First Published: November 7, 2023
Last Updated: N/A
The provisions set forth in these terms (these “Terms of Use”) constitute a binding, legal agreement between SketchLinks, LLC, a California limited liability company (hereafter referred to as “SketchLinks” or by any variation of the pronoun “we”), and each person (“you” or “User”) who accesses, visits or otherwise uses our website having the address “sketchlinks.com” and/or any other website owned or controlled by us (collectively, the “Site”). We reserve the right (but disclaim any obligation) to update, add to, delete from, or otherwise amend or modify these Terms of Use at any time and from time to time without prior notice. Accordingly, you agree also to review these Terms of Use whenever you access, visit or otherwise use any portion of the Site.
You Accept These Terms
It is a condition to using or visiting the Site, to receiving any of our services, and to communicating or providing information to us via the Site that you read all sections hereof whether you believe it is of interest to you or not. If these Terms of Use are at any time not acceptable to you, your only recourse is to cease forever using the Site; and any subsequent visit will constitute unconditional acceptance hereof and all other conditions to the use of the Site. Your accessing or other use of the Site constitutes your promise to us to agree to and be bound by these Terms of Use, and constitutes your further agreement and acknowledgment that we are relying and shall rely on such promise and that such reliance is reasonable. We may deny you access to the Site, if in our sole judgment you fail to comply with any provision hereof.
We provide the Site, and through the Site facilitate services made available to you, on condition of your agreement and promise of compliance with all provisions included in these Terms of Use or that are referenced herein. In addition, it is a condition to your use of the Site that you read, agree to an comply with our Privacy Policy and any other agreement, terms, or conditions we may publish on the Site in connection with visiting or using the Site, registering an account, requesting or receiving any services, or otherwise. Collectively, we may refer to these Terms of Use, the Privacy Policy, and such other terms and conditions, as the “Documentation.” Each time that you access or use the Site, register, create, and update a user account, request or receive any services, or otherwise visit or use the Site, you are ratifying all prior agreements with and consent to our Documentation, are agreeing and consenting anew with and to all Documentation then in effect, and are promising to comply therewith without condition or exception. You are also acknowledging that we are relying on your promise, and that our reliance is reasonable, and that if you break your promise, it will have a detrimental impact on us. For convenience, these Terms of Use include certain words or phrases that are given special definitions. This is indicated by putting such word or phrase in quotes (often within parentheses) where it is first defined in various places throughout these Terms of Use or elsewhere on the Site.
You acknowledge that you have no right or entitlement to use the Site, or to require us to continue to operate or maintain the Site or provide any services, or to open or maintain a user account, or to require us to keep these Terms of Use unmodified, or to require us to modify these Terms of Use, or to otherwise have any voice in how we own, operate, manage, maintain or otherwise conduct the Site or any other aspect of our business. You understand and accept that temporary or permanent interruptions of the Site or of our services may occur as normal or anomalous events from any number of causes. You also understand and accept that you will have no remedy as against us or any affiliated person of ours for such an occurrence regardless of the circumstances or of the impact on you.
You Accept Changes to These Terms
We may add to, delete from or otherwise modify or change these Terms of Use in any respect from time to time or at any time, if and as we determine in our sole discretion, and without notice to you. All such changes are effective immediately when we post them (unless they expressly provide otherwise). Such changes will apply to any and all use of the Site and use of any licensed property of ours we may make available, and any request for or receipt of our services. You agree that any time you visit the Site; register an account with us or submit registration data; create or access or update a user account; request or receive any of our services; use any licensed property of ours or other Site-accessible property of ours; provide any Feedback (defined below) or other content or information; and/or otherwise use the Site (collectively, such actions may be referred to herein as “using the Site,” “visiting the Site” or “accessing the Site,” and similar phrases), the same will constitute your representation to us that you have reviewed these Terms of Use and all other Documentation anew.
Following any change to these Terms of Use, if you continue visiting the Site, the same will mean that you accept and agree to the changes without condition or exception. If any such changes are not acceptable to you, your sole remedy is to cease participating in the services and otherwise using the Site and, if applicable, to cancel your account. If we do ever change these Terms of Use, we will endeavor to indicate the most recent effective date hereof, but if we do not indicate a date, or if we fail to update a date that was previously indicated, after making any such change, you agree that you will still be responsible for complying with these Terms of Use as so changed to the greatest extent not prohibited by law.
Prohibited Uses
The Site may be accessed, a user account created, and our services used for lawful purposes only and consistent with the purposes of the Site as provided for in these Terms of Use. You agree to comply with and abide by not only these Terms of Use but also all applicable laws in connection therewith. Without limiting the generality of the preceding or anything else herein, you agree that you will not do any of the following: (a) include or use any false or inaccurate information in any User account; (b) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (whether lawful or unlawful), as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or our services, or interfere with the access of any other User to the Site or our services; (c) circumvent, disable or otherwise interfere with security related features of the Site or our services or any features that prevent or restrict use or copying of any of Our Content; (d) use any meta tags or other hidden text or metadata utilizing our name, trademark, URL, web address, or product or service names; (e) use manual or automated software, devices, scripts, robots, other means or processes to access, scrape, crawl, spider or otherwise similarly access any web pages contained in the Site or our services; (f) attempt to or actually use, receive or participate in our services by any means other than through the Site unless we express permit the same; (g) attempt to probe, scan or test the vulnerability of the Site or our system or network, or breach or impair or circumvent any security or authentication measures protecting the Site, or our services or other aspects of our business; (h) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code of any application, feature or function used in or in connection with the Site, our services, our licensed property or other Internet-accessible property of ours; (i) use or access the Site or use, request or receive our services, or use our licensed or other property in any way that competes with us; (j) encourage, instruct, or assist any other individual to do any of the foregoing; and/or (k) take any other action or do any other thing which, although not expressly proscribed herein, is nevertheless violative of the nature, purpose, and/or spirit of these restrictions in our sole determination.
Our Content (defined below) and all other property of ours and property used by us or that may be owned by an affiliated person of ours or a third-party licensor is protected by law. You may not remove, alter or obscure any of Our Content or other property used by us, or any notices related thereto that may be included in or accompany the Site or the services. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or the services, except as expressly permitted herein. Any feedback, comments and suggestions you may provide for improvements to the Site or services (“Feedback”) will be the sole and exclusive property of SketchLinks and you hereby irrevocably assign to SketchLinks all of your right, title, and interest in and to all Feedback in exchange for your limited and conditioned license to use the Site in accordance with these Terms of Use and without the need for any further consideration.
