Date of Last Revision: Oct 4, 2023
ARBITRATION NOTICE/CLASS ACTION WAIVER: PLEASE REVIEW THESE TERMS OF SERVICE (“TERMS”) CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND SKILLSHARE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (INCLUDING CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. THESE TERMS EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
These Terms constitute a legally binding agreement between you and Skillshare, Inc., a Delaware corporation, and its subsidiaries, representatives, affiliates, officers, and directors (collectively, “Skillshare,” “we,” “us,” or “our”) governing your use of Skillshare’s website and service, or services directly related to Skillshare’s website and service, including (without limitation) all websites, mobile applications, and other interactive properties through which such services are delivered, or live events (as defined in Section VI below) sponsored or facilitated by Skillshare (collectively, the “Service” or “Services”).
You can use these Services, at different times, as either a Student or a Teacher or both. When these Terms refer to “Teachers,” they specifically refer to those who use the Service to teach, advise, and/or mentor; upload classes or similar content; or provide other similar services; and who have the opportunity to earn payments from Skillshare or a Skillshare partner for such activity. When these Terms refer to “Students“ they refer to those who use the Service for any other purpose, including when you browse the Service or watch classes posted by Teachers. Unless otherwise specified, the use of “you” (or similar words like “your”) and “user” or “users” refers to both Students and Teachers, as applicable.
If you are a Teacher, your access to and use of the Service are additionally subject to the Teacher Rules and Requirements.
In these Terms, the words “including” and “include” mean “including, but not limited to.”
We may, at our sole discretion, modify these Terms at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications.
If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Students and Teachers must be at least 18 years of age to create an account on Skillshare and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the U.S. or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you watch or participate in classes or other content that is appropriate for you.
Additionally, the following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that deceased user will be closed.
We reserve the right to, at any time, without notice, modify, suspend, or terminate operation of or access to the Service, or any portion of the Service, for any reason. We further reserve the right to delete or suspend your account: (1) if you violate our Terms, Teacher Rules and Regulations, or our Community Guidelines; or (2) if you are inactive for an extended period of time.
We may use the email address you provide us when you create a Skillshare account to share with you marketing or other promotional communications. By creating an account and providing us an email address, you agree to the use of your email address for these purposes. You may opt out of future marketing or promotional communications at any time by going to your Account Settings at https://www.skillshare.com/en/settings/email-notifications. From there, you can choose the subjects on which you wish to receive marketing communications, or select “Don’t Send Me Any Email” to unsubscribe from all marketing and promotional communications.
From time to time, we or others on our behalf may offer trials of paid subscriptions to our Skillshare membership for a specified period without payment or at a reduced rate (a “Trial”). Skillshare reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we will require you to provide a payment method to start the Trial. At the end of such Trials, we will automatically charge you via that payment method for the applicable paid subscription on the first day following the end of the Trial and on a recurring monthly or annual basis, unless you cancel prior to the end of the free Trial, or before the renewal date, as applicable. By providing your payment details in conjunction with the Trial, you agree to this charge using such payment method. If you do not want this initial charge, or the renewal charge, you must cancel the applicable paid subscription prior to the charge through your payment settings within your Skillshare account profile located at https://www.skillshare.com/settings/payments.
We also occasionally run time-limited promotions and sales, during which time the cost of subscription may be lower. The subscription price we offer may be different when you are logged into your account compared to the price available to users who aren’t registered or logged in, for example because some of our promotions are available only to new users. Promotional or sale prices will typically be limited to a specified period of time (for example, one year for discounts on annual subscriptions). At the end of that period of time, your subscription will automatically renew at the then-applicable full price, unless you cancel prior to renewal by changing your settings on your account profile.
Please consult our Refund Policy to learn more about whether you might be entitled to a refund for your purchase.
Skillshare has no obligation to consider or grant refund requests, including (i) for subscription plans purchased with a 7-day or longer free trial; or (ii) that otherwise do not follow our Refund Policy. To the extent permissible under applicable law, you are entitled to one refund only. Once a refund for a subscription is confirmed, you will lose all access to your Skillshare membership.
