Society6 Terms of Service
Last Updated: October 17, 2023
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. BELOW, WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.
EXPORT CONTROLS NOTICE: BY PARTICIPATING IN THIS SERVICE, YOU REPRESENT THAT YOU ARE NOT IN A SANCTIONED COUNTRY OR A “SANCTIONED PERSON,” AS DEFINED BELOW, UNDER UNITED STATES LAW.
I. INTRODUCTION
Society6’s Services. Society6, LLC (“Society6” or “we” or “us” or “our”) provides a range of services, websites, and mobile applications that bring artists and customers together, allowing artists and parties authorized by artists (“Artists”) to display, promote, sell, and earn money from their artwork and content (“Works”), and customers to browse, comment on, and purchase products incorporating these Works (“Products”) from Artists (collectively, the “Services”).
You are entering into a binding agreement. By accessing and using our Services, you are entering into a binding agreement with Socety6 that includes: (a) these terms and conditions (“Terms”); (b) our Privacy Policy, which governs our collection and use of personal information; (c) our Copyright and Trademark Policy; (d) the terms and conditions governing the Artist Plans; (e) any other terms, conditions, or policies linked to in these documents; and (f) all other rules, policies, and procedures relating to the Services that we may publish from time to time. Therefore, please carefully review these documents. If you do not agree with the terms of these documents, you may not use our Services. If there is a conflict between these Terms and any other the terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.
You have authority to bind your company. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We may modify these Terms. We reserve the right, at our sole discretion, to modify these Terms (including any terms incorporated herein by reference), at any time and without prior notice. If we modify these Terms, we will post the modification of the Terms and update the “Last Updated Date”. If you have signed up to receive notifications from us, you will receive a notice. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only option is to cease using the Services. We encourage you to check back regularly to review these Terms.
We may modify the Services. We reserve the right to monitor, modify, or discontinue the Services, and to block, modify, publicly comment on, or delete any Works, content, or information submitted to the Services by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain, or correct any Works, artwork, content, or information on the Services.
Our Services are for 18+ only. The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
These headings are for convenience only. The bold headings in these Terms are for convenience only. The language that follows them is what’s binding and controlling.
II. ACCOUNTS
You may use the Services in accordance with these Terms. As long as you comply with these Terms and our policies, we grant you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the Services solely for their intended purpose.
Accounts. In order to include your Works on or purchase Products (other than users who use the guest checkout option), you must first create an account (“Account”) by completing our registration process. You may not select a username that is vulgar, offensive, obscene, or attempts to impersonate another person. You may never use another person’s Account.
You will provide accurate information. You agree to provide accurate, current, and complete information during the registration and checkout process and to update such information to keep it accurate. Society6 reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. We may from time to time ask you for additional identification information as may be required for regulatory or other reasons.
You will secure your password. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account. We may require you to change your password from time to time, including if we have reason to believe your password is no longer secure.
We may disclose information about your Account. Society6 reserves the right to access, retain, and disclose your Account information, artwork, and content if required to do so by law or we have a good faith belief that such access, retention, or disclosure is reasonably necessary to: (a) enforce these Terms; (b) respond to your requests for customer service; (c) respond to a legal notice, including by disclosing your Account information in response to a notice of infringement; (d) comply with legal process; or (e) protect the rights, property, or personal safety of our company, our users, or the public.
We may terminate your Account and access to our Services. If you breach any of these Terms, Society6 may suspend or disable your Account or terminate our agreement with you, at our sole discretion and without prior notice to you. We further reserve the right to revoke your access to and use of the Services at any time, with or without cause; provided, however, that terminating your Account without cause will not relieve any existing payment obligations we have to you. You may cancel your Account at any time from your Account Settings page. If your Account or access to the Services is terminated, any rights and licenses granted to you hereunder shall immediately terminate; only the provisions of these Terms that by their nature and context are intended to survive will survive. Within 90 days, we may remove access to your Account and any artwork therein, but in any event, we reserve the right to keep copies of your Account information, artwork, and content for internal purposes.
