ARBITRATION NOTICE/CLASS ACTION WAIVER: 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.  THE SKILLSHARE TERMS OF SERVICE EXPLAIN THESE POINTS IN GREATER DETAIL. THEY ALSO NOTE SOME EXCEPTIONS, AS WELL AS HOW YOU CAN OPT OUT OF ARBITRATION. BY AGREEING TO THESE DIGITAL PRODUCT TERMS AND THE SKILLSHARE TERMS OF SERVICE, 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. 

 

Skillshare (as defined in our Terms of Service, and including its operating brand, Superpeer--collectively, “Skillshare,” “we,” “us,” or “our”) works with teachers, creators, experts, and others (a “Seller” or “Sellers”) to allow these Sellers to offer digital items (a “Digital Product” or “Digital Products”) for sale on the Services (as defined in our Terms of Service) directly to third-party users and others (a “Buyer” or “Buyers”). These Digital Products Terms refer to both Buyers and Sellers collectively as “Users.” By purchasing any Digital Product (a “Digital Products Transaction”), you agree to the terms and conditions that follow (the “Digital Products Terms”), as well as our Terms of Service and Privacy Policy. Do not engage in a Digital Products Transaction if you do not agree to any of these terms.  

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

 

I. The Skillshare Marketplace

Skillshare provides tools that are designed to process a Buyer’s payment for Digital Products and to facilitate the delivery of those Digital Products to Buyers. Skillshare also provides a searchable marketplace of Digital Products being offered for sale by Sellers (the “Marketplace”). As a marketplace, Skillshare does not own or sell the Digital Products listed on the Marketplace and Skillshare is not a party to any transaction or other interaction between Users related to Digital Products. Accordingly, any contract for the sale of Digital Products on the Marketplace is entered into directly between the Seller and the Buyer. Skillshare facilitates Digital Products Transactions through hosting the Marketplace, displaying pricing, listing Digital Products offerings, and processing payments. For clarity, and in addition to the foregoing, Skillshare will have no responsibility or obligation with respect to any transactions that are not conducted on the Marketplace. 

While Skillshare may, in its sole discretion, help facilitate the resolution of disputes, Skillshare does not take part in the interaction between Buyers and Sellers and has no control over and does not guarantee: 

• the existence, quality, timing, condition, safety, or legality of Digital Products offered through the Services; 
• the truth or accuracy of listings, posts, communications, or any other content or information provided by any Seller or User through the Marketplace; 
• any aspect whatsoever of any ratings provided by Users; 
• the integrity, responsibility, or any action of any Seller or Buyer; or
• the ability of Sellers to sell Digital Products.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Skillshare reserves the right, but not the obligation, to provide support in the event of disputes between Users. You agree that Skillshare is not responsible for the conduct, whether online or offline, of any User, and that Skillshare makes no representation with respect to interactions between Users. Skillshare will not be liable for any claim, injury, or damage arising in connection with your use of the Marketplace. 

II. Your Account

Your first experience using the Marketplace will differ depending on if you have already registered an account with Skillshare and/or Superpeer–a Skillshare-operated brand. 

If you have already registered a Superpeer account, you will be asked to log in, and once you do so, you will be able to use the Marketplace as normal. 

If you have already registered a Skillshare account, but you have not yet registered a Superpeer account, a free Superpeer account will be registered for you when you first enter the Marketplace, based on your Skillshare account. This is necessary to give you access to the Marketplace, which exists because of functionality offered by Superpeer. 

If you have registered neither a Skillshare nor a Superpeer account: when you first enter the Marketplace, you will be required to register a free Skillshare account, at which point a free Supereer account will be registered for you, based on that newly-created Skillshare account. 

Where you are required to actively register an account, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form and keep that information updated.  You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Marketplace under the laws of the United States, your place of residence, or any other applicable jurisdiction.  You are responsible for all activities that occur under your account.  You agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Marketplace by minors.  

