TERMS OF USE & Store Policies

TERMS OF USE & SUBMISSION POLICIES - Last Updated Oct 3. 2011

Introduction
Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Sketchoholic, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.Sketchoholic.com and www.Sketchozine.com as well as all elements, software, programs and code forming or incorporated in to www.Sketchoholic.com (the "Service"). This Service is operated by Sketchoholic, Inc. ("Sketchoholic"). Sketchoholic is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Sketchoholic website (the "Site"). If you choose to register as a member of our Service or purchase products from the Sketchoholic Shop, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").
Section I: General Terms
1. Availability
This Service is provided by Sketchoholic on an "AS IS" and "AS AVAILABLE" basis and Sketchoholic reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Sketchoholic is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
Sketchoholic has a firm commitment to safeguarding your privacy.
3. Trademarks
All brand, product and service names used in this Service which identify Sketchoholic or third parties and their products and services are proprietary marks of Sketchoholic and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Sketchoholic or any third party with respect to any such image, logo or name.

4. Copyright
Sketchoholic is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Sketchoholic are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Sketchoholic or the appropriate owner of copyright in such works. Sketchoholic does not claim ownership rights in your works or other materials posted by you to Sketchoholic (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

5. Reporting Copyright Violations
Sketchoholic respects the intellectual property rights of others and expects users of the Service to do the same. At Sketchoholic's discretion and in appropriate circumstances, Sketchoholic may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  3. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. External Links
Sketchoholic may provide links to third-party websites or resources. You acknowledge and agree that Sketchoholic is not responsible or liable for: the availability or accuracy of such websites or resources; or 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 Sketchoholic of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Sketchoholic be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

8. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Sketchoholic that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Sketchoholic does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Sketchoholic, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

9. Disclaimer of Warranty and Limitation of Liability
SKETCHOHOLIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SKETCHOHOLIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. SKETCHOHOLIC MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT SKETCHOHOLIC IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, SKETCHOHOLIC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF SKETCHOHOLIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SKETCHOHOLIC'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO SKETCHOHOLIC PURSUANT TO THIS AGREEMENT.

10. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Sketchoholic for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

11. General
These Terms constitute the entire agreement between Sketchoholic and you with respect to your use of the Service. Sketchoholic's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Sketchoholic shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Sketchoholic. These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.

12. Comments
If you have any comments or questions about the Service please contact us by email at info@Sketchoholic.com.

Section II: Additional Terms

13. Registration
To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

14. Password
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Sketchoholic of any unauthorized use of your password.

15. Submitting Content
Chat Rooms and Forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the Sketchoholic website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the Sketchoholic website, subject to your compliance with the Terms.

Artist Materials - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Artist Materials," for display on your user page. Prior to submitting Artist Materials, you must accept the additional terms and conditions of the Submission Policy further this document which is incorporated into, and forms a part of, the Terms.

16. Copyright in Your Content
Sketchoholic does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Sketchoholic a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Sketchoholic any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.

17. Monitoring Content
Sketchoholic has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.

18. Storage Policy
At this time, Sketchoholic provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Sketchoholic may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Sketchoholic's servers. Furthermore, you acknowledge that Sketchoholic reserves the right to terminate or suspend accounts that are inactive, in Sketchoholic's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, Sketchoholic shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Sketchoholic reserves the right to modify its storage policies from time to time, with or without notice to you.

19. Conduct
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

You agree not to use the Service:

  1. for any unlawful purposes;
  2. to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
  3. to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Sketchoholic or to facilitate the unlawful distribution of copyrighted content or illegal content;
  4. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
  5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  6. to upload, post, or otherwise transmit any material which is likely to cause harm to Sketchoholic or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
  7. for any commercial purpose, except as expressly permitted under these Terms;
  8. to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Sketchoholic by hyperlink and not to compete with Sketchoholic.

19A. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than Sketchoholic. Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without Sketchoholic's written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.

