1. Preamble

Welcome to the SketchMaven.com site (the "Site") and our selling services (the "Services"). Any person who wants to access the Site and use the Services to sell items must accept the terms and conditions of this User Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS USER AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.

Sketch Maven, Inc. ("Sketch Maven") reserves the right to change any of the terms and conditions contained in this User Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this User Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING SKETCH MAVEN'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS USER AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

2. Eligibility

Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, email address, and valid credit card information. You represent that you have all requisite right, power and authority to enter into this User Agreement and perform your obligations hereunder.

3. Sellers' Listing Fees and Payment Terms.

Please review the Fee Schedule and Payment Terms conintained in the Help section for Marketplace listing fees. All listing fees are in U.S. dollars unless stated otherwise and are incorporated herein by reference. The Fee Schedule and Payment Terms may vary in the future. The Fee Schedule and Payment Terms in effect on the date of sale of the item shall govern the transaction. You should check the fees and terms each time you participate. Fees are only charged upon the sale of an item and will be netted from the total amount paid to the seller after the completion of the transaction.

4. Applicable Policies and Guidelines.

You agree to abide by the procedures and guidelines--outlined in this User Agreement. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the Help section to understand the current procedures and guidelines for participating and to be sure that the items you offer for sale can be sold on the Site. You will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking (to the extent available) and order status, and we may make any of this information publicly available. You will not send customers emails concerning shipping confirmation of products you sell (except that to the extent we have not yet enabled functionality for your account that allows payment to be processed on the basis of when shipment occurs, then you will send customers emails confirming shipment of products you sell in a format and manner reasonably acceptable to us). Promptly after shipment of a customer's order (or any portion of the customer's order), you will accurately inform us that the order has been shipped (and, in the case of a customer order that is shipped in more than one shipment, accurately inform us which portion of the order has been shipped), using our standard functionality for communicating such information when we make that functionality available to you ("Confirmation of Shipment"). If you fail to provide Confirmation of Shipment within the time frame specified by us (e.g., 30 days after the date an order was placed), we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us.

5. Sketch Maven's Role.

Sketch Maven provides a platform for third-party sellers ("Sellers") and buyers ("Buyers") to negotiate and complete transactions. Sketch Maven is not involved in the actual transaction between Sellers and Buyers and is not the agent of and has no authority for either for any purpose. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale and ensure any pre-loaded information regarding your item is accurate . As a Seller, you use the Site and the Services at your own risk.

6. The Sketch Maven Payment Service.

IN ORDER TO SELL ITEMS IN MARKETPLACE, YOU MUST REGISTER WITH SKETCH MAVEN AND USE THE SKETCH MAVEN PAYMENT SERVICE (the "Payment Service").

    a. The Payment Service facilitates the purchase of Seller items listed on the Site. A Buyer's authorized credit card payment ("Payment Transaction") is credited to a registered Seller's Account Summary, and funds are periodically transferred to the Seller's designated checking account ("Seller's Account"). The Buyer may authorize a Payment Transaction with any credit card or other form of payment accepted by Sketch Maven. The Payment Service helps facilitate Marketplace transactions and is not the purchaser of the Seller's goods. Seller will resolve any dispute directly with Buyer or with the assistance of the Sketch Maven Return Policy and not through the Payment Service. Seller must register online with Sketch Maven to use the Payment Service. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information) and to obtain an initial credit authorization from Seller's credit card issuer at time of registration.

    b. The Payment Service is available only to individuals and others who meet the terms of eligibility for the Sketch Maven online selling community, who have been issued a credit card by a United States bank, and whose applications are acceptable to Sketch Maven. Payment Transactions can be credited only to bank checking accounts in the United States. Sellers may also use the checking account provided to Sketch Maven for the Payment Service when making retail purchases on the SketchMaven.com web site, subject to Sketch Maven's Terms and Conditions for Payments from a Bank Account. Sellers waive any rights with respect to the Payment Service when shipping to an address other than that provided by the Payment Service.

    c. The Payment Service is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We will initiate Payment Transaction credits to Seller's Account only on the second and fourth Friday of each month.  The transaction amount will be inclusive of all prior transactions that have cleared on or before the Thursday prior to the transaction day.  A transaction will be defined as cleared if any of the following are true:
1. The order was inputted into Sketch Maven with a valid, confirmable, shipment tracking number for that processed order from a major carrier (USPS, UPS, FedEx)
2. The order has been marked as received via feedback being left by the buyer
3. The order is >30 days from the original transaction date and no negative feedback or concerns have been raised by the buyer
We will inform you of each completed transaction using our standard procedures. In addition, you can access your Payment Service transaction information online in your Seller Account. You may access the Seller's Transactions feature only with a browser that is compatible with the Payment Service, including any security features that are a part of the Payment Service.