III. USER CONTENT & ACCEPTABLE USE
We may use content you post. Society6 may, in its sole discretion, designate areas of the Services in which users can post, upload, publish, or submit text, graphics, audio, video, images of works of art, or other content on or to the Services (individually or collectively, “User Content”). “User Content” excludes any images of Works submitted by Artists. By making available any User Content on or through the Services, you grant (i) to Society6: a worldwide, nonexclusive, transferable, royalty-free, commission-free license to copy, crop, reproduce, resize, publicly display, publicly perform, distribute, promote, broadcast, transmit, prepare derivative works based upon, and otherwise use and exploit such User Content on or through the Services in any form, medium, or technology now known or later developed, for the purpose of promoting Society6 and the Services, and (ii) to users: the right and license to access and view your User Content on or through the Services only in connection with such user’s authorized use of the Services. You reserve all other rights and licenses in and to any User Content that you make available on or through the Services.
Only Upload Content That You Own or Have The Rights To. You acknowledge and agree that you are solely responsible for any User Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available on or through the Services or that you have all rights, licenses, consents, and releases that are necessary to make available such User Content and to grant all rights and licenses in such User Content as granted under these Terms; and (ii) neither the User Content nor your making available any User Content on the Services nor any use of any User Content as permitted under these Terms will infringe, misappropriate, or violate any third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You have a limited right to use Society6 Content. Society6 may also make available through the Services text, graphics, audio, video, and images of works of art (collectively, “Society6 Content”), some of which is owned by Society6 (“Society6-owned Content”), and some of which is made available under license by a third party (“Society6-licensed Content”). Society6 authorizes you to download, view, and print Society6-owned Content solely for your personal use in connection with your authorized use of the Services and, if you are a user, in connection with exercising the rights granted to users under these Terms. For Society6-licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to expand, modify, restrict, or limit the scope of your rights as to such Society6-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Society6 or its licensors, except for the licenses and rights expressly granted in these Terms.
You will follow these content and use restrictions. Society6 is founded on respect for others, and we take this extremely seriously. You agree that you will not, either directly or indirectly:
Transfer your Account or Account information to another party without our prior written consent;
Create deceptive Accounts;
Post artwork, titles, tags, descriptions, or other content that is pornographic, obscene, offensive, profane, or depicts, promotes, or incites illegal activity, hate, abuse, discrimination, denigration, objectification, or violence, or otherwise violates our community standards, as determined by us in our sole discretion. Click here for our Community Guidelines;
Use, reproduce, copy, modify, adapt, prepare derivative works based upon, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer: (a) any portion of the Services, Society6 Content or other artwork or content made available through the Services other than your own artwork or content, without the owner’s express written permission; or (b) any Society6 copyrights or trademarks;
Frame, mirror, or otherwise simulate the appearance or function of the Services, Society6 Content, or any user’s Works or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any Society6 Content or Works transmitted through the Services;
Decompile, disassemble, or otherwise reverse engineer the Services, Society6 Content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services;
Interfere with any Society6 Content or another user’s Works;
Remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, Society6 Content, or any Works other than your own;
Upload, post, email, transmit, or otherwise make available any Work that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Post artwork, content, titles, tags, or descriptions that infringe on a third party’s copyright, trademark, right of publicity, or other intellectual property rights. Please see our Artist’s Terms and Conditions below and Copyright and Trademark Policy for further details.
Post artwork or content with inaccurate, deceptive, inappropriate, or offensive titles, tags, or descriptions;
Stalk, harass, or harm another person via use of the Services, including, without limitation, Society6 personnel;
Impersonate any person or entity, including, but not limited to, our employees, representatives, or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent;
Upload, post, email, transmit, or otherwise make available through the Services any unsolicited or unauthorized advertising, marketing, or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them;
Bypass any measures we may use to prevent or restrict access to the Services; or
Circumvent or manipulate our payment process or Artist Earnings.
Society6 has and enforces a “repeat infringer” policy. Society6 respects copyright law and expects its users to do the same. It is Society6’s policy to terminate, in appropriate circumstances, users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Society6’s Copyright and Trademark Policy for further information.
Society6 may enforce any violations. Society6 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Society6 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Society6 has no obligation to monitor your access to or use of the Services or to remove any User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Society6 reserves the right, at any time and without prior notice, to remove or disable access to any User Content, listings for Works, Society6 Content, or any other text, graphics, images, software, music, audio, video, information, or other content or material that Society6, at its sole discretion, considers to be objectionable, in violation of these Terms, or otherwise harmful to the Services.
