Society6 is a platform for the world's artists and creatives to promote their work and connect with unique opportunities. Anyone can join.

Terms Of Service

By using the services on the websites of Society6, LLC, a Delaware limited liability company ("Society6"), including without limitation, www.society6.com and other related websites where this agreement appears, you are agreeing to the following terms of service, including those available by hyperlink, with Society6 and the general principles for the websites of our subsidiaries and affiliates.

Before you may become a member of Society6, you must read and accept all of the terms of service in, and linked to, this user agreement (this "Agreement") and Society6's Privacy Policy (the "Privacy Policy"). As you read this Agreement, you should also access and read the linked information. By accepting this Agreement, you also agree that your use of some Society6-branded websites or websites we operate may be governed by separate user agreements and privacy policies. This Agreement is effective upon acceptance for each new user.

Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated. This means that you, and not Society6, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Society6 services. Society6 does not control the Content posted via the Society6 services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Society6 services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Society6 be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Society6 services.

You acknowledge and agree that any collaboration that you participate in, no matter the form in which you participate, will not result in you obtaining any rights, including, without limitation, any proprietary, intellectual property, contract or other right, with respect to any work or product produced or resulting from such collaboration. All such rights shall belong exclusively to the creator of such work or product, unless otherwise agreed to in a separate user agreement or Collaboration Submission Agreement.

While using the Society6 services you agree not to:

  1. post Content or items in an inappropriate category or areas on our websites and services;
  2. violate any laws, third party rights, or our policies;
  3. use our websites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our websites;
  4. fail to deliver payment, services or product for collaborations posted by you unless a clear typographical error is made or you cannot authenticate the recipient's identity;
  5. interfere with other user's posts;
  6. circumvent or manipulate our fee structure, the billing process, or fees owed to Society6;
  7. post or provide false, inaccurate, misleading, incomplete, defamatory or libelous Content;
  8. take any action that may undermine any ratings system that Society6 may use;
  9. upload, post, email, transmit or otherwise make available any Content that contains or is alleged to contain any work, name, mark, designation, materials or link that actually or potentially violates any applicable law or regulation or infringes any patent, trademark, trade secret, copyright or other proprietary, intellectual property, contract or tort right of any person;
  10. transfer your Society6 account and user identification to another party without our consent;
  11. distribute viruses or any other technologies that may harm Society6 or the interests or property of Society6 users;
  12. copy, modify, or distribute (i) Content from any Society6 website or (ii) any Society6 copyrights or trademarks;
  13. harvest or otherwise collect information about users, including email addresses, without their consent;
  14. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  15. harm minors in any way;
  16. impersonate any person or entity, including, but not limited to, a Society6 official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  17. forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Society6 service;
  18. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  19. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  20. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  21. "stalk" or otherwise harass another.

Violation of any of these agreements will result in the termination of your Society6 account. While Society6 prohibits such conduct and Content on its site, you understand and agree that Society6 cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Society6 service at your own risk.

You acknowledge that Society6 may or may not pre-screen Content, but that Society6 and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Society6 services. Without limiting the foregoing, Society6 and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Society6 or submitted to Society6, including without limitation information in Society6 collaborations, posts and in all other parts of the Society6 services.

You acknowledge, consent and agree that Society6 may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Society6, its users and the public.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted Content, and take technical and legal steps to keep users off the Society6 websites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.

Registration

You do not have to register to use the Society6 service. However, in order to become a Society6 publisher, you must register, even if you only wish to leave a comment and not upload material. To register, you must create a user account, which includes a valid email address and password. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another's Society6 account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Society6 immediately of any breach of security or unauthorized use of your account. Although Society6 will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Society6 or others due to such unauthorized use.

Society6 reserves the right to refuse registration or cancel a Society6 user account in its sole discretion.

Copyright Policy (What's Yours is Yours)

Society6 has a zero tolerance policy for infringement on another's copyrights and other intellectual property rights. It is Society6's policy to expeditiously remove Content that it believes may contain material that infringes upon the copyrights or other intellectual property rights of third parties and to terminate the accounts of all Society6 publishers who are repeat offenders of Society6's copyright policies and these Terms of Service. Society6, in its sole discretion, may terminate your account the first time you post copyrighted material. We retain, in our sole discretion, the right to review individual instances on a case-by-case basis prior to termination of accounts.

In accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"), Society6 has established robust standards regarding copyright infringement. Society6's Designated Agent to Receive Notification of Claimed Infringement ("Copyright Agent") can be contacted at the following:

Society6
Attention: Copyright Agent
409 N. Pacific Coast Hwy. #133
Redondo Beach, CA 90277

Only DMCA notices should be sent to the Copyright Agent. For all other requests for technical support, feedback, comments, and other communications please Contact Us here.