19B. Groups
As a registered member of the Service, you will also be able to participate as an administrator or member of a "Group" which is a set of user pages and applications formed for the purpose of collecting content, discussions and organizing members of the site with common interests. Further information about Groups can be found in our Etiquette Policy.

  1. You agree to participate in a Group on the basis of its own rules consistent with these Terms of Service, the conduct set out in paragraph 19, above, and such other rules created by us for Groups from time to time including with respect to the use of Groups for commercial activities.
  2. As an administrator or participant in a Group you acquire no ownership rights over the Group, the Group applications provided by us or over the right to conduct the activities of the Group.
  3. Any Content or Artists Materials submitted to a Group remain, as between the Group and the user submitting such content, the property of the person who submitted the content.
  4. Groups are managed by registered members of the Service and not by us. We are not responsible for the conduct of Group participants or administrators and will not interfere with the management or society of any specific Group or the rules it establishes for itself as long as they are consistent with these Terms of Service and our policies.
  5. Groups may not be used to collect personal data about participants in Groups without the participant's express permission.
  6. The Group application permits us to take appropriate action should intervention become necessary as a result of a violation of the Terms of Service or of any other of our policies. We can remove a Group and the Group's privileges at any time at our discretion.
  7. The use in a Group name of trademarks or distinctive trade names of properties, goods or services is subject to objections from the owner of the marks and names. Sketchoholic will respond to such objections by requiring an appropriate change in the name of the Group. The use of trademarks and trade names in Group names otherwise must be descriptive of Group activity or purpose. To avoid confusion and animosity, Groups wishing to name themselves after trademarked properties must include a further description in its name of the type of Group it expects to be such as "Master Photoshop Tutorials" instead of simply "Photoshop."

20. Suspension and Termination of Access and Membership
You agree that Sketchoholic may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Sketchoholic Site, in Sketchoholic's sole discretion, if you fail to comply with the Terms or applicable law.

21. Product Purchases from the Sketchoholic Shop
From time to time, Sketchoholic may make certain products available for purchase through the Sketchoholic Shop. For example, you may have the opportunity to purchase "Artwork" that a registered member has listed for sale through the Print Program.

All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.

In general, Sketchoholic accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact Sketchoholic at http://Sketchoholic.com/contactus.php and we will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Sketchoholic on returned items, and Sketchoholic will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at Sketchoholic's discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 21, ANY PRODUCT PURCHASED THROUGH THE SKETCHOHOLIC SHOP IS PROVIDED ON AN "AS IS" BASIS. SKETCHOHOLIC'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE SKETCHOHOLIC SHOP SHALL BE FOR SKETCHOHOLIC TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH.


SUBMISSION POLICIES
This is the agreement ("Agreement") between you as either an individual artist or as the legal authorized representative of a group artist ("Artist") and Madcap Media Inc. - its websites: Sketchoholic.com, www.Sketchozine.com, MadcapPublications.com, DailyTalent.com, OfficialAnimator.com, OfficialSculpture.com, Sketchobooks.com or “Madcap” concerning the uploading of Artist's audio, visual, audiovisual and other materials (the "Artist Materials" defined below) to the Sketchoholic.com website or any successor(s) websites and/or websites to which the contents in whole or in part of Sketchoholic.com are assigned (the "Madcap Site(s)") and concerning Madcap’s use of Artist Materials on the Madcap Site(s). If Artist is agreeing on behalf of a group artist or a group of artists then each reference to "Artist" in this Agreement refers to each member of the group or the group as a whole, as the case may be. Artist and Madcap acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Artist Materials and any former submissions of Artist Materials:
1. Term. The term ("Term") of this Agreement starts on the date that the Artist Materials are initially uploaded to any Madcap Site(s) and continues until either Artist or Madcap terminates this Agreement in writing, with or without cause or by the removal of Artist Materials for the purpose of termination all subject to the survival of certain undertakings in this agreement set out in paragraph 21 (f), below:
a) To the extent this Agreement is terminated by Artist, the rights granted in this Agreement will terminate only after Artist has removed all of his or her Artist's Materials from the Madcap Site(s) excluding those Artist Materials that cannot be removed by Artist (e.g. comments, contest image submissions, posted to Madcap), and Madcap has received notice of the removal. If this Agreement is terminated by Madcap, this Agreement will terminate when Madcap removes Artist's Materials from the Madcap website excluding comments and contest submissions posted to Madcap by Artist. If the Agreement is terminated in these ways, the parties agree to cooperate in providing an orderly termination of the relationship.
b) Artist can selectively terminate this agreement with respect to any individual work posted by Artist to Madcap by removing the posted work from Madcap and this selective termination with respect to an individual work will become effective when Madcap receives notice of the removal. If an Artist chooses to terminate the account, all of their information and work will be removed from its’ database with the exception of the contest submissions. All contest submissions are part of the website and the points structure of other members. As an artist and participant of contests held on Madcap Sites you agree to leave your contests and submissions intact as part of your profile, your personal information and other uploaded artist materials will be removed accordingly.

