The Sketchbook Project Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SITE AND/OR SERVICES YOU AGREE THAT THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT (THE “AGREEMENT” OR “TERMS OF SERVICE”) BETWEEN YOU AND THE SKETCHBOOK PROJECT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS THE SITE OR SERVICES.
By using the services provided by Art House Projects, LLC and its affiliate The Brooklyn Art Library, (together, “The Sketchbook Project”), through the websites available at www.sketchbookproject.com and www.brooklynartlibrary.com (collectively, the “Site”) or any other interaction with The Sketchbook Project (the “Services”), you signify that you have read, understand and agree to be bound by these Terms and Conditions.
The Sketchbook Project allows participants to fill a sketchbook with their own writing, images and other expression (“Content”) and share it with the world. Content is shared through The Brooklyn Art Library’s physical collection of sketchbooks, through the digitized Content available on the Site, and/or through various other galleries or events organized by The Sketchbook Project and its affiliates. These Terms of Service apply whether you are participating by creating and sharing a sketchbook (“Participants”, under Section 1) or you are just visiting the Site (“Visitors”, under Section 2).
The Sketchbook Project may modify these Terms of Service from time to time in its sole discretion. Each time you use or access the Site or Services or Content from the Site or Services you will be deemed to have accepted any changes to these Terms of Service. The Sketchbook Project shall have no obligation to notify you of any such changes other than posting such modifications on the Site.
Last Modified: July 1, 2018
In addition to the other sections of this Agreement, by purchasing a sketchbook and returning it to us with Content, you agree and acknowledge the following:
1.1.Authorship. You retain any ownership rights you had in the Content at the time you provided it through the Services. You agree to only share writing, images and other expression (“Content”) that you have the right to use and share. You will not share Content if it violates anyone’s intellectual property rights or privacy. If you have been authorized to share Content from another party, you agree that you will only share that Content if you know and can verify the original author of the Content, and they have authorized you to enter into this Agreement with regards to their Content. All data, photographs, messages, graphics, comments, text, or other materials ("Content") are the sole responsibility of the person from whom such Content originated. You, and not The Sketchbook Project, are entirely responsible for all Content that you provide, transmit or otherwise make available through the Services. The Sketchbook Project will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, nor will The Sketchbook Project be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Services. You agree to indemnify and hold harmless The Sketchbook Project, its officers and employees for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, post or otherwise make available through the Services.
1.2. License to Content. By providing Content through the Services, you thereby grant The Sketchbook Project a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the Services and The Sketchbook Project’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any merchandise or media formats and through any merchandising or media channels. All other uses of the Content are by default licensed under a Creative Commons Attribution-NonCommercial-ShareAlike (“CC BY-NC-SA”) license (as fully described at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode).
1.1.Rules for Sketchbook Submission. In order for your Content to be shared through The Sketchbook Project, you must purchase a sketchbook and submit it in compliance with these rules:
1.1.1.The barcode affixed to the back of your book must be readable and intact for your sketchbook to be shared. If your barcode is damaged in some way, please include a note with your name, email, user name and any other info you have from your order when you send in your sketchbook.
1.1.2.You must connect your book at sketchbookproject.com/connect. This is where you will fill out the information about yourself and your sketchbook that will appear in our catalog. If you do not connect your sketchbook, we will not be able to effectively keep track of your sketchbook.
1.1.3.Your book must remain 5 inches x 7 inches when closed, and thinner than one in inch. You are free to have your book open or pop up to something larger, but it must have a way to fold down to its original size.
1.1.4.You are free to design and rebind your cover, but please make sure your barcode remains affixed and that your cover does not contain any material that would be harmful to other sketchbooks or our staff.
1.1.5.Please do not use glitter, or affix things that may fall off your sketchbook. Avoid gesso or acrylic paint, as it may cause your sketchbook’s pages to stick together. Please do not include perishable, toxic, allergenic, or odorous materials in your sketchbook.
1.1.6.You are free to rebind and use different paper in your sketchbook. We use custom sketchbooks to allow you the freedom to make it your own.
1.1.7.You are responsible for any issues arising with mail or shipping of your sketchbook – please be mindful of what mailing method you choose when returning your sketchbook. We recommend wrapping your sketchbook in plastic and suggest using tracking numbers when possible.
1.1.8.Notwithstanding any deadlines shared on the Site, we cannot guarantee that your sketchbook will be shared in the Brooklyn Art Library or otherwise made available by any particular date.
1.1.9. If you have any questions or issues related to sketchbook submission, feel free to contact us firstname.lastname@example.org at anytime. Please note, we are a small team, so it may take us a few days to get back to you.
1.2.No Expectation of Privacy. By sharing Content with The Sketchbook Project, you agree and understand that the Content will become available to the public, including but not limited to visitors of The Brooklyn Art Library (who may view your Content in person) and/or visitors of the Site (who may be able to view your Content online). You should not share any Content that you do not wish to be publically accessible, and by sharing your Content, you agree and acknowledge that it will become publically accessible.
