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| 0 | 9.4K Discover Blog Pricing Features About Gumclaw Log in Start selling Discover Blog Pricing Features About Gumclaw Log in Start selling Gumroad Terms of Service Agreement Effective Date: January 1, 2025 Last Updated Date: December 10, 2024 PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE " TERMS OF SERVICE ") CAREFULLY. | 0 | 9.5K Discover Blog Pricing Features About Gumclaw Log in Start selling Discover Blog Pricing Features About Gumclaw Log in Start selling Gumroad Terms of Service Agreement Effective Date: January 1, 2025 Last Updated Date: July 31, 2026 Accounts that existed when the July 31, 2026 changes were posted are bound by them on August 30, 2026 PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE " TERMS OF SERVICE ") CAREFULLY. |
| 47 | REGISTRATION. 1.1 Registering Your Account. | 47 | REGISTRATION. 4.1 Registering Your Account. |
| 49 | For purposes of the Agreement, a " Registered User " is a user who has registered an account on the Services (" Account "), has a valid account on the social networking service (" SNS ") through which the user has connected to the Services (each such account, a " Third-Party Account "), or has an account with the provider of the Application for the user's mobile device. 1.2 Additional Identity Verification. | 49 | For purposes of the Agreement, a " Registered User " is a user who has registered an account on the Services (" Account "), has a valid account on the social networking service (" SNS ") through which the user has connected to the Services (each such account, a " Third-Party Account "), or has an account with the provider of the Application for the user's mobile device. 4.2 Additional Identity Verification. |
| 51 | Information that Gumroad may request, or seek to confirm, may include full legal name, mailing address, phone number, date of birth, taxpayer identification number (e.g. Social Security Number), bank account information, and a form of government-issued identification. 4.1 Access Through a SNS. | 51 | Information that Gumroad may request, or seek to confirm, may include full legal name, mailing address, phone number, date of birth, taxpayer identification number (e.g. Social Security Number), bank account information, and a form of government-issued identification. 4.3 Access Through a SNS. |
| 60 | Gumroad makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Gumroad is not responsible for any SNS Content. 4.2 Registration Data. | 60 | Gumroad makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Gumroad is not responsible for any SNS Content. 4.4 Registration Data. |
| 70 | You agree not to create an Account or use the Services if you have been previously removed by Gumroad, or if you have been previously banned from any of the Services. 4.3 Necessary Equipment and Software. | 70 | You agree not to create an Account or use the Services if you have been previously removed by Gumroad, or if you have been previously banned from any of the Services. 4.5 Necessary Equipment and Software. |
| 165 | (i) If you send, initiate or procure a "call" (as that term is defined by the Telephone Consumer Protection Act), directly or indirectly, in connection with any Product, you agree, acknowledge, represent and warrant that you have obtained all necessary consents and authorizations under, and will be in full compliance with, applicable laws and regulations, including without limitation regulations issued by the Federal Trade Commission, Federal Communications Commission, and state laws related to anti-spam, text messages and Do-Not-Call Registries. 11.3 Suspension or Termination of Supplier’s Account. | 165 | (i) If you send, initiate or procure a "call" (as that term is defined by the Telephone Consumer Protection Act), directly or indirectly, in connection with any Product, you agree, acknowledge, represent and warrant that you have obtained all necessary consents and authorizations under, and will be in full compliance with, applicable laws and regulations, including without limitation regulations issued by the Federal Trade Commission, Federal Communications Commission, and state laws related to anti-spam, text messages and Do-Not-Call Registries. 11.3 Suspension or Termination of Supplier’s Account; Holds on Funds. |
| 176 | If Supplier (or Gumroad, when selling a specific Supplier's Products) experiences a refund rate in excess of 25%, Supplier's Account may be suspended, terminated, or otherwise subject to additional conditions or fees. 12. | 176 | If Supplier (or Gumroad, when selling a specific Supplier's Products) experiences a refund rate in excess of 25%, Supplier's Account may be suspended, terminated, or otherwise subject to additional conditions or fees. |
| 177 | RESPONSIBILITY FOR CONTENT. 1.3 Types of Content. | 177 | (c) Holds on Funds. |
