Date of Last Revision: September 4, 2024

ARBITRATION NOTICE/CLASS ACTION WAIVER: PLEASE REVIEW THESE TERMS OF SERVICE (“TERMS”) CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND SKILLSHARE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (INCLUDING CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. THESE TERMS EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

These Terms constitute a legally binding agreement between you and Skillshare, Inc., a Delaware corporation, and its subsidiaries, representatives, affiliates, officers, and directors, including its operating brand, Superpeer (collectively, “Skillshare,” “we,” “us,” or “our”) governing your use of Skillshare’s website and service, or services directly related to Skillshare’s website and service, including (without limitation) all websites, mobile applications, and other interactive properties through which such services are delivered, the Superpeer.com website, the Creatorsuite.com website, and Events (as defined in Section VI below) sponsored or facilitated by Skillshare (collectively, the “Service” or “Services”).

By accessing and/or using our Services, whether or not you register for a membership, you are agreeing to the Terms, the terms and conditions of our Privacy Policy, and any other legal notices or other rules, policies, and procedures relating to the Services that we may publish from time to time (collectively, the “Governing Documents”). Therefore, please carefully review these documents. If you do not agree, do not access and/or use the Services. If there is a conflict between these Terms and any other terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.

You can use these Services, at different times, as either a Student or a Teacher or both. When these Terms refer to “Teachers,” they specifically refer to those who use the Service to teach, advise, and/or mentor; upload classes or similar content; offer Events; offer content or items for sale via the Marketplace (as defined in our Digital Products Terms for Buyers or Sellers); or provide other similar services. This definition includes those who have the opportunity to earn payments from Skillshare, a Skillshare subsidiary, or a Skillshare partner for any such activity. When these Terms refer to “Students“ they refer to those who use the Service for any other purpose, including when you browse the Service, purchase content or other items for sale, or watch classes posted by Teachers. Unless otherwise specified, the use of “you” (or similar words like “your”) and “user” or “users” refers to both Students and Teachers, as applicable.

If you are a Teacher, your access to and use of the Service are additionally subject to the Teacher Rules and Requirements.

In these Terms, the words “including” and “include” mean “including, but not limited to.”

We may, at our sole discretion, modify these Terms at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications.

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.

Table of Contents

I. Account Terms

II. Subscriptions, Payments, and Cancellation

III. Prohibited Uses

IV. Our Materials and License to You

V. User Content

VI. Live Events

VII. Content Notifications and Content Moderation

VIII. Content Recommendations

IX. Arbitration Agreement

X. Class Action Waiver

XI. Disclaimer of Warranties

XII. Limitation of Liability

XIII. Indemnification

XIV. Sanctions and Export Laws

XV. How to Contact Us

XVI. Miscellaneous

 

I. Account Terms

Students and Teachers must be at least 18 years of age to create an account on Skillshare or any Skillshare owned or operated platforms and to use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the U.S. or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you watch or participate in classes or other content that is appropriate for you.

Additionally, the following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

• You must provide us with the following information in order to create a Skillshare account: an email address you control and use and your zip code. You must also provide us with valid credit card information. Creation of accounts for other Skillshare owned or operated platforms, if any, may require you to provide other information, which will be specified in the account creation flow of any such platform.
• You must keep all of your information up to date.
• You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
• Your account must be used by you alone. You may not share your account, your login information, access to your Skillshare membership, or any content contained on the Service with anyone else and you may not create an email alias for purposes of sharing your Skillshare membership with other individuals or groups. This rule does not apply solely where an organization has created a single account for the limited purpose of publishing class material on behalf of multiple Teachers, with the permission of each of those Teachers.
• You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Skillshare will not be liable for any loss or damage from your failure to comply with this security obligation.
• Your use of the Service is subject to all applicable laws and regulations. You will use the Service only for lawful purposes.
• Our Service may integrate with third-party tools to provide certain features or functionality. By using our Service, you agree to be bound by the terms of service and privacy policies of these third-parties, which may include YouTube, Vonage, Stream.io, and Mux.
• You will comply with our Community Guidelines whenever you use the Service, including during your participation in any Event (as defined in Section VI below) or Marketplace transaction.
• You will use any data associated with the Service in accordance with our Privacy Policy.
• By enrolling in a class, other content on Skillshare, an Event, or by engaging in a Marketplace transaction, you grant us permission to share your information, including personal data (as further specified in our Privacy Policy), with the Teacher offering the content or Event or participating in the transaction.
• You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf.
• You acknowledge that your use of the Services requires that you have hardware, software, and an internet connection fulfilling certain requirements. If those requirements are not met, you potentially may still use the Services, but it may be at a lower quality or performance. Such reduced quality or performance will not give you the right to claim compensation or seek a refund from Skillshare.
• You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
• You can terminate your account at any time by following the steps here. Review our Privacy Policy to see what happens when you terminate your account.
• We may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email, using the email address we have for you on file, before terminating your account, in an effort to provide you with an opportunity to log in to your account so that it remains active.