    d. Sellers may provide refunds or adjustments to Buyers for their Marketplace purchases through the Payment Service using functionality we enable for your account.  This functionality may be modified or discontinued by us at any time without notice and is subject to the terms of this User Agreement. Sellers may not create invoices for Marketplace sales.
 
    e. Transfers to the Seller's Account will generally be credited within five Business Days of the date we initiate the transfer. On occasion, we may send Seller a paper check instead of an electronic credit to Seller's bank account. We will do so, for instance, if Seller's bank will not accept an electronic credit to Seller's Account.

    f. As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. We will not be liable to Seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a Buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.

    g. If we reasonably conclude based on information available to us that Seller's actions and/or performance in connection with the Services may result in Buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this User Agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any Seller actions and/or performance in connection with this User Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section.

    h. All notices will be sent by email or will be posted on the Site or by any other means then specified by Sketch Maven. We will send notices to Seller at the email address maintained in Sketch Maven's records for Seller. Seller will monitor his or her email messages frequently to ensure awareness of any notices sent by us. Seller will send notices to us using the functionality for contacting Sketch Maven provided in our Help pages.

    i. There is no fee for registering for the Payment Service. The fees for using the Payment Service in Marketplace listings are included in the Marketplace Listing Fees (which means there are no additional fees for use of the Payment Service). We may, in our sole discretion, waive, reduce, or reverse charges or fees for a specific transaction.

    j. We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyer and our bank account being debited to pay Payment Transaction credits to Seller. We reserve the right to seek reimbursement from Seller if we, in our sole discretion, decide to reimburse Buyer under the terms of the Sketch Maven Return Policy, provide a refund to Buyer if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from Buyer's credit card issuer for the amount of Buyer's purchase from Seller. We may obtain reimbursement of any amounts owed by Seller to Sketch Maven by deducting from future payments owed to Seller, reversing any credits to Seller's Account, , charging Seller's credit card, or seeking such reimbursement from Seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.

    k. Seller may terminate his or her participation in the Payment Service at any time by informing us using the standard method then-currently provided by Sketch Maven for such termination, and we may terminate Seller's participation in the Payment Service at any time without notice to Seller. Upon termination, Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be canceled.

    l. We reserve the right, upon termination, to set off against any payments to be made to Seller, an amount determined by us to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to Buyers in connection with Marketplace purchases from Seller's Account for a prospective three-month period. At the end of such three-month period following termination, we will disburse to Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from Seller via any of the means authorized in Section 5.j. above for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to Buyers, as applicable.

7. Sketch Maven Reservation of Rights.

Sketch Maven retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. Seller will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, Seller will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). Seller will refund any customer (in accordance with this User Agreement) that has been charged for an order that we stop or cancel.

8. Sketch Maven Participation.

Employees of Sketch Maven and its affiliates are permitted to participate in their personal capacity (i.e., not as Sketch Maven employees, representatives, or agents of Sketch Maven or its affiliates) in the transactions conducted through this Site Employees of Sketch Maven and its affiliates, when participating in any transaction in their personal capacity, are subject to this User Agreement and the same procedures and guidelines contained in the Help section as any Buyer or Seller on this Site.

9. Secret Shoppers. 

At Sketch Maven’s discretion, we will enlist independent, “secret shoppers” who will buy products from Sellers and sell to Buyers on the site.  The secret shoppers’ role includes, but is not excluded to: testing functionality on the site, giving suggestions to improve the user experience, and documenting Buyer and Seller behavior.  When the secret shopper acts as a Seller, no preferential treatment in Search queries or Showcase listings will be given to the secret shoppers.

10. Your Transactions.

    a. For sales where a Seller lists goods at a fixed price ("fixed price sales"), the Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller's terms. By listing an item in a fixed price sale, Seller represents and warrants to prospective Buyers that Seller has the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.

    b. For fixed price sales, Seller will determine the purchase price for each item he or she lists on the Site via and subject to SketchMaven.com's standard functionality for listing the purchase price, provided that Seller must abide by the same procedures and guidelines contained in the Help section with respect to pricing.
    
    c. For fixed price sales, the Buyer who chooses to purchase a product for a Seller is entering into a contract with the Seller which states that the Buyer is willing and able to purchase the item(s) at the listed purchase price from the Seller in accordance to the User Agreement at Sketch Maven.

    d. For Make Me an Offer Sales the Seller will be able to reject any offer given by a potential Buyer with no obligation.  If the Seller chooses to accept the offer, the Seller must abide by all the rules and regulations of a fixed price sale.

    e. A Buyer can label any item not already for sale on the website as “Wanted to Buy”.  When doing so, the Buyer is listing a price for which the Buyer is interested in purchasing an item.  This is a no obligation offer and the Buyer is not obligated to purchase the item until the Buyer agrees to a transaction.  Then the Buyer must follow the rules of a fixed price sale.

   f. In a “Wanted to Buy” transaction, if an agreement is made at a certain price, the Seller will continue the transaction following the rules of a fixed price sale.

