Last updated August 2nd, 2024

Sketchucation LLC. has created this privacy statement to demonstrate our commitment to your privacy. The following discloses our information gathering and dissemination practices for the website sketchucation.com. Sketchucation LLC. reserves the right to change this privacy statement at any time.

System Information

We use your IP address and browser type to help diagnose problems with our server and to administer our website. This information is used to gather broad demographic information for operation of the website and to maintain the quality of Sketchucation's services.

Cookies

A “cookie” is a small piece of data that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies do not damage your computer. We use cookies to help us provide personal services and to allow you to sign-in to our site without having to enter your name and password each time (so called "sesion cookies"). Our site uses cookies to keep track of logins, and we may also periodically use cookies as a placeholder for a specific method or process in our system. You may have the ability to accept or decline cookies on your browser. If you choose to decline cookies, you may not be able to fully experience this website.

Customer Identifiable Information

Certain functions on this site require users to give us certain contact information. This information is used to help us serve you better; it is shared within our organization but not with third parties. SketchUcation may use this information to contact you to inform you of activities important to the organization. Also, members of any groups in which you affiliate may also contact you about the activities of that group.

Internal Use of Information

Our site provides a mechanism for people to send feedback and request more information. This information is not uniquely stored, but may be aggregated with other data to ensure that we properly meet users’ expectations and have the necessary resources planned to accommodate future growth. The person’s contact information is also used to get in touch with the user when necessary. This information is not shared with third parties outside the organization.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. This site uses a combination of firewalls, packet filters, security patches, monitoring software, and advanced cryptographic software in conjunction with a secure sockets layer to ensure your personal data is secure from unauthorized access. Only certain employees or volunteers have access to the information you provide us. For example, we impose strict rules on our employees or volunteers who have access either to the databases that store user information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration to data will not occur, we try to prevent such unfortunate occurrences.

Exceptions

While we strive to keep and protect our genuine members' privacy and private information, those who deliberately abuse our services acknowledge that their information may be publicly shared on different anti-abuse sites that gather, maintain and also publicly share this information with the widest audience of webmasters and forum management.

Contacting SketchUcation

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact our support team at support@sketchucation.com

Last updated August 2nd, 2024

Sketchucation LLC. and its affiliates and related companies (collectively "Sketchucation"), operate sketchucation.com. These terms and conditions set forth herein (the "Terms") constitute a legally binding agreement between Sketchucation and you ("You" or "Your") regarding the terms on which Sketchucation offers You access to its Web-shop and Service. Your use of the Web-shop or Service constitutes acceptance of these Terms. This End User License Agreement is an inseparable amendment of the general Terms of Service of the whole Sketchucation website and when there is conflict between the two, this End User License Agreement rules.

1. Definitions

1. "Content" refers to any material published at Sketchucation including but not limited to models, textures, plug-ins, scrap-books, collections, packages, materials, scripts, tutorials, mini-publications, books, shaders.
2. "Embedded Content" refers to Content that cannot be extracted from an application or product and used as stand-alone Content without the use of reverse engineering tools or techniques. For avoidance of doubt, Embedded Content is the use of Content that is not intended to allow further distribution of the Content outside of the application or product containing the Embedded Content.
3. "Member" refers to any person who creates a user account at Sketchucation.
4. "Service" refers to transmission, license, or purchase of Content to and from Sketchucation via the Sketchucation Website or any approved web portal either currently in existence or in the future.
5. "Sale" refers to a sale of license rights in Content or other property via Sketchucation, where the appropriate share of proceeds is received by an Author who published the Content.
6. "Author" refers to the submitting individual or business who publishes Content at Sketchucation.

2. License Agreement Between Author and Member

For any transmission of Content from an Author to another Member, whether the transmission was the result of a license or free download, the following terms apply unless more restrictive terms are specified in the area provided by Sketchucation for custom license terms:

Ownership

Unless explicitly provided for in custom license terms set forth in the area provided by Sketchucation and which must be subject to acceptance by Member before or at the point of sale, the Author retains, subject to any license agreement between the Author and Sketchucation, copyright in Content purchased or downloaded by any Member via Sketchucation.

License

Any license rights relating to Content For Sale via Sketchucation are contingent upon the transfer of money from the Member to the Author. All license rights terminate immediately and without notice if a sale is reversed for any reason.

