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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND THE SERVICES ‘’THE SKETCHING SHOP’’ OFFERS.

 

THIS AGREEMENT SETS FORTH THE LEGAL TERMS AND CONDITIONS OF USE FOR WWW.THESKETCHINGSHOP.COM (THE ''SITE'') AND ALL SERVICES PROVIDED BY THE SKETCHING SHOP’ ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "User" or "you") agree to be bound by this Agreement, including the additional terms and conditions and policies referenced herein and or other websites reached through this Site. This Agreement applies to all users of the Site, including but not limited to users who are suppliers, customers, merchants and contributors of content, information and other materials or services on the Site.

The Sketching Shop is a marketplace

 

The Sketching Shop acts as a marketplace to allow users, who comply with the policies of ''The Sketching Shop,'' to offer, sell and buy sketches at a fixed price.

 

The Sketching Shop is not directly involved in the transactions between buyers and sellers. Consequently, The Sketching Shop has no control over the quality, safety, morality or legality of any aspect of the listed items, the accuracy of information, the ability of sellers to sell sketches or the ability of buyers to pay your sketches. The Sketching Shop only screens sketches based on aesthetic criteria and their compliance with its policies. The Sketching Shop cannot ensure that a buyer or seller will actually complete a transaction.

 

Therefore, The Sketching Shop does not transfer the legal ownership of sketches from the seller to the buyer.

 

The Sketching Shop cannot guarantee the true identity, age and nationality of a user. We encourage you to communicate directly with potential partners through the tools available on the Site. You may also consider using one or more services that provide additional user verification.

 

 

You agree that The Sketching Shop is a marketplace and, as such, is not responsible for the content, data, text, information, usernames, graphics, images, photos, profiles, audio, video, articles and links posted by you, other users or third parties on The Sketching Shop. You acknowledge that use of The Sketching Shop service is at your own risk.

 

Eligibility

 

Age: The Sketching Shop's services are available only to, and may only be used by, individuals aged 18 and older who can enter into legally binding contracts under the applicable law. You represent and warrant that you are at least 18 years of age and that all registration information you submit is accurate and truthful.

 

The Sketching Shop may, at its sole discretion, refuse to provide access or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

 

Individuals under the age of 18 must at all times use The Sketching Shop's services only under supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for all activities.

 

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must comply with the policies of The Sketching Shop and any other operating rules, policies and procedures that may be published from time to time on the Site by The Sketching Shop, which can be updated by The Sketching Shop from time to time without notice:

 

 

Password: Keep your password in a safe place. You are fully responsible for any activity on your account. You are also liable for damages resulting from your failure to maintain the confidentiality of your password. You agree to immediately notify The Sketching Shop of any unauthorized use of your password or any security breach.

 

You further agree that The Sketching Shop will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password to any party other than The Sketching Shop without the written consent of The Sketching Shop.

 

Account Information: You must keep your account information up-to-date at all times, including a valid email address. To sell sketches on The Sketching Shop, you must provide and maintain valid payment information, such as a valid PayPal or Stripe account.

 

Account transfer: You cannot transfer or sell your The Sketching Shop account and username to another party. If you register as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

 

Right to refuse service: The Sketching Shop reserves the right, at its sole discretion, to cancel unconfirmed or inactive accounts. The Sketching Shop reserves the right to refuse service to anyone for any reason at any time.

 

Sales fees

 

- Becoming a seller and setting up a shop on The Sketching Shop is free.

 

- The Sketching Shop only charges a percentage of the selling price when a sketch is sold.

 

- The commission percentage on the selling price is 30% and payable only when a sketch is sold.

 

- The Sketching Shop's fee policy is subject to change.

 

 

Changes to The Sketching Shop's fees become effective 14 days after The Sketching Shop posts a notice on its website. However, The Sketching Shop may choose to temporarily change its fee policy for promotional events (e.g., a Mother's Day discount). Such changes become effective when The Sketching Shop announces a temporary promotional event on its website.

