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Thank you for your interest in Gumroad.com, an Internet platform owned and operated by Gumroad, Inc., a Delaware corporation ("Gumroad," "we," or "us"). Gumroad provides buyers and sellers (collectively, "Users") an e-commerce engine (the "Service") for the purchase and sale of electronic content ("Digital Goods") via a link (the "Gumroad Link") to a file hosted by the seller ("Seller") or by Gumroad at Gumroad.com (the "Website"). This Agreement is subject to change by Gumroad in its sole discretion at any time by posting notice of the change on the Website. If Gumroad makes any material changes and you have registered to use the Service, Gumroad will also send an email to you at the last e-mail address you provided to Gumroad pursuant to this Agreement. Any changes to the Agreement will be effective immediately for new Users and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users, provided that any material changes shall be effective for registered Users (defined below) upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to existing Users. Gumroad may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Service and terminate the Agreement as described below. Otherwise, your continued use of the Service constitutes your acceptance of such change(s). Please regularly check the Website to view the then-current Agreement. 1. Acknowledgement and Acceptance of Agreement This Agreement is an electronic contract that sets out the legally binding terms of a User’s use of the Website and the Service. By selling or purchasing Digital Goods or by downloading or using the Gumroad Link, you accept and agree to be bound by the terms of this Agreement, whether or not you register with Gumroad. Please read this Agreement carefully. We strongly recommend that, as you read this User Agreement, you also access and read any linked information. This Agreement includes Gumroad’s Privacy Policy, and any notices regarding the Website or the Service. You agree and understand that certain features of the Website or the Service may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are using the Service or accessing the Website shall constitute a breach of this Agreement. Use of the Service or the Website is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, use of the Service or Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Service or the Website. 2. Using Gumroad While using the Service, the Website and/or the Gumroad Link, you will not: violate any laws, third party rights or our policies; use our Website, Service, Gumroad Link, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Website, Service, Gumroad Link, or tools; fail to deliver payment for Digital Goods purchased by you; fail to deliver Digital Goods purchased from you; circumvent or manipulate our fee structure, the billing process, or fees owed to Gumroad; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses or pyramid schemes or any other technologies that may harm Gumroad, or the interests or property of Gumroad users; export or re-export any Gumroad tools except in compliance with the export control laws of any relevant jurisdictions; copy, modify or distribute rights or content from the Website, Service or tools or Gumroad's copyrights and trademarks; or harvest or otherwise collect information about Users, including email addresses, without their consent. 3. Abusing Gumroad Gumroad and our community of Users (the "Community") work together to keep our Website and Service working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our Service and user accounts, prohibit access to our Website and content, Service and tools, delay or remove hosted content, including but not limited to Digital Goods and User Content, and take technical and legal steps to keep Users off the Website if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Gumroad transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other Users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Website, Service, Gumroad Link, or tools. 4. Buyer Protection Buyers of Digital Goods ("Buyers") and Sellers share the responsibility for making sure purchases facilitated by Gumroad are exciting, rewarding and hassle-free. Buyers and Sellers agree to follow the requirements of the Gumroad Buyer Protection Policy with respect to claims. We may suspend the Gumroad Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program. We require Gumroad Sellers to comply with our resolution process. Buyers and Sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer ("Buyer") files with Gumroad under the Gumroad Buyer Protection Policy. If we resolve a dispute in the Buyer's favor, we will refund the Buyer for the full cost of the item, and we will require the Seller to reimburse us for the amount due to the Buyer. In addition: Sellers agree to allow us to remove funds from their Gumroad accounts for amounts due to Buyers. Where there are insufficient funds in Gumroad accounts, we will require another reimbursement method. Sellers agree to allow us to charge the payment method they designate for amounts due to Buyers. Changing a reimbursement method will not affect Gumroad's use of a payment method on file for other purposes (such as payment of your Gumroad fees). If Sellers do not provide Gumroad with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict Sellers from using our Service or Website until payment is made. Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous Gumroad Buyer Protection refund or reimbursement. 5. Holds To protect against the risk of liability, Gumroad has the ability hold Seller funds based on certain factors, including, but not limited to, selling history, Seller performance or the filing of Gumroad Buyer Protection claim. You agree to use User information only for: Gumroad transaction-related purposes that are not unsolicited commercial messages; using services offered through Gumroad (such as shipping and fraud complaints), or other purposes that a User expressly chooses. 6. Fees and Services Buyers may use our Website and/or Service at no cost. We do charge Sellers a fee for each sale conducted via the Service, based on a sliding scale of their total monthly transactions, plus a per transaction fee to cover merchant costs (the "Fees"). When you list Digital Goods, you have an opportunity to review and accept the fees that you will be charged based on our Fee Schedule (see here), which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Website. In addition, you are responsible for paying all fees and applicable taxes associated with our Website and Service (the "Taxes"). We credit to your Paypal account the purchase price for all Digital Goods sold by you using the Service, less Fees and Taxes, within 60 days following the end of the calendar month in which the payment for such Digital Goods was received by us, provided, however, that we may accrue and withhold such payment until the total amount due to you is at least $10. 