Last Updated: August 6, 2014
Your access to and use of this Service is governed by these Special Service Terms and the Terms of Service (“Terms of Service”), which Terms of Service incorporate these Special Service Terms by this reference (collectively, “these Terms” herein).
I. MEMBERSHIPS AND SUBSCRIPTIONS
A. Subscription Plans.
- We offer one or more subscription plan(s) (each, a “Subscription Plan”) for free of charge or for a fee (e.g., “Premium Subscription”). The Subscription Plans and fees, if any, are described on the Service, and may be revised from time to time by us.
- In addition to these Special Service Terms, if you intend to join a paid Subscription Plan you may be subject to additional terms and conditions, which are incorporated herein by this reference (each a “Paid Subscription Plan”).
- Your Subscription Plan access to the Service is conditioned on your agreement and adherence to these Terms and, if applicable, to your fully paid membership and/or other fees (if any). Your Subscription Plan will be for the time period agreed to by you and us, and will automatically renew for indefinite successive renewal terms for the same period of time, unless terminated by you or us in accordance with these Terms. If you have a Subscription Plan, you may terminate such membership at any time for any reason (see “How to Contact Us” below). However, all Paid Subscription Plan fees, when paid, are non-refundable, except as set forth in these Terms.
- We may terminate, modify, revalue, or otherwise change the Site and/or any Subscription Plan features, functionality, element, fees and/or Entitlement in our sole discretion without advance notice or liability. If you are a subscriber of one of our Paid Subscription Plans and we make any such termination, modification, revaluation or other change that materially and adversely diminishes the value of your Subscription Plan in a way you don’t accept, then you can terminate your Paid Subscription Plan and we will provide you with either of the following at our sole discretion and determined as we deem reasonable (and the provision of same will be your sole and exclusive remedy for such changes): (i) a pro rata refund of your previously paid but unused Subscription Plan fee(s); or (ii) an online credit for future redemption of comparable value corresponding to the value of the diminished features.
B. Payments.
- You agree to pay for any Paid Subscription Plan on time via your account through a third party payment gateway such as PayPal, payment processor such as Mac App Store, or a payment service provider such as BlueSnap (each a “Payment Processor”), and you authorize the Payment Processor to charge your credit card, debit card or other designated account in advance of Paid Subscription Plan activation or renewal, for the fee(s) specified by us for your Paid Subscription Plan, regardless of whether or not you actually access or use the Service. Payment terms are subject to the terms of sale and other terms and conditions of the Payment Processor or Autodesk as applicable. You agree to pay all costs incurred by us and the Payment Processor with respect to collection of any past due amount, including legal and collection fees and costs.
- Unless otherwise specified by the Payment Processor, all fees are quoted and payable in United States Dollars. You are also responsible for paying all taxes applicable to your Paid Subscription Plan.
- You can only dispute any charge within ninety (90) days after such charge is made to your account. Otherwise, except as required by applicable law, any and all such complaints are waived by you.
II. HOW YOU AND OTHERS CAN USE YOUR CONTENT
A. Keeping Your Content Non-public. With respect to Your Content (e.g. drawings) that you edit using the Service, to the extent Your Content is saved by you on your local computer or mobile device, they are not uploaded to the Service.
B. Your Content Shared. If the Service has a feature which permits or requires you to post or share Your Content to one or more public area(s) designated for that purpose, including on our web site(s), then by uploading, posting, publishing, transmitting, displaying, distributing, emailing, saving, sharing or otherwise transmitting or making available Your Content to a public area of the Service or through the Service to another public location:
- Subject to these Terms, your right to use Your Content created or modified using the Service is outlined in the Entitlements Page for the Service, located at www.sketchbook.com/desktop
- You automatically grant to us and our sub-licensees (and warrant that the licensor of such rights has expressly granted to us and our sub-licensees) the worldwide, perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive, sublicensable (through multiple tiers) right and license to have Access to, store, display, reproduce, use, disclose, transmit, view, reproduce, modify, adapt, translate, publish, broadcast, perform and display (whether publicly or otherwise), distribute, re-distribute, transmit, save and use Your Content (in whole or in part) for any reason and/or purpose (whether commercial or non-commercial) by any and all means in any and all media, forms, formats, platforms and technologies now known or hereafter devised, invented, developed or improved in connection with the Service, Our Materials or our business generally. For example, the license granted by you pursuant to this Section includes, without limitation, the right and license to use all or part of Your Content: (1) in order to display, transmit, reproduce, distribute and/or redistribute it and/or to use and modify it for the fulfillment of any other User’s order; (2) for purposes of advertising, promotion, marketing and publicity purposes related to us, our partners, affiliates and/or sub-licensees, the Service, any third party e-commerce store or online service provider(s); (3) to make such changes Your Content as necessary to conform and/or adapt it for technical, business or legal reasons; (4) for purposes of providing, maintaining, repairing, protecting, organizing and/or otherwise administering or providing to you products, services and/or features on the Service; (5) in the ordinary course of our (or our designated third parties’) provision, improving and/or modifying of products and/or services, and/or (6) in order to extract, compile, aggregate, synthesize, use, and otherwise analyze all or any portion of Your Content and information, and to disclose such Content and information and the results of any such analysis in aggregated form consistent with our Privacy Statement.
