SyncSketch Terms of Service
(Last updated 06.28.22)

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT SECTION 23 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH SYNCSKETCH ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.

1. Acceptance of Terms of Service

Welcome to SyncSketch! SyncSketch, LLC owns and operates www.syncsketch.com and powers mobile, touch or affiliated websites or applications under our name and for our customers (collectively, the Site), and includes those that we have now or have in the future which refer to these Terms of Service. SyncSketch operates the Site to provide communication, collaboration, content sharing, and educational platform and related technology services to Users, each subject to any published instructions or policies (collectively, the Services).

By using the Site or Services, you agree to comply with and be legally bound by the terms, conditions, and restrictions of these Terms of Service (Terms). Please read these Terms, as well as our Privacy Policy and Cookie Policy carefully. Our Privacy Policy and Cookie Policy are available at https://unity3d.com/legal/privacy-policy and https://unity3d.com/legal/cookie-policy#cookies respectively, and are each incorporated by this reference into these Terms. If you do not agree to these Terms, including the incorporated documents, you have no right to obtain information from or otherwise continue using the Site or Services. If you (or your employer) have entered into a separate agreement with us, then these Terms will apply except where expressly superseded by that other agreement.

Individuals who use the Services are referred to as Users, and “you” and “your” refer to Users. If you access the Service or accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that legal entity and, in such event, you and your will refer to that legal entity. “We”, “us”, or “our” refer to SyncSketch. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

2. Modification

SyncSketch reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Site, Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the Last Updated Date at the top of these Terms. Modifications to these Terms will automatically take effect upon posting; provided, however, that material changes to the Terms will be effective as to an existing User thirty (30) days after posting. By continuing to access or use the Site after we have posted a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease accessing or using the Site and Services.

3. Eligibility

Except as expressly provided otherwise on the Site, the Services are intended for persons above the age to consent to processing in their region (e.g., 13 in the US, 16 in the EU, no minimum age in ANZ, etc.), however, you must be at least 18 to make purchases or submit content to SyncSketch. If you are under the age of 18 or whatever is the age of legal majority where you access the Services, you may purchase access to the Services only with the involvement of your legal guardian, and you represent and warrant that your legal guardian has read, understood and agreed to this Agreement.

4. About the Service; Registration

The Service allows Users to access various tools, features and communication options. To access and use the Services, you must register an account (Account). We offer two ways to create an account - direct registration using an email address, or registration via third party social networking sites.

Direct Registration: To create an Account by using your email address, follow the prompts on the Site. You agree to provide accurate, current and complete information during registration and keep it accurate, current and complete. You agree that you will safeguard your password and that you are solely responsible for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.

Registration via Third Party Service: You may also create an Account via certain third party social networking or communication services (each a Third Party Service or TPS) by following the prompts on the Site. You represent that you are entitled to disclose your TPS account login information to us and to grant us access to your TPS account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable TPS account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such TPS providers.

Linking TPS Accounts After Registration: After creating an Account, you may also thereafter link it to one or more TPS accounts, by either: (i) providing your TPS login information through the Services; or (ii) expressly authorizing us to access your TPS account, as is permitted under the applicable terms and conditions of each TPS. You represent that you are entitled to disclose your TPS login information to us and/or grant us access to your TPS account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable TPS and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

You acknowledge and agree that you are solely responsible for your Account, all Account information and your Content (defined below). You represent and warrant that any User Account information that you submit, as well as any Content you upload or share (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, tax requirements, licenses, rules and regulations that may apply to you and (b) not conflict with the rights of any third party.

PLEASE NOTE THAT, SYNCSKETCH CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY POSTED INFORMATION. SYNCSKETCH IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL USER-POSTED INFORMATION, INCLUDING COMPLIANCE WITH APPLICABLE LAWS, RULES AND REGULATIONS. ANY COMMUNICATIONS OR COLLABORATIONS WITH ANY OTHER USER ARE AT EACH USER’S OWN RISK.

5. Service Process

Users may use the Services to load or share Content and to collaborate with other Users. Content means text, graphics, images, music, software, audio, video, scripts, interactive features, information or other materials either created by a User or shared by a User on or through the Services.

You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any resulting damage or loss to you or any other party. SyncSketch does not provide any assurance or guarantees regarding any Content that you access on or through the Services. When you post Content, you represent and warrant that you have the right, power, and authority to post that Content and grant the licenses specified below. You further represent and warrant that by posting or providing such Content you will not violate third-party rights of any kind, including, without limitation, any copyrights, patents, trademarks, trade secrets, moral rights, rights of publicity, privacy rights, and other intellectual property and proprietary rights (collectively, Intellectual Property Rights). To the extent your Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such Content and that we may exercise the rights to your Content granted under the Terms without any liability or obligation for any payment.

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

The Services may include tools providing notifications to Users upon the occurrence of certain events, such as when other Users have engaged with your Content. You agree to allow such notifications, which may be sent by in-application push message, posting to your account or Dashboard, email, and/or text message.

6. Fees

You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an electronic invoice that we provide via the Services, unless otherwise indicated. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date

Taxes. All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so.

Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us.

Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required. We reserve the right to issue or retain discounts, refunds, or credits at our sole discretion. If we issue a refund, discount, or credit, we are under no obligation to issue the same or similar discount, refund, or credit in the future.