11. Buyer and Seller Obligation.

By entering into this User Agreement and posting a listing for fixed price sale, both the Buyer and Seller agree to complete the transaction as described by this User Agreement. Both the Buyer and Seller acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

12. Sales, Use, or Similar Taxes.

Buyers and Sellers agree that it is the both the Buyers and Sellers responsibility to determine whether sales, use, or similar taxes apply to the transactions and to collect, report, and remit the correct tax to the appropriate tax authority. You also agree that Sketch Maven is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction.

13. Returns and Refunds
   a. Sketch Maven’s Return Policy
We want you to buy with confidence anytime you purchase products on the SketchMaven.com website. That is why we have developed the following return policy for Sellers to follow.  If a Seller chooses not to follow the Standard Sketch Maven return policy, the Seller must clearly state their policy which will be available for review on any item page being sold by the Seller.

  b. Standard Sketch Maven Return Policy
Unless another return policy is indicated on the item, products sold by Sketch Maven are covered by the following Standard Return Policy.

All products covered under this Standard Return Policy are backed by a 14-day Money Back Guarantee. You may return the item(s) to the Seller within 14 days of your purchase or 7 days after receipt of the item (whichever is later) for a refund FOR ANY REASON. Please note that the original and return shipping and handling charges will NOT be refunded or reimbursed under any circumstances.

To initiate a return, simply send an email to: returns@sketchmaven.com with the order number and item information.  Sketch Maven will respond with the information needed to return the product.  DO NOT RETURN TO THE SELLER WITHOUT EMAILING SKETCH MAVEN FIRST AND RECEIVING THE PROPER DOCUMENTATION TO RETURN THE ITEM.

   c. Seller’s Rights Under a Sketch Maven Return Policy
If the Seller agrees to abide by the Standard Sketch Maven Return Policy, the Seller agrees to surrender all funds related to the sale of the item being returned.  The seller will retain the original shipping stipend, per the Payment Terms.  The seller agrees that the surrendering of funds related to sale may come from the withholding of funds from future sales or a charge to the credit card listed on the account.  Sketch Maven will decide upon the method at its own discretion and will notify the seller 48 hours before the surrendering of funds occurs.

   d. Buyer’s Rights Under a Sketch Maven Standard Return Policy
If the Buyer initiates a return and receives approval for the return, the Buyer should expect a credit to the source of the Buyer’s original payment (credit card, PayPal, etc) within 14 days of the initiation of the return process.

  e. Other Return Policies
If the Seller chooses a return policy other than the Standard Sketch Maven Return Policy, it is the Seller’s responsibility to ensure that the terms are clearly stated on any item page.  By initiating a purchase the Buyer agrees to those terms as stated by the seller.  Both parties then agree to follow those terms in the transaction.

  f. Sketch Maven Buyer Protection Program
All purchases made on Sketch Maven are covered by the Sketch Maven Buyer Protection program.  If the buyer has not received the purchased item more than fourteen days after the initial order date or the item has been received but it is not as originally described, the buyer is eligible for this program.  To participate, the buyer should begin by contacting Sketch Maven by instant message from the Sketch Maven website or by email to support@sketchmaven.com or buy phone at 408.372.6642. Sketch Maven will work on the buyer's behalf with the seller and if the product is deemed to be missing or in some way overtly misrepresentative of the original posting. Sketch Maven will refund the buyer its purchase price plus any additional shipping incurred (the buyer will likely be required to return the item to the seller which will incur this reimbursable shipping costs).  This decision that the item is missing or misrepresentative will be made at the sole discretion of Sketch Maven.  Sellers who sell misrepresentative items on Sketch Maven will have their items returned at their own expense and will not receive any sales revenue from the transation.  These sellers may be asked to cease doing business on the website, at the discretion of Sketch Maven.

14. Password Security.

Your password may be used only to access the Site, use the Services, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.