1.3.Prohibited Content. Publication by The Sketchbook Project is not guaranteed. The Sketchbook Project reserves the right to decline publication and/or display of certain Content, including but not limited to:
Offensive Content: The Sketchbook Project reserves the right to decline publication and/or display of Content that it deems offensive, objectionable or likely to violate anyone’s rights or applicable law.
Disputed Content: The Sketchbook Project reserves the right to decline publication and/or display of Content that is subject to any dispute between participants and/or third parties.
Hardcopy Content Unfit for Display: The Sketchbook Project may decline to display or digitize sketchbooks that contain substances that are perishable, toxic, allergenic, odorous or otherwise unfit for display, in The Sketchbook Project’s sole discretion.
1.4.Arrangement: If you choose to have your sketchbook digitized, you agree and acknowledge that The Sketchbook Project, in its sole discretion, may determine the medium by which your Content is shared, including margins, resolution, shading, contrast, metadata tags, and other aspects of the arrangement and/or presentation of your Content.
1.5.Your Relationship with The Sketchbook Project. You hereby agree and acknowledge that you are not (nor shall you be deemed to be) an employee, agent, partner, joint venture affiliate, or representative of The Sketchbook Project.
1.6.Rights Reserved. You agree and acknowledge that: a) The Sketchbook Project has the right to reject and/or unpublish any content you publish for any reason whatsoever; b) the right to edit any uploaded or linked Content and/or posted text, at its own discretion; c) the right to transfer your sketchbook and The Sketchbook Project’s license to the Content therein, either to successors, affiliates or third parties.
1.7.Physical Artifacts. You hereby acknowledge that any sketchbooks or other physical artifacts submitted through the Services (“Artifacts”) are the sole property of The Sketchbook Project. The Sketchbook Project will undertake commercially reasonable best efforts to preserve and display the Artifacts in accordance with the stated goals of the project(s) for which they were submitted, but no warranty or guarantee is offered as to either the preservation or display of the Artifacts.
1.8. Disclaimer: IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY APPLYING TO ALL USERS OF THE SITE, YOU SPECIFICALLY AGREE THAT THE SKETCHBOOK PROJECT IS NOT RESPONSIBLE FOR ANY DAMAGES SUSTAINED AS A RESULT OF YOUR USE OF THE SITE AND SERVICES, INCLUDING YOUR PUBLICATION AND DISPLAY OF CONTENT. THE SKETCHBOOK PROJECT DISCLAIMS ANY SUCH LIABILITY TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FURTHER, THE SKETCHBOOK PROJECT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER CONTENT, COMMUNICATIONS OR PERSONAL SETTINGS.
2.GENERAL TERMS APPLICABLE TO ALL USERS OF THE SITE
2.1.No Warranties. The Sketchbook Project is not liable for any statements or conduct of any third party using the Services. The Sketchbook Project does not control the Content published through the Services and does not guarantee the accuracy or integrity of such Content. Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content include artistic expression, such as images and text that reflect the beliefs, social attitudes and perspectives of particular individuals, and not that of The Sketchbook Project. By visiting the Site, you may be exposed to Content that you find indecent, objectionable or offensive. All Content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. The Sketchbook Project does not represent or warrant that the Content will meet your requirements or that its use will be uninterrupted or error free. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by The Sketchbook Project or its licensors or content providers. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
2.2.Labeling and Metadata Disclaimer. While The Sketchbook Project has made reasonable efforts to correctly categorize, keyword, label and title the Content, we do not warrant the accuracy of such information or any metadata provided with the Content.
2.3.Ownership. The Site is owned and operated by The Sketchbook Project. All aspects of the Site, including, but not limited to the design and “look and feel” thereof and all of the Content featured or displayed thereon, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof are, as between you and The Sketchbook Project, owned by The Sketchbook Project and/or its licensors or content providers. All elements of the Site, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark and other laws relating to property rights. Except as explicitly permitted under separate agreement with The Sketchbook Project, no portion or element of the Site or the Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way and the Site, its Content and all related rights shall remain the exclusive property of The Sketchbook Project and/or its Licensors and/or Content providers unless otherwise expressly agreed.
2.4. Eligibility. You must be 18 years of age to be eligible to use this Site unsupervised and we ask that minors and children only use the Site and/or Services with the supervision of an adult. By using this Site and/or registering for an account, you warrant that you are 18 years of age or older, or are using the Site and/or Services under the supervision of an adult. You are responsible for any charges incurred in obtaining access to the Site and the Services.
2.7. Amendments to the Terms of Service. The Sketchbook Project reserves the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. You agree that we may modify these Terms of Service and such modifications shall be effective immediately upon posting. You agree to review these terms periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Agreement except and to the extent prohibited by applicable state or federal law.
