The following Dribbble Holdings Ltd.. (together with its affiliated companies and subsidiaries, collectively, “Dribbble” ,“our,” “we,” or “us”) terms of service, the Dribbble Pricing and Payment Terms  (the “Pricing and Payment Terms”), and Dribbble’s Community Guidelines, and our additional standards, conditions, policies, guidelines and in-product disclosures (collectively, these “Terms”), govern your access to and use of any and all the dribbble.com internet site and any and all versions and subdomains thereof and Dribbble applications (collectively, the "Website"), as well as any and all content, functionality and services offered on or through the Website or otherwise provided by Dribbble (each a “Service” and collectively, the “Services”).  

Read these Terms to learn more about your rights and responsibilities as a person that accesses or uses the Website and/or any Services (“you”, “User” or “user”), provided that if you open an account on the Services on behalf of an organization or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.  By accessing or using any of the Website or any Services, creating an account on the Website (an “Account”) and checking the "I agree" (or similar) box, you (1) agree that you have read, understood, and agree to be bound by the terms and conditions of these Terms (including the Pricing and Payment Terms, and Dribbble’s Community Guidelines, as updated by us from time to time, all of which are incorporated by this reference into these Terms), (2) represent and warrant that the information you provide is accurate and not misleading, and (3) agree that you have read and acknowledge the collection and use of your information as set forth in our privacy policy (the "Privacy Policy"), whether or not you are a registered user of the Services.  If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website or any Services. For more detailed policies surrounding the activity and usage on the Site, please access the designated help articles herein.

Similarly, if you share or post any content or interact with any other users in our community (e.g., by commenting on anyone or anything or discussing or arranging for the provision or receipt of services ) in or through the Website or our Services, your conduct will be subject to applicable Dribbble’s Community Guidelines. We may offer promotions or contests through the Website or any Services from time to time, and your participation in these may also be subject to additional terms. To the extent additional terms affect your access to or use the Website or any Services, those terms (including, but not limited to, the Privacy Policy noted above) are hereby incorporated by reference into these Terms.

PLEASE READ THESE TERMS CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE.

PLEASE NOTE: SECTIONS 25 THROUGH 28 CONTAIN BINDING ARBITRATION CLAUSES AND A CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

If you have any questions, please don’t hesitate to contact us using our Support Form

1.     Eligibility. You may access or use the Website and the Services only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, provincial, national, and international laws, rules and regulations. Any use or access to any of the Website or the Services by anyone under 13 is strictly prohibited and in violation of these Terms. The Website and the Services are not available to any Users previously removed from the Website or any Services by Dribbble.

3.    Services License. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to use the Website and the Services for your use only as permitted by the features of the Website and the Services and by these Terms. Dribbble reserves all rights not expressly granted herein in the Website and the Services. Dribbble may revoke this right at any time for any reason or no reason. You shall not access or use the Website or any Services other than as expressly permitted by these Terms without our specific express written consent.

4.     Your Account. Your account gives you access to the services and features of the Website and Services that we may establish, maintain, and modify, from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users (e.g., Dribbble Pro and Hiring Suite), which may provide access to additional or different Services or features of those Services. By connecting to the Website with a third-party service (e.g., via Google account), you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You are responsible for tracking all activity on your own account, and you agree to the following:

a.     To store all passwords and usernames securely.

b.     To notify us of any unauthorized use or security breach. We will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.

c.      To never share login details or account access with anyone, including clients or team members, unless explicitly permitted by additional terms applicable to your account type.

d.     To accept responsibility for activity that occurs under your account(s).

e.     To never transfer, rent, "sell," or otherwise make your account available to another person.

5.     Projects.  Among many other things, the Website and Services include functionality where (i) any User who is interested in receiving design services (each, a “Client”) for their specified project (each a “Project”) can search through User content and profiles on the Website to find a User to provide design services for the Client’s Project, (ii) the Client can through the Website messaging capability solicit a proposal for such Project (each a “Project Request”) from a User chosen by Client (the “Designer”), (iii) the Designer can send their proposal for providing their design services for the Project (each a “Project Proposal”),  (iv) the Designer and the Client can use the Website messaging capability to discuss and negotiate the terms of an arrangement for the Designer to provide design services for the Project, and (v) the Designer and the Client can through the Website messaging capability agree upon the terms of such arrangement by the Client accepting a version of the Designer proposal for the Project through the Website (the Designer Proposal that is accepted by the Client, an “Accepted Proposal”). 

