserves the right to suspend or terminate accounts that violate these terms.
2. Intellectual Property
All content provided through our Services, including but not limited to images, text, logos, and
downloadable files, is the intellectual property of Gmonks Entertainment Private Limited.
You are granted a limited, non-exclusive, revocable license to access and use the Services for
personal, non-commercial purposes. You may not copy, reproduce, or distribute any content from our
Services without our prior written consent.
You may create content within our Services subject to the following conditions:
- Content must not include offensive, discriminatory, or inappropriate material.
- By sharing content, users grant Gmonks a worldwide, royalty-free license to use, modify, and distribute the content within the Services.
- Gmonks reserves the right to remove any user-generated content that violates these terms.
3. Acceptable Use
As a user of our Services you agree to use our Services legally and not to not use our Services for illegal purposes, and not to:- Harass or mistreat other users of our Services;
- Violate the rights of other users of our Services;
- Violate the intellectual property rights of the owners of the Services or any third party using the Services;
- Hack into the account of another user of the Services;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
4. Game Availability
- Gmonks aims to provide continuous game access but does not guarantee uninterrupted service.
- Maintenance, updates, or technical issues may temporarily interrupt game access.
5. Game Changes
- Gmonks reserves the right to modify, update, or discontinue the Game or its features.
- Users will be notified of significant changes via email or in-game notifications.
6. Sale of Goods and Services
All descriptions, images, and information provided for goods and services during our Services are as
accurate as possible. However, slight variations may occur, and the accuracy of such descriptions is not
guaranteed. Goods and services are provided "as is," unless otherwise required by law.
In the event of any discrepancies, please contact our support team for resolution
contact@gmonks.com
These Terms and Conditions apply to all the goods and services that are displayed on our Services
at the time you access it. All information, descriptions or images that we provide about our goods and
services are as accurate as possible. However, we are not legally bound by such information,
descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You
agree to purchase goods and services from our Services at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we
cancel your order and have already processed your payment, we will give you a refund equal to the amount
you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt
of any refund.
7. Third Party goods and services
Our Services may include content or links to third-party platforms. While we strive to work with
reputable providers, we cannot guarantee the quality or accuracy of goods and services provided by third
parties.
Additionally, your use of third-party services may involve the sharing of certain data. We
recommend reviewing the privacy policies and terms of service of any third-party platforms you interact
with through our Services. We are not responsible for any data shared directly with such platforms.
8. Subscription
Your subscription will automatically renew unless cancelled prior to the renewal date. We will notify
you of the subscription renewal terms, including the amount to be charged and the renewal date, at least
30 days before your subscription renews.
To cancel your subscription, you can log into your account and select the "Cancel
Subscription" option. Cancellation requests must be received before the renewal date to avoid being
charged for the next billing cycle. Upon cancellation, your access will continue until the end of the
current billing period.
9. Payments
We accept the following payments methods on our Services:
Credit Card
Paypal and
Debit Card.
When you provide us with your payment information, you authorise our use of and access to the
payment instrument you have chosen to use. By providing us with your payment information, you authorize
us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the
right to cancel or reverse your transaction.
10. Privacy and Data Protection
- We collect and process user data in accordance with our Privacy Policy.
- We comply with the California Consumer Privacy Act (CCPA) and other applicable data protection laws.
- By using the Services, you consent to our data collection and processing practices which can be accessed in detail in our Privacy Policy.
- Users can request data deletion or opt-out of certain data processing.
11. Refunds
All services provided by us are non-refundable. However, in the case of a technical error during payment processing, Gmonks will refund the incorrectly processed amount, provided the customer notifies Gmonks at contacts@gmonks.com within 72 (seventy-two) hours of the payment processing. The refund will be processed within 5-10 business days, depending upon the bank.
12. Privacy and Data Protection
- We collect and process user data in accordance with our Privacy Policy.
- We comply with the California Consumer Privacy Act (CCPA) and other applicable data protection laws.
13. Account and Data Deletion
Users of Punchline: Draw, Memes & Jokes have the right to request the deletion of their account and all associated personal data at any time.
- To initiate an account or data deletion request, please email us directly at contact@gmonks.com with the subject line "Account Deletion Request". Please include your user ID, the reason for the request and any other relevant information to confirm your identity, so we can locate your record.
- Upon receiving and verifying your request, we will permanently remove your profile details, user IDs, and any other data associated with your account from our active databases.
- We do not retain personal data after account deletion unless required by law or for fraud prevention and legal compliance. Any retained data will be fully anonymized.
- Deletion requests are processed within 30 business days. Once account deletion is complete, the action cannot be reversed.
14. Consumer Protection Law
Where any federal or state consumer protection legislation in your jurisdiction applies and cannot be
excluded, these Terms and Conditions will not limit your legal rights and remedies under that
legislation. Specifically, these Terms and Conditions comply with the Federal Trade Commission Act, as
well as applicable state consumer protection laws. If there is a conflict between these Terms and
Conditions and such legislation, the mandatory provisions of the legislation will apply.