We will not provide refunds to users who have acted in a fraudulent manner or in a way that violates or would violate these Terms or our Community Guidelines (as determined in our sole discretion), including users who have been deactivated for the same.
If you purchased a subscription through the Apple iTunes Store, our iPhone application, the Google Play Store, or our Android application, please consult the refund policy associated with the service by which you subscribed.
You may cancel your Skillshare membership at any time for any or no reason, but if you cancel your membership before the end of the current subscription period, we will not refund any subscription fees already paid to us or charged to your payment method except in the limited circumstances set forth in Section II.C above. To cancel your recurring subscription, please visit your payment settings within your Skillshare account profile located at https//www.skillshare.com/settings/payments. If you cancel your Skillshare membership, you will lose access to all classes you enrolled in during your Skillshare membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid. If you pay for your subscription through an account with a third party (e.g., Apple iTunes or GooglePlay), you may have to cancel through that third party.
To use the Service, you must agree to comply with the following:
All right, title, and interest in and to the Skillshare Services, including our websites, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Service (but excluding content provided by Teachers and Students) are and will remain the exclusive property of Skillshare and its licensors. Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Skillshare name or any of the Skillshare trademarks, logos, domain names, and other distinctive brand features.
Subject to your compliance with these Terms we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, noncommercial, and educational use, solely as expressly permitted by these Terms and subject to all the terms and conditions of these Terms and other Governing Documents, all applicable laws, and any additional terms contained on the Service. Any other use of the Services is strictly prohibited. Nothing contained on the Services should be interpreted as granting to you any license or right to use any of the Services, User Content (as defined below), and/or any third-party proprietary content on the Services without the express written permission of Skillshare or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Skillshare.
These Terms define “User Content” as any design, text, graphic, image, video, logo, button icon, software, audio file, computer code, digital goods, or other content that a user (including both Students and Teachers) posts, submits, transmits, uploads, or otherwise includes or makes available on and/or via the Service. You represent and warrant that you own all intellectual property rights in the User Content and/or have obtained all authorizations and rights, including permission from any copyright or trademark owner or releases from any models or other individuals appearing in any User Content, necessary for you to display, promote, and otherwise exploit the User Content through the Services, and to convey all rights granted under these Terms.
Except as specified otherwise herein and in the Teacher Rules and Requirements, no User Content or other material made available on or through the Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used by other users to create derivative works, in any way, without written permission of the applicable rights holder unless such User Content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such content for your own personal, noncommercial, and educational use. For example, certain class materials may be made available as unprotected PDF files that can be downloaded by Students and/or other users of the Service. User Content not made available for download may not be downloaded or copied without prior written permission. Modification of User Content obtained from the Service, for any other purpose, including any commercial purpose, is a violation of the rights of Skillshare or its users or licensors, unless you have obtained express written authorization to the contrary.
We neither endorse nor assume any liability for any User Content posted to the Service. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the User Content. If you access User Content, you rely on any information provided in that User Content at your own risk.
However, we and our agents have the right, at our sole discretion, to remove any User Content that, in our judgment, does not comply with the Governing Documents, applicable law, and/or any other rules of user conduct for the Service, or that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any User Content from the Service. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Content, whether it is your own or another user’s. If you believe that User Content on the Skillshare platform violates a patent, trademark, trade secret, right of publicity, or other right of any party, you can contact Skillshare at firstname.lastname@example.org. See Section VII below for a description of the procedures to be followed in the event that any party believes that User Content infringes on their copyright or the copyright of a party they are authorized to act on behalf of.
Any feedback, comments, or suggestions you may provide regarding Skillshare or the Service is entirely voluntary and you authorize Skillshare to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit, without any obligation to you. You agree that you shall have no recourse against Skillshare for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Skillshare.
For specific information on copyright and other intellectual property policies related to Teachers and class content, please see our Teacher Rules and Requirements.
For Students Only:
User Content submitted by Students for inclusion on the Service (including any information submitted on message boards, forums, or other public areas of the Service) is referred to in these Terms as “Student Content.” All Student Content is subject to these Terms. Skillshare does not guarantee any confidentiality with respect to Student Content, regardless of whether or not it is published. You are solely responsible for your own Student Content and the consequences of posting or publishing it.