No Pornography or Unlawful or Outrageous Content or Discriminatory Behavior
Without limiting the generality of anything else herein, Your Content (defined below) and any other submission by you of any other content and your use of the Site or receipt or offering of or participation in any services or goods (including creating, offering, moderating, or otherwise participating in and/or affiliation with User Groups (as defined below), Group Events (as defined below), Public Events (as defined below), or other thing) will in all cases not include, contain, condone, involve, rely on, promote, incorporate, or refer or link to, any unlawful conduct, pornography, discrimination of any Protected Person (as defined below), or other outrageous or grossly inappropriate thing. For these purposes: (a) the word “pornography” means any photographic, animated, sculptural, pictorial, written, audial, visual or other depiction or description of, or sensory or other reference to, the human body for the purpose of erotic or sexual stimulation or arousal or other prurient intent, and without adding any reasonably inferable and meaningful value to cultural, artistic, political, religious, scientific, literary, or societal development or expression, as we believe to have been determined by law or to be understood as such by commonly accepted community standards, taken as a whole, as then in effect or existing in the locus of our principal place of business; (b) the phrase “outrageous or grossly inappropriate thing” means a thing which we believe would be of such a kind as to shock the conscience of and deeply offend a reasonable member of the community, taken as a whole, in which we then have our principal place of business, and to be without any reasonably inferable and meaningful value to cultural, artistic, political, religious, scientific, literary, or societal development or expression to such community member; and (c) the phrase “discriminatory behavior” means any behavior, action, words (whether spoke or written), or other thing that discriminates against any person based on such person’s race, ethnicity, country of origin, gender, religious beliefs or practices, disability, and/or sexual orientation, and, to the extent not covered by the foregoing, such person’s membership in any legally protected class of persons.
Your Account, Site Access, and Account Security
The Site is available only to Users who are at least 18 years old. By registering an account on the Site or otherwise receiving our services, you represent that you are at least 18 years old. Your use of the Site, access to your account, and receipt of our services is pursuant to a license granted by us to you; such license is limited, non-exclusive, revocable, non-sublicensable, and non-transferable. Such use and the grant of such license are subject to your compliance with these Terms of Use, as the same may be amended or otherwise modified from time to time and at any time, as provided herein.
We may modify, restrict, suspend, terminate, or forbid your account or access to our Site if, in our sole discretion, we determine that you have violated these Terms of Use or other Documentation or that doing so would be in the best interest of our online community, or to protect the Site, our brand, or our reputation. If we do so, we reserve the right (but disclaim any obligation) to notify you of our reasons for doing so. We also may remove accounts of members who are inactive for an extended period of time.
When you register an account on the Site, you provide us with some basic information, including an email address and a password, and possibly other PII (as the term, “PII,” is defined in our Privacy Policy). You agree to your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain account and password security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, contact us as indicated below under the heading, “Contact Us.”
Community Conduct in General
In addition to other specific provisions of these Terms of Use pertaining to User conduct and content, as a general matter, you agree to conduct your activities on the Site (including uploading Your Content and on-Site communications) in a manner that is consistent with the goal of the Site to be an edifying, supportive, and positive online community. You understand that, while we will do our best to ensure such a positive environment, and while we may investigate complaints about User conduct, we are not obligated to undertake such an investigation or to take any action with respect to any User’s conduct or content; and we make no representations or warranties concerning the conduct or Content of any Users or their interactions with you, either on the Site or IRL (defined below). SketchLinks does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members anywhere on the Site. As used in these Terms of Use, the term “IRL” (short for “in real life”) means any activity, event, interaction, transaction, meeting, communication or other exchange of any kind that occurs other than on or by means of the Site involving a User and any other person.
Fees, Payments, and Offers
We do not currently offer any paid subscription model services for the Site. However, to the extent that this changes, we will notify you by means of a notice placed on the Site.
Your Artwork
We make the Site available in order to, among other things, facilitate a mutually supportive online community of artists, and to allow artists to share their own artwork and discussion on the Site and general contribution to the SketchLinks online community, to share resources that specifically help other artists improve their artistic skillset, to organize art-related groups and to share or organize art-related events. To that end, Your Content posted on Site must only be art-related content. Furthermore, we provide a feature by which Users may comment on artwork published on the Site by other Users, and by which other Users may comment on your own artwork that you publish on the Site (“Your Artwork”). You promise that any comments you make on the Site about any artwork published on the Site will be appropriate, constructive, and consistent with the positive community-based purposes of the Site. While this does not mean you must avoid constructive criticism or honest assessments or sharing opinions from personal taste, it does mean that you must do so in a manner that does not or would not reasonably be expected to be viewed or taken by a reasonable person as insulting, abusive, belittling, marginalizing, or personally disparaging, or otherwise disrespectful. SketchLinks shall be the final arbiter concerning the question whether something posted on the Site violates these or other similar community standards.
In order for us to operate, improve, promote, and protect the Site and our services as we determine to be best, you hereby grant us the right and license to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, Your Artwork. This license permits us, among other things, to keep Your Artwork on the Site even after your account is terminated or you otherwise cease to use the Site or access your account. Such right and license is non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable, and includes a waiver of any moral rights inherent in, related to, arising out of, or otherwise connected with Your Content which you might otherwise enforce against SketchLinks. Nothing in these Terms of Use shall be construed to transfer Digital Ownership in Your Artwork to SketchLinks merely by virtue of publishing Your Artwork on the Site other than as is expressly provided for herein.
Generative Artificial Intelligence
Notwithstanding anything herein to the contrary, we will not give, sell, license, or otherwise share Your Content to or with any third party for purposes of using Your Content for any training of, or any input into, any generative artificial intelligence learning model.