IV. ARTIST TERMS AND CONDITIONS
Artist Subscription Plans. In addition to creating an Account, Artists are also required to select an artist subscription plan (an “Artist Plan”) in order to include their Works on Products. You can Click Here to find information on the plans and features.
Artists may submit only Works they own or control. Artists may submit Works in which they hold all necessary rights (as discussed below) that they desire to display on Products sold through the Services. As between the Artist and Society6, the Artist owns all and retain all rights in their Works.
Works must adhere to our Terms. In order for Society6 to list your Works, Artists must provide us with all the information we request. Artists must also comply with all other requirements and guidelines presented to them, including those contained in our Community Guidelines and Copyright and Trademark Policy which are incorporated by reference into these Terms. We reserve the right not to permit any Work that violates our Terms and policies, or for any reason at all. In addition to all other remedies available to us, we will not pay you any Artist Earnings (defined below) if you are found to be in violation of these Terms.
A note about “adult” Works. We like to think we have an artistic sensibility and view the human form as an entirely acceptable source of creative inspiration. However, all images containing nudity should be marked as mature when uploaded. Please use your best judgment.
It may take some time for your Works to appear. Artists acknowledge that it can take several hours (or up to 24 hours or more in some circumstances) for newly submitted Works to appear. The placement of Products in search and browse results is in Society6’s sole discretion and may be based on factors that include, without limitation title, keywords and price.
Artists and Society6 may remove your Products. Artists may use their Account to remove their Products from our Services. Society6 reserves the right to remove any listings, tags, titles, or descriptions for any or no reason. Society6 has no obligation to return to Artists or to host, store, retain, delete or display any designs, Works or Products that Artists upload.
Artists are responsible for their Works. As an Artist, you acknowledge and agree that you are solely responsible for all Works that you make available through the Services. With respect to these Works, you represent and warrant that:
you own all intellectual property rights in the Works and/or have obtained all authorizations and rights, including permission from any copyright or trademark owner or releases from any models or other individuals appearing in any Works, necessary for you to display, promote, sell, and earn money from the Works and Products incorporating the Works through the Services, and to convey all rights granted under these Terms;
the use of the Works as contemplated by these Terms, including to display, manufacture, promote, and sell Products incorporating the Works through the Services, does not and will not infringe the intellectual property or other rights of any person or entity including, without limitation, any copyright, moral rights, trademark, patent, right of publicity, or right of privacy, or cause Society6 to incur any additional fees;
the Works do not contain material that is false, inaccurate, misleading, incomplete, defamatory, libelous, obscene, pornographic, indecent, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable; and
the Works do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.
You grant us a license to use your Works. You hereby grant Society6 a worldwide, transferable, nonexclusive, royalty-free right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of your Works for the purpose of promoting and selling Products on and through our Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit, and broadcast copies of your Works in any form, medium, or technology now known or later developed for the purpose of promoting Society6 and the Services, including the incorporation of such works in any natural language or equivalent model used to support our user or artist experience. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Earnings (defined below), which is payable only upon the sale of a Product through a Sales Channel.
We may continue using your Works for a period after you remove a listing. If you remove a listing for a Work from the Services, Society6 and any Sales Channel party will have ninety (90) days to disable the public display of your Works. The license rights granted by you to Society6 with respect to such Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for Society6 and its assigns to fulfill any orders related to such Works initiated prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to Society6 with respect to using such Works to promote Society6 and the Services will remain in full force and effect for as long as necessary for us to fulfill any current obligations that require the use of the Work.
Artists are entitled to an “Artist Earnings” on sold Products. The Artist determines the sale price of Products incorporating the Artist’s Work that the Artist makes available for sale through our Sales Channels. For every Product incorporating an Artist’s Works that is sold through our Sales Channels, the Artist is entitled to be paid according to the formula and payment terms set forth in the Pricing & Earnings section of our Help Center (“Artist Earnings”). Unless otherwise stated or agreed upon in writing, all amounts will be paid in U.S. Dollars. Artists are responsible for paying all applicable taxes associated with their receipt of any Artist Earnings, as well as applicable fees, as specified below.
