Last Revised: February 14, 2017
These Terms of Service ("Terms") govern your access to and use of SKTCHY (collectively, "SKTCHY", "we", or "us"), including any SKTCHY mobile applications and websites (the "Services"), and any images, information, text, graphics, photos, art, artwork or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as "Content"). By accessing or using the Services you agree to be bound by these Terms, which we may update without notice and encourage you to review here at any time. If a change is material, we’ll let you know before it takes effect. Unless we expressly note otherwise, these Terms incorporate and supersede any other agreements between you and SKTCHY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU SHOULD NOT USE THE SERVICES IN ANY MANNER OR FORM.
1. Basic Terms
These Terms create a legal agreement between you and SKTCHY and supersede any prior agreements between you and SKTCHY. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice. Your continued use of SKTCHY after any such changes constitutes your acceptance of the new Terms.
By accessing the Services, you agree to comply with all applicable laws (including, but not limited to, libel, obscenity, and child pornography laws), assume responsibility for your activities, and agree not to harass, disrupt, abuse, or invade the privacy rights of others.
By accepting these Terms, you agree to provide accurate, complete, and current information and to maintain and update such information to keep it accurate, complete, and current. If you fail to do so, we reserve the right to terminate your account.
2. Content on the Services
SKTCHY assumes no responsibility for the accuracy of any information in any material in the Services and does not endorse any content, commentary, or recommendations posted by registered members, nor do we give art-related investment advice. You should exercise discretion and skepticism before relying on information in messages or submissions because it may be incorrect or misleading.
SKTCHY allows registered members to submit artwork and photographs by uploading image files to the SKTCHY servers. We are not responsible for the Content posted by SKTCHY's members. We do not verify or endorse any of the Content posted by any member.
We do not screen, review, or edit messages posted by registered members. Notwithstanding the foregoing, we reserve the right to monitor and/or remove any information transmitted or received through SKTCHY, or to terminate your membership and use of SKTCHY at any time, without notice, at our sole discretion.
SKTCHY is only for people who are either (1) at least 18 years old or (2) at least 13 years old and who have permission from a parent or legal guardian to access SKTCHY. If you have authorized a minor to use SKTCHY, you are responsible for the online conduct of such minor, and the consequences of any misuse of SKTCHY by the minor. A warning to parents and legal guardians: SKTCHY may display photographs and images containing nudity and violence that may be offensive to some.
3. Your rights
First, a note to artists: SKTCHY’s mission is to connect people through art. Rest assured that you retain complete ownership of your art when you share it on SKTCHY. You can delete it at any time. You can sell it to whomever you like. You can do whatever you want with your art. It's yours, not SKTCHY's. Simple as that. The same applies to all content you share on SKTCHY: you retain your rights to any content you submit, post, or display on or through the Services.
That said, we need a license from you so that we can present your art on SKTCHY. By posting your material on SKTCHY, you are granting us and our affiliates a non-exclusive, royalty-free, worldwide license (with right to sub-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). The granting of this license does not change the fact that you own the art that you share on SKTCHY. Whenever possible, we will credit you as an author or creator, and you agree to give us the right to use your name for attribution purposes.
You warrant that you have the right to use the trademarks, processes, or other materials you use with SKTCHY, if any. You warrant that your content does not infringe any third party copyrights or patents. You also warrant that you are both the creator and rights holder of all images you submit to SKTCHY including photographs, drawings, paintings, and other material.
You understand that when you delete material from SKTCHY, content may persist in backup copies for a reasonable period of time, though it will be unavailable to others.
By submitting your images to SKTCHY, you represent that the images comply with these Terms. If any third party brings a claim, lawsuit, or other proceeding against SKTCHY or its affiliates based on content you post on SKTCHY, you agree to compensate SKTCHY and/or its affiliates, officers, directors, members, employees, and agents for any and all losses, liabilities, damages, or expenses, including attorneys' fees, incurred by such party in connection with any such claim, lawsuit, or proceeding.
4. Restrictions on Content and Use of the Services
The following actions, among others, may result in termination of your account:
- Posting any material that violates the rights of a third party, including copyright, trademark, privacy, and publicity rights
- Posting any material that constitutes a direct and specific threat of violence to others
- Posting any material that is harassing, abusive, or constitutes spam
- Posting content that promotes, encourages, or provides instructional information about illegal activities or using SKTCHY for any illegal purposes
- Posting nudity, pornography, or sexual material of a lewd, lascivious, or obscene nature or intent that violates local, state, or federal laws
- Providing false information to SKTCHY
- Using SKTCHY as a remote storage server only or knowingly allowing a third-party to link to content files stored on SKTCHY's servers
- Accessing SKTCHY through automated methods, such as the use of robots or other computer code that accesses the Services
- Using SKTCHY to impersonate another person or misrepresent authorization to act on behalf of others
- Attempting to undermine the security or integrity of computing systems or networks of SKTCHY, its partners, or third-party applications accessed via SKTCHY
SKTCHY is not a content storage provider and does not guarantee or warrant that any content you may store or access through the Service will not be subject to damage, corruption, loss, or removal in accordance with the terms of this agreement. You understand that SKTCHY may temporarily disable your account if you use more than a reasonable amount of data per month.
