Sketch Shark User Agreement
Updated January, 2018 By using the Sketch Shark.com web site (the “Website”) or establishing an account with Sketch Shark and using the Sketch Shark service (the “Service”), you agree to the following terms and conditions (the “Sketch Shark User Agreement”).
Importantly, although Sketch Shark is commonly referred to as an online marketplace, it is not a traditional “retailer.” Instead, Sketch Shark acts as a venue to match buyers and sellers. Sketch Shark is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers. As a result, Sketch Shark has no control over the items advertised, or the ability of sellers to sell items or the ability of buyers to pay for items.
“Your Information” is defined as any information you provide to Sketch Shark or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and Sketch Shark acts as a passive conduit for your online distribution and publication of Your Information. “Your Activities” include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), and email.
Sketch Shark’s goal is to make you happy. In the event a dispute arises between you and Sketch Shark, please email Sketch Shark at info@Sketch Shark.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
General Overview: Terms
You acknowledge that you must be 18 years or older to use this site or establish an account.
You acknowledge that you bear sole responsibility for keeping your password secure.
You agree not to use Sketch Shark for any illegal or unauthorized purpose.
You agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
You agree not to modify, adapt or hack Sketch Shark.com or modify another website so as to falsely imply that it is associated with Sketch Shark.
You agree not to solicit, harass or impersonate Sketch Shark members.
You agree not to transmit any worms or viruses or any code of a destructive nature.
Furthermore, while Sketch Shark discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.
General Overview: Conditions
Sketch Shark reserves the right to modify or terminate any service for any reason at any time, with or without notice.
Sketch Shark reserves the right to refuse service to anyone for any reason at any time.
The Service makes it possible to post images hosted on Sketch Shark to outside websites. This use is accepted. However, pages on other websites which display images hosted on Sketch Shark must provide a link back to Sketch Shark from each photo to its photo page on Sketch Shark.
Sketch Shark will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Sketch Shark, you agree to allow other Sketch Shark users to view them and you agree to allow Sketch Shark to display the images and content on Sketch Shark, or in emails from Sketch Shark, and store the images, item description, profile and other content.
All Sketch Shark graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Sketch Shark’s trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Sketch Shark’s services are free, but available only to individuals who can form legally binding contracts under applicable law. Sketch Shark’s services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Sketch Shark members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Sketch Shark. Further, you also agree not to transfer or sell your account (including feedback) or User ID.
Purchasing/Buyer Obligations and Guidelines
A buyer is obligated to complete the transaction of a purchase of an item on Sketch Shark in any shop within three (3) days. A buyer is obligated to immediately pay in full if using Pay Pall or Visa or Master Card or American Express or Cash on Delivery by clicking the payment button during checkout. A seller must abide by all of Sketch Shark’s policies and the seller’s own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller’s own individual policies when dealing other issues, for example, issues of damage . Buyers remorse is not a valid reason for requesting a refund from a seller. Prior to making a purchase, buyers should review all sellers policies regarding refunds, returns, and seller policies.
Listing/Seller Obligations and Guidelines
‘s Fees and Credit Policy
Changes to the Fees and Credits Policy and the fees for our services are effective after Sketch Shark provides you with at least fourteen (14) days’ notice of the changes by posting the changes on Sketch Shark. However, Sketch Shark may choose to temporarily change Sketch Shark’s Fees and Credits Policy and the fees for Sketch Shark’s services for promotional events (for example, free listing days) and such changes are effective when Sketch Shark posts the temporary promotional event on Sketch Shark. Sketch Shark may, at Sketch Shark’s sole discretion, change some or all of Sketch Shark’s services at any time. In the event Sketch Shark introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in $USD Unless granted an exception by Sketch Shark, Sketch Shark requires all seller accounts to provide a credit or debit card for the purposes of verification of their identity, and for payment of fees and services rendered. You are responsible for paying all fees associated with using Sketch Shark’s service and Sketch Shark and all applicable taxes. If a seller owes more than $3.00 USD in fees at the beginning of the month, they are emailed an invoice detailing the amount due. Payment for the amount due must be made in full within 30 days of the date on the invoice. Fees for our services will be described once they are determined.
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. Listings may not contain outbound links that direct users off of Sketch Shark.
All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer’s identity.
The price stated in each Sketch Shark Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item’s price prior to a sale for the purpose of avoiding Sketch Shark transaction fees, and hacking into another’s account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason. Sellers have up to 90 days from the date of the transaction to request refunds on the final value fees. Final value fee refund requests on transactions outside of 90 days will not be honored.
Third Party Content; Identity Verification:
You understand that the Sketch Shark, including Sketch Shark booth chat, acts only as a marketing platform and technical interface between users and that Sketch Shark does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Sketch Shark. Sketch Shark cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. You understand that you may be exposed to content that you find offensive to you, and that you use the Sketch Shark at your own risk. Please use caution, common sense, and practice safe trading when using Sketch Shark. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Sketch Shark, you agree to accept such risks and that Sketch Shark (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Sketch Shark Sketch Shark uses many techniques to verify the accuracy of the information Sketch Shark’s users provide to Sketch Shark when they register on Sketch Shark. However, because user verification on the Internet is difficult, Sketch Shark cannot and does not confirm each user’s purported identity. Thus, Sketch Shark has established a user-initiated feedback system to help you evaluate with whom you are dealing. Sketch Shark also encourages you to communicate directly with potential transaction partners through the tools available on Sketch Shark. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Prohibited, Questionable and Infringing Usage; Restricted Activities:
Access and Interference:
Sketch Shark may contain robot exclusion headers. Much of the information on Sketch Shark is updated on a real time basis and is proprietary or is licensed to Sketch Shark by Sketch Shark’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Sketch Shark for any purpose without our prior express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of Sketch Shark and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Sketch Shark.
Feedback Integrity; Feedback Export:
You may not take any actions that may undermine the integrity of the feedback system. Sketch Shark may, without prior notice, limit the number of purchases and listings, which you may place on Sketch Shark based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Sketch Shark. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Sketch Shark users, you agree that you shall not market or export your Sketch Shark feedback rating in any venue other than a Sketch Shark operated website.
Miscellaneous Terms and Conditions
SKETCH SHARK, SKETCH SHARK’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SKETCH SHARK’S SUPPLIERS PROVIDE SKETCH SHARK’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SKETCH SHARK, SKETCH SHARK’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SKETCH SHARK’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS.
Limitation On Liability:
IN NO EVENT SHALL SKETCH SHARK, AND (AS APPLICABLE) SKETCH SHARK’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SKETCH SHARK’S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). SKETCH SHARK’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SKETCH SHARK’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO SKETCH SHARK IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY,
YOU AGREE TO INDEMNIFY AND HOLD SKETCH SHARK AND (AS APPLICABLE) SKETCH SHARK’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
You agree to comply with all applicable domestic and international laws, statutes, ordinances
Sketch Shark User Agreement