a.   Each Accepted Proposal will deemed to be a legally binding contract between Client and Designer on the terms and conditions set forth in the Accepted Proposal and these Terms.  Dribbble will provide the intermediary services expressly specified in this Project Section of these Terms for the Platform Fees described below, but Dribbble will not be a party to any Project Request, Project Proposal or Accepted Proposal, and will have absolutely no responsibility for or liability related to any services rendered or to be rendered or fees or costs paid or reimbursed or to be paid or reimbursed as part of or related to any Project or any other act or omission of any User.  The relationships arranged or formed under or in carrying out this Section will be those of independent contractors.  Dribbble will be acting solely as an independent contractor intermediary; in no event will (i) Dribbble be considered to be an employer, principal or agent of Client or Designer or any other User, or (ii) either Client or Designer be considered to be an employee, principal or agent of Dribbble.

b.   The fee payable by the Client for the Project design services (the “Project Cost”) together with Dribbble’s Client Platform Fee (the “Client Platform Fee”) and the fee of the payment processor (the “Payment Processing Fee”), in each case, as described in the Pricing and Payment Terms, are due and payable to Dribbble through the Website pursuant to the Pricing and Payment Terms  immediately upon the Client’s acceptance of the Designer’s Project Proposal. 

c.   As intermediary, Dribbble will hold the Project Cost until such time as (i) the Client indicates through the Website their      acceptance of a version of the Project deliverables delivered by the Designer (the “Final Project Deliverables”) or consent to the release of the Project Cost, or (ii)  a Dribbble determination, in its sole discretion, that Designer has fulfilled their obligations with respect to the Project (any of those three alternatives, “Project Completion”) or (iii) the provision below regarding Project Fee Refund applies.  

d.   If Project Completion  does not occur within the Project timeline agreed to under the Accepted Proposal, at Client’s request through the Website, Dribbble will refund the Project Cost to the Client Website Account (“Project Fees Refund”); provided, however, that (i) Client and Designer may agree through the Website to a partial refund of the Project Cost to Client and a partial payment of the Project Cost to the Designer, and (ii) Dribbble may, in its sole discretion, determine that Designer has fully or partially fulfilled their obligations with respect to the Project, and release some or all of the Project Cost to Designer, with any remainder of the Project Cost refunded to the Client. 

e.     In the event of a dispute between Designer and Client related to a Accepted Proposal, at the request of Designer or Client through the Website, a member of the Dribbble support team will engage with them to work to resolve the dispute and endeavor to get both of them to consent to the resolution through the Website, provided that notwithstanding the foregoing or anything else set forth in these Terms,  the determination of the Dribbble support team as to whether and the extent Project Completion has been achieved, and the amount of the Project Cost to be refunded to Client and/or released to Designer will be final and will prevail and Dribbble will in no case have any liability with respect thereto.  

f.    Either Client or Designer may cancel any Accepted Proposal prior to commencement of Design services by the Designer as Dribbble may, in its sole discretion, determine is appropriate.

g.   Upon Project Completion, unless the Accepted Proposal states otherwise, the Final Project Deliverables and the copyright and trademark rights thereof and therein are automatically assigned to Client, provided that it is understood that all pre-existing tools, processes, software code, programs and other works that are used by Developer to provide the Deliverables or, unless the Accepted Proposal states otherwise, that are included in any Designer deliverables will remain the intellectual property of Designer or their respective owners (collectively, “Pre-existing IP”), provided, however that, unless the Accepted Proposal states otherwise, to the extent that any Pre-existing IP is included in or within or embodied or disclosed by the Final Project Deliverables, to the full extent of Designer’s current or future rights in or to such Pre-existing IP, Client shall automatically have a irrevocable, fully paid, royalty-free, perpetual, world-wide, non-exclusive, fully transferable and sublicensable right and license granted by Designer to use, copy, publicly perform and display, distribute, modify, and prepare derivative works based upon the Pre-existing IP if within or disclosed by the Final Project Deliverable. Furthermore, Dribbble may without payment or other consideration use or display any Final Project Deliverable for purposes relevant to marketing any Services or the Website or the operation and function of any of the Website or Services.

h.   Notwithstanding the foregoing, without limitation of any other remedies available to Dribbble or Designer, Client will have no ownership or rights in or to any Project Deliverable or any rights therein or thereto if Client’s payment of any fees to Designer or Dribbble applicable to the Accepted Proposal is canceled , reversed or charged back without Dribbble’s written (could be by email) consent or agreement.

i.     Upon Project Completion, after a reasonable processing period, Dribbble will release the Project Cost to Designer, minus Dribbble’s Designer Platform Fee (the “Designer Platform Fee”), all in accordance with the Pricing and Payment Terms.

