Sketchl TV

SKETCHL, Inc.(“SKETCHL”) provides this website located at www.sketchl.tv (the “Site”). By using the Site, you agree to be bound by these Terms and Conditions of Use (the “Terms of Use”) and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use. These Terms of Use govern your use of the Site and your use of other products or services that may be provided to you by SKETCHL or our Affiliates unless we inform you in a written notice posted on the Site of other terms and conditions that apply to your use of other products and services that may be provided to you by SKETCHL or our Affiliates.

The Site is intended solely for use by people who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 years of age is unauthorized, unlicensed and in violation of these Terms of Use.

By entering the Site, you acknowledge that: (i) you have read and understand these Terms of Use and that you agree to be bound by these Terms of Use, as same may be amended and/or restated from time to time; (ii) you are over the age of eighteen (18) years of age; and (iii) the disclaimer, limitation of liability and indemnification provisions set forth in these Terms of Use are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use the Site, without which agreement SKETCHL would not enter into this agreement or permit you to use the Site. If you do not agree to be bound by these Terms of Use, you are directed immediately to terminate and discontinue your use of the Site.

We reserve the right to amend and/or restate these Terms of Use, any Content Submission Agreement (a “CSA”) or to impose new conditions on use of the Site, from time to time, in which case we will post the amended and/or restated Terms of Use or CSA on the Site. SKETCHL may not necessarily provide you with notice of any amendment and/or restatement to these Terms of Use or any CSA, other than posting the amended and/or restated Terms of Use and/or CSA (as applicable) on the Site. By continuing to use the Site after we post any such amended and/or restated Terms of Use and/or CSA, you accept the Terms of Use and/or CSA, as amended and/or restated. These Terms of Use and any CSA, each as amended and/or restated from time to time, form a legally binding agreement between you and SKETCHL in relation to your use of the Site and the services SKETCHL provides to you. It is important that you take the time to read them carefully.

Notwithstanding anything to the contrary in these Terms of Use, if you submit User Content to the Site and you “click through” a CSA in order to submit such User Content (“CSA Subject Content”) then: (1) the CSA that you “clicked through” in connection with such submission will apply to that submission; and (2) if you submit a revision, modification or change to such CSA Subject Content, the last CSA that was “clicked through” in connection with such CSA Subject Content will apply to all versions of the CSA Subject Content that have been submitted to the Site. CSAs that have been entered into by “clicking through” them in connection with submissions of CSA Subject Content cannot be amended and/or restated by SKETCHL by simply posting an amended and/or restated CSA on the Site.

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.

Our Responsibilities

General License. The Site and all the materials (including without limitation, text, news, information, music, audio, photos, videos, other images and content) available on the Site, with the exception of User Content (as defined below), are SKETCHL’s property or the property of SKETCHL’s parents, subsidiaries, affiliated companies, officers, directors, managers, controlling persons, equity owners, representatives, agents, licensors, successors and/ or assigns (collectively, the “Affiliates”), and are protected by copyright, trademark, and/or other intellectual property laws. The Site is provided solely for your personal noncommercial use, subject to the provisions of these Terms of Use.

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.

Services, Data and Privacy. We will not sell, share, trade, rent, distribute or otherwise disclose personal information provided by you to any third party except as set forth in our Privacy Policy.

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:

SKETCHL, Inc.
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 Responsibilities

Account. In order to access some features of the Site, you will be required to create an account. You may never use some else’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SKETCHL immediately of any breach of security or unauthorized use of your account, and ensure that you exit from your account at the end of each session. Although SKETCHL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SKETCHL or others due to such unauthorized use. In addition, SKETCHL reserves the right to immediately terminate your account, without notice to you, for any violation of these Terms of Use.

User Content. Subject to these Terms of Use and, if appropriate, a CSA, you may post comments, feedback, scripts, revisions to scripts, modifications to scripts, changes to scripts, identifying information and other content (“User Content”) to the Site. The foregoing notwithstanding, in no event may any user post User Content that: (i) is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; and/or (ii) consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your User Content. You may not post, transmit, or share content on the Site that you did not create or that you do not have the right to post, transmit or share. SKETCHL reserves the right (but not the obligation) to remove or edit such User Content.

Non-Infringement. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of the copyright, trademark or other intellectual property rights owned by SKETCHL or our Affiliates or in a manner that has not been authorized by SKETCHL. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, rent, license, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. Nothing in these Terms of Use gives you a right to use any of our trademarks, service marks, logos, domain names, and other distinctive features. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices that appear on those pages. Information about requesting permission to reproduce or distribute materials from the Site can be found here.

