Sketchl TV

By submitting your script for voting on the Site (your “Script), you agree to be bound by the terms of this Content Submission Agreement (“CSA”). Please read this CSA carefully because it is a part of the Terms of Use and represents your legally binding agreement with us regarding your Script. Unless defined separately, terms used in this CSA are defined in our Terms of Use.

We have the right to change the terms and conditions of this CSA at any time as described in our Terms of Use. The CSA in effect at the time you submit your Script will apply to that Script. As a result, please read this CSA carefully each time you submit a Script.

Submitting A Script

Each time you upload or submit a Script you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this CSA. Instructions for uploading a Script can be found on the Site’s web page for the upload of Scripts. To be considered for posting and display to the public, a Script must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission which can also be found on the Site’s web page for the upload of Scripts. In order to submit a Script, you must meet our Age Requirements (see Section 2 below).

When you submit a Script, you will be asked to provide information about you and your Script. This may include, without limitation, such things as a descriptive title, some information about the Script, length, contact information including your name, physical address, e-mail address and telephone number and/or similar information. By submitting your Script, you are also agreeing and you understand that the term “Script” as used in the Terms of Use also includes, without limitation, all of the information you submit or we may receive that is related to your Script. Always keep a copy of anything you send because we are not responsible for a lost, damaged, misdirected, unusable or unreadable Script. Proof that you submitted a Script does not constitute proof that we received anything.

Age Requirements

By submitting a Script pursuant to the terms and conditions of this CSA you are certifying that you are 18 years of age or older and reside in the United States of America, its territories or possessions.

Script Standards; Improper Script.

Your Responsibilities. You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. Scripts do not reflect the views of Sketchl, and Sketchl does not represent or guarantee the truthfulness, accuracy, or reliability of any Script, or endorse or support any opinions expressed in any Script. In no event shall Sketchl be construed to have any responsibility or liability for or in connection with any Script. If we determine, in our sole discretion, you have not met the Age Requirements (see Section 2 above) or if, in our judgment, you or any Script you submit violates this CSA or the Terms of Use, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this CSA, the Terms of Use, at law or in equity, to (a) refuse to allow you to submit further Scripts, (b) remove and delete your Script and any previously-submitted Scripts, (c) revoke your registration and right to use the Script Submission Feature and (d) use any technological, legal, operational or other means available to enforce the terms of this CSA and the Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.

No Claim For Particular Purpose. We make no claim any Script is appropriate for any particular purpose or audience, or that any Script may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction.

Content of Script. You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as Sketchl deems appropriate, in its sole discretion, any Script that is or could be construed as violating any of the terms and conditions of this CSA, and/or any of the terms and conditions set forth in our Terms of Use (“Improper Script”), including, without limitation:

infringing on a third party’s copyright, trademark, or other intellectual property rights;

causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Site;

unauthorized access to the information of other users;

the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the Site; or

any requirements, rules, terms or conditions that may be applicable to the Script.

Submission Features.

No Review By Sketchl. Sketchl does not control any submitted Script, although we may use both automated and manual means of reviewing a Script in order to prevent an Improper Script from appearing and being displayed on our Site. Sketchl reserves the right to review any submitted Script and to delete, remove, move, edit or reject, without notice to you, any Script or portion of a Script that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this CSA or to be unacceptable to Sketchl, for any reason or for no reason whatsoever; provided, however, that Sketchl shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If Sketchl receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under United Stated copyright law as outlined in the Terms of Use, we may remove the Script, in whole or in part, associated with such claim. Sketchl reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.

Rights Granted to Sketchl.

General. In connection with the Script you submitted to Sketchl, you grant to Sketchl the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your Script on the Site and through any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of Sketchl (collectively, the “Platforms”), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Sketchl, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to Sketchl, these rights include, without limitation, the right to distribute and synchronize all or any portion of your Script in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your Script; to encrypt, encode and decode, and compress and decompress all or any portion of your Script; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your Script; and to excerpt and/or extract portions of your Script in order to host, store, index, categorize and display your Script on or through the Platforms.

