User Agreement

ZAZZLE TERMS OF USE
﻿User Agreement
﻿Privacy Notice
﻿Creator License Agreement
﻿Ambassador Program Agreement
﻿Shipping & Returns﻿
﻿Zazzle Plus™ Terms & Conditions
﻿Purchase Order Terms
﻿Reviews Process﻿

Effective April 1, 2025

PLEASE NOTE THAT THIS USER AGREEMENT CONTAINS PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN ZAZZLE AND YOU, INCLUDING AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE SEE THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT SECTION HEREIN FOR COMPLETE DETAILS AND REVIEW CAREFULLY.

USE OF THE SITE

1.  Acceptance of Terms1.1.  THIS USER AGREEMENT IS BY AND BETWEEN YOU AND ZAZZLE: IF YOUR ORDER WAS SHIPPED TO: (A) THE UNITED STATES OR CANADA, IT WAS PURCHASED FROM ZAZZLE INC. (“ZAZZLE INC.”); AND (B) TO ANY OTHER COUNTRY, IT WAS PURCHASED FROM ZAZZLE IRELAND LIMITED (“ZAZZLE IRELAND”; COLLECTIVELY WITH ZAZZLE INC., “ZAZZLE,” “US,” “WE” OR “OUR”); HOWEVER, ZAZZLE MAY ASSIGN YOUR PURCHASE TO A ZAZZLE AFFILIATE. ZAZZLE PROVIDES ITS WEBSITES, MOBILE SITES, LISTINGS, AND/OR APPS (i) OWNED OR OPERATED BY OR FOR ZAZZLE, OR MANAGED BY A ZAZZLE-OWNED ACCOUNT, OR (ii) ON ZAZZLE-BRANDED PAGES ON WHICH PRODUCTS ARE DISPLAYED AND POSTED FOR SALE (COLLECTIVELY, “SITE”) TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT (“AGREEMENT”). THIS AGREEMENT GOVERNS CONSUMERS WHO INTERACT WITH ZAZZLE’S SITE, ADVERTISING AND/OR COMMUNICATIONS (“USERS”), INCLUDING YOU. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY OR YOUR EMPLOYER, SUCH THIRD PARTY'S OR EMPLOYER'S) AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW (REFERENCES IN THIS AGREEMENT TO “YOU” OR “YOUR” INCLUDE YOU AND ANY SUCH THIRD PARTY OR EMPLOYER). ZAZZLE CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND ZAZZLE MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT USER_AGREEMENT@ZAZZLE.COM.
1.2.  “Content” (i) means any and all artwork, assets, audio and/or video clips, data, designs, digital images, drawings, elements, graphics, images, information, metadata, photographs, Product specifications, sketches, stitch files, text, or any combination thereof that you send to Zazzle for placement and/or use on the Site, Zazzle’s advertisements, in Tagged Media, or on physical or electronic products made by or for Zazzle (collectively, “Products”); and (ii) includes both Primary and Secondary Content (as defined in the Creator License Agreement) for distribution or sale on a Product on the Site using Zazzle’s Creator tools (collectively, “Public Products”) for your Content to be a design on Products available to Users, or in a promotion therefor or depiction thereof. Products that are (i) created, uploaded to, or personalized on the Site by Users, and (ii) are not intended to be Public Products, are “Private Products.”  For Primary Content in Public Products, and Secondary Content in Public Products and/or Private Products, you also grant the additional rights set forth in the Creator License Agreement. When you use the Site and/or any of our services, you are subject to this Agreement, our Privacy Notice, Creator License Agreement, Ambassador Program Agreement, Shipping and Returns Terms, and the Zazzle Plus™ Terms & Conditions, as applicable, which are collectively the “Terms of Use” and are all incorporated into this Agreement by this reference. 