Art-Related Resources
The Site may include one or more pages featuring links to art-related resources for sale or other use on third-party websites (“Resources”). Users may add Resources to Resources page(s). Once added to the Site, a Resource may not be deleted other than by SketchLinks. However, Users may be granted collaborative edit rights to ensure the accuracy of listed Resources. We will track, record, and retain all posting and edit history related to a Resource, including User identification. Misuse of the edit feature will subject the User to being removed from the Site. All posted Resources must be art-related and must comply with these Terms of Use, including the provisions of these Terms of Use pertaining to community conduct and outrageous content. SketchLinks reserves the right (but disclaims all responsibility) in its sole discretion to determine whether a Resource is permissible and to modify its determining criteria from time to time.
Permissible Resource types will be indicated on the Resources page(s), and may change from time to time as we determine, but generally are anticipated to include links to books, videos, courses, blogs, articles, artwork, news, and other art-related resources. Consistent with these Terms of Use, Users may add Resources to the Resources page(s). Resources must include an appropriate name, an active link to the Resource, and selected filters associated with the Resource. Such filters may change from time to time as we determine, but generally are anticipated to include Resource type, medium, author, topics, and supplies.
See the section below entitled, Amazon and Other Third-Party Affiliate Programs Disclosure.
Public Events
The Site may include one or more pages promoting public events, such as museum openings, gallery openings, art shows, and other public, art-related events. (“Public Events”). Users may add links to Public Events to the public-facing Public Events list. All Public Events must include such information as we may from time to time require, but generally can be expected to include the country, state or province or region, and city as filters to assist Users in locating events of interest to them. No Users other than the User who posts a Public Event will be able to edit or remove the event (that is, there will be no collaborative editing as there may be for Resources). We will track, record, and retain all posting and edit history related to a Public Events, including User identification. All posted Public Events must be art-related and comply with these Terms of Use, including the provisions pertaining to community conduct and outrageous content. SketchLinks reserves the right in its sole discretion (but disclaims all responsibility) to determine whether a Public Event posting is permissible, modify its determining criteria from time to time, and remove any Public Event at any time. We will endeavor to show Public Events times and dates in the time zone where the Public Event will occur; however, we do not guarantee that any such time or date is accurate. You should do your own research to ensure your travel plans are consistent with the schedule of such event.
SketchLinks does not endorse any Public Event, even if we post a Public Event that we think may be of interest to you. You agree that you alone are responsible for determining whether to attend any Public Event, and for your conduct at such an event, and for your health and safety at any such event. You agree to exercise sound judgment in determining whether to attend any Public Event and to exercise such situational awareness at any such event as you determine to be appropriate, and (as between you and us) you alone assume sole responsibility for your health and safety at any such event which you attend.
User Groups
We allow Users to create on-Site User groups to build smaller communities within the broader SketchLinks online community (“User Groups”). The creator of the User Group will have the responsibility to set the criteria by which admission to the group is determined, and to administer and moderate the group (unless another User is invited by the group creator to have moderator or administrator rights). User Groups can be used to further any purpose not inconsistent with these Terms of Use, such as organizing private art-related events, organizing public art-related events, sharing art-related resources, sharing artwork, sending private direct messages to other group members related to art, and other things related to art. All User Group activity must otherwise comply with these Terms of Use, including the provisions pertaining to community conduct and outrageous content. In creating, administering, and moderating their User Groups, group creators and moderators are responsible for setting their own rules consistent with these Terms of Use, as well as for ensuring that members of their groups abide by these Terms of Use, and for removing a User from their group if such User’s behavior warrants removal.
SketchLinks does not endorse any User Group, even if we create a User Group that we think may be of interest to you. You agree that you alone are responsible for determining whether to join any User Group, and whether to participate in any event or activity or communication of or related to any User Group.
SketchLinks reserves the right (but disclaims any responsibility) to audit or investigate posted User Groups and any event, activity, or communication in which any members of a User Group participate. You expressly waive any right you may ever have to initiate, participate in, facilitate, or assist in any legal action against us concerning any User Group or any such event, activity, or communication.
You agree that you alone are responsible for your conduct and for your health and safety at any event, activity, or communication arising out of, related to, or in any way connected with any User Group. You alone assume sole responsibility for your health and safety at any such event or activity. You understand the benefit of exercising, and agree to exercise, sound judgment in determining whether to attend or participate in any such event, activity, or communication, and you agree to exercise such situational awareness as you determine to be appropriate.
SketchLinks will have access to all User Group activity, including any group postings and direct messages sent between or among members of the group. In order to ensure that all User Groups relate solely and exclusively to art and to ensure compliance with these Terms of Use, SketchLinks reserves the right to track, record, and retain all User activity in User Groups. SketchLinks reserves the right to terminate a User Group that is not in compliance with these Terms of Use. All Users admitted to a User Group must comply with both these Terms of Use and the rules established for such group. SketchLinks reserves the right (but disclaims all responsibility) in its sole discretion to determine whether a User Group is permissible, to modify its determining criteria from time to time, and to remove any User Group at any time.
Group Events
The Site allows group moderators to organize art-related events for their group (“Group Events”). A Group Event may be accessible only to Group Members or it may be publicly available to users who are not members of the group. All Group Events must include such information as we may from time to time require, but generally can be expected to include the country, state or province or region, and city as filters to assist Users in locating events of interest to them. No Users other than the Group Moderator has the ability to create or remove a Group Event. A Group Moderator may allow other group members to edit event details. We will track, record, and retain all posting and edit history related to a Group Event, including User identification. All posted Group Events (whether visible to group members only or to the general public) must be art-related and comply with these Terms of Use, including the provisions pertaining to community conduct and outrageous content. SketchLinks reserves the right in its sole discretion (but disclaims all responsibility) to determine whether a Group Event posting is permissible, modify its determining criteria from time to time, and remove any Group Event at any time. We will endeavor to show Group Event times and dates in the time zone where the Group Event will occur; however, we do not guarantee that any such time or date is accurate. You should do your own research to ensure your travel plans are consistent with the schedule of such event.
SketchLinks does not endorse any Group Event, even if we post a Group Event that we think may be of interest to you. You agree that you alone are responsible for determining whether to attend any Group Event, and for your conduct at such an event, and for your health and safety at any such event. You agree to exercise sound judgment in determining whether to attend any Public Event and to exercise such situational awareness at any such event as you determine to be appropriate, and (as between you and us) you alone assume sole responsibility for your health and safety at any such event which you attend.