| 178 | In addition to and without limiting Sections 11.3(a) and 11.3(b), Gumroad may place a hold on any or all of Supplier's funds pending settlement or not yet paid to Supplier (as applicable), and may pause, decline, delay or reduce any payout, in each case in Gumroad's sole discretion and whether or not Supplier's Account is suspended or terminated, where Gumroad suspects or has reason to believe that: (i) Supplier has violated the law or breached any term of this Agreement, including Section 14 (User Conduct and Certain Restrictions); (ii) transactions in Supplier's Account present an elevated risk of chargeback, refund, dispute or loss to Gumroad or to Buyers; (iii) Supplier's Products, Supplier Properties, marketing or other Content are misleading, deceptive or otherwise create risk to Buyers, to Gumroad or to Gumroad's payment partners; (iv) a review of Supplier's Account is open, or Supplier has not provided information Gumroad has requested for identity verification, risk review or compliance purposes; or (v) any of Gumroad's payment partners, a card network, or applicable law requires or instructs Gumroad to withhold the funds. | ||
| 179 | Supplier acknowledges and agrees that: (1) a hold under this Section 11.3(c) is not itself a suspension or termination of Supplier's Account, and may be applied to an Account that remains otherwise in good standing and able to sell; (2) no fixed or maximum hold period applies to a hold under this Section 11.3(c); instead, Gumroad will release held funds as set out in paragraph (3) below. | ||
| 180 | Any hold period or release timeline that Gumroad publishes, or communicates to Supplier, for a particular category of risk describes that category alone; it is an estimate and not a commitment to release funds while any other basis for a hold under this Section 11.3, including Sections 11.3(a) and 11.3(b), remains unresolved; (3) Gumroad will release held funds when the basis for the hold has been resolved to Gumroad's reasonable satisfaction and Gumroad's payment partners permit the payout, less any amounts Gumroad is entitled to retain, deduct, offset or apply under this Agreement, including under Section 11.3(a); (4) held funds continue to be reflected in Supplier's Account balance, are not applied for the benefit of Gumroad or any third party except as expressly permitted by this Agreement, and do not accrue interest in Supplier's favor; and (5) Gumroad will notify Supplier that a hold is in place and, where practicable, what Supplier may do to resolve it. | ||
| 181 | Notice may be given by email or by displaying the hold in Supplier's Account or payment settings. | ||
| 182 | Gumroad may limit or delay notice where notice would compromise an investigation, Gumroad's risk, fraud or anti-abuse controls, or a legal or contractual obligation to which Gumroad is subject. 12. | ||
| 183 | RESPONSIBILITY FOR CONTENT. 12.1 Types of Content. | ||
| 179 | This means that you, and not Gumroad, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise Make Available through the Services (" Your Content "), and that you and other users of the Services, and not Gumroad, are similarly responsible for all Content that you and they Make Available through the Services (" User Content "). 12.1 Storage. | 185 | This means that you, and not Gumroad, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise Make Available through the Services (" Your Content "), and that you and other users of the Services, and not Gumroad, are similarly responsible for all Content that you and they Make Available through the Services (" User Content "). 12.2 Storage. |
| 186 | OWNERSHIP. 1.4 Ownership of the Services. | 192 | OWNERSHIP. 13.1 Ownership of the Services. |
| 188 | You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Services. 13.1 Trademarks. , and all related graphics, logos, service marks and trade names used on or in connection with the Services or in connection with the Services are the trademarks of Gumroad and may not be used without permission in connection with your, or any third-party, products or services. | 194 | You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Services. 13.2 Trademarks. , and all related graphics, logos, service marks and trade names used on or in connection with the Services or in connection with the Services are the trademarks of Gumroad and may not be used without permission in connection with your, or any third-party, products or services. |
| 189 | Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. 13.2 Your Content. | 195 | Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. 13.3 Your Content. |
| 191 | However, when you as a Registered User post or publish Your Content on or in the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. 13.3 License to Your Content. | 197 | However, when you as a Registered User post or publish Your Content on or in the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. 13.4 License to Your Content. |
| 197 | You may not post or submit for print services a photograph of another person without that person's permission. 13.4 Username. | 203 | You may not post or submit for print services a photograph of another person without that person's permission. 13.5 Username. |