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.

No Monitoring. You understand that SKETCHL has no obligation to monitor the Site and/or any bulletin boards, chat rooms, web logs, or other areas of the Site through which users can supply information or material. However, SKETCHL reserves the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.

Denial of Access. We reserve the right to deny access to the Site or any features of the Site to anyone who we determine, in our sole disrection, has violated these Terms of Use or has interfered with the ability of others to enjoy the Site or infringes the rights of others.

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.)

LIMITATION OF LIABILITY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SKETCHL AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER AND SKETCHL AND ITS AFFILIATES ARE NOT LIABLE TO YOU FOR ANY FAILURES OF SERVICES AT ANY TIME OR FOR ANY LENGTH OF TIME. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS AS SET FORTH IN THIS SECTION 3.

LIMITATIONS OF ACTIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE OR OF YOUR USE OF THE SITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED.

LIMITATION OF RECOVERY. SKETCHL’s aggregate liability to you on any and all claims or actions whatsoever under or relating to the Site and these Terms of Use, if any, shall be limited to the total fees, if any, paid by you to SKETCHL for the twelve (12) month period preceding the time the claim of action is brought to SKETCHL’s attention or five hundred dollars ($500), whichever is less.

DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF USE, SKETCHL MAKES NO WARRANTIES REGARDING THE SITE, ITS SERVICES OR INFORMATION COLLECTED FOR OR PROVIDED TO ANY USER IN CONNECTION WITH THE SITE AND/OR UNDER THESE TERMS OF USE. SKETCHL DISCLAIMS AND YOU HEREBY WAIVE ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO ANY SERVICES PROVIDED TO YOU IN CONNECTION WITH THE SITE AND/OR UNDER THESE TERMS OF USE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SKETCHL DOES NOT WARRANT THAT THE SITE OR SKETCHL’S SERVICES WILL ACHIEVE ANY SPECIFIC RESULTS, OPERATE WITHOUT INTERRUPTION OR ERROR, OR BE SECURE FROM TAMPERING, THEFT, DESTRUCTION FROM CYBER CRIMINALS, HACKERS OR COMPUTER VIRUSES.

General Provisions.

Assigns. These Terms of Use shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

Dispute Resolution. Any controversy or claim arising out of, or relating to, the Site and/or these Terms of Use, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in New York, New York. SKETCHL and you shall select an arbitrator from a list provided by the American Arbitration Association that is mutually satisfactory to them. If SKETCHL and you are unable to agree on an arbitrator, SKETCHL and you shall each choose an arbitrator from a list provided by the American Arbitration Association. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them from the list provided by the American Arbitration Association. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Governing Law. These Terms of Use shall be governed by and construed under and pursuant to the laws of the State of New York applicable to contracts made and to be performed entirely within such State without regard to New York’s conflicts of laws principles which would require the application of the laws of any other jurisdiction. Any and all legal action or proceeding concerning any dispute arising in connection with the Site and/or under or in connection with these Terms of Use shall be filed and maintained only in a state or federal court located in the County of New York, New York.

Independent Contractors. The parties bear the relationship to each other of independent contractors, and nothing in these Terms of Use shall be deemed to create an employment, partnership, joint venture, or agency relationship between them, nor shall either party have the power or authority by virtue of these Terms of Use to bind the other.

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.

Force Majeure. Neither SKETCHL (or any of its Affiliates) or you will incur any liability to the other for any loss or damage resulting from the other party’s delay or failure to perform any obligations under these Terms of Use, other than a payment obligation, if such delay or failure is caused by events or causes beyond the control and without negligence of the parties, including, but not limited to, acts of God, acts of any government, terrorism, war or other hostility, the elements, earthquakes, fires, explosions, power failures, equipment failures, industrial or labor disputes, riots, strikes, lockouts, and the like.

Severability/Waiver. In the event that any provision of these Terms of Use shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of these Terms of Use 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. The forbearance by SKETCHL or you in enforcing any provision of these Terms of Use or the acceptance of any payment after breach shall not constitute a waiver of the breach or of the right to insist upon compliance with such provision at a later time.

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Integrated Agreement. Unless modified by a CSA, these Terms of Use contains the entire agreement of SKETCHL and you with respect to its subject matter, and it supersedes all prior and contemporaneous agreements, representations, warranties, and understandings of the parties regarding the same matter.