We (the guys at Molimur) run a collaboration service called SketchTogether.com and would love for you to use it. We offer a limited evaluation period for customers to try (and a paid service for continued usage) that allows individuals to collaborate together and manage a library of sketches. Our service is designed to give you as much control and ownership over what goes on in your sketches as possible and encourage you to express yourself freely. However, be responsible in what you share with others and make available in public sketches. In particular, make sure that none of the prohibited items (things like spam, viruses, or serious threats of violence) appear on your sketches or get linked to from your sketches.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Molimur, acceptance is expressly limited to these terms. The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
Your SketchTogether.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Molimur of any unauthorized uses of your account, or any other breaches of security. Molimur will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You may use SketchTogether for your own purposes ("use" means accessing and executing the offered services and programs).
Use of SketchTogether can be anonymous within the scope of a visit or a trial run of the application. In the event of repeated use of the application, the user will be required to create a user account (referred to hereinafter as "Registration"). The Registration offers an improvement of the function (for free use) and is the basis for using pay services. Molimur also retains the right to delete anonymous content in the free domain at regular intervals and without indicating a reason for doing so.
Completion of the Registration process signifies a proposal on your part to conclude an agreement regarding the use of SketchTogether. Molimur will accept this proposal by setting up your user account. This acceptance will mean that the agreement between you and Molimur has been concluded.
In order to be able to register as a user, you have to provide personal information, which must be truthful. We recommend that you keep your password secret in order to prevent misuse. Each user may only register once and only create one user profile.
Responsibility of Contributors. If you create a sketch, create a folder, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines.
If you delete Content, Molimur will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Molimur has the right (though not the obligation) to, in Molimur’s sole discretion (i) refuse or remove any content that, in Molimur’s reasonable opinion, violates any Molimur policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Molimur’s sole discretion. Molimur will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors. Molimur has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Molimur does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Molimur disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SketchTogether.com links, and that link to SketchTogether.com. Molimur does not have any control over those non-SketchTogether websites and webpages, and is not responsible for their contents or their use. By linking to a non-SketchTogether website or webpage, Molimur does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Molimur disclaims any responsibility for any harm resulting from your use of non-SketchTogether websites and webpages.
Copyright Infringement and DMCA Policy. As Molimur asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SketchTogether.com violates your copyright, you are encouraged to notify Molimur in accordance with Molimur’s Digital Millennium Copyright Act (“DMCA”) Policy. Molimur will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Molimur will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Molimur or others. In the case of such termination, Molimur will have no obligation to provide a refund of any amounts previously paid to Molimur.
Intellectual Property. This Agreement does not transfer from Molimur to you any Molimur or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Molimur. Molimur, SketchTogether, SketchTogether.com, the SketchTogether.com logo, and all other trademarks, service marks, graphics and logos used in connection with SketchTogether.com, or the Website are trademarks or registered trademarks of Molimur or Molimur’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Molimur or third-party trademarks.
Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using SketchTogether.com within the designated notice period. Your continued use of SketchTogether.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination. Molimur may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SketchTogether.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Molimur and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Molimur nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Molimur, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Molimur under this agreement during the twelve (12) month period prior to the cause of action. Molimur shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Molimur, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous. This Agreement constitutes the entire agreement between Molimur and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Molimur, or by the posting by Molimur of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orange County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Molimur may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.