15. Illegal Activity.

    a. Compliance with Laws; Fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Sketch Maven will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

    b. Investigation. Sketch Maven has the right, but not the obligation, to monitor any activity and content associated with this Site and investigate as we deem appropriate. Sketch Maven also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to: issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings. Sketch Maven reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.

    c. Disclosure of Information. Sketch Maven also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Sketch Maven's systems and customers, or to ensure the integrity and operation of Sketch Maven's business and systems, Sketch Maven may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
    d. Pornographic Material.  Sellers may not post or sell any material that may be deemed as “pornographic”.  The term “pornographic” includes but is not excluded to any images, pictures, or written text showing or describing graphic sexual situations. Pictures displayin sparing or “artistic” nudity or language will be allowed on the site but must be flagged as “adult” content when uploading. Ultimately what is deemed as “pornographic” will be the sole decision of Sketch Maven.

16. Privacy; Use of Sketch Maven Transaction Information.

    a. Read the SketchMaven.com Privacy Policy. The Privacy Policy may be changed by us in the future. You should check the Privacy Policy frequently for changes. Sketch Maven and its affiliates may communicate with Sellers in connection with Sellers’ listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the Site or by any other means. When Sellers use the Site, some personally identifiable information about you, including your feedback and the email address associated with your account, may be displayed on the Site and may be viewed by potential buyers.

    b. You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or information acquired by you or your affiliates from Sketch Maven or its affiliates (or otherwise) as a result of the User Agreement, the transactions contemplated hereby or the parties' performance hereunder (collectively, "Sketch Maven Transaction Information"), except you may disclose this information as necessary for you to perform your obligations under this User Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information. The terms of this Section 14(b) do not prevent you from using other information that you obtain separately from the Sketch Maven Transaction Information, even if such information is identical to Sketch Maven Transaction Information, provided that you do not target communications on the basis of the intended recipient being a SketchMaven.com user.

17. No Warranties.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. SKETCH MAVEN MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

    a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

    b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;

    c. THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;

    d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

    e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SKETCH MAVEN.
    TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SKETCH MAVEN DISCLAIMS ANY AND ALL SUCH WARRANTIES.

18. General Release.

BECAUSE SKETCH MAVEN IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE SKETCH MAVEN (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

19. Indemnity/Limitation of Liability.

    a. Indemnity and Defense. Sellers will defend, indemnify and hold harmless Sketch Maven and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of Sellers’ representations, warranties, or obligations set forth in this User Agreement; or (ii) Sellers’ website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

    b. Limitation of Liability. SKETCH MAVEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USER AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

20. Applicable Law.

The laws of the state of Delaware govern this User Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with Sketch Maven or its affiliates relating in any way to these terms and conditions or your use of the Services in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in New Castle County, Delaware, and you consent to exclusive jurisdiction and venue in such courts.

21. Disputes.

Because Sketch Maven is not the agent of either Seller or Buyer for any purpose, Sketch Maven will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. Sketch Maven urges Sellers and Buyers to cooperate with each other to resolve such disputes.

22. Sellers’ Grant.

By entering into this User Agreement and listing an item, Sellers grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content Seller submits to Sketch Maven and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the Site) through which the Site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; however, that nothing in this User Agreement will prevent or impair our right to use without your consent the content and any other materials provided by Sellers, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). Sellers represent and warrant that you own or otherwise control all of the rights to the content you submit to Sketch Maven and its affiliates, and that the use of such materials by Sketch Maven and its affiliates will not infringe upon or violate the rights of any third party. 

Please note the primary intent of this section is for Sketch Maven to be able to use your images in advertising and promotional materials to help sell your products and promote the website.  We will never reproduce your images, nor legally can we, for direct monetary gain on things like t-shirts, for prints, etc.

23. Termination.

Sketch Maven, in its sole discretion, may terminate this User Agreement, access to the Site or the Services, or any current fixed price sales immediately without notice for any reason. Sketch Maven, in its sole discretion, also may prohibit any Seller from listing items for fixed price sales.

24.General Provisions.

    a. Entire Agreement. This User Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy and Conditions of Use, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.

    b. No Agency; Third-Party Beneficiary. Sketch Maven is not the agent, fiduciary, trustee, or other representative of Buyers or Sellers. Nothing expressed or mentioned in or implied from this User Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this User Agreement. This User Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Sketch Maven, you, and relying Buyers or Sellers.

    c. Severability. If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

    d. No Waiver. We will not be considered to have waived any of our rights or remedies described in this User Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Sketch Maven's failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of Sketch Maven's right to subsequently enforce such provision or any other provisions of this User Agreement.