 

The Sketching Shop may, at its sole discretion, modify all or part of its services at any time. If The Sketching Shop has introduced a new service, the fees for the new service become effective upon the launch of the new service. Unless otherwise stated, all fees are in Canadian dollars (CAD).

 

You are responsible for paying all the applicable fees and taxes associated with using The Sketching Shop.

 

Fees and termination: If The Sketching Shop terminates a listing or your account, if you close your account or if the payment of your fee cannot be completed for any reason, you still must pay The Sketching Shop all unpaid fees (plus penalties, if applicable).

 

Registration and sales

 

Description: All sketches on The Sketching Shop must be hand-drawn originals. By posting a sketch for sale on The Sketching shop, you warrant that you and aspects of the sketches mentioned in the listing comply with The Sketching Shop's published policies.

 

You also warrant that you may legally sell the sketch. You must accurately describe your sketch and all the conditions of sale in your store on The Sketching Shop. Your listing may only include text descriptions, images and other content relevant to the sale of that sketch. All sketches must be listed in an appropriate category. Each sketch must have its own listing.

 

Store policy: Each seller must comply with the policies of The Sketching Shop. These policies cover, without limitation, shipping, returns, payments and the sales policy. The Sketching Shop offers a secure and unique shopping environment for its customers. Sellers must therefore comply with these specific policies.

 

 

Sales contract: Sellers are responsible for the accuracy of the information on the sales page of their sketches, and buyers are responsible for reading the description of the sketch on sale before proceeding with their purchase. All sales must be honoured. The seller must send the sketches within a reasonable timeframe to the buyer, except in exceptional circumstances, such as: (a) The buyer did not pay for the sketch or (b) The seller was unable to confirm the identity of the buyer.

 

Excessive fees or fee avoidance: The price stated in each listing must be the actual selling price. Given the nature of the sketch, the delivery fees will be calculated automatically by the delivery module of the shipper (such as UPS and Canada Post), taking into account the shipment and destination points. When the sketch requires special attention (e.g., for large sizes or special shapes), the cost of handling and packaging will be incorporated into the sketch selling price.

 

You cannot change the selling price once it is set to avoid paying The Sketching Shop commission.

 

Prohibited, questionable or infringing items and activities

 

You are solely responsible for your conduct and activities on The Sketching Shop and any and all data, text, information, usernames, graphics, images and photographs that you submit, post or display on The Sketching Shop.

 

Restricted activities: your content and your use of The Sketching Shop must not:

 

    Be deceitful, inaccurate or misleading

 

    Be fraudulent or involve the sale of counterfeit or stolen products

 

    Infringe on any copyright, trademark or other intellectual property.

 

    Violate this Agreement, the policy of the website or any laws.

 

    Be defamatory, libelous, threatening or harassing.

 

    Interfere with the activity or shop of a seller

 

    Take any action that may undermine public confidence

 

    Be obscene or contain child pornography

 

    Modify, adapt or hack a website to falsely imply that it is associated with The Sketching Shop

 

    Link directly or indirectly to websites or products that are prohibited under this Agreement or any other policy posted on The Sketching Shop.

 

Content

 

License: The Sketching Shop does not claim any ownership rights to your content. You grant a license to The Sketching Shop only to allow The Sketching Shop to use any materials you provide to The Sketching Shop. Therefore, The Sketching Shop does not violate the rights you may have to this content. You grant to The Sketching Shop a non-exclusive, worldwide, perpetual, irrevocable, sublicensable right (multilevel) to exercise the copyright, publicity and database rights (but no other rights) you have to the content or any media now known or currently unknown that, while respecting your content. You agree to allow The Sketching Shop store, translate and reformat your content on The Sketching Shop and display your content on The Sketching Shop in a manner chosen by The Sketching Shop.