j.     Upon Project Completion, unless the Accepted Proposal states otherwise, Designer represents and warrants with respect to the Final Project Deliverables that:

                i.         the Final Project Deliverables are original works created by Designer;

               ii.         Designer has the legal right to enter into and perform the Accepted Proposal and create and deliver the Final Project Deliverables and rights therein and thereto under these Term;

              iii.         the Final Project Deliverables do not, and the treatment thereof as permitted by these Terms will not, infringe, misappropriate or violate  any third party rights, including any third party copyrights, trademarks, privacy, data protection or publicity rights or trade secret rights of any third party;

              iv.         Designer has fully complied with any third-party licenses relating to Pre-existing IP, and have done all things necessary to successfully pass through to the Client any required terms;

               v.         the Final Project Deliverables do not contain or install any malware or other harmful or destructive content; and

              vi.          If any stock or third party media or works not provided for or by Client are incorporated into the Final Project Deliverables, Designer holds a valid license to use the same and to include it in the Final Project Deliverables under these Terms.

The above representations and warranties do not apply to (i) any content or materials that are included in the Final Project Deliverables that are provided by or for Client or that are Client’s pre-existing trademarks, or (ii) to any aspect of the Final Project Deliverables to the extent that it is solely the result of it being based on Client instructions or requirements.

k.      Any and all determinations by Dribbble or actions or failures to act of Dribbble or the Dribbble support team relating to any Project, Accepted Proposal, Project Deliverable and/or Project Cost or other fee will be final and binding on Designer and Client, and Dribbble will have absolutely no liability related thereto. 

l.       Notwithstanding the foregoing or anything else set forth in this or any other Agreement or terms in the event of a conflict between these Terms and the Accepted Proposal, the terms of these Terms will prevail, and nothing in an Accepted Proposal will be binding on Dribbble.

6.     Certain Website and Services Rules. You agree not to engage in any of the following prohibited activities in or through the Website or any Services:

a.        Copying, distributing, or disclosing any part of the Website or any Services in any medium, including without limitation by any automated or non-automated "scraping".

b.        Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Website or any Services in a manner that sends more request messages to the Dribbble servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Dribbble grants the operators of public search engines revocable permission to use spiders to copy materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

c.        Transmitting spam, chain letters, or other unsolicited promotional email through the Website or any Services.

d.        Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website or any Services.

e.        Taking any action that imposes, or may impose, as we determine at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

f.         Uploading invalid data, viruses, malware, or other software agents through the Website or any Services, including through any User Content.

g.        Collecting or harvesting any personally identifiable information or User information, including account names and emails, from the Website or any Services.

h.        Using the Website or any Services for any commercial solicitation purposes, except as explicitly permitted (e.g., Projects, job boards and “Get In Touch” buttons on the Website or any Services).

i.         Impersonating another person or otherwise misrepresenting your affiliation with a person, engaging in fraud, hiding or attempting to hide your identity on or through the Website or any Services.

j.         Interfering with the proper working of the Website or any Services.

k.        Accessing any content on the Website or any Services through any technology or means other than those provided or authorized by the Service.

l.         Bypassing the measures we may use to prevent or restrict access to the Website or any Service, including features that prevent or restrict use or copying of any content or enforce limitations on use of any of the Website or any Services.

7.     User Content.

a.     Some areas of the Website allow Users to post content, such as profile information, screenshots, comments, images, files, job postings, and other content or information on the Website. Any such material a User submits, posts, displays, or otherwise makes available on the Website (not including content provided as part of a Project) is "User Content". User Content includes logos, trademarks and service marks, trade names, and other information posted by users, which may be used by us for marketing and promotional purposes pursuant to the User Content license grant below. You agree to abide by all other applicable terms, such as Dribbble’s Community Guidelines (which we may modify from time to time), when you post User Content and interact with other Users of the Website or any Services. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We have no liability for your interactions with other Users, or for any User's action or inaction.

b.     You are entirely responsible for the content of, and any harm resulting from, your User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, sound, or other media formats. By making User Content available through the Services, you represent and warrant that:

                     i.     the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

                    ii.     if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content;

                   iii.     you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;

                  iv.     the User Content does not contain or install any viruses or other harmful or destructive content;

                   v.     the User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

                  vi.     the User Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and

                 vii.     you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Dribbble or otherwise.

8.     User Content License Grant.  While you maintain all rights, including copyrights, that you own or control in User Content, you hereby grant the following licenses to your User Content:

a.     To Dribbble. By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Dribbble a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, including for use in connection with the Services and Dribbble’s business, or for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Dribbble may, but is not obliged, to cite you as the owner of such User Content in our marketing or other communications.

b.     To Other Users. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Services and under these Terms.