You may not share your account or password with anyone, and you agree to notify Skillshare immediately of any unauthorized use of your password or any other breach of security.  If you provide any information that is untrue, inaccurate, not current, or incomplete, or Skillshare has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Skillshare has the right to suspend or terminate your account and refuse any and all of your current or future use of the Marketplace (or any portion thereof).  You agree not to register an account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one account per platform at any given time.  Skillshare reserves the right to remove or reclaim any usernames at any time and for any reason, including claims by a third party that a username violates their rights.  You agree not to create an account or use the Marketplace if you have been previously removed by Skillshare or any related service. 

III. Responsibilities and Acknowledgments

When you use the Marketplace, you agree and acknowledge that: 

• You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Skillshare reserves the right, but has no obligation, to intercede in disputes. You agree that Skillshare will not be responsible for any liability incurred as the result of such interactions. 
• The Marketplace contains content provided by other Users. Skillshare is not responsible for and does not control such content. Skillshare does not approve, endorse, or make any representations or warranties with respect to such content. You use all such content and interact with other Users at your own risk. 
• It is a material breach of these Digital Products Terms to arrange for the sale of listed Digital Products from, or the payment of fees to, Sellers outside the context of the Marketplace for the purposes of circumventing a Seller’s payment of any fees to Skillshare related to Digital Products offered for sale through the Marketplace. 
• If no specific terms are provided by the Seller concerning the Digital Products Transaction, then you may only use that content for your own personal and non-commercial use and you must refrain from posting or sharing the content. 
• There is no guarantee that a Digital Product you purchase will remain available to you via the Marketplace and you are responsible for downloading your own copy of the Digital Product if you wish to retain access if it becomes unavailable via the Marketplace. 
• If you are given access to any limited-access content, you agree to use that content per the terms provided in the license you purchase.  

IV. Payment Information

Skillshare does not process credit card payments and does not hold any funds you pay to Sellers in connection with any Digital Products offering. Instead, Stripe, Inc., a third-party payment processing partner, processes all payments made to Sellers. As part of any payment related to a Digital Products Transaction, you agree to the processing, use, transfer, or disclosure of data by Stripe pursuant to Stripe’s Privacy Policy. Skillshare has no control over how Stripe uses your payment related information. 

You are obligated to make payment upon purchase of a Digital Product by providing an eligible payment method at checkout. You are responsible for all approved charges. Upon final purchase, Skillshare, through its third-party service providers, will charge the payment method you specify at checkout. 

Digital Products offerings may be listed in the Seller’s local currency. Nonetheless, all transactions will be processed, via Stripe, in U.S. dólares estadounidenses (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. 

V. Política de reembolso

Skillshare has no obligation to provide refunds or credits, but may grant them in rare circumstances, such as where a Seller has committed fraud, or to correct any errors made by Skillshare or a Seller, in each case in Skillshare’s sole discretion. 

Please note that if you request a refund and also pursue a dispute resolution process with your payment method provider for the same transaction, we will decline your refund request. This will not affect the dispute resolution process. You agree not to submit a refund request for any Digital Products Transaction if you have already chosen to pursue a dispute resolution process with your payment method provider.  

VI. Disclaimer of Warranties and Liability

Skillshare expressly disclaims any liability that may arise because of interactions between Users. The Marketplace is only a venue for connecting Buyers with Sellers. Because Skillshare is not a party to the actual contracts between Buyers and Sellers, in the event that you have a dispute with one or more Users, you release Skillshare, its parents, subsidiaries, affiliates, officers, employees, investors, agents, partners, and licensors, but excluding any Users (each a “Skillshare Party” and collectively, the “Skillshare Parties”) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

You acknowledge and agree that Skillshare Parties are not liable, and you agree not to seek to hold Skillshare Parties liable, for the conduct of other Users, including third parties, and that the risk of injury from such Users and/or third parties rests entirely with you.

Skillshare is not involved in the actual transaction between Buyers and Sellers. While we may help facilitate the resolution of disputes at times, we have no control over and do not guarantee or make any warranty regarding the quality, safety, or legality of Digital Products advertised, the truth or accuracy of Users’ content or listings, the ability of Sellers to sell items, or that Sellers will actually complete a transaction. 

As a part of the Marketplace, you may have access to materials that are hosted by another party. You agree that it is impossible for Skillshare to monitor such materials and that you access these materials at your own risk.