SKETCHL CONTENT SUBMISSION AGREEMENT
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).
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.
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.
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.
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.
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.
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.
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.