SKETCHL TERMS AND CONDITIONS OF USE
Purpose of Site. The Site is intended to allow comedy writers and fans of comedy to watch, network, collaborate, create, and rank comedic writing. The Site is not intended to provide management advice to writers, and your use of the Site in any capacity does not create an agency relationship between you and SKETCHL.
Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your or another website by SKETCHL. However, you may not, without SKETCHL’s prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Copyrighted Material – Alleged Infringement. SKETCHL will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
How To File a Notification:
A written notification must be made. If you believe that a copyright has been infringed upon, please provide SKETCHL with a written, signed notification by certified mail and electronic mail sent to:
Attn: DMCA Notification
242 Adelphi St., Apt. 4
Brooklyn, NY 11205
Electronic Mail: DMCA-Notification@SKETCHL.tv.
The notification must include: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing 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; (iii) information reasonably sufficient to permit SKETCHL to contact you, such as an address, telephone number, and, if available, an electronic mail address; (iv) 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 (v) a statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed. Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement.
Your License to SKETCHL. In consideration of using the Site, including submitting or posting User Content (including, without limitation, photos, audio, videos, data, text, software and other content), voting, networking, providing feedback to SKETCHL via the Site, you are representing: (i) that you are of legal age to form a contract (and in all events older than 18 years) and not barred under any law from using the Site or receiving services; (ii) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material or intellectual property or proprietary rights contained in or conveyed by the material; and (iii) that the material you provide will not infringe on any third party’s intellectual property, proprietary or privacy rights. In addition, except as otherwise set forth in a CSA, when you submit or post any material (including User Content), you are granting to SKETCHL, and anyone authorized by SKETCHL, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such material (including User Content), including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant SKETCHL, and anyone authorized by SKETCHL, the right to identify you as the author of any of your postings or submissions by name, email address and/or screen name, as we deem appropriate or necessary.
Manner of Conduct. You understand that except for in connection with an applicable CSA, the Site is available for your personal and non-commercial use only. You may not use any robot, spider or other automatic device or manual process to screen scrape, monitor, mime, mine or copy any of the web pages of the Site or any content contained within the Site. You represent, warrant, covenant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on the Site will: (i) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or (ii) contain libelous, defamatory or otherwise unlawful material. You shall not use or distribute pirated or unauthorized content, photographs, products or information.
In addition, you agree not to:
use the Site harvest or collect email addresses or other contact information;
use the Site to advertise or solicit anyone to buy or sell products or services, or to make donations of any kind, without SKETCHL’s express written approval;
use the Site in any unlawful manner (including, without limitation, taking any action to upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law);
use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person or entity;
use the Site in any other manner that could damage, disable, overburden or impair the Site;
restrict or inhibit any other user from using and enjoying the services or features of the Site;
use the Site to upload, post, transmit, share, store or otherwise make available any content that could be deemed harmful, threatening, unlawful, defamatory, infringing, libelous, hateful, racist, bigoted, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
post material that you do not have the right to transmit under any applicable law or contractual relationship;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation;
use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
attempt to gain access to those portions of the Site that are private to other users or SKETCHL;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, or through the Site;
violate any applicable foreign, federal, state or local law, regulation or rule;
use the Site to intimidate, stalk or harass others;
use the Site to promote or provide instructions or otherwise engage in the proliferation of instructions about how to engage in illegal conduct or activities, any illegal act or physical harm or injury to others; harm or threaten to harm minors in any way;
use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
use the Site to upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
gain, or attempt to gain, unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means.
You Are Responsible For Your Actions. The Site may include a variety of services and features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to SKETCHL and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each individual user as described above. You alone are responsible for the material, including, without limitation, User Content, that you post or send. We do not control the messages, information or files that you or others may provide through the Site.
Indemnification./Limitation of Liability
LIMITATION OF DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SKETCHL OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION, OR ANY LOSS OF DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
Marks. The marks “SKETCHL” and “SKETCHL.TV” are owned by SKETCHL, Inc., and may not be used in connection with any third-party marks, names, products, services or otherwise. All other marks and names (including third-party product marks and names) are the property of their respective owners.