Last Update: June 2nd, 2015
SKETCH NATION ("Sketch Nation", "WE" OR "US") WEBSITE TERMS AND CONDITIONS
General Use Restrictions
Sketch Nation provides digital content and services through the Site. Certain information, documents, and services provided on and through the Site, including content, logos, graphics, sounds and images (together, the "Materials") are provided to you by Sketch Nation and are the copyrighted and/or trademarked work of Sketch Nation or Sketch Nation’s licensors. Materials do not include Submissions (as defined below in the Submissions Section).
Sketch Nation grants you a limited, personal, non-exclusive and non-transferable license to (i) use the Site and (ii) use and display and to make copies incidental to use and display of the Materials solely for your personal use. Except for the license set forth in the preceding license grant above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Site in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you must cease using the Site and agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any of the Materials.
We may offer updates of the Site, from time to time, for feature enhancement, security or other purposes.
You agree to comply with all export and re-export regulations and restrictions of the U.S. Department of Commerce and other United States agencies and authorities that may apply to the Site.
If you violate these Terms, Sketch Nation may terminate and/or suspend your access to the Site and/or use of the Materials, Third Party Content (as defined below) without notice. Sketch Nation prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Sketch Nation, may result in immediate termination of your access to the Site. Sketch Nation has the right to terminate any password-restricted account for any reason. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Sketch Nation’s failure to enforce any of these Terms is not a waiver of such term.
Password Restricted Areas
You need a password to use or access certain functions and areas within the Site (such as the ability to have us store a game or share games you created). You are responsible for maintaining the confidentiality of your password and account, and you agree to notify Sketch Nation if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account, and Sketch Nation is not responsible for any unauthorized use of your account in the event that your password is stolen or revealed to a third party. You agree to immediately notify Sketch Nation of any unauthorized use of your account or any other breach of security in relation to the Site known to you. Sketch Nation provides you with tools to change your password and to otherwise edit or safeguard your account on your account settings page.
You may not sell, transfer, give, or otherwise surrender your account or account password to another party. You agree that you will not use other users’ contact information gathered from the Site for commercial purposes and agree not to provide any other user’s contact information to any third party.
Disclaimer of Warranties
Your use of the Site is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by Sketch Nation, and they may include inaccuracies, typographical, or other errors. Sketch Nation does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on the Site. Sketch Nation has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Sketch Nation, our users, or our licensors.
NEITHER Sketch Nation OR ITS LICENSORS OR SUPPLIERS MAKE ANY EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER Sketch Nation NOR ITS LICENSORS OR SUPPLIERS PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. Sketch Nation DOES NOT GUARANTEE THE CONFIDENTIALITY OF YOUR SUBMISSIONS.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Sketch Nation NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THE SITE. IN NO EVENT SHALL Sketch Nation OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGE TO YOUR HEALTH OR FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Sketch Nation OR ITS LICENSORS KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
Third Party Content
Certain information and content that are not Submissions may be provided by third party licensors and suppliers to Sketch Nation ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content or as otherwise set forth in these Terms, you agree to only display the Third Party Content on your device solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content or as otherwise expressly authorized in these Terms. You hereby indemnify and hold Sketch Nation and all providers/licensors of Third Party Content harmless from any third party claims related to your use of the Third Party Content in any manner other than authorized hereunder.
You acknowledge that you are responsible for the text, photos, files, information, graphics, sounds and other material that you submit, upload or otherwise make available on the Site, including without limitation, any games or other communications that you create using the Site or make available on the Site (each a "Submission"). You understand that other users within the parameters selected by you (such as by sharing on third party platforms or through email) will be able to receive and play games that you have created with the Site. You further acknowledge that you, and not Sketch Nation, bear full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership.
You represent and warrant that: (i) you own all Submissions uploaded by you on or through the Site, or that you otherwise have the right to grant the licenses to Sketch Nation set forth in this section, and (ii) your Submissions, such as any games, uploaded on or through the Site do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay and indemnify Sketch Nation for all royalties, fees, damages and any other monies owing any person by reason of any Submissions uploaded by you to or through the Site.
Sketch Nation asks that you respect the Sketch Nation online community as well as other individuals participating within the Sketch Nation online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when uploading Submissions to or otherwise using the Site, you agree not to, without limitation:
- Upload anything that exploits children or minors or participate in a group that exploits children or minors.
- Upload any content that is mature, adult in nature or inappropriate for a general audience.