5. Username Policy
When you sign up for a SKTCHY account, you will be asked to choose a username and a password. Usernames are claimed on a first-come, first-served basis. Your username is how you will be publicly identified, along with any photo you associate with you account. We reserve the right, in our sole discretion, to refuse to issue a particular username or to remove or reclaim any username. For instance, we may refuse to issue a username or reclaim a username if the username violates intellectual property rights, or if we determine that the username impersonates someone else, misappropriates a person’s right of publicity, is illegal, or offensive. Accounts may be removed after 6 months of inactivity, and we do not accept requests for inactive accounts, unless you own a registered trademark for it.
6. DMCA Copyright Policy
SKTCHY complies with the Digital Millennium Copyright Act ("DMCA"). We will terminate copyright infringers when legally required or appropriate. If you believe that any of the Content posted by members, visitors, or third parties violates your copyrights, please report it to us immediately. You can contact SKTCHY with infringement notices here:
1523 West Avenue, #301
Miami Beach, FL
support [at] sktchy [dot] com
Your notice must comply with the DMCA. For your request to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on SKTCHY; (d) Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and e-mail address; (e) 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 law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
7. Proprietary Rights
SKTCHY owns the intellectual property rights to any and all protectable components of SKTCHY, including, but not limited to, the application software, the related documentation, the "look and feel", the end-user interfaces, the name of the App, and many of the individual features.
You agree that the Services, including all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property belonging to SKTCHY, which may only be used or accessed as specifically provided for in these Terms.
We may change, terminate, or restrict access to any aspect of the service, at any time, without notice. We may terminate your account and notify appropriate law enforcement authorities if we suspect any fraudulent, abusive, or illegal activity on your part.
9. Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as data and text messaging fees, will still apply. You agree that you are responsible for all data charges you incur through use of the Services.
10. Limitation of Liability
YOUR USE OF SKTCHY IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH SKTCHY, YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Notwithstanding the above, your exclusive remedies for all damages, losses, and causes of action, whether in contract or tort including negligence or otherwise, shall not exceed the aggregate dollar amount which you paid directly to SKTCHY during the current payment period.
You shall defend, indemnify, and hold harmless SKTCHY and its affiliates, members, officers, directors, employees, consultants, agents and representatives, and their respective heirs, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with SKTCHY, your violation of these Terms or your infringement, or infringement by any contestant as part of a contest, of any intellectual property or other right of any person or entity, regardless of the type of claim or the nature of the cause of action. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. Disclaimers of Warranty
THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED ON SKTCHY. FURTHER, YOU EXPRESSLY UNDERSTAND THAT WE MAKE NO REPRESENTATIONS THAT INDIVIDUALS USING THE SITE ARE WHO THEY PURPORT TO BE. WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY FOR, ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF SKTCHY AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH SKTCHY.
We are not responsible for any financial or personal loss to members using their accounts for business or any other purpose for any reason including, but not limited to, server down situations (e.g., server malfunction, server crashes, or software related problems) and accidental or willful deletion of member accounts and/or contents of said accounts.
13. Miscellaneous Provisions
A. Choice of Law/Jurisdiction. You agree that these Terms shall for all purposes be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law provisions thereof, and that any action arising out of these Terms shall be litigated and enforced under the laws of the State of Florida. Further, you agree to submit to the exclusive jurisdiction and venue of the courts of the State of Florida, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of Florida.
B. Waivers. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of SKTCHY to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
C. Severability. If any provision of these Terms shall be declared void or invalid by a court of competent jurisdiction, such void or invalid provision shall not in any way impair the entire Terms. The remaining provisions shall be construed as if not containing the provisions held to be void or invalid, and the rights and obligations of the parties hereto shall be construed and enforced accordingly. If any court with jurisdiction should determine that any provision of these Terms is overbroad or otherwise unenforceable, the court may narrow or limit the provision so as to make it enforceable.
E. Binding Agreement. These Terms shall be binding upon you and your employees, representatives, and agents, and their respective heirs, successors and assigns and shall inure to the benefit of SKTCHY and its affiliates, successors, assigns, and licensees.
F. Entire Agreement. These Terms and any and all other online policies promulgated by SKTCHY constitute the entire agreement between you and SKTCHY and supersede all prior oral or written understandings, communications or agreements not specifically incorporated in this agreement. Nothing contained in this agreement creates a partnership, employee, or agency relationship between you and SKTCHY.
G. Force Majeure. Failure by anyone to perform any obligation contained in this agreement shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice of the event has been given to the other party. If any party fails to perform any duty or obligation in this agreement as a result of a force majeure event, such party shall be required to fulfill its obligations contained in this agreement within a reasonable time after the force majeure event ceases to exist.
The effective date of these Terms is February 28, 2017. These Terms were written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.
Questions and Comments
If you have any questions or comments, please email us.