Rights Granted

For any Authors who provide Sketchucation with any type of Content for free distribution or sale, the following terms apply:

Author hereby grants to Sketchucation, and by the act of delivering Content to us, grant a non-exclusive, worldwide, license in any medium now known or hereinafter invented to:

1. reproduce, sell and distribute net proceeds from any sale in whole or in part on Author’s behalf; and to publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes;
2. create and use samples of the Content for the purpose of demonstrating or promoting Author products or services or those of Sketchucation;
3. use any trademarks, service marks or trade names embedded in the Content in connection with Author material; and use the name and likeness of any individuals represented in the Content only in connection with Your material.

The Author grants to the Member who either purchases license rights to Content via a Sale or downloads freely available Content submitted by the Author, a non-exclusive, life-long, worldwide license in any medium now known or hereinafter invented to reproduce, post, promote, license, sell, publicly perform, publicly display, digitally perform, print or transmit for promotional and commercial purposes. The Member license to Content in this paragraph is limited to Embedded Content. Such use or republication, including sale or distribution of Content that is not Embedded Content is prohibited. For illustration, approved distribution or use of Content as Embedded Content includes, but is not limited to:

1. As rendered imagery (still or moving).
2. As purchased by a game’s creators as part of a game if the Content is contained inside a proprietary format and displays inside the game during play, but not for users to re-package as goods distributed or sold inside a virtual world.
3. As Content published within a book, poster, t-shirt or other item.
4. As part of a physical object (e.g. 3D printed) such as a toy, doll, or model.

Rights Not Granted

Absent a written grant of rights greater than that contained in paragraph 3 above, all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Author. Member understands and agrees that Member is prohibited from:

1. resale or redistribution by the Member of any Content obtained from Sketchucation, whether For Sale or freely available for download, whether part of a Sale or not, unless it is used as Embedded Content as licensed above.
2. selling, distributing, or licensing stock photography, model collection or stock media (or collection thereof) that features any Embedded Content, whether For Sale or freely available for download, through an online stock content clearing house / website;
3. any other distribution that would require a written grant of rights greater than that contained in paragraph 2.3 above. Member understands that all other rights or sub-divisions of rights generally included in copyright are excluded from this license and remain the property of Author.

Returned Content

In the event a Member returns any Content, whether acquired by Sale or freely available for download, all license rights granted herein terminate and the Member must immediately destroy any and all copies contained on any type of media under the control or possession of the Member.

3. License Agreement Between Author and Sketchucation

In addition to the above terms that apply to certain contexts, the following terms apply to all types of Content.

Ownership

Sketchucation does not claim any ownership over Content submitted by Author. Author retains ownership of the copyrights and all other rights in Author Content, subject to the non-exclusive rights granted to us under this agreement. Author is free to grant similar rights to others during and after the term of this agreement. Author can withdraw (delete, unpublish) Content any time during his partnership with Sketchucation.

Termination

The license grant contained in this agreement can be terminated using the guidelines below. Sketchucation reserves the right, notwithstanding the guidelines below, to terminate this agreement at any time and without notice if any Content submitted violates the representations and warranties of paragraph three below. This agreement may be terminated at any time by either party upon written notice via email or regular mail. Nothing in this agreement shall be construed to mean that an Author may not submit or delete Content from the material submitted by such Author as part of general maintenance of such Author’s account.

Representations and Warranties

Author represents and warrants that:

1. the Content is Your original work, and contains no copyrighted material of any kind that Author is not the exclusive owner of, including but not limited to: music and/or synchronization rights, images (moving or still) of any kind, writings of any kind, and model clearances/releases;
2. Author has full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement;
3. the Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights;
4. the Content does not and will not violate any law, statute, ordinance or regulation;
5. the Content is not and will not be defamatory, libelous, pornographic, obscene or evocative of racial hatred of any kind;
6. the Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data;
7. the Content does not contain any material that, as a condition of use, requires additional license restrictions such as requiring the publication of source code or Content that limits commercial exploitation of Embedded Content; and
8. all factual assertions that Author has made and will make to us are true and complete. Author agrees to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement.

Determining Type of Content

Sketchucation implements and maintains business practices which enable us to accurately categorize Content that Authors deliver to us. If Sketchucation makes an error in good faith, however and consequently exceed our license rights, Author’s sole and exclusive remedy will be for us to take all reasonable steps to promptly correct the error as soon as Sketchucation becomes aware of the error.