9.     Additional User Content Prohibitions. You agree not to post User Content that:

a.     is pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material

b.     may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;

c.      may create a risk of any other loss or damage to any person or property;

d.     seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

e.     may constitute or contribute to a crime or tort;

f.       contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

g.     contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);

h.     contains any information or content that would violate the privacy or publicity rights of any third party;

i.       contains any information or content that you do not have a right to make available under any law or under any contractual or fiduciary relationship;

j.       contains any information or content that you know is not correct and current; or

k.      promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

10.   Our Proprietary Rights. In these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may not exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, territory or other jurisdiction. Except for your User Content and Final Project Deliverables, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to Dribbble, other Users, and other licensors to Dribbble (the "Dribbble Content").  Except as expressly provided herein (including the portion of these Terms above relating to Projects and Final Project Deliverables), (i) as between you and Dribbble, all Intellectual Property Rights related to any and all Dribbble Content are the exclusive property of Dribbble and its licensors (including that of other Users who post User Content to the Services), and (ii) nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and (iii) you agree not to sell, license, rent, decompile, reverse engineer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Dribbble Content. Use of the Dribbble Content for any purpose not expressly permitted by these Terms is strictly prohibited.

11.   Feedback. You may choose to or we may invite you to submit comments or ideas about the Website or any Services, including without limitation about how to improve the Website or any Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, voluntary, and without restriction and will not place Dribbble under any fiduciary or other obligation, and that we are free to use the Idea without any attribution or additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dribbble does not waive any rights to use similar or related ideas previously known to Dribbble, or developed by its employees, or obtained from sources other than you.

12.   Monitoring and Enforcement; Termination. Dribbble reserves the right to monitor downloads and user activity to ensure compliance with the terms of these Terms, which we may update from time to time in our sole discretion. We further reserve the right to monitor downloads and user activity for security of the Website or any Services, fraud detection, and protection of our Users and to ensure compliance with applicable laws. We may, without notice, change any of the Website or any Services, stop providing the Website or any Services or features of the Website or any Services, or create usage limits for the Website or any Services. We may permanently or temporarily terminate or suspend your access to the Website or any Services without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. We may remove or refuse to post any User Content or other content or communication for any reason or no reason in our sole discretion. We will not be liable for any loss or corruption of User Content or other content or communication you provide to the Website or any Services. Upon termination for any reason or no reason, you continue to be bound by these Terms.

13.            Copyright Infringement.  We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or any Services infringe your copyright, you may request removal of those materials (or access to them) from the Website or any Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

●       Your physical or electronic signature.

▪       Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.

▪       Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

▪       Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

▪       A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

▪       A statement that the information in the written notice is accurate.

▪       A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Copyright Agent
Dribbble
490 43rd St.

Unit 145

Oakland California 94609

[email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

14.   Subscriptions/Paid Accounts.

a.     Certain Website accounts, such as Dribbble Pro accounts”) are available only on a pre-paid subscription basis (collectively, “Subscriptions” or “Paid Accounts.    Pricing for Subscriptions will be provided by Dribbble through the Website at the time of purchase or are set out in the Pricing and Payment Terms.

b.     Unless otherwise set out at the time of purchase or on the Pricing and Payment Terms or as agreed to by Dribbble, fees for a Subscriptions will be billed and are due and payable in advance for each subscription period indicated in the description of the Paid Account (“Subscription Period”) and are non-refundable. There will be no refunds for partial months of service or for periods in which your Subscription remains open but you do not use the Services associated with the Subscription.

c.     Subject to your payment of applicable fees for a Subscription, we will provide the Services to you for the Subscription Period that you have paid for such Services. At the end of the Subscription Period, your Subscription will automatically renew for an additional Subscription Period unless and until it is expressly canceled by you as described in the “Termination” section below.

d.     You expressly agree that we are authorized to charge you (i) a fee for any applicable Services for which you have subscribed, billed on a basis of the Subscription Period, (ii) any other fees for the Services you may purchase, (iii) any charges for use of the Services in excess of the usage or other limits placed on your use of the Services (and you hereby consent to such charges and agree we are not required to notify you of any such charge in advance) and (iv) any applicable taxes in connection with your use of the Services to the credit or charge card you provide and to reimburse us for all collection costs and interest for any overdue amounts.

e.     If the credit or charge card you provide expires and you do not provide new credit or charge card information or cancel your Account, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees.

f.      Account Cancellation. You may cancel your Subscription account at any time; however, should you cancel your Subscription account, you will not be granted a refund upon cancellation. In the event that Dribbble suspends or terminates your Subscription account for any reason, you understand and agree that you shall receive no refund of any license or subscription fees for any portion of the Services, any content or data associated with your Subscription account, or for anything else.

g.     We may cancel any Subscription or Dribbble account without prior notice if we are unable to process payment through the provided method of payment.