Our Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

7. Account Profiles

Users with an Account may create a public profile listing, and contribute additional Content visible to other Users. You understand and agree that the placement or ranking of your profile in search results may depend on a variety of factors, including User preferences, Content and rankings. Other Users will be able to see your profile.

8. No Endorsement

You understand and agree that SyncSketch is not involved in the communications by or use of the Service by Users, and that SyncSketch does not edit, modify, filter, screen, monitor, endorse or guarantee Content or the content of communications between Users.

Users are responsible for investigating and verifying to the extent they deem necessary the identity and credentials of other Users they interact with via the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User(s) or other third party(ies) who caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from, SyncSketch with respect to such actions or omissions.

9. User Affirmations, Conduct and Use

By using the Service, you represent, warrant and agree to the following:

SyncSketch will have the right to investigate and take action regarding violations of any of the above, including referral to legal authorities. SyncSketch may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.

You acknowledge that SyncSketch has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

10. Ownership; Licenses

The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Service, including the Site and all associated Intellectual Property Rights, are the exclusive property of SyncSketch and its licensors. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable right to (i) access and utilize the Services made available to you, and (ii) access and view any Content of other Users which you are permitted access through the Services. You represent, warrant and agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Content of other Users, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by SyncSketch or its licensors, except for the rights expressly granted in these Terms.

By making any of your Content available on or through the Services, you hereby grant to SyncSketch and to other Users who are permitted access, a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, to use, edit, view, copy, adapt, modify, distribute, host, market, transfer, display, perform, transmit, stream, broadcast, access, and otherwise fully utilize such Content on the Services (as the Services currently exist or may be developed in the future). When you send a link to any Content to another User, you hereby acknowledge that the foregoing license grant extends to such User. SyncSketch does not claim any ownership rights in any of your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content. For the avoidance of doubt, the license granted in this paragraph applies to your Content on the Service, and does not grant SyncSketch a license to use your Content on third party media services and applications except as may be authorized by you.

Any Content you make available through the Service will continue to be available unless and until you delete it or terminate your Account. We will work to remove deleted Content from the Services within 30 days from such deletion or termination. You may delegate permission to manage or remove your Content to another User.

11. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

SyncSketch's designated Copyright Agent to receive notifications of claimed infringement is SyncSketch, LLC, email: legal@unity3d.com, address:30 3rd Street, San Francisco, CA 94402. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

12. Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that SyncSketch is 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 SyncSketch. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

13. Advertisements

SyncSketch may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Service. By clicking on the advertisements, you may be shifted to a website of the advertiser or receive other messages, information, or offers from the advertiser. You acknowledge and agree that SyncSketch is not liable for the privacy practices of advertisers or the content of their websites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.

14. Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of SyncSketch used herein are trademarks or registered trademarks of SyncSketch. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

15. Termination

We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to the Service. Upon termination we will promptly remit to you any funds in our control that we reasonably determine are owed to you. You may cancel your Account at any time by contacting us or following the prompts on the Site. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services.

16. Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SYNCSKETCH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SYNCSKETCH MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

17. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR SERVICE REMAINS WITH YOU. NEITHER SYNCSKETCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SYNCSKETCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

18. Indemnification

You agree to release, defend, indemnify, and hold SyncSketch and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Site or Service, or your violation of these Terms; (b) your Content; (c) your violation of any third party right, including without limitation any Intellectual Property Right; or (d) any claim that your use of the Services caused damage to a third party. SyncSketch shall have the right to control all defense and settlement activities.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without SyncSketch's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SyncSketch may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

20. Notices

Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SyncSketch by posting to the website or via the application. For notices or communications by SyncSketch made by e-mail, if any, the date of receipt will be deemed the date on which such notice is transmitted.

21. Controlling Law and Jurisdiction

You agree that (i) the Site and Services shall be deemed solely based in California, and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over SyncSketch, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below.

YOU AND SYNCSKETCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.

22. Severability

These Terms are intended to govern the agreement between SyncSketch and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

23. Dispute Resolution Provision

“This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. With respect to all disputes related to this Agreement or the Services, you consent to the exclusive personal jurisdiction and venue of the state and federal courts of California. YOU AND UNITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.”

24. International Users

SyncSketch makes no claim that the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.

25. Feedback and Reporting Misconduct

We welcome and encourage you to provide feedback, comments and suggestions (collectively Feedback) for improvements to the Site. You may submit feedback by emailing us at support@syncsketch.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of SyncSketch and you hereby irrevocably assign to SyncSketch and agree to irrevocably assign to SyncSketch all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At SyncSketch's request and expense, you will execute documents and take such further acts as SyncSketch may reasonably request to assist SyncSketch to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

26. General

The failure of SyncSketch to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SyncSketch. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Certain Services features may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the website, application, Services, or content.

By registering an Account or by clicking to accept these Terms, you are deemed to have executed these Terms electronically, effective on the date you register your Account, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your creating of a Registered Customer account constitutes an acknowledgement that you are able and willing to electronically receive, download, and print these Terms, any amendments, and any agreements with other Users.

27. Notice to California Residents.

If you are a California resident, under California Civil Code 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

28. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between SyncSketch and you regarding the Service, and supersede and replace any and all prior oral or written understandings or agreements between SyncSketch and you regarding the same.

Disclaimer: The original, legally binding version of this document is written in English. If it is translated into other languages by non-native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version.

Copyright 2022 SyncSketch, LLC. All rights reserved.