Last updated: October 15, 2013
Welcome to the web site of Sketchbook Communications (referred to herein as “Sketchbook Communications” or “we” or “us”). The Site has been created to provide interactive and non-interactive ebooks, multimedia projects and art prints to Site visitors through a subscription model. The term “Site” when used herein means the website www.sketchbookcommunications.com and includes all sub-sites, forums, related blogs, mobile sites, applications, widgets, interactive features, and social media sites owned, operated, or controlled by Sketchbook Communications.
For good and valuable consideration, the receipt and sufficiency of which is acknowledged, Sketchbook Communications and you agree to these Terms of Use. You are only authorized to use the Site upon the express condition that your use of the Site is in accordance with all applicable laws and these Terms of Use. Your use of the Site or any part thereof constitutes your (as well as your parent or legal guardian, if you are under the Legal Age) acceptance of this Agreement. By accessing and using the Site, you accept and agree to be bound by these Terms of Use, our privacy policy, any subscription agreements (each, a “Subscription Agreement”), and all applicable and local laws and regulations
All capitalized terms not defined herein shall have those meanings as set out in these Terms of Use, our Privacy Agreement, or any Subscription Agreement with you. Our Terms of Use, Privacy Policy, and any Subscription Agreements we may have with you from time to time collectively form our agreement with you.
You represent and warrant that:
a. You are of legal age to form a binding agreement (“Legal Age”b>). If you are not of Legal Age, you are not authorized to use the Site unless: (i) you have received the permission of your parent or legal guardian and (ii) your parent or legal guardian, by granting such permission agrees to be bound by this Agreement and in such a case, the term “you” shall be deemed to included your parent or legal guardian.
b. You will provide true, accurate, current and complete information about yourself ("Client Information") as prompted and you will maintain and promptly update your Client Information to keep it true, accurate, current and complete.
The Site and all of contents contained within the Site, including, without limitation, all text, images, multimedia, logos, names, brands, trademarks, artwork, design, computer code, software, written works (including, without limitation, books, ebooks, and articles on the Site), and the “look and feel” of the Site (collectively, the "Content") are owned by Sketchbook Communications absolutely. Unless otherwise specifically expressed, Sketchbook Communications owns all copyright, trademark rights and other intellectual property rights in all Content.
Your use of any Content, except as provided for in these Terms of Use, without the prior written permission of Sketchbook Communications is strictly prohibited.
Sketchbook Communications grants to you limited rights to use the Site and access the Content on the following terms:
(a) You are granted a limited license to access Content that is generally available through the site without requiring a subscription, for non-commercial, personal use.
(b) Some Content, including, without limitation, ebooks, articles, art, multi-media, and written works is only available through a subscription (“Subscription Content”). For Subscription Content, you are granted a limited license, during the term of your paid subscription, to use the Subscription Content for non-commercial, personal use, pursuant to a Subscription Agreement you will enter into with us. Unless expressly set out herein, all terms herein that govern the use, storage, ownership, and access of Content shall also apply to Subscription Content.
(c) You are not granted any property rights in the Content and you are not authorized to republish, distribute, reproduce, transmit, upload, assign, sub-license, sell, or reverse engineer any Content, including, without limitation, Subscription Content.
(d) You may not alter or delete any copyright, trademark, or other intellectual property notices.
(e) Other than as set out above or in any Subscription Agreement we may have with you, you may not distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Sketchbook Communication’s written permission.
These Terms of Use, our Privacy Agreement, any Subscription Agreement we enter into with you, and your use of the Site are governed by the laws of British Columbia and you agree to attorn to the courts of British Columbia exclusively.
You will not upload or otherwise transmit to the Site any software or other materials that: (a) contain any viruses or other harmful code; (b) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral right, right of attribution or integrity or any other intellectual property right or proprietary right of any person or entity; or (c) contain any material that is libelous, defamatory, invades privacy, is obscene, pornographic, racist, sexist, homophobic, abusive, or threatening, or portrays any person in a false light.
Sketchbook Communications has the right to refuse, suspend or terminate your current or future use of the Site or your Subscription Agreement (or any portion thereof), without warning, if:
a. we believe that you are under the Legal Age and you represent yourself as being of or over the Legal Age; or
b. you provide, or we suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete.
We may be required to collect personal information as a condition of your subscription or download of certain Subscription Content, or to process your order of products through the Site. The collection of your personal information will be in accordance with our Privacy Policy.