The retail price of each Product incorporating the Artist’s Works paid by the Artist’s customer is determined based on the base price of the Product charged by Society6 for the manufacturing of the Product plus a mark-up percentage set by the Artist. However, Society6 may from time-to-time run discount promotions on the platform that may result in the final price paid by the Artist’s customer being less than base Product price plus the mark-up percentage selected by the Artist. Examples of how an Artist’s net earnings on an individual sale are calculated are shown in the Pricing & Earnings section of our Help Center.
The Artist will receive a net payment equal to the Artist’s earnings from the Artist’s sales through Society6’s Sales Channels (generally, the Artist’s mark-up percentage multiplied by gross product sales less any applicable Society6 promotions or discounts applied to the Artist’s customer’s orders), less any additional fees (such as shipping and handling fees) or taxes charged or collected by Society6 as detailed in our Terms.
Artists are responsible for paying any applicable fees and costs, including shipping and handling fees. See the Pricing & Earnings section of our Help Center for more details.
IN THE EVENT THAT YOUR ACCOUNT IS SUSPENDED OR TERMINATED DUE TO YOUR VIOLATION OF THESE TERMS OR OUR POLICIES AS DETERMINED BY US IN OUR REASONABLE DISCRETION, YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY UNPAID ARTIST EARNINGS. IN ADDITION, WE WILL HAVE THE RIGHT TO REQUIRE REIMBURSEMENT OF ANY ARTIST EARNINGS PAID TO YOU WHILE YOU WERE IN BREACH OF THESE TERMS OR OUR POLICIES.
If you believe that any Artist Earnings has been erroneously withheld from you or that your Account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still unsatisfied or feel that you have not been treated fairly, please see the section below for Resolution of Disputes.
Taxes. You acknowledge that Society6 may withhold any sales, use, value added (“VAT”), goods and services (“GST”), income or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”) required to be withheld from the payments made to you. Artists must fill out appropriate Tax forms prior to any amounts being paid, as follows:
For an Artist living within the United States, a W9 Tax Form must be completed and signed and delivered to S6 as directed; and,
For an Artist living outside the United States, an appropriate W8BEN Tax Form must be completed and signed and delivered to S6 in accordance with the instructions and delivered to S6 as directed.
In addition, certain parties may be required to complete other tax forms prior to payment as directed by S6. Any obligation to pay an Artist absent the appropriate tax forms will be subject to the withholding of income tax as calculated by S6 in its discretion.
You give us permission to list your Products incorporating your Works through our sales channels. You hereby authorize Society6 to manufacture Products incorporating your Works on your behalf and to promote and sell your Works at the Price you determine as adjusted by promotions offered to optimize the performance of the marketplace through the Services and any other website, platform, or other online or offline sales channel authorized by Society6, including our international websites, third-party affiliates, wholesale partners, and third-party retailers (collectively, including the Services, “Sales Channels”). If a Product incorporating your Work is sold through a Sales Channel other than the Services (a “Third-Party Sales Channel”), the purchaser will be bound by any terms and conditions applicable to that Third-Party Sales Channel. However, as between you and Society6, these Terms will apply to such sale.
V. CUSTOMER TERMS AND CONDITIONS
You may order Products in accordance with our Terms. You may use the Services to order Products only in accordance with our Terms. All Products are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order. We reserve the right to correct any errors with an order, or to cancel an order and refund any amount charged. IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.
Generally, use of the Services is limited to orders for your personal use. If you are interested in buying large quantities of products, please contact our team.
Shipping and taxes are shown at checkout. Applicable sales taxes and shipping charges will be shown during the checkout process prior to finalizing your order. If applicable, VAT is included in the purchase price. Shipping charges include the estimated rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling. Title to products passes to you upon shipment. We endeavor to deliver all orders on schedule. However, we do not guarantee delivery dates, including because our shipping providers or suppliers may experience shipping delays or problems.
Purchases are subject to our Return Policy. Products purchased through the Services are subject to the terms and conditions of Society6’s then-current 30-day Return Policy. Products purchased through Third-Party Sales Channels are subject to the terms and conditions applicable to that Third-Party Sales Channel and any returns must be handled through such Third-Party Sales Channel. We comply with the applicable laws and regulations with respect to returns, exchanges and refunds in your jurisdiction.