Certain Disclaimers
Without limiting the generality of anything in these Terms of Use, you understand and agree that:
· we do not—and we hereby expressly disclaim any duty to—conduct background checks, or to require Users or advertisers to conduct background checks, on any Users, Resources, Public Events, Groups, Group Events advertisers or other persons or events or activities posted on the Site, whether or not they have registered any accounts on the Site; and
· we do not—and we hereby expressly disclaim any duty to—verify or attempt to verify the truth or accuracy of any statements made by any Users, Resources, Public Events, Groups, Group Events, advertisers, or other persons or events or activities posted on the Site, whether or not they have registered any accounts on the Site; and
· we make no—and we hereby expressly disclaim any and all—representations and/or warranties concerning the conduct or content of any other Users or their online or IRL interactions with you;
· User posts or activity that involve the sale of artwork or other service or good are not under our control, and we do not and cannot control any aspect of any transaction between you and any other User, and we are not responsible for it and expressly disclaim any and all responsibility therefor; and
· User Groups, Group Events, Public Events, and other IRL activities that involve meeting other Users or other people in person have the potential to lead to unexpected and possibly dangerous (including life-threatening) situations, and we do not and cannot control what happens in any such event, and we are not responsible for it and expressly disclaim any and all responsibility therefor; and
· we expressly disclaim any and all responsibility to audit Groups, Resources, Group Events, Public Events or other site content posted by Users and any and all responsibility for any Groups, Resources, Group Event, Public Event or other such content that you may find inappropriate or offensive or otherwise objectionable, and you expressly waive any right you may ever have to initiate or participate or facilitate or assist in any legal action against us concerning any Groups, Resources, Group Event, Public event, or other such content.
Data Collection
We capture data and information derived from your use of the Site, including: pages you visit on the Site; User Groups you create, administer, belong to, or visit; direct mail or message communications using our platform between and among Users; advertisements and other third-party links you click on; your User settings; and your PII. Collection and use of your PII and other date is subject to applicable law, our Privacy Policy, and applicable provisions of these Terms of Use and other Documentation.
Advertisers
Any person, including Users, who wants to advertise on the Site must contact SketchLinks for rates and for our advertising terms and conditions.
Advertisements
Part of what makes the Site possible is our relationship with third-party advertisers. Such advertisements may be placed throughout the Site, including in your profile and account information pages, as well as in emails that we send to our Users, including members of User Groups. However, sharing of any PII (as defined in our Privacy Policy) or other information about you with advertisers will be strictly governed by our Privacy Policy, which you can read here. User information that is not PII may be shared with advertisers or persons providing web assistance to us on an anonymized basis.
We may permit geo-targeted advertising. This means that advertisers will be allowed by us to direct their ads to Users located (based on your User settings, which you will be able to change, add to, or remove at your discretion, subject to certain restrictions that may be required by law or for purposes of our Site administration and business needs) in the advertisers’ respective geographical territories. For example, a local art store might pay for their ads to be viewable by Users who are located within a given radius of the store’s location. Other advertisers might pay for their ads to be viewable by all Users.
We may permit advertising based on profiles developed using a User’s saved Resources. This means that advertisers will be allowed by us to direct their ads to Users based on your saved Resources that have specific filters associated with those Resources. For example, an art instructor may want to target ads for an online watercolor workshop to Users who have an interest in watercolor. Such an ad could be targeted to only Users with Saved Resources that have the “watercolor” filter. A User can modify or delete their saved Resources at any time. Sharing of any PII (as defined in our Privacy Policy) or other information about you with advertisers will be strictly governed by our Privacy Policy, which you can read here. User information that is not PII may be shared with advertisers or persons providing web assistance to us on an anonymized basis.
Amazon and Other Third-Party Affiliate Programs Disclosure
SketchLinks reserves the right to replace third-party links to posted Resources with Amazon Affiliate links or other similar third-party links with similar sales affiliate programs where such Resources that lead to purchases by Users result in SketchLinks earning commissions. You agree that you have no right to share in any such commissions and no right to otherwise earn your own commissions via the Site without our express written consent, which we may withhold in our sole discretion for any reason or no reason.
Your Waiver & Release of SketchLinks
You acknowledge that User Groups, direct mail communications with other Users on our platform, Public Events, Group Events and other IRL activities, and purchases of goods or services may carry inherent risks, such as the risk of illness, bodily injury, disability, or death. By participating in any such User Groups, Public Events, Group Events, and other IRL activities, you thereby freely and voluntarily assume all risks (known and unknown and foreseeable and unforeseeable to any person) of doing so.
To the greatest extent permitted by applicable law, you hereby irrevocably and without condition or exception agree to release SketchLinks and all of our affiliated persons (“Releasees”) from any and all losses, costs, expenses, damages, claims, actions, demands, obligations, liabilities of any and every kind (“Losses”), arising out of, related to, or in any way connected with any User Groups, Public Events, Group Events or other IRL activities, transactions, relationships or arrangements you may ever have with any other User, advertiser, or other third party, including in connection with any User Groups, Group Events or Public Events.
These provisions are intended to be effective as a general release of and bar to all Losses and other claims as stated herein. Accordingly, you specifically waive all rights under California Civil Code Section 1542 (and/or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law) which states, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
You acknowledge that you may later discover claims or facts in addition to or different from those which you now know or believe to exist with regards to the subject matter of these release provisions, and which, if known or suspected at the time of agreeing to these Terms of Use (including these release provisions), may have materially affected the same. Nevertheless, you waive any and all claims and rights of every kind and nature that might arise as a result of such different or additional claims or facts.
Ownership
Your access to or other use of the Site, in any form or manner, and our consent thereto, shall not be deemed to give you any current or continuing or future right to access or otherwise use the Site, or any right, title or interest in or to Our Content. “Our Content” means: the Site, the domain name/s of the Site; the “look and feel,” design and content of the Site and the Site user interface, and the functionality of the Site; all information processing and rendering systems, source code, object code and any other code; all content included in the Site, including (but not limited to) text, videos, audio recordings, and images of any kind or nature, sounds, images, designs, videos and other content used in connection with our Site; our Intellectual Property (defined below); all so-called moral rights, goodwill, results and proceeds, and any other kind of right or interest that is associated with or symbolized by or that flows or derives from any of Our Content or other property; and every other thing which under these Terms of Use is or becomes our property, including but not limited to all Feedback. “Our Content” also includes, without limitation, any of the foregoing which, as between SketchLinks and any affiliated person of ours or any third-party licensor, is the property of such affiliated person or licensor and is used by us with permission. “Intellectual Property” means trademarks, service marks, trade names, product and service names and slogans and all related words, names, symbols, devices, logos and similar iterations or variations thereof; and all patents, copyrights, moral rights and other intellectual and property rights of any kind or nature (including, but not limited to, any applications for, or claims or rights to any of the same).