We may at any time, and without notice, revise these Terms of Use and / or our Privacy Policy by updating this posting. You are bound by any such revisions. You should therefore periodically visit this page to review the current Terms of Use. Your use or continued use of the Site constitutes your acceptance of such changes.
THIS SITE AND ALL CONTENT ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOUR USE OF THIS SITE AND ALL CONTENTS IS AT YOUR OWN RISK. Without limiting the foregoing, Sketchbook Communications neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, we assume no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Notwithstanding anything to the contrary contained herein, Sketchbook Communication’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Sketchbook Communications for the most recent year of your Subscription Agreement.
The contents on the Site may include technical, typographical and photographic or artistic errors. Sketchbook Communications does not warrant that any of the content on the Site are accurate, complete and current.
Sketchbook Communications does not guarantee that the Site will be accessible without interruption or that the Site, the Contents, the products made available through the Site, the software and services, or the server upon which the Site is situated are free from errors, defects, design flaws or omissions or viruses or other harmful components.
Neither Sketchbook Communications, nor any of its subsidiaries, affiliates, owners, agents or any other party involved in creating, producing, or delivering the Site, are liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of this Site or Content whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. In the event your jurisdiction does not allow the exclusion of the warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages, these provisions will be limited to the maximum amount prohibited by law.
Sketchbook Communications may, at its sole option, may edit, modify or delete any Contents, including Subscription Content, at any time, without notice.
The Site may contain links to other websites. Such links are provided for your convenience only. Sketchbook Communications does not control, and is not responsible for the content, privacy policies, or security, of such sites. Without limiting the foregoing, Sketchbook Communications specifically disclaims all responsibilities if such sites: (a) infringe any third party’s intellectual property rights; (b) are inaccurate, incomplete or misleading; (c) contain viruses or other malware; or (d) are libelous or defamatory.
Sketchbook Communications does not generally accept or consider any unsolicited material submitted to it for use in any of its products, including Subscription Content.
In the event you contact Sketchbook Communications, either through the main Site or through email, twitter, a blog, or any other social media site controlled by or operated by Sketchbook Communications, and you provide any Material to Sketchbook Communications, you acknowledge and agree that:
(a) all such Material is free from Inappropriate Content;
(b) unless you specifically state otherwise, you own such Material absolutely;
(c) you waive all moral rights to such Material;
(d) such Material will not contain any Inappropriate Material;
(e) unless otherwise expressly agreed, in writing, concurrently with your submission of such Material, you assign absolutely all ownership rights in the Material to Sketchbook Communications, without further compensation to you.
The Site may contain Material submitted by other users of the Site. Sketchbook Communications cannot and does not warrant that such Material does not contain Inappropriate Material and you release Sketchbook Communications of and from all claims that such submissions by other users of the Site are free of Inappropriate Material.
For the purposes of these Terms of Use:
(a) “Material” means all submissions by you to Sketchbook Communications, regardless of the manner in which such Material is submitted, including, without limitation, all artistic or original ideas, demos, artwork, written works, notes, correspondence, books, e-books, articles, or excerpts; and(b) “Inappropriate Material” means Material that:
a. is libelous, defamatory, or invades privacy;
b. is obscene, pornographic, racist, sexist, homophobic, abusive or threatening;
c. infringes any intellectual property or other rights of any entity or person;
d. violates any law;
e. advocates illegal activity;
f. advertises or otherwise solicits funds or is a solicitation for goods or services; or
g. contains viruses or harmful computing software
You agree to indemnify, defend, and hold harmless Sketchbook Communications and its subsidiaries, affiliates, owners, agents, and employees (collectively “Affiliated Parties”) of and from any and all claims, losses, damages, liabilities, including legal fees and expenses, resulting from or arising out of: (a) your submission of Inappropriate Material; or (b) your misuse of the Site; or (c) any violation by you of these Terms of Service. Sketchbook Communications reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Sketchbook Communications and you agree to cooperate with Sketchbook Communications’ defense of these claims. Sketchbook Communications will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Subscription.
Your right to use the Site and any subscription you enter into with Sketchbook Communications are personal to you and cannot be transferred, sold, exchanged, assigned, or licensed.
By agreeing with the Subscription Agreement, you agree to pay all fees on the terms and conditions as stated in any Order Form.
