Any capitalized terms that are not defined in these Live Session Host Terms are defined as specified in the Terms of Service.
Skillshare and Host Roles and Responsibilities
Skillshare is not the creator, organizer, or owner of any Live Session. Instead, we provide Hosts with access to Skillshare users and others so Hosts can offer Live Sessions to these individuals. As a Live Session host, you agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and Participants. You are the seller of record for all offerings you sell through the Services and you are solely responsible for creating and operating any Live Sessions you may offer through the Services, including any pages displaying or advertising your Live Sessions, and all aspects of the transactions between you and Participants. This includes, without limitation, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Live Session Host Terms. You represent and warrant that any goods and services you sell through the Services will be true, accurate, and complete and will not violate any applicable laws, regulations, or rights of third parties. For the avoidance of doubt, Skillshare will not be the seller or merchant of record and will have no responsibility for the offerings you sell to Participants through the Services.
As a Live Session host, you agree to comply with our Skillshare 1-on-1 Sessions and Live Sessions Content Guidelines, and to offer Live Sessions only within the topics and subject areas permitted by those Guidelines.
You may not use the Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction, the laws applicable to you in your Participants’ jurisdictions, or the laws of the United States. You will comply with all applicable laws, rules, and regulations (including but not limited to obtaining any required consents from your Participants) in your use of the Services and your performance of the obligations under these Live Session Host Terms.
The Services are not directed at users under the age of 18. In your use of the Services, it is your sole responsibility to comply with all applicable laws relating to the privacy of children, including the Children’s Online Privacy Protection Act (COPPA). If you collect any personal information about a minor and store such information, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction where the minor lives.
You will not misrepresent or embellish the relationship between you and Skillshare (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you.
Purchasing and Payments
The contract for the purchase of a ticket to a Live Session (a “Ticket”) is formed between you and the Participant when a Participant submits sufficient payment for a Live Session you have chosen to host via the Skillshare platform or that of a Skillshare partner.
Live Sessions may take place in or be attended from different countries, and Tickets may be sold in either U.S. dollars (USD), your native currency, or the native currency of a Participant. You will be responsible for any additional charges to which you may be subject because of any currency exchange, as well as any currency exchange rate fluctuations and Skillshare does not accept liability for these.
Participants will typically receive a refund for a Ticket they have purchased if they request that refund more than 48 hours before the scheduled Live Session. You agree to this policy and acknowledge that you will not receive any payment for refunded Tickets. Should you choose to cancel a Live Session for which Participants have already purchased tickets, all Participants will be entitled to a full refund of the price they paid and you will receive no payment for any tickets purchased for that Live Session.
Video Conference Service and Recording
Live Sessions will take place through the use of a video conferencing service. This software may be provided by a third-party such as Zoom. By hosting a Live Session, you will be subject to the terms of service for the video conferencing service used, such as the Zoom Terms of Service. These terms may change without notice to Skillshare or you. You are advised to review such terms from time to time for any updates or changes that may impact you.
You are permitted to create a recording of a Live Session you hosted (a “Recording”) solely if you have sought and received the permission of the Participants (and if applicable, other Hosts) attending, such as by enabling functionality in the video conferencing software that alerts users that you will be recording the Live Session and/or by informing Participants (either before or during the Live Session) of your intent to record the Live Session and letting them know that if Participants do not wish for their image to be captured on a Recording, they must either turn off their camera during the Live Session or not attend.
Except for social media posts described below, you may reproduce, post, and/or publish a Recording only on the Skillshare platform. You agree that you will not reproduce, post, or publish a Recording, or any portion of a Recording, anywhere other than on the Skillshare platform without Skillshare’s express written permission, except that you may post short portions of a Recording on social media platforms for promotional purposes.
You are required at all times to comply with all applicable local, state, provincial, national, and other laws, rules, and regulations with respect to information, if any, you collected from or receive about Participants, other Skillshare users, or other individuals, and comply with any applicable policies posted by us on the Services with respect to information you collect from or receive about Participants, other Skillshare users, or other individuals.
Term and Termination
These Live Session Host Terms apply to you as soon as you post a Live Session or otherwise communicate publicly about your offering of a Live Session and will continue to apply until they are terminated. However, all provisions of these Live Session Host Terms that by their nature should survive termination of these Live Session Host Terms will survive and continue to apply to you, including all limitations on liability, releases, indemnity obligations, and disclaimers of warranties.
We may suspend or terminate your right to use the Services, including with respect to hosting Live Sessions, at any time, including if:
- You violate or breach these Live Session Host Terms or any other agreement between you and Skillshare;
- You misuse or abuse the Services, including with respect to hosting Live Sessions, or use the Services in a way not intended or permitted by Skillshare;
- You engage in any conduct on or off the Skillshare platform or a platform of a Skillshare partner that (1) jeopardizes the safety of our community or the integrity of Skillshare, (2) interferes with the experience or enjoyment of our community or of Participants, or (3) interferes with Skillshare or our operations; or
- Allowing you to access or use the Services, including with respect to hosting Live Sessions, would violate any applicable local, state, provincial, national, or other laws, rules, and regulations or court order or would expose Skillshare to legal liability.