Students outside of the E.U. and U.K.: By submitting or posting Student Content on or through the Service, you grant us a worldwide, non-exclusive license (with the right to sublicense) to use, reproduce, distribute, access, view, crop, resize, copy, license, transmit, broadcast, and publicly perform and publicly display copies of your Student Content (including your name and image) in any form, medium, or technology, including all media or distribution methods, now known or later developed for any lawful purpose. This includes making your Student Content available to other companies, organizations, or individuals who partner with Skillshare for the syndication, broadcast, distribution, or publication of content on other media, as well as using your Student Content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any Student Content that you submit. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis with no compensation paid to you.
Students in the E.U. and U.K.: By submitting or posting Student Content on or through the Service, you grant us a worldwide, non-exclusive license (with the right to sublicense) to use, reproduce, distribute, access, view, crop, resize, copy, license, transmit, broadcast, and publicly perform and publicly display copies of your Student Content (including your name and image) on the Service or a platform owned, managed, and/or hosted by a third party with whom Skillshare has entered into a written agreement to host, display, and publicly perform content. This includes making your Student Content available to other companies, organizations, or individuals who partner with Skillshare for the syndication, broadcast, distribution, or publication of content on other media, as well as using your Student Content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any Student Content that you submit. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis with no compensation paid to you.
Skillshare or a Teacher may inform you of and/or host a live event (“Event”) from time to time, for which you may be given or may be able to purchase tickets (each, a “Ticket”). The contract for the purchase or provision of a Ticket to an Event is formed when Skillshare, or a third-party partner acting on Skillshare’s behalf, sends you a confirmation email stating that you have been given a ticket.
You authorize us to charge your payment method for such a transaction, where applicable. By submitting an offer to purchase and providing us, or a third-party partner acting on our behalf, with your payment method at checkout, you authorize Skillshare (acting by its payment processor) to charge that payment method to take payment for your order. We are not responsible for any losses you may suffer if the payment method you use to pay for a Ticket does not have sufficient funds to cover all costs of that order.
Events may take place in different countries, and Tickets will be sold in U.S. dollars (USD). You shall be responsible for any additional charges to which you may be subject by your credit or debit card provider or bank, or any currency exchange rate fluctuations and Skillshare does not accept liability for these.
Skillshare is not obliged to offer refunds for Tickets purchased for a specific date, should you change your mind about your purchase or fail to attend the Event. Should an Event be canceled, you will be entitled to a full refund of the price paid for any Tickets you purchased for that Event.
A Ticket is a personal revocable license which may be withdrawn, and admission refused, at any time, subject to these Terms and any terms related to the Event or on the Ticket itself. Before you purchase a Ticket, Skillshare or the hosting Teacher will generally inform you of any restrictions which apply to entry. Skillshare will not be responsible for the consequences of any failure by you to abide by such information provided pre-purchase. Ticket holders may also be ejected from an Event at any time if Skillshare employees or an event organizer or those working on their behalf determines that the Ticket holder is acting in contravention of the law, is a safety or security risk, may affect the enjoyment of others at the Event, or may cause damage, nuisance, or injury.
In accordance with the Digital Millennium Copyright Act (“DMCA”), we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users, and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Skillshare’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, may send us a counter-notice containing the following information:
If a counter-notice is received by the Designated Agent, Skillshare may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Skillshare may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material will be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.
Please contact Skillshare's Designated Agent at DMCA@skillshare.com. Alternatively, you may send a complete notice of copy infringement to the following address:
Attn: Platform Operations Department
215 Park Avenue South, 11th Floor
New York, NY 10003
Please read this section carefully. It affects your legal rights, including your right to file or participate in a lawsuit in court.
(1) Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and Skillshare, Skillshare is committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: email@example.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with Skillshare. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and Skillshare agree to the further Dispute resolution provisions below.
This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. Failure to engage in this process could result in the award of fees against you in arbitration. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
For sake of clarification only, the informal dispute resolution negotiation shall be individualized such that a separate negotiation must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution negotiation, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference.