Use of Name. By submitting Script, in addition to the rights, licenses and privileges referred to above, you are also granting Sketchl the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Platforms, and any products, goods, features, functions, capabilities and/or services associated with Sketchl and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your Script, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by Sketchl, without limitation or restriction whatsoever.

Timing of Grant. The rights, licenses and privileges described in this CSA and granted to Sketchl shall commence immediately upon submission of your Script through the Site and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by Sketchl on notice to you. Notwithstanding the foregoing, you acknowledge and agree that Sketchl shall not be required or have any obligation to host, index, display, accept or use any submitted Script (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and Sketchl may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any Script. Once you submit or attempt to submit a Script, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to Sketchl. You are not entitled to and you will not receive any compensation or other consideration for your Script or any use made of your Script once submitted. You also understand and agree that neither all or any portion of your Script, nor any commercial, advertisement, promotional, marketing or other material associated with your Script, need to be submitted for approval by you prior to use.

Release. You hereby release Sketchl from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your Script, including, without limitation, any and all liability for any use or nonuse of the your Script, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. Sketchl has the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your Script and the rights granted to Sketchl hereunder.

Ownership.

Sketchl Owns The Site. Sketchl retains all right, title and interest in and to the Site and all of its associated features, including, without limitation, to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the Site.

You Own The Script. Except for the licenses, authorizations, consents and rights granted hereunder and described in this CSA, as comprehensive and broad as they may seem or actually be, Sketchl acquires no title or ownership rights in or to any Script you submit and nothing in this CSA conveys to us any ownership rights in your Script. Sketchl is acting only as a host, bulletin board or conduit for your submitted Script, with all of the specific rights granted by you hereunder. Although by your submission of any Script you are requesting and directing us to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to exploit the Script through the Platforms), we do not have any obligation to do any of these things.

Your Ownership Obligations. You must own the rights to the Script you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this CSA. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this CSA and perform and comply with all of its obligations. You represent, warrant and covenant to Sketchl and, by submitting Script, you reaffirm each such representation, warranty and covenant, that (a) you are not a minor and you have the legal right and capability to enter into this CSA and perform and comply with all of its terms and condition, (b) all of the information provided by you associated with your Script is correct, complete and current, (c) your submission of any Script does not violate this CSA, the Terms of Use, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, and (d) you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this CSA as described. Upon the request of Sketchl, you will furnish Sketchl any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this CSA, including, without limitation, the foregoing representations, warranties and covenants. You represent and warrant that the submission of your Script is not subject to or under the jurisdiction of any guild or union collective bargaining agreement, and you further acknowledge that Sketchl is not signatory to any such agreement. Notwithstanding anything to the contrary, you also understand and agree that Sketchl shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of the Script.

Third-Party Submission. You acknowledge that other persons may have submitted the Script to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Script or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of Script, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any Script you or anyone else submits, that is purely coincidental and unavoidable.

Financial Consideration.

Sketchl reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Site and its use of the Script and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your Script may be displayed on or otherwise used by or in connection with the Site or through the Platforms.

Disclaimers and Limitation of Liability.

THE SCRIPT SUBMISSION FEATURE ON THE SITE IS PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SCRIPT SUBMISSION FEATURE ON THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR SCRIPT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS CSA AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE. SKETCHL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SITE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.

THE SITE IS MAINTAINED ON SERVERS LOCATED IN THE UNITED STATES INTENDED FOR USERS IN THE UNITED STATES AND USES OF THE SITE THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. SKETCHL DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS CSA OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. SKETCHL EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.

General. This CSA is intended to supplemental the Terms of Use and this CSA, together with the Terms of Use, constitute the entire agreement between you and us relating to the Script and supersedes any prior or inconsistent agreements. Sketchl may terminate this CSA with you at any time without notice to you.