7. Content License. Any and all links to audio, text, photos, pictures, graphics, comments, and other content, data or information that you make available for sale to buyers via Gumroad (hereinafter "User Content") is generated, owned and controlled solely by you, and not by Gumroad. Gumroad does not claim any ownership rights in your User Content, and you hereby expressly acknowledge and agree that your User Content remains your sole responsibility. Posting and Communication Restrictions. You will not post on the Website, transmit to other Users, communicate any User Content (or links thereto) or Digital Goods (or links thereto), or otherwise engage in any activity on the Website or through the Service, that: promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; is intended to or tends to harass, annoy, threaten or intimidate any other Users of the Website or Service; is defamatory, inaccurate, abusive, obscene, profane, child pornographic, offensive, obscene or otherwise objectionable; harmful to minors in any way; contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first; contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices; intended to defraud, swindle or deceive other Users of the Service; contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; promotes or solicits involvement in or support of a political platform, religion, cult, or sect; disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes; is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Website or the Service; impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; solicits gambling or engages in any gambling or similar activity; uses scripts, bots or other automated technology to access or scrape content from the Website or Service; uses the Website or Service for chain letter, junk mail or spam e-mails; collects or solicits personal information about anyone under 18; or is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities. No False Information. You will not provide inaccurate, misleading or false information to Gumroad or to any other User. If information provided to Gumroad or another User subsequently becomes inaccurate, misleading or false, you will promptly notify Gumroad of such change. Feedback. By submitting ideas, suggestions, documents and/or proposals ("Feedback") to Gumroad through its suggestion, feedback, wiki, forum or similar pages, you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) Gumroad is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Gumroad shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; (iv) Gumroad may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from Gumroad under any circumstances.. 8. Limitation of Liability You will not hold Gumroad responsible for other Users' Content or Digital Goods, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, our Service allows anyone to offer, sell, and buy Digital Goods, at any time, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between Buyers and Sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of Digital Goods advertised, the truth or accuracy of User Content or listings, the ability of Sellers to sell the Digital Goods, the ability of Buyers to pay for Digital Goods, or that a Buyer or Seller will actually complete a transaction or return a Digital Good. We do not transfer legal ownership of items from the Seller to the Buyer. To the extent Digital Goods sold pursuant to this Agreement are deemed to be "goods," as defined in California Commercial Code §2105, California Commercial Code §2401(2) and Uniform Commercial Code § 2-401(2) will apply to the transfer of ownership of goods between the Buyer and the Seller, unless the Buyer and the Beller agree otherwise. Further, we cannot guarantee continuous or secure access to our Website, Service or tools, and operation of our Website, Service or tools 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, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR WEBSITE, SERVICE AND TOOLS. 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 paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Gumroad Buyer Protection Policy up to the full cost of the item (including any applicable sales tax) and, (b) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $100. 9. 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. If you are a California resident, you waive California Civil Code §1542, which says: "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." 10. Access and Interference The Website contains robot exclusion headers. Much of the information on the Website is updated on a real-time basis and is proprietary or is licensed to Gumroad by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Website or the Service without the prior express written permission of Gumroad and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Website, services or tools, or any activities conducted on or with the Website, Service or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website or Service. 11. Listing Conditions By using the Service to sell one or more Digital Goods, you agree to pay Gumroad’s fees for such, assume full responsibility for the content of the Digital Goods offered, and accept the following listing conditions: When you use the Service to sell Digital Goods on Gumroad’s Website, your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Gumroad can’t guarantee exact listing durations. 12. Privacy We do not sell or rent your personal data to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Gumroad Privacy Policy. If you object to your information being transferred or used in this way please do not use our services. 13. 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. 14. No Agency ByNo agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 15. Notices For purposes of this Agreement, any notices will be sent in writing to the following respective addresses: For Gumroad: Gumroad, Inc 130 Langton Street San Francisco, CA 94103 For you, the physical and/or e-mail address provided by you to Gumroad at the time you registered, which may be updated by you from time to time. 16. Legal Disputes If a dispute arises between you and Gumroad, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Gumroad agree that we 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 we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at hi@gumroad.com 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. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify Gumroad’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Gumroad must be resolved exclusively by a state or federal court located in San Francisco County, California, 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 San Francisco County, California 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 Gumroad must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Gumroad may recover attorneys' fees and costs up to $1000, provided that Gumroad has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. 17. Digital Millennium Copyright Act Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify Gumroad’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; A description of the copyrighted work(s that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; A description of where the content that you claim is infringing is located on the Site; Information sufficient to permit Gumroad to contact you, such as your physical address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement by you that that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The above information must be submitted to the following DMCA Agent: Designated Copyright Agent: Gumroad, Inc., 130 Langton Street, San Francisco, CA 94103 hi@gumroad.com (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded). Upon receiving your complaint, Gumroad may remove content that you believe infringes its copyright. In addition, Gumroad may terminate the account of the member who appears to be infringing your intellectual property rights. 18. General Gumroad Inc. is located at 130 Langton Street, San Francisco, CA 94103. 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 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 doesn't 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 site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Gumroad Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature. This Agreement sets forth the entire understanding and agreement between us 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), Release, Content, Liability, Indemnity and Legal Disputes. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.