| 198 | Notwithstanding anything contained herein to the contrary, by submitting Your Content to any comments, or any other area on the Services, you hereby expressly permit Gumroad to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content. 13.5 Feedback. | 204 | Notwithstanding anything contained herein to the contrary, by submitting Your Content to any comments, or any other area on the Services, you hereby expressly permit Gumroad to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content. 13.6 Feedback. |
| 205 | Further, you shall not (and shall not permit any third party) to either (a) take any action or (b) Make Available any Content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, misleading, false, defamatory, libelous, pornographic, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or racially, ethnically, or otherwise discriminatory; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Gumroad's prior written consent; (v) impersonates any person or entity, including any employee or representative of Gumroad; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement; (vii) manipulates the price of any listed Product interferes with a user profile or Supplier listings; (viii) transfers your account and username to another party without our consent; (ix) bypasses our robot exclusion hardware, interferes with the working of the Platform, or imposes an unreasonable or disproportionately large load on our infrastructure; (x) uses the Platform to collect, harvest, transmit, distribute or submit any information concerning any other person or entity, including without limitation photographs of others, personal contact information or credit card, debit or calling card or account numbers without their permission; (xi) takes any action that may undermine our feedback or ratings systems; (xii) breaches or circumvents any laws, third party rights or our systems, policies, or determinations of your account status; (xiii) attempts to engage in or engages in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services. 15. | 211 | Further, you shall not (and shall not permit any third party) to either (a) take any action, (b) Make Available any Content on or through the Services, or (c) engage in any conduct described in clause (xviii) below, wherever it occurs, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, misleading, false, defamatory, libelous, pornographic, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or racially, ethnically, or otherwise discriminatory; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Gumroad's prior written consent; (v) impersonates any person or entity, including any employee or representative of Gumroad; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement; (vii) manipulates the price of any listed Product interferes with a user profile or Supplier listings; (viii) transfers your account and username to another party without our consent; (ix) bypasses our robot exclusion hardware, interferes with the working of the Platform, or imposes an unreasonable or disproportionately large load on our infrastructure; (x) uses the Platform to collect, harvest, transmit, distribute or submit any information concerning any other person or entity, including without limitation photographs of others, personal contact information or credit card, debit or calling card or account numbers without their permission; (xi) takes any action that may undermine our feedback or ratings systems; (xii) breaches or circumvents any laws, third party rights or our systems, policies, or determinations of your account status; (xiii) attempts to engage in or engages in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services; (xiv) fabricates, simulates or misrepresents social proof or demand for a Product, including by publishing reviews, ratings, testimonials or endorsements that are invented, that misrepresent the endorser's actual experience or identity, or that fail to disclose that they were purchased or incentivized; simulating purchase, sale, view, download, subscriber or reader activity that did not occur; or misstating the number of Buyers, sales or units available; (xv) makes false or unsubstantiated claims about a Product or its outcomes, including earnings, income, health, performance or results claims that Supplier cannot substantiate; misrepresents what a Buyer will receive, its format, length, licensing or authorship; misrepresents an affiliation with, or endorsement by, any person, brand or organization; or misrepresents Supplier's own identity, location or credentials; (xvi) uses false urgency or scarcity in offering a Product, including countdown timers, expiring prices, or limited-availability claims that do not correspond to a real deadline or limit, or advertises reference or "compare-at" prices at which a Product was not genuinely offered; (xvii) materially obscures or misstates the price, currency, total amount charged, recurring nature or billing frequency of a Product, the terms of any trial, or the steps required to cancel; or (xviii) engages in any conduct described in clauses (xiv) through (xvii) in any content that promotes, or directs Buyers to, a Product, on a Supplier Property or on any other website, landing page, funnel, advertisement, email, messaging channel or social media account that Supplier owns or controls, whether or not that page or channel is hosted by Gumroad. |