 

During a transaction, you may obtain personal information, including email and shipping addresses, of another The Sketching Shop user. Unless you obtain prior authorization from the other user, this personal information should only be used for that transaction or communications with The Sketching Shop. The Sketching Shop has not granted you a license to use this information for unsolicited commercial messages. Without limiting the foregoing, you are not permitted to add any The Sketching Shop user to your mail list (email or physical mail) without the express consent of the user.

 

Re-posting of content: By posting content on The Sketching Shop, it is possible for an external website or a third party to re-post that content. You agree hold The Sketching Shop harmless for any dispute related to this use.

Information control

 

The Sketching Shop does not control the user-supplied content that is made available on The Sketching Shop. You may find some content to be offensive, harmful, inaccurate or misleading. There is also the risk of dealing with adults and underage individuals acting under false pretenses.

 

In addition, there may also be risks dealing with international trade and foreign nationals. By using The Sketching Shop, you agree to accept such risks and that The Sketching Shop (and its officers, directors, agents, subsidiaries, joint ventures and employees) is not liable for any and all acts or omissions of users on The Sketching Shop. Please use caution, common sense and safe online buying and selling practices when you use The Sketching Shop.

 

Conflict resolution

 

Disputes with The Sketching Shop : In the event of a dispute between you and The Sketching Shop, please contact The Sketching Shop. Any dispute arising from this Agreement shall be finally settled through arbitration in the Province of Quebec, Canada, using either English or French in accordance with the judicial arbitration and mediation rules and procedures in effect, by a commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The prevailing party in any arbitration or other proceeding under this Agreement shall be entitled to receive reimbursement for its reasonable expenses incurred in connection therewith (including reasonable attorney fees, expert witness fees and any other expenses). Judgment upon the award so rendered may be entered in a court exercising jurisdiction or application may be made to this court for judicial acceptance of any decision and an enforcement order, as the case may be.

 

For the purposes of this Agreement, the parties consent to exclusive jurisdiction and using the courts located in the Province of Quebec, Canada. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including but not limited to this section. You and The Sketching Shop agree that any legal action arising out of or related to the use of the Site (including but not limited to all services provided or made available therein) or this Agreement shall commence within one (1) year of the events in question; otherwise, such legal action is permanently barred.

 

Disputes with users or third parties: In the event of a dispute between you and any other user or third party, The Sketching Shop encourages you to contact the user or third party to resolve the dispute amicably.

If a buyer and a seller are unable to resolve a dispute arising from a transaction that occurs on The Sketching Shop, they can choose to participate in The Sketching Shop conflict resolution system to resolve the dispute. Cases are reviewed and arbitrated by The Sketching Shop. The Sketching Shop provides its dispute settlement process to the benefit of users. The Sketching Shop provides this benefit at its sole discretion, and The Sketching Shop has no obligation to resolve disputes between users or between users and third parties. To the extent that The Sketching Shop attempts to resolve a dispute, The Sketching Shop will do so in good faith based solely on the policies of The Sketching Shop.

 

You release The Sketching Shop (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to disputes with one or more users, or a third party.

 

The Sketching Shop's intellectual property

 

The Sketching Shop and other The Sketching Shop graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of The Sketching Shop Inc. in Canada and/or other countries. The Sketching Shop's trademarks and trade dress may not be used , including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

 

Liability limit

 

IN NO EVENT SHALL THE SKETCHING SHOP, AND (AS APPLICABLE) ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL , ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE SKETCHING SHOP'S SERVICES OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

 

THE SKETCHING SHOP'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE SKETCHING SHOP IN THE 12 MONTHS PRIOR TO THE LEGAL ACTION GIVING RISE TO LIABILITY, AND (B) $100. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

The Sketching Shop does not guarantee continuous, uninterrupted access to the Site, and the operation of the Site may be interfered with by numerous factors beyond the control of The Sketching Shop.

 

Legal compliance and taxes

 

You must comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any service of The Sketching Shop and, if applicable, your listing, purchase, solicitation of offers to purchase and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to your sketch purchases or sales on the Site (excluding any taxes on The Sketching Shop's net income).