Procedure for reporting Copyright Infringements:

If you believe that Content or other material residing on or accessible through the Society6 service infringes your copyright, please send a notice of claimed copyright infringement containing the following information to the Copyright Agent:

  1. An electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Society6 is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and e-mail address;
  5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, or if Society6 otherwise comes to believe in good faith that Content on the Society6 website may contain material that infringes copyright, it is Society6's policy to (1) remove or disable access to the Content or other material identified in the notice of claimed infringement; (2) notify the Society6 publisher or user that it has removed or disabled access to the Content; and (3) terminate any Society6 publisher that has uploaded or posted Content that violates this Copyright Policy and/or these Terms of Service in more than one instance.

Procedure to Supply a Counter-Notice to the Copyright Agent:

If you, as the Society6 publisher or user believes that the Content that was removed or to which access was disabled is not infringing, or the Society6 publisher or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the Society6 publisher or user may send a counter-notice containing the following information to the Designated Agent:

  1. An electronic signature of the Society6 publisher or user;
  2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  3. A statement that the Society6 publisher or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  4. Society6 publisher's or user's name, address, telephone number, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Society6 publisher's or user's address is located, or if the Society6 publisher's or user's address is located outside the United States, for any judicial district in which Society6 is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Society6 may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Society6 publisher or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Society6's discretion.

Fees and Services

When you submit a collaboration listing, post or use a service that has a fee you will be charged then current fees, which we may change from time to time. Changes to our fees are effective after we provide you with at least fourteen (14) days' notice by posting the changes on the Society6 websites, email notification, or by other means. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the websites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our websites and services in a timely manner through the use of a verified PayPal account. If your payment fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Content

Content on the Society6 service is meant for all audiences. You understand that you will be exposed to Content from a variety of Society6 publishers and that Society6 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Society6 with respect thereto, and agree to defend, indemnify and hold harmless Society6, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the Society6 service.

Society6 does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you submit, post, upload, display, or sell on or through Society6. When you submit, post, upload, display, or sell Content, you grant Society6 a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence (and sublicensable) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post, upload, display, or sell on or through Society6 (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

While we try to offer reliable data, we cannot promise that the Content and postings on the Society6 websites will always be accurate and up-to-date. You will be responsible for ensuring that your posts are accurate and do not include misleading information. You agree that you will not hold us responsible for inaccuracies in any postings or grant listings on the Society6 websites. The postings and listings may include copyrighted, trademarked or other proprietary materials. You may use Content only for informational purposes and only in connection with your Society6 listings. You may not use such Content in a way that infringes or violates anyone's proprietary rights.

Liability

You will not hold Society6 responsible for other users' Content, actions or inactions, or collaborations or other postings they list. You acknowledge that the Society6 websites are a venue to allow anyone to offer a variety of collaborations, whether they be monetary or otherwise, in a variety of pricing formats and venues. We are not involved in the actual transaction between the website users. We have no control over and do not guarantee the quality, safety or legality of collaborations advertised, the truth or accuracy of users' Content or listings, the ability of parties to deliver on collaborations or that the parties will actually complete a transaction.

We cannot guarantee continuous or secure access to our services, and operation of the websites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our websites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Society6 has no control over and does not guarantee the delivery of the advertised collaborations and that Society6 shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.

Access and Interference

Much of the information on the websites is updated on a real-time basis and is proprietary or is licensed to Society6 by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the websites for any purpose without our express written permission.

Additionally, you agree that you will not:

  1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (except for your information) from the websites without the prior expressed written permission of Society6 and the appropriate third party, as applicable;
  3. interfere or attempt to interfere with the proper working of the websites or any activities conducted on the websites; or
  4. bypass any measures we may use to prevent or restrict access to the websites.

Privacy

We use your information only as described in the Society6 Privacy Policy. We view protection of users' privacy as very important. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account or opting-out of certain communications. If you object to your information being transferred or used in the manner provided for in the Society6 Privacy Policy please do not use our services.

Termination of Account

Society6 may terminate your access to all or any part of the Society6 service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Society6 service at any time, provided that all provisions of these Terms of Service, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Society6 will terminate your access to the site if you are determined to be, in Society6's sole discretion, a repeat infringer of the Copyright Policy and/or these Terms of Service. Society6 may, but shall not be obligated to, give you one warning if you have violated these Terms of Service prior to termination of your account.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on Society6's registered agent in the State of Delaware (with respect to notices delivered to Society6) or to the email address you provide to Society6 during the registration process (with respect to notices provided to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Alternatively, we may give you legal notice by mail to the address provided during the PayPal verification process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and Society6, you and Society6 agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as Society6 and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Delaware as they apply to agreements entered into and to be performed entirely within the State of Delaware between Delaware residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Society6 must be resolved by a court located in the state of Delaware, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the state of Delaware for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against Society6 must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Society6 may recover attorneys' fees and costs up to the greater of (i) its actual attorneys' fees and costs or (ii) $1,000, provided that Society6 has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this website. Except as stated elsewhere, all amended terms shall automatically be effective thirty (30) days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and Society6. This Agreement sets forth the entire understanding and agreement between you and Society6 with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Content, Release, Liability, Indemnity and Resolution of Disputes.