2. Acceptable Site Use. General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
3. Publishing in Magazines & Art Books. Our Publications: Sketchozine.com, Sketchobooks.com, OfficialAnimator.com, and 3dFxMagazine.are open and accessible to all artists, animators, designers, and photographers. Our Digital Publications and ART BOOKS are seen and distributed via the Web to employers, galleries, schools, game studios, film companies, and other creative studios around the world. Each person in our publications has the option of adding a 55 word biography and an additional portfolio URL. You never know what we'll select, so keep your Sketchoholic Profile updated with your latest work. These publications are available always on the Internet and by digital means on our websites. Each of the volumes may or may not be printed as a paperback and or hardcopy and sold through our online websites, external or third party websites and or through offline retail shops. Artists are sought out on a continuing basis through ongoing international calls for entries, chosen from our Contest winners and from our submissions. From these entries artists are selected purely on the merits of their work. In this manner, Sketchozine, OfficialAnimator, and 3dFxMagazine remain accessible and maintain a high standard of quality in the work represented. Artists are presented in the magazine in a few different formats. Some artists are selected for full sized articles about their work. These articles may be analytical or biographical and range from one to three pages. Artists featured in articles are also used to illustrate the front and back covers of the magazine. Other artists are represented and selected for image display pages. These pages are not formatted as articles, but simply with artwork and contact information. These display pages can be in the form of a double page spread, a single page, half page, or a small thumbnail. All artists featured have the option of listing their personal contact information at the end of the book within the Artist Index. Any video, reels, short film that is chosen to appear in our publications will have an assigned QR Barcode, which is linked with the video itself. In order to ensure proper management of our content, If need be you grant us permission to upload a duplicate of your video onto our channel for promotional purposes. At all times you and or the production company holds the rights and the copyright of the product. We can assure you that we mean no harm by directing viewers to the video on our channel and only wish to further promote everyone that partook in the making of the film, however we require limited promotional control of the content we screen for promotional purposes. The description of the film will credit production teams and persons. If you would like us to assign additional text to the description linking it to your original version, please provide us with the text and we will add it into the video on the youtube channel, youtube.com/Madcappublishing. There is no cost to anyone selected to appear in our magazines and printed books through the call for entries. In each issue 100 - 200 artists are selected by this method. We do reserve a few pages in each issue for artist and company advertising related to our particular niche. Talent not accepted to the magazine through the call for entries may be given the option of being promoted on our website.
Please follow these steps to finalize your image in our publication:
a. If you don't have one, create an account on Sketchoholic.com and add your profile. We require an approximately 55 word promotional biography for the artist index for the back of the digital magazines and printed art books, we copy this from your Sketchoholic profile. . It is recommended to place additional portfolio items on your profile as our readers will see the sketchoholic profiles first. Your Sketchoholic.com profile may have a much longer promo biography if you wish, but send us your 55 word book version in an email when you send us the high res image, your username on our site and the image details listed below.
b. Send your High Resolution Image to Madcappublishing@gmail.com. We Prefer JPG 100% Quality 300 DPI CMYK (if you have) Images, any size. RGB are also fine. Include what your considered profession is (ex. ILLUSTRATOR + PHOTOGRAPHER), Include tools used & length (ex. Tools: Photoshop, tablet, canon camera. Approx.10hrs to complete). If you have a facebook or twitter profile, please include it so we can properly promote you and remember to include your Sketchohlic.com/username and your Website if you have one.
c. Lastly, notify anyone else that was part of the making/shooting of the image. We want to credit the whole team involved. Please LIKE & SHARE our pages.
Please follow these steps to finalize your film/reel/video in our publication:
a. If you were part of the credits and you don't have one, create an account on Sketchoholic.com and add your profile. We require an approximately 55 word promotional biography for the artist index for the back of the digital magazines and printed art books, we copy this from your Sketchoholic profile. Your Sketchoholic.com profile may have a much longer promotional biography if you wish, but send us your book version in the email. It is recommended to place additional portfolio items on your profile as our readers will see the sketchoholic profiles first.
b. Provide us with a URL to the highest resolution version of your video on Vimeo or Youtube, if you do not have your final video online at this time please let us know so we can make other arrangements. Do not send us videos unless specifically requested by us. Please create a mini poster of your video with dimensions 1103 Width x 623 Height 300DPI JPG and attach the bio with the image to Madcappublishing@gmail.com. If we do not receive the mini poster, we will create one for you based on our disretion. Lastly provide us with the video details (ex. "Film Name (2011) 03:33 | 2d Animation - Comedy / Action) and the CREDITS exactly as you would like them printed in the publications.
c. Please LIKE & SHARE our pages so we can continue making books and promoting talent.
4. Ownership. Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to Madcap under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement.
5. License To Use Artist Materials. As and when Artist Materials are uploaded to the Madcap Site(s), Artist grants to Madcap a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
a) to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented;
b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ;
c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in Section 3(b); and
d) the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement.
e) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated.
f) During the Term, Madcap's licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the Madcap Sites.
g) As used in this Agreement, the term "Artist Materials" means any content uploaded to the Madcap Site(s) which may include without limitation Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all "skins," computer-generated images or other artwork or images that Artist submits to Madcap in any medium or format whatsoever.
6. Name and Likeness. Artist also grants to Madcap:
a) a worldwide, royalty-free, non-exclusive license to use Artist's name(s), group name, photograph and/or likeness(es) and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, and the Madcap Site(s)as described hereunder, during the Term;
b) Artist also agrees not to assert against Madcap any privacy, publicity, moral or similar rights held by Artist and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Artist Materials. Artist also agrees that any persons other than Artist appearing recognizably or otherwise in Artist Materials will not assert of any privacy, publicity, moral or similar rights) under the laws of the United States and any other country in connection with the exploitation of the materials as described in this Agreement; and,
c) To the extent that the Artist Materials contain the name(s), group name, photograph and/or likeness(es) and biographical materials of any other person, Artist hereby grants to Madcap a worldwide, royalty-free, non-exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, as described in this Agreement, during the Term.
7. Limitation Of Rights The rights and licenses granted to Madcap under sections 3 and 4 of this Agreement require Madcap to obtain Artist consent before Madcap makes any commercial agreement with anyone else to separately buy, license, re-sell or re-publish or commercially use any Artist Materials not in association with Madcap but as an individual work of art or as a group of works from a single Artist in isolation from any other works. No additional consent is required for any other licensed uses under this Agreement of Artist Materials either as part of the Madcap Site(s) or in connection with the distribution of content groups from the Madcap Site(s) and/or for uses of the Artist Materials made at the discretion of a visitor to the Madcap Site(s) or other users under agreements with Madcap. Madcap will contact Artist in writing about any individual commercial uses of Artist Materials instigated by Madcap.
8. Payment Unless otherwise agreed between Artist and Madcap in a writing from Madcap, the license granted to Madcap under this Agreement is royalty-free.
9. Commissions / Services & Gigs. Sketchoholic.com allows you to offer commissioned services on our site called Gigs. A Gig is a commission service offered by a Seller and purchased by a Buyer on Sketchoholic.com. Gigs range from simple sketches at $5 to large commissioned paintings for $1000. Sellers must have a minimum point balance before their sales options are enabled. Registration on our site is free. Transactions are processed via Paypal, By using this service you grant the Company permission to deduct a nominal 15% fee on all gigs to cover our hosting, bandwidth, tool and website development. Sketchoholic.com agrees to provide commision payments to Paypal on the completed transactions.