- By publishing, sharing, or posting Your Content or otherwise making it available for other users to use, view or access through the Service, you grant to each other user of the Service a non-exclusive worldwide right to use, copy, display, share, distribute, rate, comment on, and publicly perform Your Content, in each case as permitted by the functionality of the Service. Such license is an agreement solely between you and the other user (as licensee) of Your Content. Nothing in these Terms or elsewhere authorizes you to grant any rights or licenses with respect to any of Our Materials, including any of Our Materials that may be attached to any of Your Content. The right to use Our Materials is governed by these Terms and your license of Your Content does not waive, alter, modify or amend any of these Terms or the limitations on use provided hereunder. Any additional rights for other Users to use Your Content is outlined in the Entitlements Page for the Service, located at
www.sketchbook.com/desktop.
III. HOW YOU CAN USE OUR MATERIALS
A. Our Materials: Your use of Our Materials (as defined in IV.B.), including without limitation, in the form of Software, 2D files, 3D files or other software that is owned, licensed, uploaded and available by us for download by or through this Service is limited to the object code of the Software and such use is governed by the terms of the License Agreement applicable to the Software. You may not download, upload, install or Access any Software that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement terms. If Software is made available from the Service, it is permitted solely for use by Users in accordance with the applicable License Agreement and to these Terms. Except to the extent expressly authorized under applicable law overriding any of the restrictions contained in this Section III(A), you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, decompile, reverse engineer, disassemble, separate, disassociate or attempt to derive source code from the Software. Without limiting the foregoing, copying, reproduction or redistribution of any of Our Materials (including any Software) to any other web site, server or location for further reproduction or redistribution is expressly prohibited unless such reproduction or redistribution is expressly permitted by any License Agreement accompanying such Software.
B. Other Restrictions; Conflicting Terms.
- Without limitation of these Terms (including, without limitation, the “Be Nice” Policy), this Service is not intended for the exchange of Sensitive Personal Information, and by using this Service, you agree that you will not include in Your Content any Content which violate(s) another’s rights and will not include any image of any individual from which his or her personal identity could be determined. In the event of any irreconcilable conflict or inconsistency between any of the terms and conditions of the Terms of Service and those of these Special Service Terms, the terms and conditions of these Special Service Terms will govern.
IV. OWNERSHIP RIGHTS
A. Your Content. As between you and us, you are the owner of Your Content. “Your Content” expressly excludes all of Our Materials (defined below).
B. Our Materials. Expressly excluding Your Content and any Third Party Materials, any and all materials issued and authorized by us and used in connection with the Service including, but not limited to, Content listed as “Licensed Under Autodesk Free Content License,” models, textures, images, image files, photos, motion files, collections, packages, materials, scripts, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, images and software (collectively, “Our Materials”) is the copyrighted work or other intellectual property of Autodesk, its subsidiaries, affiliates, licensors and/or suppliers. Nothing in these Terms should be construed to give you or anyone else any right, title or interest in any of Our Materials and, except as expressly set forth herein, any and all rights and licenses not expressly granted to you by these Terms are hereby expressly reserved by us. You and we do not intend to merge any of Our Materials and Your Content into inseparable or interdependent parts of a unitary whole, and no joint works are to be created or shall be deemed to have been created hereunder.
V. HOW YOU CAN CONTACT US
If have any questions regarding the Service or you want to contact us, please direct your communications as follows:
- MEMBERSHIP, ACCOUNT, ORDER, CUSTOMER SERVICE: For questions or issues about your account, order or membership, please contact us by e-mail at support@sketchbook.com
- COPYRIGHT INFRINGEMENT: For claims of copyright infringement, please contact copyrightagent@autodesk.com in accordance with Section 19.f. of the Terms of Service.
- OBJECTIONS TO CHANGES: If you do not agree to material changes we’ve made to these Terms, please provide written notification to license@autodesk.com pursuant to Section 19.g. of these Terms of Service, specifying the “Last Updated” date of these Terms with which you disagree, and what you disagree with.
- TECHNICAL QUESTIONS AND ALL OTHER INQUIRIES: For technical questions and all other inquiries, please visit support@sketchbook.com