15.   Correcting Issues.

a.     We will endeavor to assist you in correcting processing errors, which may by debiting or crediting the payment method used.

b.     Should you file a chargeback or dispute on a purchase you have made on the Services, we reserve the right to close your account without notice (in compliance with applicable laws and rules), and any and all rights granted to you related to the Service will be automatically rescinded ab initio and terminated. 

16.   Fees and Payments.

a.     Billing Policies. Certain aspects of the Services may be provided for a fee or other charge, such as Paid Accounts. If you elect to use paid aspects of the Services, you agree to the Pricing and Payment Terms. 

b.     Changes to Pricing of Pricing and Payment Terms.  We have the right to modify any and all pricing, fees and/or Pricing and Payment Terms from time to time and at any time in our sole discretion, by posting the revised Pricing and Payment Terms on the Website.

c.      Payment Processing Fees.  If you purchase any fee-based Service, including Paid Accounts, you agree that our third party payment gateways, such as Stripe and PayPal, may store your credit or charge card or other payment information.

d.     Refund Policy: You agree that all refunds are at the sole discretion of Dribbble. You also understand and agree that once a refund is requested, you are not permitted to use or exploit the product files or content in question, and immediately upon receipt of a refund, all licenses to such product files and underlying content are revoked, and you are not authorized to use the product in any form or for any purpose whatsoever.

e.     Payment Information. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Website or any Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Website or any Services at the prices in effect when such charges are incurred.

f.       Taxes. You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to any purchase or sale of services or goods under these Terms. When purchasing or selling services or goods under these Terms, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.

17.   Consent and Collection and Use of Data.

a.     Consents. We care about the privacy of our Users. Click here to view our Privacy Policy. You understand that by using the Services you consent to the collection, use and disclosure of your personal information as set forth in our Privacy Policy, and to have your personal information collected, used, transferred to and processed as described therein. You acknowledge and agree that you are responsible for obtaining all necessary consents, and for complying with all applicable laws (including privacy and data protection laws, related to personal information provided to us in connection with your use of the Service.

b.     Third Party Services. Please be aware that (among other things) third parties (such as social media platforms or other company websites that we link to online or from our web sites and applications) are responsible for their own privacy practices. Be sure to read the privacy policies, supplemental notices, and settings of all websites or platforms that you visit so you can understand their privacy practices and your options.

c.      Sensitive Personal Information. You agree to only provide tax and payment information in the specific areas of our website provided to collect that information. You agree not to provide any other Sensitive Personal Information. You acknowledge that any data storage functionality of the Services is not intended for the storage of medical information, health insurance information, sensitive data about personal characteristics or other personal data that may pose a risk of harm to the individual if improperly disclosed (collectively, "Sensitive Personal Information"). You agree to only upload or otherwise submit any Sensitive Personal Information to us in connection with the Service if required for billing, payment, or taxes. You agree that we have no responsibility or liability with respect to any such Sensitive Personal Information that is processed, transmitted, disclosed, or stored in connection with the Service.

d.     Data Controller.  The companies within Dribbble each act as the data controller for personal data processed in respect of their Services and referred to as “our,” “we,” or “us” below. Such companies within Dribbble operate the Services, which include websites, software, mobile services, and applications.

18.            Security. Dribbble cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your User Content and personal information and otherwise interact with or through the Website or any Services at your own risk. You are fully responsible for all interaction with or through the Website or any Services that occurs in connection with your registration information (including, without limitation, all Transactions). You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account or the Services, and to ensure that you "log off"/exit from your account with the Services (if applicable) at the end of each session. Please see Section 4 ("Your Account") for requirements on managing accounts. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. If you sign into with or through the Website or any Services using a third-party social networking platform account, be sure to review the privacy and data usage policies of such platform to learn more about its personal information practices and your options, as they may differ from those governed by our Privacy Policy and these Terms.

19.            Storage Practices and Limits. There is limited storage space for User Content on the Services. While we’ll make efforts we believe are reasonable to safeguard and backup User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any User Content. We reserve the right to mark or treat as "inactive" and archive accounts and/or User Content that are inactive for an extended period of time, as determined by us in our sole discretion. We reserve the right to change our practices and storage rules at any time in our sole discretion with or without notice to you.