Members may not offer or accept payments using any method other than placing an order through Sketchoholic.om. Gigs are displayed on the Gigs page and on each member's public profile. They should be ordered using the 'Order Now' button and redirected to Paypal Page. Buyers are granted all rights for the delivered work, unless otherwise specified by the seller in the gig description or during the communication exchange. All sellers must fulfill all orders, and may not attempt to cancel orders intentionally. Seller and Buyer ratings are calculated based on feedback received after completion of transactions. Withdrawing revenues requires having a valid PayPal account. Please make sure that your PayPal account can receive incoming payments before withdrawing funds. PayPal's charges 2% of the total withdrawal sum, and up to a maximum of $1 when withdrawing revenues. Withdrawing $50 or more in one go will save you a little cash. You may update the Paypal Account on your Sketchoholic Account as many times as you'd like. By creating Gig and Store Items you agree to follow the terms of use and guidelines as outlined in this document, moreover you agree to not to hold The Company responsible for any satisfactory or unsatisfactory transactions (store sales or purchases, commission services/gigs purchased or sold) completed on Sketchoholic.com.
10. Representations and Warranties. Artist represents and warrants that:
a) Artist has the full right and power to enter into and perform this Agreement and to grant Madcap all rights to use the Artist Materials as contemplated in this Agreement, including, without limitation, the license grants in Sections 5, 6 and 7,
b) Artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement and to grant Madcap the rights to use the Artist Materials set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Artist Materials),
c) the Artist Materials (and Madcap's use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
d) all information that Artist has provided or will provide to Madcap is true and complete,
e) the Artist Materials do not and will not violate any law, statute, ordinance or regulation,
f) the Artist Materials do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws,
g) the Artist Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Madcap or any third party, and
h) if Artist or any member of Artist's group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.
11. Third Party Payments. Artist is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Artist Materials.
12. Indemnity. Artist agrees to defend, indemnify, reimburse and hold Madcap and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
a) Artist's use of the Madcap Site(s);
b) any breach or alleged breach of Artist's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; and
c) Artist's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Artist Materials as provided in this Agreement
13. Madcap's Performance. Artist acknowledges and agrees that the operation of the Madcap Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Madcap will not be responsible to Artist or others for any interruptions, errors or problems or even for an outright discontinuance of the Madcap service. There are no assurances whatsoever that any of the Artist Materials or any part or element of Artist materials will actually be used on the Madcap Site or if used will continue to be available for any particular time. Madcap has the right, in Madcap's sole and absolute discretion, to remove from the Madcap Site(s) at any time the Artist Materials or any part of them and/or to revoke any sublicense granted by Madcap to any affiliate or unaffiliated third party. Notwithstanding the foregoing, Madcap does not control the content of the Artist Materials and does not have any obligation to monitor the content of the Artist materials for any purpose or reason. Artist acknowledges that Artist is solely responsible for all content submitted to the Madcap Site(s) by Artist. The Madcap Site may be discontinued at any time, with or without reason and all Artist materials uploaded to Madcap may be removed and unavailable for recovery by any means. Artist and only Artist is responsible for maintaining at Artist's expense and in facilities owned or controlled only by Artist any and all original materials or so-called back-up copies of all or any part of the Artist Materials.
14. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MADCAP DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
a) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE MADCAP SITE, AND
b) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE MADCAP SITE AND ANY SERVICES PROVIDED BY MADCAP HEREUNDER. IN ADDITION, ALTHOUGH MADCAP INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE MADCAP SITE(S), AND WHETHER OR NOT MADCAP IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, MADCAP DOES NOT WARRANT THAT THE MADCAP SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE MADCAP SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
15. No Liability for Third Party Use. MADCAP DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST MATERIALS MADE AVAILABLE ON THE MADCAP WEBSITE BY THE ARTIST PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST MATERIALS BY A THIRD-PARTY, AND NOT FROM MADCAP. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS ARTIST MATERIALS FROM MADCAP (WHETHER OR NOT WITH MADCAP'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT ARTIST WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM MADCAP, AND THAT ARTIST WILL NOT HOLD MADCAP RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
16. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL MADCAP, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT MADCAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE MADCAP SITE(S). IN NO EVENT SHALL MADCAP'S TOTAL LIABILITY TO ARTIST UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $5. THE PARTIES ACKNOWLEDGE AND AGREE THAT MADCAP HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN ARTIST AND MADCAP, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES..
17. Copyright and Trademark Notices. Madcap, the Madcap logos and mascots, and the layout and design of the Madcap Site(s), among other marks that may appear on the Madcap Site(s) are trademarks of Madcap Media Inc., Corporation (the "Madcap Marks"). Other trademarks and service marks on the Madcap Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. Artist may not use any of the Madcap Marks without Madcap's prior written permission, and Artist may not use any third-party marks without the third party's prior written permission.
18. Miscellaneous.
a) Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE PROVINE OF ONTARIO WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED TORONTO, ONTARIO,CANADA., AND ARTIST AND MADCAP BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
b) Assignment. Madcap shall have the right to assign this Agreement in whole or in part to any person or business entity. Artist may not assign Artist's rights or delegate Artist's obligations under this Agreement without the prior written consent of Madcap.
c) Notice. All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to Madcap Media Inc., 387 Parklane, Ontario, L6H4J3., ATTN: Legal Department (fax 413.254.2564 ). Communications shall be deemed received:
1. for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt or refusal as indicated on the return receipt;
2. for Communications sent by personal delivery, on the date of personal delivery; and
3. for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt.
4. No other form of notice shall be accepted under this Agreement, other than the electronic notification for individual works under the circumstances specifically described in 1(b).
d) Entire Agreement. This Agreement sets forth the entire understanding and agreement of Artist and Madcap as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter.
e) Modification. Madcap reserves the right to amend the terms of this Agreement from time to time in its sole discretion. Madcap will notify Artist of any material changes to this Agreement by sending an email to the address listed in Artist's account. If Artist continues to upload Artist Materials after being notified of the changes to the Agreement, Artist will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Artist Materials. If Artist does not accept the new terms of the Agreement, Artist's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement.
f) Survival. The provisions of Sections 1, 5(e),6(b) 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 shall survive any termination of this Agreement. In addition, any sublicenses granted to third parties for the display of Artist Materials on electronic or other devices pursuant to Section 3 shall survive any termination of this Agreement for such reasonable time as may be necessary to withdraw Artist Materials from the particular license; any use of Artist Materials pursuant to Section 3 with respect to the making of so-called backup copies or caching of Madcap Sites or any equivalent activity or function for general site maintenance and protection shall survive any termination of this Agreement; and, Artist Materials consisting of comments posted to Madcap will remain as part of the Madcap database and available to all users of Madcap Sites following termination of this Agreement.