If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that deceased user will be closed.

We reserve the right to, at any time, without notice, modify, suspend, or terminate operation of or access to the Service, or any portion of the Service, for any reason. We further reserve the right to delete or suspend your account: (1) if you violate our Terms, Teacher Rules and Requirements, or our Community Guidelines; or (2) if you are inactive for an extended period of time.

We may use the email address you provide us when you create a Skillshare account or an account with another Skillshare owned or operated platform to share with you marketing or other promotional communications. By creating an account and providing us an email address, you agree to the use of your email address for these purposes. You may opt out of future marketing or promotional communications at any time by going to your Skillshare Account Settings at https://www.skillshare.com/en/settings/email-notifications and/or your Superpeer Account Settings at https://superpeer.com/dashboard/settings/notifications. From there, you can choose the subjects on which you wish to receive marketing communications, or select “Don’t Send Me Any Email” to unsubscribe from all marketing and promotional communications.

II. Subscriptions, Payments, and Cancellation

A. Subscriptions, Purchases, and Payments

• Unless you enrolled via a gift membership, prepaid membership, or scholarship, your subscription will continue and automatically renew on a monthly or annual basis unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. When your subscription renews each month/year, we will automatically charge your payment method on file for the subscription fee, as well as any applicable tax, on the calendar day corresponding to the commencement of your paying membership. If your payment method expires prior to renewal, that payment method may be automatically updated based on information provided by your card issuer. This is done in partnership with major credit card issuers, so your payment doesn’t fail and you don’t have to update your card details manually. Nonetheless, you agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. We reserve the right to change the timing of our billing, including if your payment method has not successfully settled.
• If you are located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we may be responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
• Skillshare collects all fees through secure third-party payment processors. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal. Such payment methods are subject to change. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and Skillshare is not responsible for any fees charged by them. Skillshare disclaims all liability with regard to any fees or problems you have with third-party payment processors.
• If you enroll in a Skillshare subscription via a gift membership, prepaid membership, or scholarship, you will not be required to provide a payment method at the time of enrollment and your subscription will end automatically at the conclusion of the subscription period provided by your gift membership, prepaid membership, or scholarship. If you wish to continue your subscription beyond that period, you will need to enroll in an automatically renewing subscription and provide a method of payment.
• Skillshare reserves the right to develop and launch new products or services or make changes to any products or services offered through the Service. If you choose to purchase or participate in any additional products or services offered by Skillshare or Teachers, you may be charged additional amounts for such products or services.
• Skillshare also reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
• Price changes, whether pertaining to subscriptions or other products, may be the result of many factors, including changes in costs related to procuring content or providing the Services, changes to market conditions or the consumer price index, or changes to applicable tax rates. Should these costs go up, we may increase our prices accordingly. Should these costs go down, we may decrease our prices accordingly.
• You may be offered the opportunity to participate in additional programs, such as a student referral program. If you choose to participate in any such program, you will be subject to the terms of those programs, if any. More information on student referral programs can be found here.

B. Free Trials and Other Promotions or Sales

From time to time, we or others on our behalf may offer trials of paid subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Skillshare reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

For some Trials, we will require you to provide a payment method to start the Trial. At the end of such Trials, we will automatically charge you via that payment method for the applicable paid subscription on the first day following the end of the Trial and on a recurring monthly or annual basis, unless you cancel prior to the end of the free Trial, or before the renewal date, as applicable. By providing your payment details in conjunction with the Trial, you agree to this charge using such payment method. If you do not want this initial charge, or the renewal charge, you must cancel the applicable paid subscription prior to the charge through either your payment settings within your Skillshare account profile located at https://www.skillshare.com/settings/payments, or through the account settings of any other Skillshare owned or operated platform for which you began a Trial.

