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Zazzle LIVE User Agreement
Effective August 27, 2020
The following terms of this Zazzle LIVE User Agreement ("Agreement") apply to any use by Users ("Users" or "you") of the Zazzle LIVE platform ("Zazzle LIVE" ) on the Site to: (i) connect you with an independent designer (each, a "LIVE Designer") and facilitate your engagement of a LIVE Designer to assist you with graphic design services for various selected project types (each, a “Design Project” ); and (ii) get order assistance from a Zazzle agent (“Agent” ) who can help you decide upon and place your Order, including but not limited to giving you Product recommendations, pricing for your Project and assistance with your use of the Zazzle LIVE design tool. This Agreement supplements the Zazzle User Agreement, which is incorporated by this reference. In the event of a conflict between this Agreement and the Zazzle User Agreement, this Agreement shall prevail.
The following terms of this Zazzle LIVE User Agreement ("Agreement") apply to any use by Users ("Users" or "you") of the Zazzle LIVE platform ("Zazzle LIVE" ) on the Site to: (i) connect you with an independent designer (each, a "LIVE Designer") and facilitate your engagement of a LIVE Designer to assist you with graphic design services for various selected project types (each, a “Design Project” ); and (ii) get order assistance from a Zazzle agent (“Agent” ) who can help you decide upon and place your Order, including but not limited to giving you Product recommendations, pricing for your Project and assistance with your use of the Zazzle LIVE design tool. This Agreement supplements the Zazzle User Agreement, which is incorporated by this reference. In the event of a conflict between this Agreement and the Zazzle User Agreement, this Agreement shall prevail.
Design Projects:
Upon selection of the type of Design Project that best fits your needs, you can engage a LIVE Designer for a Zazzle LIVE design session ("Design Session"). Design Projects will be marked as either “Personal” or “Commercial” depending upon the usage rights you will have to the Content that results from the conclusion of the Design Session ("Design Session Results"): Unless specifically noted and agreed to, all Design Projects are Personal, and the provisions of this Agreement shall apply to all "Personal Design Projects," which definition shall include the resultant Design Session Results and Derivatives thereof for any discussions of usage rights. "Commercial Design Projects" may have different usage rights, which will either be as specified in this Agreement or as noted in the specific Design Project. "Derivatives" (i) shall mean adaptations, revisions, or any new version that is based on the Design Session Results, and (ii) shall include the use of individual "Assets," as defined in Section 6.1.4 of the User Agreement. Like all Content, Design Session Results and any User Content used during a Design Session will be subject to the User Agreement and Policies, including all requirements that you own or have validly licensed any User Content you upload to the Design Session. Usage rights for Personal Design Projects shall be as detailed below.
Order Assistance:
Upon selection of the type of Order Assistance Project that best fits your needs, you can connect with a Zazzle LIVE Agent to assist you with non-design aspects of your Order ( “Order Assistance Session”), including but not limited to Product recommendations, Product pricing, and assistance in your use of the Zazzle LIVE design tool. Like all Content, any physical Products that result from an Order Session ( “Order Assistance Session Results” ) and any User Content used during an Order Session will be subject to the User Agreement and Policies, including all requirements that you own or have validly licensed any User Content you upload to the Order Session.
Upon selection of the type of Design Project that best fits your needs, you can engage a LIVE Designer for a Zazzle LIVE design session ("Design Session"). Design Projects will be marked as either “Personal” or “Commercial” depending upon the usage rights you will have to the Content that results from the conclusion of the Design Session ("Design Session Results"): Unless specifically noted and agreed to, all Design Projects are Personal, and the provisions of this Agreement shall apply to all "Personal Design Projects," which definition shall include the resultant Design Session Results and Derivatives thereof for any discussions of usage rights. "Commercial Design Projects" may have different usage rights, which will either be as specified in this Agreement or as noted in the specific Design Project. "Derivatives" (i) shall mean adaptations, revisions, or any new version that is based on the Design Session Results, and (ii) shall include the use of individual "Assets," as defined in Section 6.1.4 of the User Agreement. Like all Content, Design Session Results and any User Content used during a Design Session will be subject to the User Agreement and Policies, including all requirements that you own or have validly licensed any User Content you upload to the Design Session. Usage rights for Personal Design Projects shall be as detailed below.