2.  User Account, Password, and Security2.1.  To complete your registration for your Zazzle account (“Account”), you must provide an email address, a password, and payment and tax information, as necessary. Users who register Accounts with Zazzle are “Members.”  You are responsible for maintaining the confidentiality of your password and Account, and are responsible for all activities that occur under your password or Account. It is important for you to protect against unauthorized access to your device. Be sure to log off when you finish using a shared device.
2.2.  You agree to (a) immediately notify Zazzle of any unauthorized use of your Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Zazzle cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

 User Conduct, Acknowledgements and Agreements3.1.  In using this Site, you (yourself or through any third party) shall NOT:
1.1.  upload, download, post, email, message or otherwise transmit any Content that may be unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property;
1.2.  impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
1.3.  upload, download, post, email, message or otherwise transmit any Content that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from the Site, another website or search engine without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content on the Site and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
1.4.  upload, download, post, email, message or otherwise transmit any Content that may constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that may otherwise create liability or violate any local, state, national, or international law;
1.5.  use the Site to harm minors in any way, including, but not limited to, uploading Content that may violate child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
1.6.  upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;
1.7.  upload, download, post, email, message or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
1.8.  upload, download, post, email, message or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, facilitate unauthorized access to, or limit the functionality of any computer software or hardware or telecommunications equipment;
1.9.  remove, alter, obscure, or otherwise degrade watermark(s) or similar security measures that appear on images copied from or linked to by the Site;
1.10.  upload, download, post, email, message or otherwise transmit false or misleading information;
1.11.  disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
1.12.  access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
1.13.  disrupt or interfere with the enjoyment of any other Users of the Site or affiliated or linked websites;
1.14.  embed, copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, mirror, forward-to, modify, or otherwise replicate or create derivative works of any part of Zazzle's websites or applications, except as permitted in writing by Zazzle;
1.15.  incorporate images, faces, likenesses or names of any celebrity, public figure, or individual who does not want their name, likeness, or image used, in any way that would violate a person's right of privacy or publicity;
1.16.  use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, including but not limited to AI, machine learning, and data science purposes;
1.17.  access the Site for purposes of performance benchmarking;
1.18.  transfer your Zazzle Account to another party without Zazzle's written consent;
1.19.  copy, rent, lease, sell, modify or distribute, offer in a service bureau, or otherwise make available to any third party, except as otherwise allowed by Zazzle herein or on the Site, any (i) Content, (ii) services or tools, or (iii) Zazzle's copyrights and trademarks, from the Site;
1.20.  upload and/or exploit any other User's Content (including Collaborative Content, as applicable), on the Site or elsewhere, for use by others; or
1.21.  harvest or otherwise collect information about Users, including names and email addresses, without their consent.
2.  By using the Site, you hereby acknowledge and agree that:
2.1.  You are responsible for the creation and compilation of your Content, and that neither Zazzle nor any other party involved with the production and/or distribution of any Product incorporating such Content assumes that responsibility. Zazzle's production and/or distribution of any Product depicting your Content does not indicate that Zazzle approves of the Content, that the Content obeys any and all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
2.2.  Zazzle may preserve or store your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation, storage or disclosure is reasonably necessary and as set forth in our Privacy Notice. You understand and acknowledge that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connection networks or devices; (iii) fixes to improve the functionality of the Site; (iv) sharing information with other parties, as further described in the Privacy Notice, and (v) delays in completely removing Content (including Public Products) that you have deleted or hidden in your Account from the Site.
2.3.  You are responsible for actions and communications undertaken under your Account. Zazzle takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Zazzle and its affiliates, contractors, agents and employees for losses, damages and injuries that are based on or relate to your communications or Content on the Site. You agree to indemnify Zazzle and its affiliates from all claims and expenses, including reasonable attorneys' fees, which claims are based on or arise from your violation of any of the provisions of this Agreement, except with respect to Zazzle's own negligence.
2.4.  Your use of this Site and of any Products ordered, either for purchase or download ("Order(s)") on this Site must (i) be in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and (ii) will not harm or violate the rights of any person or entity.