We also occasionally run time-limited promotions and sales, during which time the cost of subscription may be lower. The subscription price we offer may be different when you are logged into your account compared to the price available to users who aren’t registered or logged in, for example because some of our promotions are available only to new users. Promotional or sale prices will typically be limited to a specified period of time (for example, one year for discounts on annual subscriptions). At the end of that period of time, your subscription will automatically renew at the then-applicable full price, unless you cancel prior to renewal by changing your settings on your account profile.

C. Refunds

Please consult our Refund Policy to learn more about whether you might be entitled to a refund for your purchase.

Skillshare has no obligation to consider or grant refund requests, including (i) for subscription plans purchased with a 7-day or longer free trial; or (ii) that otherwise do not follow our Refund Policy. To the extent permissible under applicable law, you are entitled to, at most, one refund only. Once a refund for a subscription is confirmed, you will lose all access to your membership. Once a refund for an Event is confirmed, you will no longer be able to access or attend the Event.

We will not provide refunds to users who have acted in a fraudulent manner or in a way that violates or would violate these Terms or our Community Guidelines (as determined in our sole discretion), including users who have been deactivated for the same.

If you purchased a subscription through the Apple iTunes Store, our iPhone application, the Google Play Store, or our Android application, please consult the refund policy associated with the service by which you subscribed.

D. Cancellations

You may cancel your Skillshare membership at any time for any or no reason, but if you cancel your membership before the end of the current subscription period, we will not refund any subscription fees already paid to us or charged to your payment method except in the limited circumstances set forth in Section II.C above. To cancel your recurring subscription, please visit your payment settings within your Skillshare account profile located at https://www.skillshare.com/settings/payments. If you cancel your Skillshare membership, you will lose access to all classes you enrolled in during your Skillshare membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid. If you pay for your subscription through an account with a third party (e.g., Apple iTunes or GooglePlay), you may have to cancel through that third party.

You may cancel any Superpeer subscription at any time for any or no reason. To cancel your subscription, please visit the subscription tab within your account profile. If you cancel your subscription, you will lose access to all paid content at the end of your billing period.

III. Prohibited Uses

To use the Service, you must agree to comply with the following:

• You will not upload, share, post, transmit, distribute, offer for sale, or otherwise make available any content or items that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right of any party.
• You will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• You will not upload, share, post, transmit, distribute, offer for sale, or otherwise make available any content or items, or partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates applicable law or our rules or policies.
• You will not partake in any behavior nor upload, share, post, transmit, distribute, offer for sale, or otherwise make available any content or item that victimizes, harasses, degrades, or intimidates an individual or group of individuals, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
• You will not impersonate any person or entity, including any of our employees or representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• You will not stalk, harass, or harm another person via use of the Services, including Skillshare personnel.
• You will not harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent.
• You will not interfere with any Skillshare-related content or User Content (as defined below).
  You will not remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, Skillshare-related content, or any works other than your own.
• You will not use any robots, spiders, or similar data mining, data gathering, extraction tools, or manual processes to collect, gather, or copy any content or data on or related to the Service in a manner not authorized by Skillshare in writing.
• You will not 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.
• You will not engage in practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Skillshare in writing.
• You will not interfere or attempt to interfere with the proper working of the Services or any activities conducted through them, including by bypassing any measures we may use to prevent or restrict access to the Services, or by circumventing or manipulating our payment process.
• You may not frame, mirror, or otherwise simulate the appearance or function of the Services, Skillshare-related content, or any user’s works, or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any Skillshare-related content transmitted through the Services.
• You may not decompile, disassemble, or otherwise reverse engineer the Services, Skillshare-related content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services.

IV. Our Materials and License to You

All right, title, and interest in and to the Skillshare Services, including our websites, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Service (but excluding content provided by Teachers and Students) are and will remain the exclusive property of Skillshare and its licensors. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Skillshare name or any of the Skillshare trademarks, logos, domain names, and other distinctive brand features.

Subject to your compliance with these Terms we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, noncommercial, and educational use, solely as expressly permitted by these Terms and subject to all the terms and conditions of these Terms and other Governing Documents, all applicable laws, and any additional terms contained on the Service. Any other use of the Services is strictly prohibited. Nothing contained on the Services should be interpreted as granting to you any license or right to use any of the Services, User Content (as defined below), and/or any third-party proprietary content on the Services without the express written permission of Skillshare or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Skillshare.