The Site and Our Content are solely for your limited use in accordance with these Terms of Use, any applicable license, the Privacy Policy, and any other applicable Documentation. You may download or copy Our Content and other downloadable materials displayed on the Site only for permitted use thereof and only to the extent provided in the Documentation. However, in no event shall any such download or copy be deemed to transfer to you any right, title or interest in or to the Site or any Content. Except, and then only to the limited extent expressly permitted otherwise by a writing signed or published by us, you shall have no right to, and you shall not, reproduce, publish or display in any forum, distribute by any means, or alter in any manner the Site or any of Our Content. You have no right to, and you shall not, create any derivative works from any of Our Content or otherwise treat Our Content in any manner inconsistent with our ownership thereof except as expressly permitted in the Documentation.
You represent to us that (a) any and all information, photographs, designs, drawings, images, schematics, plans, diagrams, audio recordings, video recordings, and/or other things you may from time to time provide us via, or upload to your account on, the Site or otherwise (“Your Content”) are either your sole and exclusive property or that you otherwise have obtained all necessary consents to provide Your Content to us for purposes related to your use of the Site, to your receipt of our services, or otherwise to our business; and (b) Your Content will be free of any and all disabling devices, bugs, viruses, adware, bots, bugs, rootkits, spyware, Trojan horses, worms, or other malware or anything else that can be disruptive or harmful (collectively, and defined as broadly as possible, “Malware”) to our Site or any other website or any software or firmware, any computer, mobile phone, tablet, or other device or technology. If you breach the foregoing, you will defend, indemnify and hold harmless us and all of our affiliated persons in full for any and all losses, costs, expenses, damages, liabilities and other obligations of every kind that we or our affiliates may suffer or incur (including without limitation attorneys’ fees) as a result thereof; and you agree to advance to us all such indemnifiable attorneys’ fees and other expenses and costs as we may reasonably believe we need to incur in connection with defending, initiating or investigating any lawsuit, arbitration, mediation, investigation or other proceeding related thereto. Your Content will, as between you and us, remain your sole and exclusive property. However, you represent to us that you are authorized to give consent to us, and you hereby do so consent, to use Your Content in connection with our business, including (but not limited to) use on our Site, or in connection with any advertising, marketing, or promotions activities we may undertake, in each case without seeking your prior consent or being required to give you or any other person credit therefor or being required to pay you or any other party any fee, royalty, or other consideration. The Site and all of its content, other than Your Content, shall, as between you and us, be and remain our sole and exclusive property and you shall take no actions in respect thereof that is or would reasonably be understood to be inconsistent with our sole and exclusive ownership.
Herein, on the Site, and/or in other Documentation or our communications with you, we may refer to “your” user account, “your” data or otherwise use language that may grammatically appear to indicate possession, ownership, or control thereof by you. If we do so, that is for convenience of communication and indicates no more than that such information relates to you and your involvement with us, and does not indicate or effectuate any actual or constructive ownership, control, possessory or other similar right or interest in you (other than with respect to Your Content).
Disclaimers
Your use of the Site and any request for or receipt of or participation in our services is your choice and shall be at your sole discretion and risk. You agree that we shall not be responsible for any harm to your computer, tablet, mobile device, or any other device with which you use the Site or request or receive any service or use any licensed property or other Site-accessible property of ours, or for any loss of data or other harm that does or may result from your use of the Site or participation in or receipt of any services offered or provided by us or by third parties by means of the Site. Notwithstanding anything herein or elsewhere to the contrary, neither we nor any affiliated person of ours makes any representations or warranties: (a) regarding the security, accuracy, reliability, functionality, timeliness, performance or other aspects of the Site or any of the services; or (b) that the Site or any of the services will be error-free or that if there are any errors that they will be corrected either on a timely basis, to your satisfaction, or at all. Neither we nor any affiliated person of ours will have any liability or other responsibility to you for any access or usage charges that are or may be charged by your Internet service provider, wireless carrier, or other similar service provider whose services are related to any device that you use to use the Site or participate in any of the services.
SketchLinks disclaims any and all liability and other responsibility for any technical or other failures or errors of, on, or in any way connected with or related to, the Site or any licensed property or other Site-accessible property of ours and/or any of our goods or services, including but not limited to push messages sent erroneously due to technical failures or errors. SketchLinks anticipates that it will use reasonable efforts to correct any such failures or errors swiftly after discovering them or being informed about them. If you think you have received pushed messages in error or experienced other technical failures, please contact us immediately.
The Site, and all materials, information, products, services, and other related things included therein or related thereto, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. SketchLinks EXPRESSLY DOES NOT MAKE, AND HEREBY DISCLAIMS FOR ALL PURPOSES AND TO THE GREATEST EXTENT NOT PROHIBITED BY LAW, ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED AND/OR STATUTORY, RELATING TO THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, AND/OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, express or implied, obtained or inferred by you from SketchLinks or any affiliated person of ours, will create any warranty that is not expressly stated herein. Any warranty that may be included or construed to be included herein that is later modified or terminated by virtue of a change to the Terms of Use shall in all cases be retroactive unless expressly prohibited by law.