2.5.  You are responsible for your use of features that allow you to text or email others via the Site (“Messaging Features”). By choosing to use the Messaging Features, and providing phone numbers or emails, you represent and warrant that you have prior express consent, permission or invitation, to communicate with those telephone numbers by texts, or to send email, as applicable.  You further represent and warrant that you have taken all necessary steps to comply with applicable national, supranational, federal and state laws before using any of the Messaging Features. You agree that you shall hold Zazzle harmless for your use of the Messaging Features, and Zazzle shall not be responsible or liable for any loss or damage of any sort incurred as the result of your failure to comply with this Section 3.2.5.  Your use of the Messaging Features may involve transmission over wireless or similar network, and if you choose to utilize these Site features standard data rates may apply.
2.6.  When a User clicks the “Download” button on the Site to download Content utilizing Public Products that the Content-owner has chosen to publish for download, the User is granted the following licenses to use the Content (collectively, "Download License"):
2.6.1.  In Social Media post(s), profile page(s) or as profile image(s);
2.6.2.  In digital social/community communications, including but not limited to invitations, save the dates, and announcements;
2.6.3.  In digital advertising, editorial and/or promotional projects, presentations (including film and video presentations), catalogues, posters, signage, packaging, and brochures;
2.6.4.  In digital projects for school or university;
2.6.5.  As decorative background on a personal computer, tablet or mobile device;
2.6.6.  In digital publications, including web pages, blogs, and ebooks; and
2.6.7.  Digital prints, posters and other reproductions for personal or promotional purposes.
2.6.8.  The Uses specified in Sections 3.2.6.1 through 3.2.6.7 may be printed: (i) onto physical Products through the Site according to this Agreement, or printed by Users using personal output devices (e.g., printers), without further restriction; or (ii) onto physical versions using commercial printers subject to Section 3.2.6.9 hereof.
2.6.9.  This Download License does not include the right to display the Content for download or export, resale, license or otherwise distribute for profit that Content, including, without limitation, through the Site or other competing online or offline services, and you hereby agree not to use the Content in any such manner that competes with Zazzle’s business.
2.7.  Pre-Release or Beta Version. We may designate the Site or a feature of the Site, as a prerelease or beta version (“Beta Version”). A Beta Version does not represent the final Site or feature and may contain bugs that may cause system or other failure and data loss. We may choose not to release a commercial version of the Beta Version. You must promptly cease using the Beta Version and destroy all copies of the Beta Version if we request you to do so. In exchange for your use of a Beta Version, you agree that Zazzle may collect data, including crash data, regarding your use of the Beta Version and analyze your Content, including human review, to improve our Site and to personalize your experience, regardless of whether you have opted-out of data collection for non-Beta Versions. If you do not wish to have your usage tracked or Content analyzed, you must discontinue your use of the Beta Version. Any separate agreement we enter into with you governing the Beta Version will supersede these provisions. 
2.8.  Zazzle does not endorse any Content submitted to the Site by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Zazzle expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, Zazzle and its designees shall have the right to remove, without prior notice and in Zazzle’s sole discretion, any Content that they believe may violate the Agreement, is subject to complaint, or is otherwise objectionable to Zazzle. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
2.9.  You will not use any Product distributed and/or ordered from the Site in a way that would be damaging to Zazzle's public reputation or that of its employees, board members, shareholders, licensors, or partners. Additionally, you acknowledge that if you choose to display any Product ordered from Zazzle, in a public setting, including on the Internet, in a way which disparages Zazzle, Zazzle's board members, employees, shareholders, licensors, or partners, Zazzle reserves the right to demand immediate return of the Product, and to furthermore pursue all recourses and remedies available under the law.
2.10.  The Site may provide, or third parties may provide, links to other websites or resources. Because Zazzle has no control of such sites and resources, you acknowledge and agree that Zazzle is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies of such sites and resources. Zazzle is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 Our Community4.1.  Our community is the most important part of Zazzle. All Members are part of our community and we value everyone. Zazzle has established multiple ways for Members to interact with one another on the Site, including but not limited to forums, messaging, our blog and other social media channels. Please remember that these are public spaces, so use common sense when sharing personal information. Zazzle's role is to facilitate open discussion and support our community through constructive communication. We have some general rules for community conduct, and some spaces have additional rules:
1.1.  Treat one another with respect. There is a real person behind each name.
1.2.  Harassing, insulting, embarrassing or abusing other Members is unacceptable.
1.3.  The community spaces are not the appropriate channel to express disputes with others.
1.4.  Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact Zazzle privately if you need help with a transaction.
1.5.  Do not publicly post another person's private information without their explicit consent (for example: email, messaging transcripts, conversations, letters, phone numbers, addresses or full names).
2.  Violating community policies may result in suspension or termination of certain privileges including removal of Content and Account termination.