| 212 | Supplier acknowledges that such conduct is a breach of this Agreement with respect to the associated Product and Account, and that deceptive marketing practices are also listed on Gumroad's Prohibited Products and Activities page. 15. | ||
| 218 | INTERACTIONS WITH OTHER USERS. 1.5 User Responsibility. | 225 | INTERACTIONS WITH OTHER USERS. 17.1 User Responsibility. |
| 220 | You agree that Gumroad will not be responsible for any liability incurred as the result of such interactions. 17.1 Content Provided by Other Users. | 227 | You agree that Gumroad will not be responsible for any liability incurred as the result of such interactions. 17.2 Content Provided by Other Users. |
| 224 | You use all User Content and interact with other users at your own risk. 17.2 Subverting the Platform. | 231 | You use all User Content and interact with other users at your own risk. 17.3 Subverting the Platform. |
| 262 | LIMITATION OF LIABILITY. 1.6 Disclaimer of Certain Damages. | 269 | LIMITATION OF LIABILITY. 21.1 Disclaimer of Certain Damages. |
| 264 | THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A GUMROAD PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GUMROAD PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GUMROAD PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION. 21.1 Cap on Liability. | 271 | THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A GUMROAD PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GUMROAD PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GUMROAD PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION. 21.2 Cap on Liability. |
| 266 | THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GUMROAD PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GUMROAD PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GUMROAD PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION. 21.2 Exclusion of Damages. | 273 | THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GUMROAD PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GUMROAD PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GUMROAD PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION. 21.3 Exclusion of Damages. |
| 268 | IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 21.3 Basis of the Bargain. | 275 | IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 21.4 Basis of the Bargain. |
| 274 | TERM AND TERMINATION. 1.7 Term. | 281 | TERM AND TERMINATION. 23.1 Term. |
| 275 | The Agreement commences on the date when you accept the Terms of Service (as described in the preamble above) and remains in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement. 23.1 Prior Use. | 282 | The Agreement commences on the date when you accept the Terms of Service (as described in the preamble above) and remains in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement. 23.2 Prior Use. |
| 276 | Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Services or (b) the date you accepted the Agreement, and that the Agreement will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Agreement. 23.2 No Subsequent Registration. | 283 | Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Services or (b) the date you accepted the Agreement, and that the Agreement will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Agreement. 23.3 No Subsequent Registration. |
| 279 | If you violate the immediately preceding sentence, Gumroad reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. 23.3 Suspension of Services. | 286 | If you violate the immediately preceding sentence, Gumroad reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. 23.4 Suspension of Services. |
| 290 | For the avoidance of doubt, this Arbitration Agreement does not govern disputes between you and another user. 1.8 Applicability of Arbitration Agreement. | 297 | For the avoidance of doubt, this Arbitration Agreement does not govern disputes between you and another user. 25.1 Applicability of Arbitration Agreement. |
| 293 | This Arbitration Agreement does not apply to disputes between you and third parties. 25.1 Informal Dispute Resolution. | 300 | This Arbitration Agreement does not apply to disputes between you and third parties. 25.2 Informal Dispute Resolution. |
| 305 | The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section. 25.2 Waiver of Jury Trial. | 312 | The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section. 25.3 Waiver of Jury Trial. |
| 308 | There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 25.3 Waiver of Class or Other Non-Individualized Relief. | 315 | There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 25.4 Waiver of Class or Other Non-Individualized Relief. |
| 315 | This Section 25.4 does not prevent you or Gumroad from participating in a class-wide settlement of claims. 25.4 Rules and Forum. | 322 | This Section 25.4 does not prevent you or Gumroad from participating in a class-wide settlement of claims. 25.5 Rules and Forum. |
| 329 | You and Gumroad agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 25.5 Arbitrator. | 336 | You and Gumroad agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 25.6 Arbitrator. |