All prices listed on our Site are subject to change without notice.
We reserve the right to charge shipping and handling charges at checkout, for products that require shipping. In such a case, shipping and handling charges will be included at checkout and the completion of your purchase constitutes acceptance of such shipping and handling charges.
All fees shall include applicable GST, HST, and Provincial Sales Tax. However, in the event there are any other applicable taxes on any orders made by you, you are responsible for and agree to reimburse Sketchbook Communications for such other taxes.
Each eBook available for download and purchase will generally have a short description and a sample portion available for download (each, a “Sample”). Your download or review of Samples is under the express agreement that you are granted no rights of any kind, save and except for the right to download or view a single copy of the Sample for evaluation purposes only. If, as a result of your evaluation, you are unable to determine whether you wish to purchase the eBook upon which the Sample is based, you may contact us and we will make reasonable effort to answer any questions you may have.
Each item of artwork will have a small version available for viewing through the Site (each, an “Art Preview”). You may use the Art Preview for review only, for the purpose of determining whether you would like to purchase the art upon which the Art Preview is based. No ownership or license is granted based on the Art Preview. For greater certainty, but without limitation, you are not authorized to print, copy, alter, or display any Art Previews.
All purchases made through the Site are final. Sketchbook Communications does not offer refunds. Notwithstanding the foregoing, in the event of a computer error in the delivery of purchased products, provided such error is as a result of Sketchbook Communication’s computers, providers, or servers, upon Sketchbook Communication’s receipt of evidence of error, at Sketchbook Communication’s sole option, acting reasonably, we may offer to exchange your purchased product or offer a refund on your purchase and in such a case, the refund will be your sole remedy against us. In any event, you must contact us within five (5) days of your order or you will be deemed to have accepted your purchase.
Notwithstanding any term of subscription, in the event of any breach by you of these Terms of Use, the Privacy Policy, or the Subscription Agreement, Sketchbook Communications may elect to immediately terminate your subscription, without prejudice to any other rights or remedies available to it.
You may cancel your Account or a particular Subscription Agreement at any time by sending an e-mail to sketchbookcommunications@gmail.com, which e-mail must state the date of cancellation and specify the details of the Account or Subscription(s) to be cancelled. Upon Sketchbook Communication’s receipt of the cancellation e-mail, Sketchbook Communications will cancel your Account or Subscription Agreements on the following terms:
(a) All amounts paid to the date of the cancellation are non-refundable and deemed fully earned on the date of payment, regardless of whether such amounts may be for a term that extends beyond the date of cancellation;
(b) Notwithstanding the foregoing, in the event of a technological failure caused by Sketchbook Communications or its providers that results in your inability to access your Account or paid Subscriptions, you will you be entitled to a refund of such amounts paid by you, proportionate to the length of remaining in your subscription term out of the total amount of the term on your Subscription Agreement; and
Sketchbook Communications shall not be liable for any failure to comply with its obligations under these Terms of Use or any Subscription Agreement if the failure to comply is caused by or results from conditions or causes beyond its reasonable control including, but not limited to: shortage of water, power, facilities, materials and supplies, breakdowns in or the loss of production, acts of God, war, terrorism, mobilization, strikes, lockouts, labour controversies, riots, fire, flood, explosion, governmental controls or regulations, embargoes, wrecks of delays in transportation, labour disputes, civil insurrection, civil or military authority, inability to obtain necessary labour, materials of manufacturing faculties due to such causes or delays of subcontractors or supplies of Sketchbook Communications in furnishing materials or supplies due to one or more of the foregoing causes. In an event of a force majeure, Sketchbook Communications shall be allowed a reasonable period of time to fulfill the obligations under these Terms of Use and any Subscription Agreement having regard to the applicable circumstances.
If you have any questions regarding these Terms of Use, our Privacy Policy, or any Subscription Agreement(s) you may enter into with us, we strongly encourage you to contact us directly to seek our customer support at sketchbookcommunications@gmail.com.
In the event any provision of these Terms of Use, the Privacy Policy, or any Subscription Agreement is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, such invalidity or unenforceability attaches only to such provision or part thereof and the remaining terms and provisions of this Agreement remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or related to these Terms of Use or any Subscription Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Use, our Privacy Policy, and any Subscription Agreement is the complete and exclusive agreement between you and Sketchbook Communications, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject-matter of this Agreement
Thank you for taking the time to read the agreements.