Indemnification
You shall indemnify and defend SketchLinks and its affiliated persons for, and hold us and them harmless from and against, any losses, costs, damages, expenses, liabilities, and other obligations and responsibilities of any kind and/or nature (including without limitation attorneys’ fees) that are or may be suffered or incurred by SketchLinks and/or any affiliated person of SketchLinks that arise out of, relate to, or are in any way connected with any of the following acts or omissions by you, by any person acting at your behest or request, or by any person over whom you have actual or constructive control, under any theory of law or equity or otherwise, or by any person using your account to access the Site or participate in or receive any services even if not acting at your behest or request: (a) use of the Site; (b) breach of contract; (c) tortious act; (d) non-compliance with any law or governmental order or regulation; (e) violation of any hereof or other Documentation at any time in effect; (f) violation of any third-party right (including without limitation any intellectual property, publicity, confidentiality, property, privacy or other right of any kind or nature); (g) the initiation or continuation of any legal, equitable or other action or proceeding brought against us or any affiliated person of ours seeking or claiming damages or any other remedy in excess of or otherwise different from that which is expressly provided for and conditioned or limited by these Terms of Use or other Documentation; and (h) any other wrongful act or omission. As between us and any party with respect to whom we are claiming a right to indemnification, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses and otherwise.
Limitation of Liability
Except and only to the limited express extent described in following section entitled, “Exclusions”: if you ever incur or suffer, or claim to have incurred or suffered, any loss or injury of any kind whatsoever (whether to person, property, reputation, mental or emotional wellness or otherwise) in any way related to or arising from your use of the Site or your participation in any services, your remedy shall be limited to a damages payment not to exceed either one hundred dollars ($100) or the amounts you have paid to SketchLinks for your use of the Site during the preceding twelve months (whichever is greater) without exception or condition; except that, notwithstanding the foregoing, if you are part of a group action of any kind seeking a remedy of any kind or nature against SketchLinks or any affiliated person of ours, your remedy shall be limited to a damages payment of either one dollar ($1.00) or the amounts you have paid to SketchLinks for your use of the Site during the preceding twelve months (whichever is greater).
In no event will SketchLinks or any affiliated person of ours be liable to you for any equitable remedy or for any damages or for any other remedy of any kind or nature other than as expressly provided in the preceding paragraph of this section, on any legal, equitable or other theory of liability, responsibility or culpability. Without limiting the generality of the foregoing, we will not be liable to you for any indirect, incidental, special, punitive, speculative, hedonic, or consequential damages arising out of or in connection with your use of the site or participation in our services, whether or not the damages are foreseeable (to any person) and whether or not SketchLinks has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction, and in no event will SketchLinks’s cumulative liability (in one matter or in a series of related or unrelated matters) exceed the aggregate of the amount described in the preceding paragraph of this section.
Notwithstanding anything herein to the contrary, we shall not be liable or in any other way responsible for any loss, cost, expense, injury, liability, or other obligation, or responsibility of any kind or nature that you or any other person affiliated with you in any way may incur or suffer as a result of your or their use of, reliance on, access to, participation in, or other arrangement or relationship of any kind that is related to any third-party content, information, material, resource, link, website, application, widget, software code, other technology, good, service, or any other thing; or for our assistance (whether actual, alleged or assumed) in conducting transactions by means of this site, including but not limited to any processing of payments via any third-party financial-transaction processors.
Under no condition whatsoever shall we or any individual or entity affiliated in any way with us be responsible for attorneys’ or other fees, expenses, losses, costs, or obligations you (or any representative, agent, attorney, attorney-in-fact, or other individual or entity affiliated with you) may suffer or incur as the result of your bringing any action, enforcing any right, or seeking any claim or remedy as against us or any individual or entity affiliated in any way with us, whether or not brought in accordance with these Terms of Use, except and only to the limited express extent described in following section entitled, “Exclusions.”
Exclusions
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability for limited, consequential, incidental or other similar extraordinary damages or the limitation of damages payable by us, so the above limitations may not apply to you. The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. For the avoidance of doubt and notwithstanding anything to the contrary herein or elsewhere provided, you agree that our liability shall be limited to the greatest extent permitted by law giving effect to those provisions hereof that are enforceable.
Changes to Site
SketchLinks may from time to time and at any time in its sole discretion make changes to these Terms of Use and other elements of the Site, including (but not limited to) additions, deletions and other modifications to content, functionality, look and feel and in any other respect, in each case without having to first give you notice thereof. SketchLinks may at any time or from time to time suspend or discontinue the Site; change or transfer its domain name/s; direct users who access one site to another site owned or controlled by SketchLinks; and/or add, modify, suspend or discontinue any service or product offered on or through the Site; in each case without being required to first give you notice thereof. If at any time there is no charge to you to access, visit or otherwise use the Site, or if there is such a charge, SketchLinks may implement, increase or waive any such charge, in each case without having to first give you notice thereof, and in each case SketchLinks may determine to set different use rates for various purposes or user types to the extent not prohibited by applicable law. Differently situated users may be permitted different uses of the Site, and any such use shall be subject to all of SketchLinks’s reserved rights with respect to the Site. We shall not be liable to you or to any other person for any exercise of the foregoing rights of ours, or any other rights of ours in respect of our Site. Notwithstanding anything to the contrary herein or elsewhere set forth, SketchLinks shall have no, and hereby disclaims any, duty to either (a) update, change, alter, modify or otherwise amend, or (b) maintain or retain without any update, change, alteration, modification, or other amendment of, the Site or any of Our Content.
User Submissions
Unless expressly requested or permitted by SketchLinks, SketchLinks shall not accept or consider any user feedback either concerning the Site, or by means of the Site and concerning any personnel, property, purposes, operations or activities of SketchLinks, including (but not limited to) feedback concerning the use, functionality, and look and feel of the Site or the substance or form of any of Our Content. If for any reason (with or without any such express request) you submit any feedback, submission, chat room discussion, virtual forum contribution, idea, design, drawing, suggestion, business plan, proposal or any other feedback in respect thereof (collectively, “Feedback”) you agree and hereby represent and warrant: (a) that you have the sole right and authority to give such Feedback and to effect such transfer without needing any consent from or requiring notice to any third party; and (b) that by doing so you shall thereby irrevocably transfer exclusively to us (without any further action being required by any party, without restriction or condition and without SketchLinks being required to give any notice or consideration, credit or publicity of any kind to you or any third party) all right, title and interest therein and thereto (including, but not limited to, Intellectual Property and all other rights and indicia of ownership in respect thereof, including but not limited to the right to copy, publish, distribute, edit, modify, or create derivative works from and otherwise use the same in any manner or by any medium). SketchLinks shall not have any duty to maintain all or any portion of any Feedback in confidence or to respond to any Feedback. SketchLinks has the right (but not the obligation) to monitor, edit, remove, and/or replace, in its sole discretion, all Submissions from any or all persons.