20.            Third-Party Links and Content. The Services may contain third-party content (including User Content of other Users) and links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Dribbble. Dribbble does not endorse or assume any responsibility for any such third-party sites, information, materials, products, content, or services. If you access a third party website from the Services, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such sites. You expressly relieve Dribbble from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions or transactions of third parties (including other Users) found on the Services, including, and any other terms (such as warranties) are solely between you and such third parties. You agree that Dribbble shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

21.            Indemnity. You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify and hold harmless Dribbble and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (individually and collectively, "Our Parties"), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) suffered or incurred by any of Our Parties by reason of any claim, suit or proceeding ("Claim") arising out of or in connection with:

a.     Your use of and access to the Website or any Services, including any data or content transmitted or received by you.

b.     Your violation of any term of these Terms, including your breach of any of the representations and warranties provided therein.

c.      Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights.

d.     Your violation of any applicable law, rule or regulation

e.     Any claim or damages that arise as a result of any of your User Content or provision or use of any Project Deliverable or any that is submitted via your account.

f.       Any other party's access and use of the Services with your unique username, password or other appropriate security code.

g.     The infringement or violation of any third-party Intellectual Property Right or other right of by you or a product or service that you sell, license, purchase on, provide or receive through the Website or any Services or receive as part of a Transaction or the use thereof.

h.     Any dispute between or among any Users or third parties relating to any Project, Project Request, Project Proposal, Accepted Proposal, Section 5, any services, deliverables or payment related thereto, job board, employment offer or relationship or otherwise.

i.       Any of Our Parties’ role, action, failure to act or delay in acting in connection to any of the foregoing.

If we request that you defend a Claim, you will not agree to any settlement without our prior written consent, and we will have the right to participate, at our own expense, in the defense of any Claim with counsel of our own choosing. "Policies" mean collectively the Pricing and Payment Terms, Dribbble’s Community Guidelines, the Privacy Policy and all other terms incorporated into these Terms by reference.

22.            DISCLAIMER OF WARRANTIES. THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU USE THE WEBSITE AND THE SERVICES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DRIBBBLE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE WEBSITE AND THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DELIVERABLE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR ANY OF THE SERVICES IS DOWNLOADED OR OTHERWISE OBTAINED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT OR DELIVERABLE OR YOUR USE OF THE WEBSITE OR SERVICES. DRIBBBLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT, DELIVERABLE, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR OTHER THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND DRIBBBLE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OR OTHER THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

23.            DISCLAIMER OF DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL OUR PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF OUR PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:

a.     ERRORS, MISTAKES, TYPOGRAPHICAL ERRORS, OR INACCURACIES OF ANY SERVICE, USER CONTENT OR DELIVERABLE.

b.     PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES.

c.      ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.

d.     ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR ANY SERVICE.

e.     ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY SERVICE BY ANY THIRD PARTY.

f.       ANY ERRORS OR OMISSIONS IN THE WEBSITE OR ANY SERVICE OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

24.            LIMITATION OF LIABILITY. THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE WEBSITE OR ANY SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) ALL AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO MATTER WHEN PAYMENTS WERE ACTUALLY MADE). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IS NOT INTENDED TO, NOR DOES IT, REQUIRE THE RELINQUISHMENT OF ANY NON-WAIVABLE RIGHT AFFORDED TO YOU BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Website and Dribbble Services are controlled and operated from Dribbble’s facilities in Canada and the United States. Dribbble makes no representations that Website or the Services are appropriate or available for use in other locations. Those who access or use the Website or any Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations, and all laws related to protection and transfer of data and personal identifiable information. You may not use the Website or any Services if you are a resident of a country embargoed by Canada or the United States, or are a foreign person or entity blocked or denied by the Canadian or United States government.

THE FOLLOWING SECTIONS 25 AND 26 ARE ONLY APPLICABLE TO CANADIAN CONSUMERS:

25.            Arbitration.

a.     Any dispute or claim arising out of or relating to these Terms will be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre pursuant to its applicable Rules. The place of arbitration shall be Vancouver, British Columbia, Canada and the language of the arbitration shall be English. The number of arbitrators shall be one. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, Dribbble may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms are specifically enforceable by Dribbble through injunctive relief and other equitable remedies without proof of monetary damages.

b.     Class Action Waiver: TO THE EXTENT PERMITTED BY LAW, YOU AND WE AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DRIBBBLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this arbitration section is found to be illegal or unenforceable, that provision will be severed but the rest of this section still applies. 

c.      Opt Out: You may opt out of this arbitration agreement and class action waiver. If you choose to do so, neither you nor we can force the other to arbitrate and, following efforts to informally resolve any Disputes, the claim will be brought in court. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and the email address you used to set up your account (if you have one), and an unequivocal statement that you wish to opt out of this arbitration provision, all sent to [email protected]. You must also retain a copy of your opt-out notice.