Royalty Payments & Commission

Author will be entitled to a royalty of 60% (minus PayPal transaction fee deducted upon purchase by Member) of all proceeds from the Sale of Author’s Content. Author can request Payments monthly in case his/her balance reaches 100 USD. Upon Author's request for such payment, Sketchucation transfers the Payment via PayPal, to the Author's PayPal account. The remaining 40% of all proceeds from Sale’s is deducted by SketchUcation as a commission. In any case Sketchucation wishes to grant any discount from the price set by the Author, we will use our commission to cover the costs of such discount and the Author receives the original share of his Royalty. Author hereby Authorizes Sketchucation to collect and distribute such royalties and commissions.

Confidential Information

As part of Author’s participation in Sketchucation, the Author may have access to certain reports, records, and other business information available only to Authors. Such information is the confidential information of Sketchucation and should be treated as confidential. Author should not disclose such confidential information and should use reasonable physical and electronic security measures to safeguard such confidential information.

Last Updated August 2nd, 2024

These Terms of Service ("Terms") govern your access to and use of the services and Sketchucation's websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Note that two, other documents form an inseparable but more specific part of these Terms:

• Privacy Policy
• End User License Agreement

Basic Terms

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Sketchucation and are not a person barred from receiving services under the laws of the European Union or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, regional, national, and international laws, rules and regulations.

The Services that Sketchucation provides are always evolving and the form and nature of the Services that Sketchucation provides may change from time to time without prior notice to you. In addition, Sketchucation may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Privacy

Any information that you provide to Sketchucation is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the European Union and/or other countries for storage, processing and use by Sketchucation. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Sketchucation account, which you may be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Sketchucation cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. We strive to moderate such messages but, under no circumstances will Sketchucation be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Sketchucation a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Sketchucation to make such Content available to other companies, organizations or individuals who partner with Sketchucation for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Sketchucation or other companies, organizations or individuals who partner with Sketchucation may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Sketchucation will not be responsible or liable for any use of your Content by Sketchucation in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Sketchucation gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Sketchucation as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sketchucation, in the manner permitted by these Terms.

Sketchucation International Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Sketchucation and its licensors. The Services are protected by copyright, trademark, and other laws of both the European Union and foreign countries. Nothing in the Terms gives you a right to use the Sketchucation name or any of the Sketchucation trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Sketchucation or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Please review the Terms to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Sketchucation, its users, third party copyright holders and the public.

Note: Sketchucation does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Sketchucation’s computer systems, or the technical delivery systems of Sketchucation's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Sketchucation (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Sketchucation (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Sketchucation is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Commercial Promotion

If you are a third party vendor and wish to promote your product on Sketchucation, you must first seek consent by the management of Sketchucation. There are several advertising possibilities and if you have any questions regarding further promotion, please, contact support@sketchucation.com who will be glad to answer them and provide any additional information. Any, unauthorised promotion will be immediately removed and after repeated attempts to make such promotion the associated user account will be terminated.

Sketchucation Refunds Policy

As a buyer, we want to make sure you are happy with each and every purchase you make at Sketchucation.

When you sign up for the Premium service, we charge you right away for the first period of your subscription. Unless you cancel in the meantime, your subscription will automatically be renewed at the end of your billing period.

Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid products including Premium Account subscriptions are nonrefundable after purchase and delivery.

Copyright Policy

Sketchucation respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion.

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Sketchucation and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Sketchucation will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Sketchucation has no responsibility or liability for the deletion of, or the failure to store or to transmit any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Sketchucation or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Sketchucation of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

To the maximum extent permitted by applicable law, Sketchucation and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Sketchucation has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Waiver and Severability

The failure of Sketchucation to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the Ireland and the European Union without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Ireland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed solely by the Laws of the European Union (without reference to conflict of laws) and, in the absence of EU law and to the extent permitted under EU law, the laws of Ireland (excluding choice of law).

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Sketchuca­tion and you regarding the Services (excluding any services for which you have a separate agreement with Sketchucation that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Sketchucation and you regarding the Services. Other than members of the group of companies of which SketchUcation is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time; the most current version will always be on sketchucation.com. If the revision, in our sole discretion, is material we will notify you via a Sketchucation update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. These Services are operated and provided by SketchUcation LLC., Barbane, Broadford, Co.Clare, Ireland. If you have any questions about these Terms, please contact us.