 

V. User Content

These Terms define “User Content” as any design, text, graphic, image, video, logo, button icon, software, audio file, computer code, digital product or other good, or other content that a user (including both Students and Teachers) posts, submits, transmits, uploads, offers for sale, or otherwise includes or makes available on and/or via the Service. You represent and warrant that you own all intellectual property rights in the User Content 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 User Content, necessary for you to display, promote, offer for sale, and/or otherwise exploit the User Content through the Services, and to convey all rights granted under these Terms.

Except as specified otherwise herein and in the Teacher Rules and Requirements, no User Content or other material made available on or through the Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used by other users to create derivative works, in any way, without written permission of the applicable rights holder unless such User Content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such content for your own personal, noncommercial, and educational use. For example, certain class materials may be made available as unprotected PDF files that can be downloaded by Students and/or other users of the Service. User Content not made available for download may not be downloaded or copied without prior written permission. Modification of User Content obtained from the Service, for any other purpose, including any commercial purpose, is a violation of the rights of Skillshare or its users or licensors, unless you have obtained express written authorization to the contrary.

We neither endorse nor assume any liability for any User Content posted to or offered for sale on the Service. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the User Content. If you access or purchase User Content, you rely on any information provided in that User Content at your own risk.

However, we and our agents have the right, at our sole discretion, to remove any User Content that, in our judgment, does not comply with the Governing Documents, applicable law, and/or any other rules of user conduct for the Service, or that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any User Content from the Service. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Content, whether it is your own or another user’s. If you believe that User Content on the Services violates a patent, trademark, trade secret, right of publicity, or other right of any party please see Section VII below, which also includes a description of the procedures to be followed in the event that any party believes that User Content infringes on their copyright or the copyright of a party they are authorized to act on behalf of.

Any feedback, comments, or suggestions you may provide regarding Skillshare or the Service is entirely voluntary and you authorize Skillshare to use and share this content with anyone, distribute it and promote it on Services and in any media, and to make modifications or edits to it as we see fit, without any obligation to you. You agree that you shall have no recourse against Skillshare for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Skillshare.

For specific information on copyright and other intellectual property policies related to Teachers and class content, please see our Teacher Rules and Requirements.

For Students Only:

User Content submitted by Students for inclusion on the Service (including any information submitted on message boards, forums, or other public areas of the Service) is referred to in these Terms as “Student Content.” All Student Content is subject to these Terms. Skillshare does not guarantee any confidentiality with respect to Student Content, regardless of whether or not it is published. You are solely responsible for your own Student Content and the consequences of posting or publishing it.

Students outside of the E.U. and U.K.: By submitting or posting Student Content on or through the Service, you grant us a worldwide, non-exclusive license (with the right to sublicense) to use, reproduce, distribute, access, view, crop, resize, copy, license, transmit, broadcast, and publicly perform and publicly display copies of your Student Content (including your name and image) in any form, medium, or technology, including all media or distribution methods, now known or later developed for any lawful purpose. This includes making your Student Content available to other companies, organizations, or individuals who partner with Skillshare for the syndication, broadcast, distribution, or publication of content on other media, as well as using your Student Content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any Student Content that you submit. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis with no compensation paid to you.

Students in the E.U. and U.K.: By submitting or posting Student Content on or through the Service, you grant us a worldwide, non-exclusive license (with the right to sublicense) to use, reproduce, distribute, access, view, crop, resize, copy, license, transmit, broadcast, and publicly perform and publicly display copies of your Student Content (including your name and image) on the Service or a platform owned, managed, and/or hosted by a third party with whom Skillshare has entered into a written agreement to host, display, and publicly perform content. This includes making your Student Content available to other companies, organizations, or individuals who partner with Skillshare for the syndication, broadcast, distribution, or publication of content on other media, as well as using your Student Content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any Student Content that you submit. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis with no compensation paid to you.

 

VI. Live Events and 1-on-1 Sessions

Skillshare or a Teacher may inform you of and/or host a live event (“Event”) from time to time, for which you may be given or may be able to purchase tickets or other means of admission or attendance (each, a “Ticket”). The contract for the purchase or provision of a Ticket to an Event is formed when Skillshare, or a third-party partner acting on Skillshare’s behalf, sends you a confirmation email stating that you have been given a ticket or other means of admission.