Order Assistance:
Upon selection of the type of Order Assistance Project that best fits your needs, you can connect with a Zazzle LIVE Agent to assist you with non-design aspects of your Order ( “Order Assistance Session”), including but not limited to Product recommendations, Product pricing, and assistance in your use of the Zazzle LIVE design tool. Like all Content, any physical Products that result from an Order Session ( “Order Assistance Session Results” ) and any User Content used during an Order Session will be subject to the User Agreement and Policies, including all requirements that you own or have validly licensed any User Content you upload to the Order Session.
Design Sessions and Order Assistance Sessions:
Both Design Sessions and Order Assistance Sessions shall occur in the format of Collaborations that utilize Chat functions for communication, as described in and subject to Sections 5 and 6 of the User Agreement, with the following important distinctions:
1. Design Session Results differ from Collaborative Content in that:
a. Users may not download in-progress Design Session Content (as compared to Collaborators’ ability to create non-Public Products using in-progress Collaborative Content under Section 6.1.6 of the User Agreement).
b. LIVE Designers may download in-progress Design Session Content to Adobe® PhotoShop® or other photo-editing tools for photo editing purposes during Design Sessions, but contractually agree to delete all downloaded Design Session Content (including Assets, Design Session Results and Derivatives) immediately after the Design Session finishes.
c. LIVE Designers will not have access to Design Session Results after the Design Session finishes.
d. LIVE Designers may NOT create non-Public Products using the Session Results (as compared to Section 6.1.6. of the User Agreement, which allows Collaborators to create non-Public Products using the Collaborative Content).
e. While the User is the equivalent of the Collaboration Initiator, you agree that for Personal Design Projects, you WILL NOT exercise any license grant under Section 6.1.8.1. of the User Agreement to upload the Design Session Results (or any Derivatives) to the Site, and that ANY SUCH UPLOAD COULD BE GROUNDS FOR ZAZZLE, IN ITS SOLE DISCRETION, TO DELETE SUCH PRODUCT AND/OR TAKE OTHER ACTION UP TO AND INCLUDING DELETION OF YOUR ZAZZLE ACCOUNT.
f. Chat sessions may be recorded and stored for up to ninety (90) days. Your use of Chat is consent to be recorded in this manner.
2. Order Assistance Session Results differ from Collaborative Content in that:
a. Users may not download in-progress Order Assistance Session Content (as compared to Collaborators’ ability to create non-Public Products using in-progress Collaborative Content under Section 6.1.6 of the User Agreement).
b. LIVE Agents may NOT create Public Products or non-Public Products using the Order Assistance Session Results (as compared to Section 6.1.6. of the User Agreement, which allows Collaborators to create non-Public Products using the Collaborative Content).
c. Chat sessions may be recorded and stored for up to ninety (90) days. Your use of Chat is consent to be recorded in this manner.
Both Design Sessions and Order Assistance Sessions shall occur in the format of Collaborations that utilize Chat functions for communication, as described in and subject to Sections 5 and 6 of the User Agreement, with the following important distinctions:
1. Design Session Results differ from Collaborative Content in that:
a. Users may not download in-progress Design Session Content (as compared to Collaborators’ ability to create non-Public Products using in-progress Collaborative Content under Section 6.1.6 of the User Agreement).
b. LIVE Designers may download in-progress Design Session Content to Adobe® PhotoShop® or other photo-editing tools for photo editing purposes during Design Sessions, but contractually agree to delete all downloaded Design Session Content (including Assets, Design Session Results and Derivatives) immediately after the Design Session finishes.