Without limiting the generality of anything else herein, to the extent not otherwise covered by any other provision hereof or other Documentation, you represent and warrant to SketchLinks that: your Feedback will not violate any right of any third party (including, but not limited to) Intellectual Property, privacy and all other rights); that they shall not in any way be libelous or otherwise unlawful; that they shall not contain any Malware; and that they shall not otherwise violate these Terms of Use. You hereby assume all responsibility for any Feedback you give and acknowledge that SketchLinks shall in no way be or be deemed to be responsible or to assume any liability therefor. For the avoidance of doubt, Feedback does not include Your Artwork or other elements of Your Content.
Your Personal Information
You hereby warrant that all information pertaining to your identity and contact information and all other personal information that you may submit to or through the Site shall be true and complete in all material respects and shall not omit any information required to be included therein to make such information not misleading, nor shall it be in any other way misleading. All such Submissions are governed by our Privacy Policy which can be read by navigating to the link entitled, “Privacy Policy,” on the Site. It is a condition precedent to your use of the Site or request for or receipt or use or our services that you first read and agree to, and thereafter continue to comply with, not only these Terms of Use but also our Privacy Policy and any other Documentation, and other requirements that we may now or hereafter determine to be necessary or desirable for the conduct of our business, operation of the Site, or provision of any services.
Links to Third-Party Websites
From time to time we may include links on our Site to third-party websites that are not under our control. You acknowledge and agree that we do not, nor can we, nor are we obligated to, nor will we, take any responsibility for any aspect of any such website; and that the same are offered for general informational purposes and convenience of reference only and not as an endorsement of any third-party service or product nor as any endorsement of any cause that any such website may support.
Accuracy of Images and Descriptions
Occasionally information on our Site may contain typographical errors, omissions and inaccuracies of various kinds. We reserve the right (but without any obligation) to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We may or may not, from time to time, sell or allow others to sell products through the Site; if we ever do sell products through the Site, while we will endeavor to ensure that the visual presentation of those products is portrayed accurately, we cannot guarantee that your computer monitor’s display will be accurate. You agree to not hold us responsible for any such inaccuracies, and that all terms applicable to sales on the Site will be interpreted accordingly.
Dispute Resolution; WAIVER OF JURY TRIAL
Your use of the Site constitutes your waiver of any right that may otherwise exist or arise to RESOLVE by trial (whether jury trial or bench trial) any dispute that you may have as against us (or any of our AffiliateD INDIVIDUALS OR ENTITIES) that in any way (whether in whole or in part) arises from or is related to OR IS CONNECTED WITH these Terms of Use OR OTHER DOCUMENTATION, the Site or the services. Any such dispute shall be RESOLVED only as follows, without exception or condition.
Before you or we may initiate any dispute resolution proceeding of whatever kind or nature, if there ever exists a dispute between you and SketchLinks or any individual or entity affiliated in any way with us arising out of or related to any transaction conducted on, or other access, visit or use of, the Site or any dispute otherwise related to these Terms of Use or the Privacy Policy or any license agreement or other documentation, the party who would otherwise desire to initiate any such proceeding (the “Disputing Party”) hereby covenants to not do so without first attempting, in good faith, to resolve any such dispute with the other party in accordance with the following procedure: the Disputing Party shall first provide written notice (the “Dispute Notice”) setting forth the nature of the dispute and the preferred means to contact the Disputing Party. Beginning not later than thirty (30) days after the actual receipt of such notice by the other party, the parties shall attempt in good faith to negotiate, for a period of ninety (90) days, between themselves a mutually agreeable resolution of the dispute.
Any such Dispute Notice shall be sent by the Disputing Party by nationally recognized overnight courier as follows: if to SketchLinks, to its principal address included in the Site; and if to you, to any address you may have provided in connection with any use of the Site or, if none, to any other address that SketchLinks may otherwise have on record for you or, if none, to any address SketchLinks may be able without unreasonable effort to obtain for you, provided that SketchLinks need not extend such efforts for more than thirty (30) days. The confirmation of delivery by such courier shall confirm actual receipt of the notice or other communication being thereby delivered.
The foregoing procedure is a condition precedent to the initiation of any dispute proceeding (which proceeding must, in addition, be permitted hereunder); and is a condition precedent (which may be enforced by the other party without waiving its rights hereunder) to any unpermitted or untimely litigation, arbitration, mediation, other filing of a claim or grievance or other proceeding in any legal, administrative, equitable or other forum against the other party which, while not permitted or while untimely under these Terms of Use, places the other party in a position which reasonably requires it, on advice of legal counsel, to respond; and any such response and/or incurrence of costs shall not be deemed a waiver of the responding party’s right’s hereunder, or a consent to the unpermitted or untimely proceeding).
Any dispute not first settled between you and us as provided above, shall be settled solely and exclusively by final and binding arbitration, in Santa Cruz County in the State of California (or in another location in which we may at such time have our principal place of business, in our sole determination). Such arbitration shall be administered by JAMS in accordance with its applicable rules of practice then in effect by a single arbitrator. Such arbitrator shall be an individual agreeable to you and us; and if such arbitrator is not agreed to by you and us within sixty days after formal initiation of the arbitration proceeding, such arbitrator shall be an individual having reasonable experience in matters of the type provided for in this Agreement and who is chosen by JAMS. Decisions by the arbitrator shall be final and binding, and not subject to appeal. Awards by the arbitrator shall be satisfied by the party responsible therefor within thirty days after the award is rendered; and if any award is not satisfied within such time, the prevailing party may enforce the award in the state or federal courts in or nearest to Santa Cruz County in the State of California (or in another location in which we may at such time have our principal place of business, in the sole determination of the party seeking to have the award enforced). For the purposes of an action to enforce an arbitration award, you and we each consent to the sole and exclusive personal jurisdiction of such courts, waive any defense of inconvenient forum and any other defense to such jurisdiction or venue, and consent to service of process in any manner permitted by law. The non-prevailing party in any such arbitration shall be responsible for all fees and expenses (including, but not limited to, reasonable attorneys’ fees) of the prevailing party incurred in connection with the arbitration, and/or with any action that may later be required by the prevailing party to enforce an arbitration award; and if each party prevails on at least one point of dispute, then the arbitrator shall allocate responsibility for sharing the aggregate costs of both parties as the arbitrator determines to be equitable, provided that the party with the greater prevailing position shall have the proportionately lesser share of the aggregate costs. Any decision rendered by an arbitrator in accordance herewith may be enforced in any federal or state court located in such county, and the parties hereto consent to the personal jurisdiction of such courts for such purpose, waive any defense of inconvenient forum, and consent to service of process for such purposes by all means permitted by law.