- Use explicit/obscene language or solicit/upload sexually explicit images (actual or simulated) or to
participate in racially, ethnically, or otherwise offensive language.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy
and publicity) of others.
- Upload any copyrighted or trademarked materials without the express permission from the owner.
- Impersonate or represent Sketch Nation, our staff or other industry professionals.
- Solicit a user’s password or other account information.
- Harvest user names, addresses, homepage URL’s or email addresses for any purpose other than
your personal use in your interactions on the Site.
- Upload information that makes available or includes another individual’s personally identifiable
information (for example, their real name, e-mail address, address, employer or school).
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ’junk mail’, ’spam’,
’chain letters’, ’pyramid schemes’, or any other form of such solicitation.
- Discuss or incite illegal activity.
- Upload anything that depicts cruelty to animals.
- Alter or interfere with Sketch Nation’s Site or operations by employment of third party scripts, code,
- Remove, hide, or obscure access to Sketch Nation tools used to report a user or their behavior.
This list of prohibitions provides examples and is not complete or exclusive. Sketch Nation reserves the right to (a) terminate your access to your account, your ability to upload to the Site and (b) refuse, delete or remove any Submissions o; for any action that Sketch Nation determines is inappropriate or disruptive to the Site or to any other user of the Site with or without cause and with or without notice, for any reason or no reason. Sketch Nation reserves the right to restrict the number of games which you are allowed to send to other users to a number that Sketch Nation deems appropriate in Sketch Nation’s sole discretion. Sketch Nation may report to law enforcement or other appropriate government authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct. When legally required or at Sketch Nation’s discretion, Sketch Nation will cooperate with law enforcement or appropriate government agencies in any investigation. You hereby acknowledge and agree that in using the Site, you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND Sketch Nation WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to and use of the Site is undertaken at your own risk and Sketch Nation is not responsible for any offensive, harmful or otherwise objectionable materials that may be included on the Site by any third party
These prohibitions do not require Sketch Nation to monitor, police, or remove any Submissions or other information submitted by you or any other user, and Sketch Nation disclaims any obligation or responsibility to do so.
You understand that your interactions and dealings with other users of the Site are solely between you and such other user. Sketch Nation is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and Sketch Nation has no obligation to become involved in any resulting dispute.
Submissions and unauthorized use of any Materials or Third Party Content contained on the Site may violate applicable laws and regulations. You agree to indemnify and hold Sketch Nation and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Sketch Nation or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
By using the Site, you consent to receiving electronic communications from Sketch Nation. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site. These electronic communications are part of your relationship with Sketch Nation and you receive them as part of your subscription to the
Site. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Sketch Nation is a trademark of Sketch Nation. Other trademarks, names and logos on the Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Sketch Nation, Copyright 2015 Sketch Nation All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor. Sketch Nation will be responsible for any investigation, defense, settlement and discharge of any intellectual property infringement claim based on the Site.
Copyright and Trademark Infringements
Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials through Sketch Nation’s reporting system set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
Notification: Sketch Nation respects the intellectual property rights of others, and we require you to do the same when interfacing with the Site.
Submissions and unauthorized use of any Materials or Third Party Content contained on the Site may violate applicable laws and regulations. You agree to indemnify and hold Sketch Nation and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Sketch Nation or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using
your user name and/or password (including without limitation, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Sketch Nation may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Sketch Nation’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full list of such works at that site.
- 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 at the Site, and information reasonably sufficient to permit Sketch Nation to locate the material.
- Information sufficient to permit Sketch Nation to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- 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 and/or trademark owner, its agent, or the law.
- 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.
- Sketch Nation’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:
Attn: DMCA Administrator
2225 E Bayshore Rd, Palo Alto, CA 94303
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Sketch Nation controls and operates the Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.
These Terms are the entire agreement between you and Sketch Nation and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Sketch Nation about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
These Terms will be governed and interpreted pursuant to the laws of the State of California, United States of America, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of
California in connection with any dispute between you and Sketch Nation arising out of these Terms or pertaining to the subject matter hereof.
You agree that the exclusive venue for any dispute arising out of these Terms or pertaining to the subject matter thereof will be in the state and federal courts in California. You irrevocably waive all rights to bring or participate in any class action suits or claims regarding the matters related hereto. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms, these Terms will govern, unless expressly agreed in writing otherwise by an executive officer of Sketch Nation (i.e., regular employees cannot bind Sketch Nation).
If you have any questions, complaints or claims with respect to the Site, please contact us at:
2225 E Bayshore Rd, Palo Alto, CA 94303