We may choose to stop offering the Services, or any portion of the Services, including the ability to host Live Sessions, or we may modify or replace any aspect of the Services at any time, and this could result in the termination of your access to the Services or any portion thereof. We will use reasonable efforts to provide you with notice of our termination of your access to the Services if we believe that failure to do so might materially prejudice you. You agree that we will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services, including with respect to hosting Live Sessions.
You hereby agree to release Skillshare from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Hosts or Participants) in connection with any Live Session.
In addition, you waive any applicable law or statue which says, in substance, “A general release does not extend to claims which the releasing party 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 released party.”
You represent and warrant that:
- Before you begin selling Tickets, you will obtain all applicable licenses, permits, and authorizations (individually and collectively “Licensure”), if any, for your Live Session. Licensure includes state, county, municipal, or other local authority’s authorization for any of the activities taking place during the Live Session;
- You will comply with all applicable laws, regulations, rules, and ordinances;
- You will maintain throughout your use of the Services any applicable Licensure required to promote, produce, sponsor, host, and sell Tickets for any Live Session you host; and
- You will provide evidence of any required Licensure and related information prior to offering Tickets for sale and promptly upon Skillshare’s reasonable request from time to time.
You agree to defend, indemnify, and hold harmless Skillshare from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expense (including reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise), or investigation made by any third party (each a "Claim") relating to or arising out of:
- Your breach of these Live Session Host Terms (including any terms or agreements or policies incorporated into these Live Sessions Host Terms);
- Your unauthorized use of the Live Session functionality or the Services;
- Your Licensure, if any, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure, if required;
- Any feedback that you give or receive;
- Your breach of any applicable local, state, provincial, national, or other law, rule, or regulation, or the rights of any third party;
- Our collection and remission of taxes, if any; and
- Your Live Session (including where we have provided Services with respect to that Live Session) and any content or trademarks included within it, provided that this indemnification will not apply to the extent that the Claim arises out of Skillshare’s gross negligence or willful misconduct.
We will provide notice to you of any such Claim, but our failure or delay in providing such notice will not limit your indemnification obligations except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, we may choose to handle the Claim ourselves, in which case you agree to cooperate with us in any way we request.
Disclaimer of Warranties and Assumption of Risks
To the extent allowed under applicable laws, the Services, including with respect to Live Sessions, are provided on an "as is" and "as available" basis. Skillshare expressly disclaims all warranties of any kind, express or implied, including implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, we make no warranty that:
- the Services (or any portion thereof, including those that relate to Live Sessions) will meet your requirements or expectations;
- the Services will be uninterrupted, timely, secure, or error-free; or
- the results that may be obtained from hosting a Live Session, if any, will be reliable, beneficial, valuable, or worthwhile.
We have no control over and do not guarantee the quality, safety, success, accuracy, or legality of any Live Session, anything that occurs during a Live Session, any content associated with a Live Session, or the ability of any Participant to complete a transaction.
We are not liable for the acts or omissions of any third parties, including other Hosts, Participants, third parties that help us provide the Services, or third parties that you choose to use or contract with when signing up to host or hosting a Live Session.
Some Live Sessions may carry inherent risk and by participating in a Live Session, you choose to assume those risks voluntarily. For example, some Live Sessions may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to host a Live Session.
The disclaimers in these Live Session Host Terms apply to the maximum extent permitted by law. If any warranties are required by applicable law, they will be limited to the shortest duration allowed.
Limitation of Liability
To the extent permitted by applicable laws, Skillshare will not be liable to you or any third party, for:
- Any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if we have been advised of the possibility of such damages);
- Any feedback that you give or receive; or
- Any content you produce, make use of, or display during a Live Session, or any of your trademarks.
Some jurisdictions do not allow the exclusion of certain warranties or conditions on, or the limitation of, liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you, and our liability is limited to the maximum extent permitted by law.
Export Controls and Restricted Countries
As a global company based in the United States with operations in other countries, we comply with certain export controls and economic sanctions laws. You should familiarize yourself with these restrictions, regardless of your location. You represent and warrant that:
- You are not located in, and you are not a national or resident of any country to which the United States, United Kingdom, European Union, Australia, or Canada has embargoed goods and/or services of the same type as the Services, including Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine; and
- You are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity that:
- appears on the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List, or Palestinian Legislative Council List;
- the U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons, Entity, or Unverified List;
- the Consolidated List of Targets published by the U.K. HM Treasury; or the Consolidated List published by the A.U. Department of Foreign Affairs and Trade;
- is subject to sanctions in any other country; or
- is engaged in the design, development, or production of nuclear, biological, or chemical weapons, missiles, or unmanned aerial vehicles.