 ChatIn order to facilitate communication between members of our User community, Zazzle offers messaging (i.e., email, messaging, video and chat) functions that can be used between Users on certain parts of the Site, including our new chat function ("Chat").
1.  Chat may allow Users to communicate via text, voice, video and/or other media. All text and/or any other media you input or upload in Chat shall be considered “Content,” as defined in Section 1.2 hereof.
2.  All community rules described in Section 4 (Community) shall apply to your conduct on and through Chat.  In addition:
2.1.  You acknowledge that Zazzle will not pre-screen submitted Chat Content, and that you may be exposed to Content you find offensive or inappropriate. You will have the ability to (i) block any User from Chatting with you, and/or (ii) report that User to Zazzle.
2.2.  If Zazzle decides, in its sole discretion, that your conduct on Chat violates this User Agreement, Zazzle may take action to enforce the Agreement, including but not limited to banning your ability to utilize Chat on the Site, and/or terminating your Account.
3.  Users must have a valid Zazzle Account in order to participate in Chat, and Chats shall be between User Accounts (i.e., not between Member-created stores on the Site featuring Products (“Stores”)). When using Chat, the name registered to your Zazzle Account will be visible to other Chat participants.
4.  You should have no expectation of privacy when using Chat. Depending on the settings for each Chat, Content submitted may be viewable and/or editable by other Users, and by Zazzle. Chat sessions may be recorded and stored by Zazzle for up to ninety (90) days. Your use of Chat is consent to be recorded in this manner.