You authorize us to charge your payment method for such a transaction, where applicable. By submitting an offer to purchase and providing us, or a third-party partner acting on our behalf, with your payment method at checkout, you authorize Skillshare (acting by its payment processor) to charge that payment method to take payment for your order. We are not responsible for any losses you may suffer if the payment method you use to pay for a Ticket does not have sufficient funds to cover all costs of that order.

Events may take place in part or entirely in different countries, and Tickets will typically be sold in U.S. dollars (USD). You shall be responsible for any additional charges to which you may be subject by your credit or debit card provider or bank, or any currency exchange rate fluctuations and Skillshare does not accept liability for these.

Skillshare is not obliged to offer refunds for Tickets purchased for a specific date, should you change your mind about your purchase or fail to attend the Event. Should an Event be canceled, you will be entitled to a full refund of the price paid for any Tickets you purchased for that Event.

A Ticket is a personal revocable license which may be withdrawn, and admission refused, at any time, subject to these Terms and any terms related to the Event or on the Ticket itself. Before you purchase a Ticket, Skillshare or the hosting Teacher will generally inform you of any restrictions which apply to entry. Skillshare will not be responsible for the consequences of any failure by you to abide by such information provided pre-purchase. Ticket holders may also be ejected from an Event at any time if Skillshare employees or an event organizer or those working on their behalf determines that the Ticket holder is acting in contravention of the law, is a safety or security risk, may affect the enjoyment of others at the Event, or may cause damage, nuisance, or injury.

Events may include 1-on-1 Sessions and/or Live Sessions, and by participating in any such offerings, you agree to the terms and conditions for those offerings:

• Skillshare 1-on-1 Session Participant Terms and Conditions
• Skillshare Live Sessions Participant Terms and Conditions
  

VII. Content Notifications and Content Moderation

Skillshare has developed policies and procedures that provide Students, Teachers, and third parties in the European Union, including designated trusted flaggers according to Article 22 of Regulation (EU) 2022/2065 of the Digital Services Act (“DSA”), with the means to notify Skillshare of allegedly illegal content (including copyright infringements) on the Services by using an electronic notification form. These policies similarly provide Students, Teachers, and third parties in the US with the means to notify Skillshare about alleged copyright infringements in accordance with the Digital Millennium Copyright Act (“DMCA”).

You must follow these policies when submitting such notices. Details regarding these policies, as well as a link to the electronic notification form can be found on our Help Center.

VIII. Content Recommendations

Skillshare sometimes uses automated processes and algorithms, such as artificial intelligence, to make recommendations to Skillshare subscribers about content or products on the Services that the subscriber may be interested in. These recommendations are determined, at least in part, based on the following criteria:

• The skills that a subscriber follows on the Services;
• The classes, or portions of classes, that a subscriber clicks on, watches, and/or reviews on the platform;
• The country from which the subscriber is engaging with the Services;
• When the subscriber’s account was created;
• Whether the subscriber was referred to Skillshare by a Skillshare teacher or another Skillshare student.

IX. Arbitration Agreement

Please read this section carefully. It affects your legal rights, including your right to file or participate in a lawsuit in court.

(1) Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and Skillshare, Skillshare is committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: legal@skillshare.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with Skillshare. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and Skillshare agree to the further Dispute resolution provisions below.

This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. Failure to engage in this process could result in the award of fees against you in arbitration. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

For sake of clarification only, the informal dispute resolution negotiation shall be individualized such that a separate negotiation must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution negotiation, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference.

(2) Mutual Arbitration Agreement. If the informal dispute resolution procedure in Subpart (1) does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided for herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@skillshare.com. If you are a Skillshare account holder, any demand initiating arbitration, whether filed by you or Skillshare, must include the email address you used to create an account with Skillshare.

Except as set forth below, you and Skillshare agree that by using the Services in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Skillshare and/or its parent, subsidiaries, affiliates, and each of their respective current or former members, officers, directors, and employees (all such individuals and entities collectively referred to herein as the “Skillshare Entities”) arising out of or relating to the Services or these Terms–including but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or the timing of any administrative or arbitrator fees–(each a “Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section IX (the “Arbitration Agreement”).