c. LIVE Designers will not have access to Design Session Results after the Design Session finishes.
d. LIVE Designers may NOT create non-Public Products using the Session Results (as compared to Section 6.1.6. of the User Agreement, which allows Collaborators to create non-Public Products using the Collaborative Content).
e. While the User is the equivalent of the Collaboration Initiator, you agree that for Personal Design Projects, you WILL NOT exercise any license grant under Section 6.1.8.1. of the User Agreement to upload the Design Session Results (or any Derivatives) to the Site, and that ANY SUCH UPLOAD COULD BE GROUNDS FOR ZAZZLE, IN ITS SOLE DISCRETION, TO DELETE SUCH PRODUCT AND/OR TAKE OTHER ACTION UP TO AND INCLUDING DELETION OF YOUR ZAZZLE ACCOUNT.
f. Chat sessions may be recorded and stored for up to ninety (90) days. Your use of Chat is consent to be recorded in this manner.
2. Order Assistance Session Results differ from Collaborative Content in that:
a. Users may not download in-progress Order Assistance Session Content (as compared to Collaborators’ ability to create non-Public Products using in-progress Collaborative Content under Section 6.1.6 of the User Agreement).
b. LIVE Agents may NOT create Public Products or non-Public Products using the Order Assistance Session Results (as compared to Section 6.1.6. of the User Agreement, which allows Collaborators to create non-Public Products using the Collaborative Content).
c. Chat sessions may be recorded and stored for up to ninety (90) days. Your use of Chat is consent to be recorded in this manner.
Usage Rights:
1. The following are the Usage Rights and restrictions that you agree to for Design Session Results, Derivatives and Assets:
a. Design Session Results will be saved in your Zazzle account.
b. You will have a non-exclusive license to order/download (as appropriate and as defined in the User Agreement and Designer License Agreement) Design Session Results on the Site for so long as you have a Zazzle account. For the sake of clarity, if you delete the Design Session Results from your account or if your account is terminated or closed, you will be unable to retrieve such Design Session Results in the future.
c. You may not upload Design Session Results or Derivatives to the Site as Public Products, unless otherwise noted and agreed to in the Project description.
d. You may not upload Design Session Results or Derivatives to third party marketplaces.
2. The following are the Usage Rights and restrictions that you agree to for Order Assistance Session Results:
a. Order Assistance Session Results will be saved in your Zazzle account.
b. You will have a non-exclusive license to purchase Order Assistance Session Results on the Site for so long as you have a Zazzle account. For the sake of clarity, if you delete the Order Session Results from your account or if your account is terminated or closed, you will be unable to retrieve such Order Assistance Session Results in the future.
c. You may not upload Order Assistance Session Results or Derivatives to third party marketplaces.
1. The following are the Usage Rights and restrictions that you agree to for Design Session Results, Derivatives and Assets:
a. Design Session Results will be saved in your Zazzle account.
b. You will have a non-exclusive license to order/download (as appropriate and as defined in the User Agreement and Designer License Agreement) Design Session Results on the Site for so long as you have a Zazzle account. For the sake of clarity, if you delete the Design Session Results from your account or if your account is terminated or closed, you will be unable to retrieve such Design Session Results in the future.
c. You may not upload Design Session Results or Derivatives to the Site as Public Products, unless otherwise noted and agreed to in the Project description.
d. You may not upload Design Session Results or Derivatives to third party marketplaces.
2. The following are the Usage Rights and restrictions that you agree to for Order Assistance Session Results:
a. Order Assistance Session Results will be saved in your Zazzle account.
b. You will have a non-exclusive license to purchase Order Assistance Session Results on the Site for so long as you have a Zazzle account. For the sake of clarity, if you delete the Order Session Results from your account or if your account is terminated or closed, you will be unable to retrieve such Order Assistance Session Results in the future.
c. You may not upload Order Assistance Session Results or Derivatives to third party marketplaces.