 Collaborate6.1.  In order to facilitate cooperative Content creation between Users on the Site, Zazzle offers a collaboration function that can be used between Users on certain parts of the Site (“Collaboration”).
1.1.  The Collaboration function allows Users to invite other Members to work together to create Content.
1.2.  When using Collaboration, the name registered to your Zazzle Account will be visible to other Collaborators (as defined below), and Collaboration sessions may be recorded and stored. Your use of Collaboration is consent to be recorded in this manner.
1.3.  Members may use Chat to aid in their Collaboration.
1.4.  Any text and/or other media uploaded by Members (“Assets”) who participate in a certain Collaboration (each, a “Collaborator”) shall be considered “Content,” as defined in Section 1.2 hereof.
1.5.  Content resulting from a Collaboration, whether a “final” product or in-progress, shall be “Collaborative Content.”
1.6.  Collaborators may create non-Public (i.e., for purchase by the Collaborator, not posted for sale on the Site) Products using the Collaborative Content.
1.7.  Collaborations that utilize Public Products
1.7.1.  Collaborative Content may not be published on the Site (i.e., create “new” Public Products) if it utilizes Public Products by either: (i) being based upon Primary Content, or (ii) integrating Secondary Content, as those terms are defined in the Creator License Agreement.
1.7.2.  COLLABORATORS DO NOT OBTAIN ANY COPYRIGHTS TO PUBLIC PRODUCTS THAT MAY BE USED IN A COLLABORATION.
1.8.  Collaborations that utilize only User Content (i.e., non-Public Products)
1.8.1.  The copyright to any Collaborative Content that results from a "new" Collaboration, whether a “final” product or in-progress (collectively, “Collaborative Content”) (i.e., starting from a blank template and not utilizing any Public Product(s), may be jointly owned by all Collaborators under 17 U.S. Code Title 17, but each hereby agrees that THE RIGHT TO EXPLOIT THE COPYRIGHT TO THE COLLABORATIVE CONTENT ON THE SITE, AS A "PUBLIC" PRODUCT SHALL BE EXCLUSIVE TO THE INITIATOR OF THE RELEVANT COLLABORATION SESSION (“Collaboration Initiator”). EACH COLLABORATOR HEREBY GRANTS TO THE COLLABORATION INITIATOR A NONEXCLUSIVE, PERPETUAL, WORLDWIDE, SUBLICENSABLE AND TRANSFERABLE RIGHT AND LICENSE TO USE, COPY, REPRODUCE, PREPARE DERIVATIVE WORKS OF, MODIFY, PUBLICLY DISPLAY, PERFORM AND DISTRIBUTE ASSETS AS CONTAINED IN THE COLLABORATIVE CONTENT ON THE SITE.
1.8.1.1.  The Collaboration Initiator is only granted the aforementioned rights in the Collaborative Content, and not separately to any of the Assets provided by any other Collaborators.
1.8.1.2.  COLLABORATORS WHO ARE NOT THE COLLABORATION INITIATOR HEREBY AGREE THAT THEY WILL NOT UPLOAD THE COLLABORATIVE CONTENT TO THE SITE AS A PUBLIC PRODUCT, AND THAT DOING SO COULD BE GROUNDS FOR ZAZZLE, IN ITS SOLE DISCRETION, TO DELETE SUCH PRODUCT AND/OR TAKE OTHER ACTION UP TO AND INCLUDING DELETION OF SUCH COLLABORATOR’S ZAZZLE ACCOUNT.

 Social Media7.1.  Zazzle may seek to promote its community and the Site by featuring your Content — on Products, videos, photos, or the like — on various social media platforms. In addition to the rights you grant to Zazzle in this User Agreement and in the Creator License Agreement, you agree that your use of any variation of the hashtag(s) #MakeZamazing, #ZazzleShowandTell and/or #ZazzleMade in your social media post(s) grants Zazzle the right and license to use that social media post and its contents in any of Zazzle's social media channels, on the Site, and on affiliate channels.
2.  You understand and agree that the use of any variation of the hashtags #MakeZamazing, #ZazzleShowandTell and/or #ZazzleMade means that any associated image(s), accompanying text, social media handle, name, likeness, image, inquiries, feedback, suggestions, ideas or other information (collectively, “Tagged Media”) will be treated as non-proprietary and non-confidential. For good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, by uploading, posting, e-mailing or otherwise marking Tagged Media for use by Zazzle, its social media account(s) and/or the Site, you grant, and you represent and warrant that you have the right to grant, to Zazzle an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, reproduce, edit, distribute, copy, change, modify, add to, subtract from and otherwise exploit the Tagged Media, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) and in any media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Tagged Media, and to grant and authorize sublicenses of the foregoing without any compensation to you or to any third party. For the sake of clarity, this license does not allow Zazzle to use your Tagged Media to create a Public Product.
3.  You also acknowledge that your Tagged Media will not be returned and Zazzle may use your Tagged Media, and any ideas, concepts or know-how contained therein or derived therefrom, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment or other form of consideration to you or to any other person or entity.
4.  By marking Tagged Media for use by Zazzle, you warrant and represent that (i) you are eighteen (18) years of age or older; (ii) each person in the Tagged Media has given their written permission and consent to be included in the Tagged Media and displayed publicly on the Site and any Zazzle social media sites and marketing materials and advertising and that you shall furnish such permission and consents promptly to Zazzle upon request; and (iii) you agree to indemnify Zazzle and its affiliates for all claims arising from or in connection with any claims to any rights in any tagged Media or any damages arising from any Tagged Media.
5.  Instagram™, TikTok™, and other similar social media forums are registered trademarks of their respective companies and not affiliated with Zazzle. Any Tagged Media via these or other similar social media sites are subject to all rules and regulations of such sites.