This Arbitration Agreement applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.

This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

The parties understand that an arbitrator and not a judge or jury will decide the Dispute, and that rights to discovery and appeals may be limited in arbitration. The parties further understand that the costs of arbitration could exceed the costs of litigation in some instances.

You hereby acknowledge and agree that by agreeing to these Terms and Arbitration Agreement, you and Skillshare are each waiving the right to a trial by a jury to the maximum extent permitted by law.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

(3) Class Arbitration and Collective Relief Waiver. You and Skillshare acknowledge and agree that, to the maximum extent allowed by law, except as set out otherwise in Subpart (6) below, any arbitration shall be conducted in an individual capacity only and not as a class or collective arbitration and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party's claim; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis, but it may do so if and only if Skillshare provides its consent to consolidate in writing.

With the exception of this Subpart (3) and Subpart (6) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this Subpart (3) or Subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Skillshare shall be entitled to arbitrate their dispute.

(4) Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

(5) Arbitration Location and Procedure. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in New York City, New York (unless otherwise agreed by the parties).

The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

• (a) Arbitration Demand Must Contain Sufficient Notice. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms.
• (b) Arbitration Conducted on Papers in Some Instances. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Skillshare submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
• (c) Dispositive Motions. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
• (d) Confidentiality. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Skillshare (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

(6) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Skillshare (“Mass Filing”), the parties agree (i) to administer the Mass Filing in sequential batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches is filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 20 anticipated batches, 10% of which – i.e., 2 batches – may proceed simultaneously); (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Skillshare and the claimants, shall only be due after your demand for arbitration is included in a batch proceeding and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each batch including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vii) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or Skillshare may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with Skillshare and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Skillshare otherwise consents in writing, Skillshare does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subpart (6). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Skillshare shall be entitled to arbitrate any claim that is a part of the Mass Filing.

(7) Mediation Following First Batch in a Mass Filing. The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with Skillshare and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Skillshare, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Skillshare or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Skillshare nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

(8) Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of Section XI “Disclaimer of Warranties” and Section XII “Limitation of Liability” as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

(9) Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Skillshare will pay any filing and hearing fees in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Subpart (6)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

(10) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by submitting the information requested via this form. You must provide all of the information requested in the form and you must submit your form response within thirty (30) days of first becoming subject to this Arbitration Agreement. You become subject to this Arbitration Agreement on (a) October 4, 2023, or (b) the date you create your Skillshare account (if you created your account after October 4, 2023), whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, Skillshare also will not be bound by it.

(11) Changes. Skillshare will provide thirty (30) days’ notice of any material changes to this Section IX. Any such changes will go into effect 30 days after Skillshare provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If Skillshare changes this Section IX after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes.

 

X. Class Action Waiver

You may only resolve your dispute with Skillshare on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. Except as described in Section VIII(6), class actions, class arbitrations, collective actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

 

XI. Disclaimer of Warranties

The Service and all materials included therein (whether housed on the Service alone or also on a third-party platform) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Service and materials will meet your requirements, (b) the Service and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable, or (d) the quality of any class or Event that you attend via the Service, item you purchase via the Service, or any other products, services, or information purchased or obtained by you from the Service, from us or our affiliates, will meet your expectations or be free from mistakes, errors, or defects.

The use of the Service or the downloading or other acquisition of any content, materials, or items through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.

In the event that any content available on the Service is also available through any third-party platform, or if Skillshare provides links from the Service to any third-party platform or permits any third-party to link from its platform to the Service, you understand and agree that Skillshare makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Skillshare, and Skillshare provides and/or permits these links only as a convenience to you.

Skillshare-affiliated content available through the Service or a third-party platform or presented at any class or Event represents the opinions and judgments of an information provider, user, Student, Teacher, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including any Teacher(s), other than an authorized Skillshare spokesperson speaking in his/her official capacity.

Skillshare does not (i) directly or indirectly practice medicine, law, or financial planning, (ii) dispense medical, legal, or financial services, (iii) provide medical, legal, or financial advice, or (iv) otherwise convey medical, legal, or financial opinions. You agree and understand that Skillshare assumes no liability for the accuracy or completeness of any content or items offered on the Service.