Descriptions may not be 100% accurate all the time. While we strive to be as accurate as possible, we do not warrant that all Product descriptions, images, photographs, pricing or other information on the Services are 100% accurate, complete, current, or error-free. Weights and size dimensions are approximate. If a Product is not as described, your sole remedy is to return it in an unused condition in accordance with our Return Policy.
You have the right to use your method of payment. If you wish to make a purchase via the Services, you may be asked to supply certain information relevant to your purchase including, without limitation, a credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.
We don’t prescreen Works. We are not responsible for examining or evaluating Works, although we reserve the right to do so. You understand and acknowledge that you may be exposed to Works that you may find to be offensive, indecent or objectionable.
VI. MOBILE APP AND SERVICES
“Mobile Services” means certain software and services that are available via a mobile device, including the ability to: (i) upload data to the Services via a mobile device; (ii) use the Services from a mobile device; and (iii) access certain features through a mobile application provided by Society6 (‘Mobile Application”).
Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding Society6 and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. If you fail to comply with the obligation to promptly update your Account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.
Mobile Application. Subject to your compliance with these Terms, Society6 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile Application on a mobile device that you own or control and to run such copy of the Mobile Application solely to access the Mobile Services for your own personal non-commercial purposes. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
App Stores. You acknowledge and agree that the availability of the Mobile Application and the Mobile Services is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that these Terms are between you and Society6 and not with the App Store. Society6, not the App Store, is solely responsible for the Mobile Application and the Mobile Services, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application and the Mobile Services. You agree to comply with, and your license to use the Mobile Application and the Mobile Services is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Mobile Application and the Mobile Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.
Accessing and Downloading the Mobile Application from the Apple App Store. The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that: (i) these Terms are concluded between you and Society6 only, and not Apple; and (ii) Society6, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store terms of service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Society6 and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Society6.
You and Society6 acknowledge that, as between Society6 and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Society6 acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Society6 and Apple, Society6, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Society6 acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
VII. RESOLUTION OF DISPUTES
A. Governing Law and Venue
California law governs and the venue is L.A.. These Terms are governed by the laws of the State of California, without regard to conflict of law provisions. You and we expressly agree to adjudicate any claim or dispute between us arising from or related to the Terms or the Services exclusively by a state or federal court or arbitral tribunal located in Los Angeles County, California, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.
B. Informal Resolution Process
You agree to try to resolve Disputes without litigation. Prior to commencing any legal proceeding against us of any kind, including an arbitration as set forth below, you and we agree that we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to these Terms or the Services (each, a “Dispute” and, collectively, “Disputes”) by engaging in good faith negotiations. Such good faith negotiations require, at a minimum, that the aggrieved party provide a written notice by email to the other party specifying the nature and details of the Dispute. You should email your notices to legal@leafgroup.com. We will email our notices to the email address you provided to us. The party receiving a notice shall have (30) days to respond. Within sixty (60) days after the aggrieved party sent the initial notice, if the parties were unable to resolve their Dispute by email, the parties shall meet and confer in good faith by videoconference or by telephone to try to resolve the Dispute. If the parties still are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other remedy, so please do not forget to contact us first.
C. Agreement to Arbitrate
Disputes will be resolved through binding arbitration. Except as provided below, you and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration on an individual basis. Class actions and class arbitrations are not allowed. You may bring a claim only on behalf of yourself and cannot seek relief that would affect other users of our services. If there is a final judicial ruling that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with these Terms, then only that particular claim or request for relief may be brought in court. All other claims (or requests for relief) remain subject to this provision. Questions of arbitrability—that is, whether a particular claim is subject to arbitration—shall be resolved by an arbitrator in arbitration.
AAA or ICDR rules apply. If you are in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. If you are outside of the United States, the arbitration will be conducted by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures. The arbitration will be decided by a sole arbitrator. The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims. If traveling to Los Angeles is a burden, you may participate in the arbitration by videoconference, phone and/or document submission to the fullest extent allowable by the arbitrator. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.
Small claims court is an acceptable alternative. Instead of commencing an arbitration, you or we may also bring claims in your local “small claims” court if the rules applicable to that court allow it. Otherwise, the claims must be resolved by binding, individual arbitration.
The FAA governs. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision).