2.8.Passwords. Should The Sketchbook Project provide to you a password that allows you to access certain parts of the Site or for the Services, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify The Sketchbook Project of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Site or the Services at the end of each session to prevent fraud on your account by third parties.
2.9. Communications from The Sketchbook Project. The Sketchbook Project may send you newsletters or other communications. You have the option to unsubscribe from such emails. The Sketchbook Project reserves the right to send you emails regarding your account or emails containing service updates or other communications relating to the operation of the Site or Services.
2.10.Third Parties. If you use this Site to conduct business for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any transactions entered into, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all terms and conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
2.12. Use of the Site and Services. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Content, (ii) any administrative mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms, or (iii) any advertisement inserted on the Site and/or within the Content. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by The Sketchbook Project in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links, or scrape or aggregate Content from the Site. You may not build a business, in whole or in part, utilizing any portion of the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way on the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise. This prohibition applies even if you intend to give away the derivative materials free of charge.
You are also prohibited from disabling, reverse engineering, modifying, interfering with or otherwise circumventing any technology to allow users to view the Content without: (i) displaying visibly both the Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of the Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
Unless authorized by The Sketchbook Project in writing, you may not:
deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy Content or related information;
violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means;
copy, redirect, or exploit the Site or any Content;
probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of our customers; or use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site;
use the Site or Services to send, post, email, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
2.13.DISCLAIMERS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SKETCHBOOK PROJECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SKETCHBOOK PROJECT MAKES NO WARRANTY THAT: (i) THE SITE SHALL MEET YOUR REQUIREMENTS; (ii) THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE SHALL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE SHALL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE CONTENT OR SITE SHALL BE CORRECTED; AND (vi) THE SITE OR ANY CONTENT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE UPON ANOTHER’S RIGHTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SKETCHBOOK PROJECT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY, UNLESS EXPRESSLY STATED IN THESE TERMS OF SERVICE OR IN ANY APPLICABLE AGREEMENT, BETWEEN YOU AND THE SKETCHBOOK PROJECT.
2.14.LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NEITHER THE SKETCHBOOK PROJECT NOR ITS LICENSORS OR CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT THEREON UNLESS OTHERWISE PROVIDED IN AN APPLICABLE AGREEMENT BETWEEN YOU AND THE SKETCHBOOK PROJECT. WITH RESPECT TO ALL OTHER CLAIMS RELATED TO YOUR USE OF THE SITE OR CONTENT, UNLESS OTHERWISE SET FORTH IN A LICENSE AGREEMENT FOR USE OF THE CONTENT WITH THE SKETCHBOOK PROJECT, THE SKETCHBOOK PROJECT’S LIABILITY SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID TO THE SKETCHBOOK PROJECT BY YOU, IF ANY, OR $500.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
2.15.Indemnification. You agree to defend, indemnify and hold harmless The Sketchbook Project, its parent and subsidiary companies and divisions, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your breach of these Terms of Service or your unauthorized use of the Site, the Content and/or other related rights.
2.16.Termination. The Sketchbook Project may, in its sole discretion, terminate your password, account (or any part thereof) and/or your use of or license to the Site or Services (or any portion thereof), or remove and discard any information stored, sent, or received via the Site or Services without prior notice and for any reason, including, but not limited to: (i) permitting another person or entity to use your Registration information to access a Site or Service, (ii) any other access or use of the Site or Service except as expressly provided in these Terms of Service, (iii) any violation of the terms and conditions of these Terms of Service including the rules and regulations relating to the use of, the Content, Site or Services, or (iv) tampering with or alteration of any of the Content, Site or Services. You may terminate your Registration by closing your Registration account. Termination, suspension, or cancellation of these Terms of Service or your access rights shall not affect any right or relief to which The Sketchbook Project may be entitled, at law or in equity. Upon termination of these Terms of Service, all rights granted to you will automatically terminate.
2.17.Infringement Policy. The Sketchbook Project respects the rights of all copyright holders and in this regard, The Sketchbook Project has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Sketchbook Project's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Art House Projects, LLC
28 Frost Street
Brooklyn, NY 11211
2.18.Export Control. Unless otherwise specified, the materials on the Site and Services are presented solely to provide information regarding and to promote The Sketchbook Project’s Services and other products available in the United States, its territories, possessions and protectorates. The Site and Services are controlled and operated by The Sketchbook Project from its offices within New York. The Sketchbook Project makes no representation that materials on the Service are appropriate or available for use in every jurisdiction. Those who choose to access the Site and Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Site and Services are further subject to United States export controls. No software may be accessed, downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
2.19.Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. Although you acknowledge that The Sketchbook Project has the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in the State of New York, in the United States, regarding any and all disputes relating to these Terms of Service or your use of the Site and Services. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in these Terms of Service are material terms of these Terms of Service and that they have been taken into account in the decision by The Sketchbook Project to provide the Site and Services hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of The Sketchbook Project. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service.