SketchUcation Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services and SketchUcation's websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Note that two, other documents form an inseparable but more specific part of these Terms:
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with SketchUcation and are not a person barred from receiving services under the laws of the European Union or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, regiona, national, and international laws, rules and regulations.
The Services that SketchUcation provides are always evolving and the form and nature of the Services that SketchUcation provides may change from time to time without prior notice to you. In addition, SketchUcation may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services or other information. The types and extent of advertising by SketchUcation on the Services are subject to change. In consideration for SketchUcation granting you access to and use of the Services, you agree that SketchUcation and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You agree not to view SketchUcation with an Ad Blocker in operation.
Any information that you provide to SketchUcation is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the European Union and/or other countries for storage, processing and use by SketchUcation. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your SketchUcation account, which you may be able to opt-out from receiving.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. SketchUcation cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. We strive to moderate such messages but, under no circumstances will SketchUcation be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant SketchUcation a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for SketchUcation to make such Content available to other companies, organizations or individuals who partner with SketchUcation for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by SketchUcation or other companies, organizations or individuals who partner with SketchUcation may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. SketchUcation will not be responsible or liable for any use of your Content by SketchUcation in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
SketchUcation gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by SketchUcation as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SketchUcation, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SketchUcation and its licensors. The Services are protected by copyright, trademark, and other laws of both the European Union and foreign countries. Nothing in the Terms gives you a right to use the SketchUcation name or any of the SketchUcation trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SketchUcation or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Please review the Terms to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of SketchUcation, its users, thir party copyright holders and the public.
Note: SketchUcation does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, SketchUcation’s computer systems, or the technical delivery systems of SketchUcation's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SketchUcation (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with SketchUcation (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of SketchUcation is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
If you are a 3rd party vendor and wish to promote your product on SketchUcation, you must first seek consent by the management of SketchUcation. There are several advertising possibilities and if you have any questions regarding further promotion, please, contact Rich O'Brien who will be glad to answer them and provide any additional information. Any, unauthorised promotion will be immediately removed and after repeated attempts to make such promotion, the member eventually banned.
When you sign up for the Premium service, we charge you right away for the first period of your subscription. Unless you cancel in the meantime, your subscription will automatically be renewed at the end of your billing period.
Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid products including Premium Account subscriptions are nonrefundable after purchase and delivery.
License purchases are non-refundable after purchase and delivery
SketchUcation respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, SketchUcation and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. SketchUcation will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that SketchUcation has no responsibility or liability for the deletion of, or the failure to store or to transmit any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from SketchUcation or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SketchUcation of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
To the maximum extent permitted by applicable law, SketchUcation and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not sketchucation has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The failure of SketchUcation to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the Ireland and the European Union without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Ireland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed solely by the Laws of the European Union (without reference to conflict of laws) and, in the absence of EU law and to the extent permitted under EU law, the laws of Ireland (excluding choice of law).
These Terms and our Privacy Policy are the entire and exclusive agreement between SketchUcation and you regarding the Services (excluding any services for which you have a separate agreement with SketchUcation that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between SketchUcation and you regarding the Services. Other than members of the group of companies of which SketchUcation is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time; the most current version will always be on sketchucation.com. If the revision, in our sole discretion, is material we will notify you via a SketchUcation update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. These Services are operated and provided by SketchUcation LLC., 4 Carmody Street, Ennis, Co.Clare, Ireland. If you have any questions about these Terms, please contact us.
Effective: October 1st, 2012