Injunctive relief may be sought in court to stop infringement. To the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights, or is seeking to vindicate public rights, both parties acknowledge that arbitration is not an adequate remedy. Under such circumstances, the aggrieved party may, without first engaging in arbitration or the informal dispute resolution process described above, bring a lawsuit solely for injunctive relief to stop the violation.
You have the right to opt out. You have a right to opt out of this agreement to arbitrate by sending an email to legal@leafgroup.com or by mailing us, postage prepaid, to Society6, 1655 26th Street, Santa Monica, California, 90404, Attention: Legal Department. Such opt out must be given within the earlier of thirty (30) days of approving your first purchase of products on the Services or your first upload of artwork to the Services or, if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.
You waive the right to bring a class action. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.
You waive the right to a trial by judge or jury. YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.
Limitation of Actions. You and we agree that, regardless of any statute or law to the contrary, any Claim must be filed within one (1) year after such Claim arose, or will be forever barred.
VIII. ADDITIONAL TERMS & CONDITIONS
Sweepstakes and Contests. Society6 may operate sweepstakes, contests and similar promotions through the Services (collectively, “Promotions”). You should carefully review the rules provided in connection with each Promotion in which you participate through the Services (“Official Rules”), as they may contain additional important information about Society6’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
Society6’s Intellectual Property. The Services, including the Society6 Content, are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Society6 and its licensors exclusively own all right, title and interest in and to the Services and Society6 Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Society6 Content.
We are not responsible for linked sites. The Services may contain links to third-party websites or resources. You acknowledge and agree that Society6 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) 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 Society6 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. Further, we are not responsible for the privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites.
We provide no warranty. THE SERVICES, SOCIETY 6 CONTENT AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SOCIETY 6 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SOCIETY 6 MAKES NO WARRANTY THAT THE SITE, SERVICES, SOCIETY 6 CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SOCIETY 6 MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SOCIETY 6 OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SOCIETY 6 DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF USERS OF THE SERVICES, NOR DOES SOCIETY 6 MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY USERS OF THE SERVICES. SOCIETY 6 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to indemnify us. You agree to defend, indemnify, and hold Society6, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your Works, User Content or use of the Services, including without limitation, your sale of any Products; (b) your (or anyone using your Account’s) breach of these Terms or any of our policies; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.
Our liability is limited. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Society6 Content and User Content remains with you. Neither Society6 nor any other party involved in creating, producing, or delivering the Services, Society6 Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Society6 Content or User Content, or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Society6 has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Society6’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, Society6 Content or User Content exceed: (i) if you are an Artist, the total payments made or credited to you by Society6 for the sale of Products incorporating your Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a user who has purchased Products, the total payments that you made to Society6 for such Products that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Society6 and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Notice for California Users. Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to New Jersey Users. The sections on indemnification and limitation of liability do not apply to New Jersey residents.
Users from Other Jurisdictions. The Services are controlled and operated by Society6 from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
Export Controls and Sanctions. You acknowledge and understand that the Services and the items made available through the Services, including the Products, are subject to U.S. export control and sanctions laws and regulations, including, without limitation, the Export Administration Regulations and the regulations, rules, and executive orders administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) (collectively, the “Export Controls and Sanctions Laws”). You represent that you are not a Sanctioned Person (defined below) and agree not to take any action that will cause Society6 or any other person to be in violation of any Export Controls and Sanctions Laws. For purposes of these Terms, “Sanctioned Person” means any government, country, corporation, or other entity, group, or individual with whom or which Export Controls and Sanctions Laws prohibit or restrict a U.S. person from engaging in transactions, and includes, without limitation, any individual, corporation, or other entity that appears on OFAC’s Specially Designated Nationals and Blocked Persons List or other lists maintained by OFAC or the U.S. Department of Commerce, as each such list may be amended from time to time. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Society6 and you regarding the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Society6 and you regarding the Services.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Society6’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Society6 may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Society6 via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted unless the sending party is notified that the email address is invalid. Alternatively, if applicable, we may give you legal notice by mail to the address provided during the PayPal verification process. In that case, notice will be deemed given three (3) days after the date of mailing.
No Waiver. The failure of Society6 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Society6. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Force Majeure. We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.
Contacting Society6. If you have questions about these Terms, please submit a request through our contact form.