26.            Governing Law. These Terms, the relationship between you and Dribbble and all related matters will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

THE FOLLOWING SECTIONS 27 AND 28 ARE APPLICABLE TO U.S. CONSUMERS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CONSUMERS IN ALL OTHER JURISDICTIONS OUTSIDE CANADA:

27.            Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY; IT AFFECTS YOUR RIGHTS, INCLUDING THE RIGHT TO BRING A CLASS ACTION.
Arbitration of Disputes: For any claim, disputes, or controversy between you and us that arises out of, is related to or connected with the goods or services you acquire from or through us (individually a "Dispute" and collectively "Dispute"), you agree to first contact Dribbble at [email protected] to attempt to resolve the Dispute informally. We hope we can resolve any Dispute with you.

In the unlikely event that you and Dribbble are unable to resolve the Dispute within sixty (60) days after you contact us, then you and we each agree to resolve the Dispute only by and through binding arbitration with a single arbitrator. You and we further agree that the arbitration may be administered by American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA or, if an arbitration is not possible through AAA, through a similar well-recognized nationwide arbitration administration service with similar rules.  The place of arbitration shall be New York City and the language of the arbitration shall be English. The number of arbitrators shall be one. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement.

The only exceptions to our agreement to arbitrate are as follows: (1) any and all Dispute related to injunctive relief and/or any dispute relating to the enforcement or validity of your, your licensors’, our, or our licensors’ Intellectual Property Rights (as discussed below); (b) to the extent that arbitration clauses are prohibited by applicable law in jurisdictions outside of the United States; or (c) a Dispute that meets the requirements to be heard in small claims court as a single-plaintiff claim (which you may bring in such a small claims court at your option).

You agree that the U.S. Federal Arbitration Act encourages the arbitration of private disputes in an efficient manner and shall govern the interpretation and enforcement of this provision. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notwithstanding any arbitration rules to the contrary, if your Claim is for U.S. $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing. If your Claim is for more than U.S. $10,000, at the option of either party, the arbitration will be conducted at an in-person hearing.

We will advance the payment of filing fees and arbitrator’s fees and expenses, with the understanding that the arbitrator will be permitted to re-allocate those costs in the award.

In any arbitration, the prevailing party will not seek to recover attorney’s fees or expenses. The award rendered by the arbitrator will be final and may be entered as a judgment in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.

Class Action Waiver: YOU AND WE AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DRIBBBLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this arbitration section is found to be illegal or unenforceable, that provision will be severed but the rest of this section still applies.

Opt Out: You may opt out of this arbitration agreement and class action waiver. If you choose to do so, neither you nor we can force the other to arbitrate and, following efforts to informally resolve any Disputes, the claim will be brought in court. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and the email address you used to set up your account (if you have one), and an unequivocal statement that you wish to opt out of this arbitration provision, all sent to [email protected]. You must also retain a copy of your opt-out notice.

28.            Governing Law and Jurisdiction. Subject to the other terms and conditions of these Terms, you agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be governed by and construed in accordance with the laws of the State of New York (and, to the extent controlling, the federal laws of the United States). The laws of the State of New York will govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act will not apply to (and are excluded from the laws governing) these Terms. In addition, you agree that any claim, action or dispute arising under or relating to these Terms that are not covered by the arbitration provisions above will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Federal or State courts in Manhattan in the City and State of New York. Nothing in the foregoing will prevent us from bringing an action for infringement of Intellectual Property Rights in any country where such infringement is alleged to occur.

29.            Notifications and Emails. By providing us with your email address, you consent to Dribbble using the email address to send you Website or Service-related notices, including any notices required by law, in lieu of communication by postal mail. Subject to applicable law, we may also use your email address to send you other messages, such as changes to features of the Service and special offers ("Newsletters"). We may provide other notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, "push" mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion (in accordance with applicable law). We reserve the right to determine the form and means of providing notifications to our Users. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You can manage your email and notifications preferences on your account settings page. In the case of any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe to those communications at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting [email protected]. Doing so may have a material impact on our ability to provide the Services to you and we are not responsible if you do so.