To the extent Skillshare provides any information regarding health, wellness, or physical exercise through the Service, we do so only in a general way. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that Skillshare will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

 

XII. Limitation of Liability

In no event shall Skillshare or its officers, directors, employees, agents, affiliates, and their respective successors and assigns (collectively, the “Skillshare Parties”) be liable to you or any third-party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the Service, any Event, any Marketplace transaction, or any web site or third-party platform referenced or linked to from the Service or that otherwise displays Skillshare-affiliated content.

Further, neither we, nor any other Skillshare party, shall be liable in any way for any class, Event, Marketplace transaction, or other third-party goods and services offered through the Service or through a third-party platform. You agree that Skillshare is not party to any transaction between any Student and/or Teacher and cannot be held responsible for any issues arising from any such transaction. We have no control over and do not guarantee the accuracy or validity of any statement, claim, or offering made by a Teacher, nor do we guarantee the performance or conduct of any Teacher, Student, or third party.

We are also not liable for the acts or omissions of any third parties, including third parties you might interact with during a class, Event, or Marketplace transaction. Skillshare generally does not supervise classes, Events, or Marketplace transactions and is not involved in any way with the actions of any individuals (whether Students or Teachers) at any class or Event or during any Marketplace transaction. We generally do not have control over the identity or actions of the individuals who are present at these classes or Events, or who engage in Marketplace transactions, and we require that our users exercise caution and good judgment when participating in these activities. Some classes, Events, or Marketplace transactions may carry inherent risk and by participating in these activities, you choose to assume those risks voluntarily. You acknowledge and agree that by participating in any class, Event, or Marketplace transactions (whether as a Student, Teacher, Buyer, or Seller) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage, and death. You are solely responsible for all costs and/or risks associated with your participation in any class, Event, or Marketplace transaction.

To the fullest extent permitted by law, you hereby release and hold harmless Skillshare and each of the other Skillshare Parties from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to your use of the Service or participation in any class, Event, or Marketplace transaction, whether as a Student or Teacher, including as it relates to the acts or omissions of any third party used by Skillshare to facilitate the Service or any payments related thereto. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators, and assigns.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you to the extent such jurisdictional restrictions are applicable.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

XIII. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other Skillshare Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms or any of the other Governing Documents, or negligent or wrongful conduct, including with respect to any User Content you upload or place onto the Services, or any content or other item you offer for sale on the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

XIV. Sanctions and Export Laws

You acknowledge that the Services and the items made available through the Services, are subject to U.S. export control and sanctions laws and regulations, including 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 and warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Belarus, Cuba, Iran, North Korea, Russia, Syria, or the occupied regions of Ukraine). You represent and warrant that you are not a person or entity who is named on any U.S. government list of restricted parties that would require a license to use the Service. You also represent and warrant that you are not owned 50% or more by such a restricted party, if such ownership would cause you to become subject to similar restrictions.

If you become subject to such a restriction during the term of any agreement with Skillshare, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Skillshare).

You may not access, use, export, re-export, divert, transfer in-country, or disclose any portion of the Services or any related software, technical information, or materials, directly or indirectly, in violation of any United States and other applicable country Export Controls and Sanctions Laws, rules, and regulations and requirements. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled by such laws.

 

XV. How to Contact Us

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.

 

XVI. Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in New York and shall not give rise to personal jurisdiction over Skillshare, either specific or general, in jurisdictions other than New York. These Terms, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of New York, without regard to conflicts of law principles. You agree that any legal action or proceeding between Skillshare and you for any purpose concerning these Terms, the Privacy Policy, the other Governing Documents, or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York, and you submit to personal jurisdiction therein and agree to waive any objection that such courts are an inconvenient forum for the resolution of such action.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

These Terms, together with the Teacher Rules and Requirements, the Privacy Policy, and any other Governing Documents published from time to time, constitute the entire agreement between you and Skillshare concerning the Service and the services provided by Skillshare. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Skillshare's failure to insist upon or enforce strict performance of any provision of these Terms or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

Skillshare may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service to any affiliate or partner of Skillshare or to another third party in the event that some or all of the business of Skillshare is transferred to such other third party by way of merger, sale of its assets, or otherwise.

Most communication between Skillshare and you will be sent and received electronically. You agree that all electronic communication between Skillshare and you shall satisfy any legal requirements that such communications be in writing.

Notice for California Users. Under California Civil Code Section 1789.3, California users of the 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.

Any rights of Skillshare not expressly granted herein are reserved.