 PromotionsIn addition to the terms and conditions in this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions in this Agreement. We ask you to please review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Notice which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such Promotion shall control.
 New ProgramsZazzle may introduce programs, features and Products, to specific Users or to the Site at large. At the time of release, Zazzle will publish the governing terms and conditions. You agree that you will be subject to such new terms and conditions to the extent that you participate in such new programs or use such new Products.
 Extended OfferingsZazzle may offer your Products for sale via marketplace listings managed by Zazzle-owned accounts on other websites (collectively, "Extended Offerings"). Royalties for Extended Offerings will be calculated on the basis of the amount received by Zazzle, which may be different from the amount charged by the marketplace. 
 Age and Geographic Restrictions11.1.  You must be at least eighteen (18) years of age to use this Site. If you are under eighteen (18) years of age you cannot use the Site without a parent’s direct supervision.  Please contact us if you have any concerns or questions about this restriction.
2.  Certain Zazzle Products may only be shipped and/or distributed to limited geographic regions/countries.
 International Access12.1.  This Site may be accessed from countries other than the United States. This Site may contain Products or references to Products that are not available outside of the United States. Any such references do not imply that such Products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
2.  You agree that Zazzle can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.

 Death or Incapacity13.1.  In the unfortunate event that a member of our Creator community who is a natural person dies or becomes permanently incapacitated, Zazzle will take all necessary steps to work with their successors and assigns. However, Zazzle will need the following documentation from such deceased or incapacitated community member's successors, assigns or their legal representatives for verification purposes:
1.1.  Death Certificate;
1.2.  Proof of Succession; and/or
1.3.  Power of Attorney.
2.  In cases of members that are entities and if such entities cease to exist on account of dissolution, winding up, appointment of a receiver or bankruptcy, we will require the following documentary evidence:
2.1.  Appointment of a receiver;
2.2.  Dissolution;
2.3.  Bankruptcy proceedings; and/or
2.4.  Winding up proceeding.
3.  Please notify us as soon as possible should you become aware of the death, incapacitation, dissolution, winding up or bankruptcy of a Creator member of our community.
 Privacy NoticeYour privacy is very important to Zazzle. Users of this Site should refer to our Privacy Notice for information about how Zazzle collects and uses personal information. By accepting this Agreement, you expressly consent to Zazzle's disclosure and use of your personal information, which includes Zazzle sharing data, including personal data, with other parties as described in the Privacy Notice.
 Electronic Communications Delivery 15.1.  When you use the Site, or send emails and other communications to us from your desktop, mobile or any other electronic device, you are communicating with us electronically. You consent and agree to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that Zazzle may provide in connection with your Zazzle account ("Account") and your use of Zazzle's Site and services. Communications include:
1.1.  Agreements and Terms of Use you agreed to (e.g., the Zazzle User Agreement, Privacy Notice and Creator License Agreement), including updates to these agreements or Terms of Use;
1.2.  Transaction receipts or confirmations;
1.3.  Account statements and history;
1.4.  Federal and state tax statements we are required to make available to you; and
1.5.  Any other Account or transaction information.
2.  We will provide these Communications to you by posting them on the Site and/or by emailing them to you at the primary email address listed in your Account settings.
3.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 No ResaleOther than as expressly provided in this Agreement, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Zazzle's express written consent.
 Termination17.1.  You agree that Zazzle, in its sole discretion, may terminate this Agreement, in whole or in part, including but not limited to termination of your password, Account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Zazzle may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be affected without prior notice, and acknowledge and agree that Zazzle may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Should Zazzle deactivate or delete your Account due to your violation of this Agreement in any way, as determined in Zazzle's sole discretion, Zazzle reserves the right to withhold payment of any Royalties, Referral Commissions or other monies associated with your Zazzle Account(s). Further, you agree that Zazzle shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, you may contact useragreement@zazzle.com, but ultimately your only recourse is to immediately discontinue your use of the Site and/or terminate your Account.  
2.  Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