(2) Mutual Arbitration Agreement. If the informal dispute resolution procedure in Subpart (1) does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided for herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to firstname.lastname@example.org. If you are a Skillshare account holder, any demand initiating arbitration, whether filed by you or Skillshare, must include the email address you used to create an account with Skillshare.
Except as set forth below, you and Skillshare agree that by using the Services in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Skillshare and/or its parent, subsidiaries, affiliates, and each of their respective current or former members, officers, directors, and employees (all such individuals and entities collectively referred to herein as the “Skillshare Entities”) arising out of or relating to the Services or these Terms–including but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or the timing of any administrative or arbitrator fees–(each a “Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section VIII (the “Arbitration Agreement”).
This Arbitration Agreement applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.
This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
The parties understand that an arbitrator and not a judge or jury will decide the Dispute, and that rights to discovery and appeals may be limited in arbitration. The parties further understand that the costs of arbitration could exceed the costs of litigation in some instances.
You hereby acknowledge and agree that by agreeing to these Terms and Arbitration Agreement, you and Skillshare are each waiving the right to a trial by a jury to the maximum extent permitted by law.
Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
(3) Class Arbitration and Collective Relief Waiver. You and Skillshare acknowledge and agree that, to the maximum extent allowed by law, except as set out otherwise in Subpart (6) below, any arbitration shall be conducted in an individual capacity only and not as a class or collective arbitration and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party's claim; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis, but it may do so if and only if Skillshare provides its consent to consolidate in writing.
With the exception of this Subpart (3) and Subpart (6) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this Subpart (3) or Subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Skillshare shall be entitled to arbitrate their dispute.
(4) Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at email@example.com. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.
(5) Arbitration Location and Procedure. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in New York City, New York (unless otherwise agreed by the parties).
The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.
(a) Arbitration Demand Must Contain Sufficient Notice. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms.
(b) Arbitration Conducted on Papers in Some Instances. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Skillshare submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
(c) Dispositive Motions. Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.
(d) Confidentiality. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Skillshare (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
(6) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Skillshare (“Mass Filing”), the parties agree (i) to administer the Mass Filing in sequential batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches is filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 20 anticipated batches, 10% of which – i.e., 2 batches – may proceed simultaneously); (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Skillshare and the claimants, shall only be due after your demand for arbitration is included in a batch proceeding and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each batch including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vii) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or Skillshare may cease arbitration and file in a court of competent jurisdiction.
Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted.
You agree to cooperate in good faith with Skillshare and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Skillshare otherwise consents in writing, Skillshare does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subpart (6). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Skillshare shall be entitled to arbitrate any claim that is a part of the Mass Filing.
(7) Mediation Following First Batch in a Mass Filing. The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with Skillshare and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Skillshare, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Skillshare or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Skillshare nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
(8) Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of Section X “Disclaimer of Warranties” and Section XI “Limitation of Liability” as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.
(9) Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Skillshare will pay any filing and hearing fees in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.
The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Subpart (6)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
(10) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to firstname.lastname@example.org with the subject line, “ARBITRATION OPT-OUT”. Your notice must include your name and address, the email address you currently use to access your Skillshare account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. The notice must be sent within thirty (30) days of first becoming subject to this Arbitration Agreement. You become subject to this Arbitration Agreement on (a) October 4, 2023, or (b) the date you create your Skillshare account (if you created your account after October 4, 2023), whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, Skillshare also will not be bound by it.
(11) Changes. Skillshare will provide thirty (30) days’ notice of any material changes to this Section VIII. Any such changes will go into effect 30 days after Skillshare provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If Skillshare changes this Section VIII after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes.
You may only resolve your dispute with Skillshare on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. Except as described in Section VIII(6), class actions, class arbitrations, collective actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
The Service and all materials included therein (whether housed on the Service alone or also on a third-party platform) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Service and materials will meet your requirements, (b) the Service and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable, or (d) the quality of any class or Event that you attend via the Service, or any other products, services, or information purchased or obtained by you from the Service, from us or our affiliates, will meet your expectations or be free from mistakes, errors, or defects.
The use of the Service or the downloading or other acquisition of any materials through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.
