Last updated: July 16, 2017

This page explains our terms of service, which contains important information about your legal rights. When you use Skizzar, you’re agreeing to these terms. To help make them easier to understand, we’ve also included annotations in these gray boxes. The annotations aren’t part of the official terms, but are intended to clarify key sections and help you follow the text.

Hello and welcome to Skizzar’s Terms of Service!

These Terms of Service (“Terms”) cover your use of and access to the sites, templates, products, applications, tools and features (collectively, the “Services”) provided by Skizzar, Inc. (together with its officers, directors, employees, agents, subsidiaries and affiliates, “Skizzar”). Our Privacy Policy explains what personal information we collect and how it’s used and shared, and our Acceptable Use Policy outlines some of your responsibilities when using the Services.

By using or accessing the Services, you’re agreeing to these Terms, our Privacy Policy and our Acceptable Use Policy (collectively, this “Agreement”). If you’re using the Services for an organization, you’re agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

While we’re not your lawyers, we do want to say: Please read this Agreement carefully! It includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, resolution of disputes by arbitration and a class action waiver.

We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.

1.    Creating an Account

Make sure your account information is accurate, and you keep your account safe. You’re responsible for your account and any activity on it. Also, you need to be at least 13 years old to use Skizzar.

1.1. Signing Up. To use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.

1.2. Staying Safe. Please safeguard your Account and make sure others don’t have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.

1.3. Thirteen And Older. The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you’re at least 13. Also, if you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).

2.    Your Content

When you upload content to Skizzar, you still own it. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it, and also to display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don’t want us to do that.

2.1. Your User Content Stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours. These Terms don’t give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.

2.2. Your License To Us. When you provide User Content via the Services, you grant Skizzar a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.

2.3. Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of Skizzar marketing and promotional activities. For example, we may feature Your Sites on our Templates page, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don’t want Your Sites featured, you can opt out at anytime via the Services or by contacting Customer Care.

3.    Your Responsibilities

You’re responsible for the content you publish on Skizzar, and you vouch to us that it’s all okay to use. We also ask that you follow our rules, and don’t do anything illegal on here. And keep in mind that some of what you upload can be viewed publicly, so share responsibly. Finally, while you can do amazing things on Skizzar, remember that we can’t give you legal advice about it.

3.1. Only Use Content You’re Allowed To Use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others’ intellectual property or other rights, so please don’t copy, upload, download or share content unless you have the right to do so.

3.2. Follow Our Rules. You’re responsible for your conduct and User Content, and you must comply with our Acceptable Use Policy. We may review your conduct and User Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We’re not responsible for User Content.

3.3. Share Responsibly. The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.

3.4. Your Sites And Your End Users Are Your Responsibility. You may use the Services to create or publish sites, online stores and other products or services (“Your Sites”), and Your Sites may have their own visitors and users (“End Users”). You understand and agree that Your Sites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own privacy policy. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users.

4.    Third Party Services And Sites, User Content And Skizzar Specialists

If you use another service on Skizzar, or follow a link to another site, or work with someone you find on Skizzar (such as a Specialist or Circle member), what happens is between you and them. We’re not responsible for it. There’s also a lot of content on Skizzar uploaded by our users (like you). We’re not responsible for that either.

4.1. Third Party Services. The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).

4.2. Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.

4.3. User Content. We haven’t reviewed and can’t review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You’re responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.

5.    Our Intellectual Property

Skizzar is protected by various intellectual property laws. This section summarizes what we own and how we share.

5.1. Skizzar Owns Skizzar. The Services are protected by copyright, trademark and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.

5.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.

5.3. Our Demo Content Is For Private Use Only. We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless we tell you otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).

5.4. Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.

5.5. We Use Open Source Software. Open source software is important to us. Some of the software used in the Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.

6.    Our Rights

To operate effectively and protect the security and integrity of Skizzar, we need to maintain control over what happens on our services.

6.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

6.2. How We Handle Ownership Disputes. Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.

6.3. HTTPS Encryption. We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.

7.    Privacy

Our Privacy Policy explains how we handle your and your site visitors’ information. Be sure to read it carefully, as it’s part of our agreement.

Our Privacy Policy explains how we collect, use and share your and your End Users’ information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.

8.    Copyright

We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy.

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.

9.    Paid Services And Fees

Certain Skizzar services are paid services. This section explains how we handle payments for those services. For certain paid services, such as domain registrations and site subscriptions, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.

9.1. Fees. You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). For example, to publish Your Sites publicly, you’ll need to pay a subscription fee. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services or by contacting Customer Care. If you don’t pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.

9.2. Taxes. All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You’re responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.

9.3. Automatic Subscription Renewals. To ensure uninterrupted service, we’ll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will be for one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services or by contacting Customer Care.

9.4. Refunds. While you may cancel any Paid Services at any time, you won’t be issued a refund except in our sole discretion, or if legally required (such as for qualifying users in the EU).

9.5. Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.

9.6. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.

9.7. Our Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

9.8. Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It’s your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. We don’t offer refunds for purchases of Third Party Services.

10.    Your eCommerce On Skizzar

We offer tools to help you conduct eCommerce activities on Skizzar, such as selling your products or collecting donations. How you conduct your eCommerce activities is your responsibility, and we’re not liable for it. Also, be sure to follow our eCommerce rules, or we may terminate your account. Finally, if you’re using a third party to process payments for your eCommerce activities, remember that your relationship is with them, not us.  