PRODUCTS
 Zazzle is a marketplace where:18.1.  Product manufacturers ("Makers") can offer, sell, and/or fulfill their Products to Users of this Site.
2.  Content owners ("Creators") may make their Content and/or Product specifications available for use in connection with the distribution or sale of certain Products; and/or
3.  To help you distinguish among the different types of transactions available on this Site, Zazzle uses the following labels on each Product page on the Site:
3.1.  "Made by Zazzle" and "Sold by Zazzle": This means Zazzle is both (i) selling the Product to you and (ii) making it or having it made for you.
3.2.  "Made by [Maker]" and "Sold by Zazzle": This means Zazzle is selling this Product, but the Product is made by a third-party Maker.
3.3.  "Made by [Maker]" and "Sold by [Maker]": This means that an independent Maker is both making the Product and selling it to you via the Zazzle Maker platform. The process for placing an order is the same as for Products sold by Zazzle, but Zazzle is only facilitating the transaction. Zazzle has no control over the quality, safety, morality or legality of any aspect of the Products sold to you by a Maker, the truth or accuracy of the listings, or the ability of the Maker to sell that product. Zazzle does not pre-screen the content or information provided by Makers for these Products, and cannot ensure that a Maker will actually complete a transaction. Zazzle does not get involved in transferring legal ownership of these Products from Maker to User, and cannot guarantee the true identity of Maker. Zazzle encourages you to communicate directly with potential transaction partners through the tools available on the Site. You understand and agree that Zazzle is only a venue for these transactions, and as such, you enter into these transactions at your own risk.
3.4.  "Designed by [Creator]": This label informs you of the Creator who has published its Content for use on Products on the Site. Creators represent that they have the right to publish their Content for use on Products, and Zazzle makes no representation as to the truthfulness of any such representations.

 Product Descriptions19.1.  Zazzle attempts to be as accurate as possible to provide a compelling User experience. There are many Creators on the Site and Zazzle does not verify the accuracy of their Product descriptions, which can include Product titles, descriptions, tags, categories and associated metadata. Zazzle does not warrant that Product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If a Product offered by Zazzle is not as described, please refer to Zazzle's Shipping and Return Terms.
2.  Zazzle prides itself on its relationships with charitable organizations and is pleased that its platform has proven to be an effective fundraising tool for many organizations. From time-to-time, Zazzle participates in specific programs designed to assist charitable organizations to raise funds for their causes. Whenever Zazzle announces these fundraising efforts, you can be assured that Zazzle will ensure that funds will be remitted to the charitable organization as disclosed in such announcements. From time-to-time, Creators may state they intend to donate their royalties or other sums to charities: Zazzle is unable to verify such statements, so please use caution when relying on them.
 Correction of Errors and Inaccuracies20.1.  The information and Product listings on this Site may contain design or typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information or Content at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Product design, description, pricing and availability. We also reserve the right to limit or restrict quantities of Products (including after you have submitted your order) for any reason, including, without limitation, if the Product violates any terms of this Agreement.
2.  In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our partners, we reserve the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you. If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.
Pricing, Shipping, and Terms of SalePrices for Products are described on the Site and are incorporated into this Agreement by reference. All prices are in U.S. dollars. Prices and Products may change at Zazzle's discretion. Zazzle may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount, and Zazzle reserves the right to not honor promotional codes if we reasonably suspect abuse. You agree not to use more than one (1) discount per item, unless such use is expressly permitted by Zazzle. Title and risk of loss for all Products ordered by you shall pass to you on Zazzle's shipment to the shipping carrier. Purchases are subject to Zazzle's Shipping and Return Terms. Zazzle reserves the right to cancel any order for any Product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
Zazzle Embroidery22.1.  If you are using Zazzle Embroidery, your use of this Site is also subject to the terms and conditions set forth in this Section.
2.  You agree to follow the restrictions below in order to purchase items through Zazzle Embroidery or to create any public Zazzle Embroidery Products for sale on the Zazzle Site. If you want your Content to be embroidered on a Product and you do not upload the stitch file to this Site, Zazzle will calculate the price to convert your Content to a stitch file and notify you of the price. For the stated fees, you can then order the stitch file and create a Product with the stitch file. If you create a public embroidery Product for sale on the Site, the Product will be published on the Site at the time the stitch file is completed (typically within 24-48 hours but it may be longer). Conversion of your Content to a stitch file is subject to a one-time stitch file conversion fee except that you must pay an additional one-time stitch file conversion fee for any resizing of the stitch file.