LIVE Designer Rights:
The following is a summary of relevant Usage Rights and restrictions that LIVE Designers agree to for Design Session Results, Derivative and Assets, for your reference:
• LIVE Designers may download in-progress Design Session Content to Adobe® PhotoShop® or other photo-editing tools for photo editing purposes, but contractually agree to delete such downloaded Design Session Content (including Assets, Design Session Results and Derivatives) immediately after the Design Session finishes.
• LIVE Designers do not have access to Design Session Results.
• LIVE Designers may re-create Design Session Results or Derivatives from memory (for new Public Products) only if they were (i) created or contributed by such LIVE Designer and (ii) do not contain another Designer or User’s Primary or Secondary Content.
• LIVE Designers may use Assets they uploaded to the Design Session in any way they may rightfully do so: For the sake of clarity, use of Assets (that are uploaded by the LIVE Designer) in Design Session Results do not preclude that LIVE Designer from using such Assets in other Content.
The following is a summary of relevant Usage Rights and restrictions that LIVE Designers agree to for Design Session Results, Derivative and Assets, for your reference:
• LIVE Designers may download in-progress Design Session Content to Adobe® PhotoShop® or other photo-editing tools for photo editing purposes, but contractually agree to delete such downloaded Design Session Content (including Assets, Design Session Results and Derivatives) immediately after the Design Session finishes.
• LIVE Designers do not have access to Design Session Results.
• LIVE Designers may re-create Design Session Results or Derivatives from memory (for new Public Products) only if they were (i) created or contributed by such LIVE Designer and (ii) do not contain another Designer or User’s Primary or Secondary Content.
• LIVE Designers may use Assets they uploaded to the Design Session in any way they may rightfully do so: For the sake of clarity, use of Assets (that are uploaded by the LIVE Designer) in Design Session Results do not preclude that LIVE Designer from using such Assets in other Content.
General Terms:
• All payment types accepted on Zazzle may be used for Zazzle LIVE.
• For Design Sessions, your credit card will only be authorized once you are matched with a LIVE Designer, and charged at the conclusion of your Design Session.
• For Order Assistance Sessions, your credit card will only be authorized at the start of your Order Assistance Session, and charged at the earlier of (i) the conclusion of your Order Assistance Session, or (ii) one (1) hour after your Order Assistance Session begins.
• The Zazzle Promise (see https://www.zazzle.com/returns ) of 100% satisfaction applies to your Design Session and Design Session Results. If you are not completely satisfied, please contact Zazzle’s customer service department at https://www.zazzle.com/about/ask?topic=My%20order&subtopic=Returns&showfields=true.
• The Zazzle Promise of 100% satisfaction applies to your Order Assistance Session Results. However, in order to obtain a refund for any fee associated with the Order Assistance Session itself, you must contact Zazzle customer support within ten (10) days of the Order Assistance Session.
• All payment types accepted on Zazzle may be used for Zazzle LIVE.
• For Design Sessions, your credit card will only be authorized once you are matched with a LIVE Designer, and charged at the conclusion of your Design Session.
• For Order Assistance Sessions, your credit card will only be authorized at the start of your Order Assistance Session, and charged at the earlier of (i) the conclusion of your Order Assistance Session, or (ii) one (1) hour after your Order Assistance Session begins.
• The Zazzle Promise (see https://www.zazzle.com/returns ) of 100% satisfaction applies to your Design Session and Design Session Results. If you are not completely satisfied, please contact Zazzle’s customer service department at https://www.zazzle.com/about/ask?topic=My%20order&subtopic=Returns&showfields=true.
• The Zazzle Promise of 100% satisfaction applies to your Order Assistance Session Results. However, in order to obtain a refund for any fee associated with the Order Assistance Session itself, you must contact Zazzle customer support within ten (10) days of the Order Assistance Session.
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