In the event that any content available on the Service is also available through any third-party platform, or if Skillshare provides links from the Service to any third-party platform or permits any third-party to link from its platform to the Service, you understand and agree that Skillshare makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Skillshare, and Skillshare provides and/or permits these links only as a convenience to you.
Skillshare-affiliated content available through the Service or a third-party platform or presented at any class or Event represents the opinions and judgments of an information provider, user, Student, Teacher, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including any Teacher(s), other than an authorized Skillshare spokesperson speaking in his/her official capacity.
Skillshare does not (i) directly or indirectly practice medicine, law, or financial planning, (ii) dispense medical, legal, or financial services, (iii) provide medical, legal, or financial advice, or (iv) otherwise convey medical, legal, or financial opinions. You agree and understand that Skillshare assumes no liability for the accuracy or completeness of any content offered on the Service.
To the extent Skillshare provides any information regarding health, wellness, or physical exercise through the Service, we do so only in a general way. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that Skillshare will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
In no event shall Skillshare or its officers, directors, employees, agents, affiliates, and their respective successors and assigns (collectively, the “Skillshare Parties”) be liable to you or any third-party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the Service, any Event, or any web site or third-party platform referenced or linked to from the Service or that otherwise displays Skillshare-affiliated content.
Further, neither we, nor any other Skillshare party, shall be liable in any way for any class, Event, or other third-party goods and services offered through the Service or through a third-party platform. You agree that Skillshare is not party to any transaction between any Student and/or Teacher and cannot be held responsible for any issues arising from any such transaction. We have no control over and do not guarantee the accuracy or validity of any statement, claim, or offering made by a Teacher, nor do we guarantee the performance or conduct of any Teacher, Student, or third party.
We are also not liable for the acts or omissions of any third parties, including third parties you might interact with during a class or Event. Skillshare generally does not supervise classes or Events and is not involved in any way with the actions of any individuals (whether Students or Teachers) at any class or Event. We generally do not have control over the identity or actions of the individuals who are present at these classes or Events, and we require that our users exercise caution and good judgment when participating in classes or Events. Some classes or Events may carry inherent risk and by participating in those classes or Events, you choose to assume those risks voluntarily. You acknowledge and agree that by participating in any class or Event (whether as a Student or Teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage, and death. You are solely responsible for all costs and/or risks associated with your participation in any class or Event.
To the fullest extent permitted by law, you hereby release and hold harmless Skillshare and each of the other Skillshare Parties from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to your use of the Service or participation in any class or Event, whether as a Student or Teacher, including as it relates to the acts or omissions of any third party used by Skillshare to facilitate the Service or any payments related thereto. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators, and assigns.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you to the extent such jurisdictional restrictions are applicable.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Upon a request by us, you agree to defend, indemnify, and hold us and the other Skillshare Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms or any of the other Governing Documents, or negligent or wrongful conduct, including with respect to any User Content you upload or place onto the Skillshare Platform. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You acknowledge that the Services and the items made available through the Services, are subject to U.S. export control and sanctions laws and regulations, including the Export Administration Regulations and the regulations, rules, and executive orders administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) (collectively, the “Export Controls and Sanctions Laws”). You represent and warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Belarus, Cuba, Iran, North Korea, Russia, Syria, or the occupied regions of Ukraine). You represent and warrant that you are not a person or entity who is named on any U.S. government list of restricted parties that would require a license to use the Service. You also represent and warrant that you are not owned 50% or more by such a restricted party, if such ownership would cause you to become subject to similar restrictions.
If you become subject to such a restriction during the term of any agreement with Skillshare, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Skillshare).
You may not access, use, export, re-export, divert, transfer in-country, or disclose any portion of the Services or any related software, technical information, or materials, directly or indirectly, in violation of any United States and other applicable country Export Controls and Sanctions Laws, rules, and regulations and requirements. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled by such laws.
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.
Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Skillshare may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service to any affiliate or partner of Skillshare or to another third party in the event that some or all of the business of Skillshare is transferred to such other third party by way of merger, sale of its assets, or otherwise.
Most communication between Skillshare and you will be sent and received electronically. You agree that all electronic communication between Skillshare and you shall satisfy any legal requirements that such communications be in writing.
Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Any rights of Skillshare not expressly granted herein are reserved.