| 331 | If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 25.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch. 25.6 Authority of Arbitrator. | 338 | If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 25.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch. 25.7 Authority of Arbitrator. |
| 337 | Judgment on the arbitration award may be entered in any court having jurisdiction. 25.7 Attorneys’ Fees and Costs. | 344 | Judgment on the arbitration award may be entered in any court having jurisdiction. 25.8 Attorneys’ Fees and Costs. |
| 340 | The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs. 25.8 Batch Arbitration. | 347 | The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs. 25.9 Batch Arbitration. |
| 347 | This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. 25.9 30-Day Right to Opt Out. | 354 | This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. 25.10 30-Day Right to Opt Out. |
| 351 | Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. 25.10 Invalidity, Expiration. | 358 | Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. 25.11 Invalidity, Expiration. |
| 354 | Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. 25.11 Modification. | 361 | Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. 25.12 Modification. |
| 360 | THIRD-PARTY SERVICES. 1.9 Third-Party Websites, Applications and Ads. | 367 | THIRD-PARTY SERVICES. 26.1 Third-Party Websites, Applications and Ads. |
| 368 | You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 26.1 Accessing and Downloading the Application from the Apple App Store. | 375 | You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 26.2 Accessing and Downloading the Application from the Apple App Store. |
| 378 | GENERAL PROVISIONS. 1.10 Electronic Communications. | 385 | GENERAL PROVISIONS. 27.1 Electronic Communications. |
| 382 | (" E-Sign "). 27.1 Assignment. | 389 | (" E-Sign "). 27.2 Assignment. |
| 383 | The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Gumroad's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. 27.2 Force Majeure. | 390 | The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Gumroad's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. 27.3 Force Majeure. |
| 384 | Gumroad shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 27.3 Questions, Complaints, Claims. | 391 | Gumroad shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 27.4 Questions, Complaints, Claims. |
| 387 | If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. 27.4 Consumer Complaints. | 394 | If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation. 27.5 Consumer Complaints. |
| 388 | In accordance with California Civil 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 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. 27.5 Agreement Updates. | 395 | In accordance with California Civil 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 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. 27.6 Agreement Updates. |
| 397 | PLEASE REGULARLY CHECK THE SERVICE TO VIEW THE THEN-CURRENT TERMS. 27.6 Exclusive Venue. | 404 | PLEASE REGULARLY CHECK THE SERVICE TO VIEW THE THEN-CURRENT TERMS. 27.7 Exclusive Venue. |
| 398 | To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Gumroad agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in San Francisco County of California. 27.7 Governing Law. | 405 | To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Gumroad agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in San Francisco County of California. 27.8 Governing Law. |
| 400 | THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. 27.8 Choice of Language. | 407 | THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. 27.9 Choice of Language. |
| 402 | Les parties confirment leur volonté expresse à ce que la présente convention, ainsi que tout document ou avis s'y rapportant, soit en anglais. 27.9 Notice. | 409 | Les parties confirment leur volonté expresse à ce que la présente convention, ainsi que tout document ou avis s'y rapportant, soit en anglais. 27.10 Notice. |
| 406 | Such notice shall be deemed given when received by Gumroad by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. 27.10 Waiver. | 413 | Such notice shall be deemed given when received by Gumroad by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. 27.11 Waiver. |
| 407 | Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 27.11 Severability. | 414 | Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 27.12 Severability. |
| 408 | If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. 27.12 Export Control. | 415 | If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. 27.13 Export Control. |
| 414 | You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Gumroad products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. 27.13 Entire Agreement. | 421 | You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Gumroad products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. 27.14 Entire Agreement. |
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