Terms of Service
These Sketchcast Terms and Conditions govern the terms of your access and use of the Sketchcast Website (defined below).
1. General Agreement
By accessing, using and/or otherwise visiting this website and its content (collectively, including all content available on or through the Sketchcast.com domain name, the "Website"), you agree to (i) these Terms and Conditions; and (ii) Sketchcast's Privacy Notice. If you do not agree to any of these Terms and Conditions or the Sketchcast Privacy Notice, please do not use this Website. Sketchcast's Privacy Notice may be found at http://sketchcast.com/privacy/. Sketchcast reserves the right to modify and/or amend these Terms and Conditions and other provisions governing the access or use of this Websites at any time, and from time to time, and you agree to such modifications and amendments.
The content on this Website, except all User Submissions (defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Sketchcast, subject to copyright and other intellectual property rights under the law. All Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sketchcast reserves all rights not expressly granted in and to the Website and the Content.
Sketchcast reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Sketchcast may remove such User Submissions and/or terminate a User's account or access for uploading such material in violation of these Terms and Conditions, at any time, without prior notice and at its sole discretion.
2. Third Party Websites and User Submissions
The Website may contain links to third party websites that are not owned or controlled by Sketchcast. Sketchcast has no control over, and expressly disclaims all responsibility and liability for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly release Sketchcast from any and all liability arising from your use of any third-party website. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
You further understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Sketchcast is not responsible for the accuracy, usefulness, safety, Marks, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.
You may access User Submissions and comments provided on this Website solely for your information and personal use as intended through the normal functionality of the Website, and for contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by you. Accessing User Submissions or comments for any purpose or in any manner other than as provided above is expressly prohibited. All User Submissions and comments are made available to you AS IS.
Sketchcast does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Sketchcast expressly disclaims any and all liability in connection with User Submissions. Sketchcast does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Sketchcast will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Sketchcast reserves the right to remove Content and User Submissions without prior notice.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sketchcast with respect to any materials contained on or obtained from the Website, and agree to indemnify and hold Sketchcast, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use and access of the Website, whether arising in connection with the Content, User Submissions and./or third party websites, and any violation(s) by you of these Terms and Conditions.
3. Sketchcast Accounts
These Terms and Conditions apply to all users of the Website, including users who are also contributors of video, audio or other content, information, and other materials or services on the Website. In order to access some features of the Website, you will have to create an account. When creating your account, you must provide truthful, accurate and complete information.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sketchcast immediately of any breach of security or unauthorized use of your account. You may never use another's account. Although Sketchcast will not be liable to you or third parties for losses caused by any unauthorized use of your account, you may be liable for the losses of Sketchcast or others due to such unauthorized use.
Sketchcast may terminate your account and access to its Website if, under appropriate circumstances, you are deemed by Sketchcast in its sole discretion to be in violation of these Terms and Conditions.
4. General Permissions and Restrictions
Sketchcast hereby grants you limited permission to access and use the Website as set forth in these Terms of Conditions, provided that:
(i) The permission to access and use the Website granted you herein may be revoked at any time in the event Sketchcast reasonably deems you to be in violation of any of these Terms and Condition, in its sole discretion;
(ii) You agree not to distribute in any medium any part of the Website, including, but not limited to, User Submissions and Content, without Sketchcast's prior written authorization;
(iii) You agree not to alter or modify any part of the Website or any of its related technologies;
(iv) You agree not to access the Website through any technology or means other than the explicitly authorized means Sketchcast may designate;
(v) You agree not to use the Website for any commercial use, without the prior written authorization of Sketchcast;
(vi) You agree not to collect, reproduce, store, distribute, transfer or sell any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email), including any use, copying, or distribution of User Submissions of third parties obtained through the Website, for any commercial purposes;
(vii) You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions;
(viii) You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages to the Sketchcast servers in any given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
(ix) You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or User Submissions, or enforce limitations on use of the Website, or the Content and/or User Submissions therein; and
(x) You agree to comply with these Terms and Conditions, and all applicable state, local, national, and international laws and regulations.
5. Your User Submissions and Conduct
As a Sketchcast account holder you may submit video and textual content, including user comments (collectively, "User Submissions"). You understand that whether or not such User Submissions are published, Sketchcast does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sketchcast to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Sketchcast, you hereby grant Sketchcast a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Submissions in connection with the Website and any of Sketchcast's, and its successors, assigns and affiliates, business and operations, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms and Conditions. The above licenses granted by you in User Submissions are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sketchcast all of the license rights granted herein.
6. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (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 the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement 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 owner of an exclusive right that is allegedly infringed.
Sketchcast's designated Copyright Agent to receive notifications of claimed infringement is: Mike Gavin, email: copyright@sketchcast.com, fax: 319-688-3086 For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Sketchcast customer service through http://sketchcast.com/contact/. You acknowledge that if you fail to comply with all of the requirements of this Section 6, your DMCA notice may not be valid.
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: (i) Your physical or electronic signature; (ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Iowa City, Iowa, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Sketchcast may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Sketchcast's sole discretion.
7. Disclaimer of Representations and Warranties
YOU AGREE THAT YOUR USE OF THE SKETCHCAST WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SKETCHCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SKETCHCAST MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THIS WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, OR FROM, THIS WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, OR THROUGH, THIS WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 THIS WEBSITE. SKETCHCAST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SKETCHCAST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU SPECIFICALLY ACKNOWLEDGE THAT SKETCHCAST SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Sketchcast from its facilities in the United States of America. Sketchcast makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Limitation of Liability
IN NO EVENT SHALL SKETCHCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SKETCHCAST'S WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, OR FROM, THIS WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKETCHCAST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AND SKETCHCAST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SKETCHCAST WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
9. Indemnification
You agree to defend, indemnify and hold harmless Sketchcast, owners, operators, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and costs and expenses of investigation), of any kind, arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
10. Ability to Contract
You affirm that you are either more than 18 years of age, or an emancipated minor over the age of 13, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
11. Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sketchcast without restriction.
12. General
You agree that: (i) the Website shall be deemed solely based in Iowa; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Sketchcast, either specific or general, in jurisdictions other than Iowa. These Terms and Conditions shall be governed by the internal substantive laws of the State of Iowa, without respect to its conflict of laws principles. Any claim or dispute between you and Sketchcast that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Iowa City, Iowa. These Terms and Conditions, together with the Sketchcast Privacy Notice, and any other legal notices published by Sketchcast on the Website, shall constitute the entire agreement between you and Sketchcast concerning the Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Sketchcast's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Sketchcast reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