Equitable Relief
Notwithstanding anything herein or elsewhere to the contrary, we shall be entitled to seek equitable relief in any federal or State court in the United States or elsewhere having subject matter jurisdiction without either having to post a bond or first submitting the matter to arbitration or mediation with respect to actual, alleged or threatened breaches by you of any provision herein relating to, alleging, or seeking to enforce any provision concerning indemnification of us, ownership of our property, or your violation of and provision hereof or of any other Documentation pertaining to keeping our Site free of any Malware, or to interfering with our Site or information security, or to you providing us any fraudulent or other materially false information; in any of which case, you (for yourself and your heirs, successors, assigns, agents, receivors, conservators, attorneys, attorney-in-fact and other representatives, and any of your or their respective affiliated individuals or entities) consent to the personal jurisdiction of such courts and agree that service of process or notice in any such action, suit or proceeding shall be effective if delivered in any manner permitted by law and hereby waive any claim or defense of inconvenient forum or any other defense to any such jurisdiction or venue. The rights set forth in this paragraph are in addition to any other right or remedy available to the party seeking equitable relief, at law, in equity, or otherwise.
Remote Proceedings
If a dispute to be resolved hereunder occurs at a time and in a place where governmental authorities have declared a health emergency due to a contagion, , the same may, at the election of either party or the mediator or arbitrator, occur by remote communication technology agreeable to the parties (or, if they cannot agree within a reasonable time, determined by the mediator or arbitrator, except to the extent the mediator or arbitrator determines the same is not reasonably practicable, and that all or a portion of the proceeding should occur in person). Even if no such emergency has been declared, either Party may participate or conduct such proceedings by such remote communications technology (except to the extent the mediator or arbitrator determines the same is not fair or reasonably practicable, and that all or a portion of the proceeding should occur in person). Notwithstanding the foregoing, even if the proceeding occurs in whole or in part remotely, the mediator or arbitrator shall have experience relevant to resolving disputes in the geographic region which includes the location wherein the proceeding would occur if occurring in person.
Certain Arbitration Exceptions
Notwithstanding anything herein to the contrary, to the extent the mandatory arbitration provision above is deemed to be unconscionable or otherwise unenforceable by the law of the place of residence of a User (and such law is mandatorily applicable to us and/or to the subject dispute), mandatory arbitration shall be deemed severed from these Terms of Use, and the rest of these Term of Use shall remain in full force and effect. And, to the extent of such a severance, if under such applicable a waiver of a User’s right to trial by jury is deemed to be unconscionable or otherwise unenforceable, such waiver same shall also be deemed severed from these Terms of Use, and the rest of these Term of Use shall remain in full force and effect.
Class Action Waiver
Except where prohibited by applicable law, you and we agree that any dispute arising out of, related to or in connection with the Site or our services, these Terms of Use or other Documentation, of whatever kind and however filed or otherwise initiated, by either of us against the other must be on an individual basis and not as a class or collective action; and neither you nor we will participate as a party in any class or collective action against the other to the extent the subject of such action includes any such dispute.
Miscellaneous
These Terms of Use shall be governed by the laws of the State of California, United States, without regard to its conflicts-of-laws principles. These Terms of Use constitute the entire understanding and agreement between you and SketchLinks relating to their subject matter. If any provision hereof is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the invalidity or unenforceability thereof shall not affect the validity or enforceability of the remaining provisions hereof, which shall remain in full force and effect. No waiver by SketchLinks of any provision hereof shall be deemed a further or continuing waiver of such provision or any other provision, and SketchLinks’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision or of any other right or provision. If there is or appears to be any conflict between any provisions herein, or between or among the provisions hereof and any conditions to use of the Site or receipt of our services, or between or among the provision hereof or any other Documentation (on the one hand) and any content within the Site (on the other hand), we will be the sole arbiter of how that conflict will be resolved, without condition. Without admitting to any liability or responsibility: SketchLinks will not be liable for any failure to perform any obligations it may have to you (without admitting the existence of any such obligations) where such failure results from any cause beyond SketchLinks’s reasonable control, including without limitation, mechanical, electronic or communications failure, degradation or line-noise interference. In any dispute resolution proceeding concerning these Terms of Use, any other Documentation, or anything else related to the Site, our services or our business, each party thereto shall be deemed and treated for all purposes as having participated equally in the negotiations in connection herewith and therewith and in the preparation thereof as then in effect, and any ambiguity herein shall not be construed against any purported author.
Certain Terminology
As used herein:
· Pronouns shall be construed broadly and not to limit the application of any grammatical construction to any person.
· Section headings are for convenience of reference and shall not be construed substantively.
· The word “person” means any individual and/or any corporation, limited liability company, partnership of any kind, joint venture, association, organization, governmental body or agency or authority, or other entity of any kind.
· The word “include” and other words of similar import shall mean “include without limitation.”
· An “affiliate” or “affiliated person” of any person means any other person who controls, is under common control with, or is controlled by such first person; and their respective officers, directors, managers, shareholders, members, partners, joint venturers, employees, consultants, conservators, receivors, executors, heirs, successors, assigns, agents, attorneys-in-fact, agents, representatives, and other affiliated persons.
Contact Us
You can contact us in connection with these Terms of Use or otherwise related to your account or the Site or our services by submitting an email making your request by contacting us directly through this link. If you wish to contact us about exercising your privacy rights, please see the section in our Privacy Policy entitled, Contact Us to Exercise Your Privacy Rights.
Survival
All obligations of the User in effect prior to any termination hereof, or any suspension or removal of the Site from the Internet shall survive such termination, suspension or removal for all purposes.
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