Refunds for digital purchases will be governed in accordance with the applicable laws of your
state. Please note that refunds may not be provided for services once accessed, except where required by
law.
Our Services may be availed via Third Party platforms that we do not own or control. We are not
responsible for the content, policies or practices of any third-party website or services linked to our
Services. It is your responsibility to read the terms and conditions and privacy policies of these third
party websites before using these Services.
15. Accessibility
We are committed to ensuring our Services are accessible to all users, including those with disabilities. If you experience any accessibility challenges, please contact us at contact@gmonks.com for assistance. We aim to comply with the Americans with Disabilities Act (ADA) and other relevant accessibility standards
16. Disclaimer
The Services are provided "as is" without warranties of any kind.
-
Gmonks is not liable for:
- Any damages arising from game usage.
- Loss of game progress.
- Interruption of game services.
17. Limitation of Liability
To the fullest extent permitted by law, Gmonks Entertainment Private Limited and its directors, officers, employees, agents, subsidiaries, and affiliates will not be liable for any damages, losses, or expenses, including legal fees, arising out of your use of our Services. This includes, but is not limited to, incidental, consequential, or punitive damages, except where such liability arises from gross negligence, willful misconduct, or a violation of statutory rights.
18. Indemnity
Except where prohibited by law, by using these Services you indemnify and hold us harmless and our directors, officers, agents, employees, subsidiaries and affiliates from any actions, claims, losses,damages, liabilities and expenses including legal fees arising out of your use of our Services or your violation of these Terms and Conditions.
19. Apple Users — Standard EULA
If you access or use our application through the Apple App Store, your use of the application is also subject to Apple’s Licensed Application End User License Agreement (Standard EULA), in addition to these Terms of Service.
The Apple Standard EULA governs the license granted to you for use of the application on Apple-branded devices and includes terms relating to licensing, permitted use, data, external services, warranties, and limitations of liability. You can review Apple’s Standard EULA here:
You can review Apple’s Standard EULA here:
Apple Licensed Application End User License Agreement
To the extent of any conflict between these Terms of Service and Apple’s Standard EULA, the applicable terms of Apple’s Standard EULA will govern matters specifically relating to the license of the application through the Apple App Store.
20. Applicable Law
These Terms and Conditions are governed by the laws of the United States of America.
21. Dispute Resolution
21.1. Preliminary Dispute Resolution
Before initiating any formal legal proceeding, the parties agree to:- Attempt to resolve disputes through good-faith negotiation
- Provide written notice of any dispute, describing its nature and requested relief
- Engage in a 30-day informal resolution period
21.2. Binding Arbitration
Subject to the exceptions outlined below, any dispute arising from or relating to the Terms and Conditions or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.21.3. Arbitration Terms
- Arbitration will be conducted by a single neutral arbitrator
- The arbitration will be held in the federal judicial district where the user resides
- The arbitrator shall have the authority to grant any remedy available under applicable law
- The arbitration process shall be confidential
21.4. Exceptions to Arbitration
Notwithstanding the arbitration provision, either party may seek relief in small claims court or pursue injunctive relief in court for:- Intellectual property protection
- Urgent equitable relief necessary to prevent irreparable harm
- Claims that do not exceed the jurisdictional limit of small claims court
21.5. Opt-Out Right
Users may opt-out of this arbitration agreement by:- Sending a written opt-out notice to Gmonks within 30 days of first using the Game
- Providing a clear statement of intent to opt-out
- Sending the notice to the official contact address specified in these Terms and Conditions
21.6. Class Action Waiver
To the fullest extent permitted by law:- Any proceedings shall be conducted on an individual basis only;
- Class action, collective action, and consolidated proceedings are expressly waived;
- If a court determines that this waiver is unenforceable, the entire arbitration provision may be deemed invalid.
21.7. Severability
If any portion of this dispute resolution section is found to be unenforceable:- That specific provision will be modified to the minimum extent necessary to make it enforceable
- All other provisions remain in full force and effect
21.8. Governing Law
This dispute resolution provision shall be governed by the Federal Arbitration Act and applicable federal law.22. Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
23. Changes
We reserve the right to amend these Terms and Conditions at any time to comply with changes in the law
or operational requirements. You will receive notification of any material changes at least 30 days
before the updated terms take effect, either via email or by a notice on our Services. Gmonks may update
these Terms and Conditions. Material changes will be communicated 30 days prior to implementation.
By continuing to use the Services after the updated terms take effect, you agree to be bound by
the revised Terms and Conditions.
24. Contact Information
For questions or concerns regarding these Terms and Conditions, please contact us at:
T-6-3403, Ebony Runwal Green,
M.G. Link Road, Bhandup West,
Mumbai City, Mumbai, Maharashtra, India, 400078
Email: contact@gmonks.com