30.            Export Control. You acknowledge and agree that your use of the Services is subject to compliance with Canada, United States and other applicable export control and trade sanctions laws, rules and regulations, including, without limitations the regulations promulgated by Global Affairs Canada, the U.S. Department of Commerce and the U.S. Department of the Treasury ("Export Control Laws"). You will be solely responsible for complying with the Export Control Laws and monitoring any modifications to them. You represent and warrant that:

a.     You are not a citizen of, or located within, a nation that is subject to Canadian or U.S. trade sanctions or other significant trade restrictions (including, without limitation, Cuba, Iran, Sudan, Syria, Crimea, and North Korea).

b.     You are not identified on any Canadian or U.S. government restricted party lists (including, without limitation, the U.S. Treasury Department's List of Specially Designated Nationals and Other Blocked Persons, the U.S. Department of Commerce’s Denied Party List, Entity List and Unverified List and the U.S. Department of State’s proliferation-related lists).

c.      You will not, unless otherwise authorized under the Export Control Laws, use the Service in any restricted end use, including, without limitation, design, analysis, simulation, estimation, testing, or other activities related to nuclear, chemical/biological weapons, rocket systems or unmanned air vehicles applications.

d.     That no part of your User Content are subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws.

You agree that you will not use the Service to disclose, transfer, download, export or re-export, directly or indirectly, User Content or any other content or material to any country, entity or other party which is ineligible to receive the same under the Export Control Laws or under other laws or regulations to which you may be subject.

31.            Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise and OnGuard Online. Please note that we do not endorse any of the products or services listed at such site.

32.            Relationship. The parties' relationship to each other under these Terms is strictly that of independent contractors and nothing in these Terms will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture or other relationship. Each party will be responsible for covering their respective costs and expenses in performing their duties under or otherwise carrying out these Terms, unless expressly provided otherwise herein. If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms and the remainder of these Terms will continue in full force and effect. The section headings used in these Terms are for convenience only and will not be given any substantive effect. The English language version of these Terms is legally binding in case of any inconsistencies between the English version and any translations. If you access the Service in Canada, you agree to the following: The parties hereto confirm that it is their wish that these Terms, as well as other related documents, including notices, have been and will be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s’y rattachent, soient rédigés en langue anglaise. Except as expressly provided herein, a party may only waive its rights under these Terms by a written document executed by both parties. Any failure to enforce any provision of these Terms will not constitute a waiver thereof or of any other provision hereof. You may not assign or delegate these Terms or any of your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that we may assign or sub-contract any of its rights or obligations under these Terms.

33.   Communications.

a.     Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please contact us by writing to [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834.

b.     Confidentiality. By using the Service you agree you may acquire certain proprietary and confidential information (collectively, "Confidential Information"). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep such information confidential. This provision includes any materials exchanged in arbitration, except to the extent necessary to enforce an arbitral award.

34.   Entire Agreement. These Terms (including, without limitation, all other terms incorporated herein by reference) contain the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services. In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and any third party software license agreement or service level agreement that contain a link to the Services, the terms and conditions of these Terms will control, except: the Privacy Policy will control to the extent that it expressly overrides these Terms.

35.   Changes or Updates to these Terms. We may revise and update these Terms from time to time in our sole discretion. You are responsible for regularly reviewing these Terms to obtain timely notice of such updates. To the extent permitted by law, all changes are effective immediately unless we indicate a different effective date when we post them. Your continued use of the Website or any Service or the continued presence of your User Content on the Website after the effective date will be deemed an acceptance of the updates. Notwithstanding the foregoing, any changes to these Terms will not apply to any dispute between you and us arising prior to the date on which we posted the revised version of these Terms incorporating such changes or otherwise notified you of such changes.

36.   Independent Contractors.  No employment, agency or fiduciary relationship is created between you or any other User and us related to any Services or the provision or use thereof, and no employment, agency or fiduciary relationship is created between any User as part of or as related to any Project or User Content.  Each User will be solely responsible for any and all union fees, mandatory contributions, withholdings, taxes and surcharges, including income tax, VAT, use, excise or similar taxes, applicable to any Subscription, User Content or Project or related fees.  

37.   Contact. Please visit our Help Center with any questions regarding the Services, or submit a support ticket with any questions regarding these Terms, Service, account, or billing matters. You may also contact us by email at [email protected].

38.   Interpretation. Unless the context requires otherwise, in any part of these terms: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; (ii) " use of the singular imports the plural and vice versa; (iii) references to one or no gender include the other or no gender; "(iv) "Person" means an individual or legal entity, including a company or a governmental agency or instrumentality; and (v) the headings in this Agreement are for ease of reference only and shall not affect its interpretation.