10.1. eCommerce Responsibilities. The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “Your eCommerce”). We’re not a party to, and we aren’t liable for, Your eCommerce. You’re solely responsible for Your eCommerce, and compliance with any laws or regulations related thereto, including without limitation the following:  

10.1.1. Taxes. You’re solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection therewith; (b) collecting, reporting and remitting required Taxes to relevant government authorities; and (c) informing your End Users of required Taxes, and providing them with invoices as required by law. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.

10.1.2. Fulfillment And Delivery. You’re solely responsible for fulfilling and delivering your products and services to your End Users.

10.1.3. Claims and Warranties. You’re solely responsible for any claims or warranties you make in connection with Your eCommerce.

10.1.4. Customer Service. You’re solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.

10.1.5. Site Terms, Policies And Legal Compliance. You agree to post and make clearly available on Your Sites a privacy policy, and any other terms or policies that may be required by law, and you warrant that Your Sites and Your eCommerce will comply with all applicable laws and regulations. You agree that we won’t provide any legal advice regarding such terms, policies or compliance. Be sure to read our Privacy Policy to learn more about disclosures to your End Users regarding your use of the Services.

10.2. eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.

10.3. eCommerce Suspensions. While we’d prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove your Account, Your Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, we may suspend Your eCommerce if you’re violating this Agreement.

10.4. eCommerce Payment Processors. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are Third Party Services, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.

11.    Domains

This section explains how we provide our domain services. Note that your domain registrations are also subject to agreements with third parties, including ICANN and our third party registrar partners.

11.1. Reseller Services. We work with third party registrars to provide you with domain services. When you register a domain name, or renew or transfer an existing domain name, via the Services, you become bound by the relevant registrar’s terms and conditions, which are incorporated by reference into this Agreement. Currently, the registrar for the Services is Tucows Inc., and all registrations and renewals via the Services are subject to the Tucows Terms and Conditions, under which we’re the “Reseller.”

11.2. ICANN. Your use of our domain services is subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers (“ICANN”). Your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement are summarized here. You can learn more about domain name registration in general here.

11.3. Transfers, Renewals And Refunds. You may not transfer a domain name for the first sixty (60) days following registration. For renewals, we’ll try to provide you notice at least fifteen (15) days before your domain renewal date, but you agree that renewing your domain is solely your responsibility. If you cancel a domain name purchase within the first five (5) days following your purchase, we may provide a full refund. However, we don’t offer refunds for domain renewals or transfers.

12.    Term And Termination

Either of us can end this agreement at any time.

This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact Customer Care or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re violating these Terms or our Acceptable Use Policy. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.

13.    Warranty Disclaimers

We work hard to make Skizzar great, but the Services are provided as is, without warranties.

To the fullest extent permitted by law, Skizzar makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Skizzar also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Skizzar shall create any warranty. Skizzar makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

14.    Limitation Of Liability

If something bad happens as a result of your using Skizzar, our liability is capped.

To the fullest extent permitted by law, in no event will Skizzar be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Skizzar has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Skizzar for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Skizzar in the twelve (12) months immediately preceding the event that gave rise to such claim. Some places don’t allow the types of limitations in this paragraph, so they may not apply to you.

15.    Indemnification

If you do something that gets us sued, you’ll cover us.

To the fullest extent permitted by law, you agree to indemnify and hold harmless Skizzar from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.

16.    Dispute Resolution

Before filing a claim against Skizzar, you agree to try to work it out informally with us first. All formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Claims can only be brought individually, and not as part of a class action.

16.1. Informal Resolution. Before filing a claim against Skizzar, you agree to try to resolve the dispute by first emailing [email protected] with a description of your claim. We’ll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or Skizzar may then bring a formal proceeding.

16.2. Arbitration Agreement. You and Skizzar agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and Skizzar expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

16.3. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us at [email protected] within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 16.3, then Sections 16.2, 16.4, 16.5 and 16.6 of these Terms do not apply to you. This opt-out doesn’t affect any other sections of the Terms, including without limitation Sections 16.8 (Judicial Forum For Disputes; Time For Filing), 16.9 (No Class Actions) and 17.2 (Controlling Law). If you have any questions about this process, please contact [email protected].  

16.4. Arbitration Time For Filing. Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

16.5. Arbitration Procedures. JAMS, Inc. (“JAMS”) will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) in effect at the time of the dispute. You and Skizzar agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite the choice of law provision below). Any arbitration hearings will take place at a location to be agreed upon in New York, New York, in English, and shall be settled by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys’ fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

16.6. Arbitration Fees. The JAMS Rules will govern payment of all arbitration fees. We won’t seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

16.7. Exceptions To Arbitration Agreement. Either you or Skizzar may assert claims, if they qualify, in small claims court in New York, New York or any United States county where you live or work. Either you or Skizzar may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

16.8. Judicial Forum For Disputes; Time For Filing. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 16.3, you and Skizzar agree that any judicial proceeding (other than small claims actions) must be brought exclusively in the federal or state courts of New York, New York and you and Skizzar consent to venue and personal jurisdiction in those courts. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

16.9. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren’t allowed.

17.    Additional Terms

This Agreement is the whole agreement between us regarding your use of Skizzar. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel. Also, if you’re reading this in a language other than English, note that the English language version controls.

17.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Skizzar regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.

17.2. Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions.

17.3. Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

17.4. Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.

17.5. Translation. This Agreement was originally written in English (UK). We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.