EARNINGS PAYMENT TERMS AND NON-CONTRIBUTING ACCOUNT FEES
 Earnings Payment Terms23.1.  If you participate as a Creator or Ambassador (as both terms are defined in the Creator License Agreement), only if and when Zazzle determines that your Account and Stores have remained in compliance with the Terms of Use (as defined in Section 1.2 hereof) for the entirety of the period for which payment is made and through to the date that the payment is issued, Zazzle will pay Royalties, Referral Commissions (as defined in the Ambassador Program Agreement) and any other compensation owed to you (collectively, "Earnings"), subject to the following:
2.  Zazzle maintains a statement of your Earnings. You may check your statement in the "My Account" section of your Account.
3.  When Earnings are Earned and Payable: The following conditions must be met before Earnings are earned and payable by Zazzle to you ("Earned and Payable"):
3.1.  Payment Threshold: Your Earnings must meet a Payment Threshold for the payment method(s) you may have chosen on your Payment Settings page (i.e., check or PayPal).
3.1.1.  "Payment Thresholds" mean (i) $100 for payments by check and (ii) $50 for payments using PayPal. Payment Thresholds are subject to change at any time or from time-to-time, in our sole discretion. You will be notified of any change in the Payment Thresholds.
3.1.2.  You may request payment of your Earnings even if you have not met any relevant Payment Thresholds, subject to payment of the following payment processing fees: $5.00 for any check under $100; or $2.50 for any PayPal transaction under $50 (collectively, "Processing Fees").
3.1.3.  Zazzle, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances.
3.1.4.  Zazzle is subject to PayPal regulations and service restrictions – if PayPal does not provide service to you or within your desired country, it will be necessary for you to select another payment method.
3.2.  Provide All Necessary Information: You must provide Zazzle with all information necessary to process your Earnings payment (e.g., relevant tax information, proper PayPal account information).
3.2.1.  In the event you have not provided us with this information, Zazzle may withhold payments until you have provided all necessary information.
3.2.2.  In the event that a check sent to the address listed as the payee address in your Account is returned as undeliverable, Zazzle may withhold further payments until you have corrected or updated your address.
3.3.  Have a Non-Negative Earnings Balance: If your payable Earnings become negative (including but not limited to any of the following reasons), Zazzle reserves the right to not pay you Earnings until (i) your payable Earnings increase to the point where they become positive, and (ii) they become otherwise payable under the provisions of this Section 23:
3.3.1. If any of your Earnings are associated with Content that is or is alleged to be infringing of a third party's rights or are otherwise in violation of the Terms of Use, Zazzle may do any of the following without providing a warning or prior notice: (i) deduct the associated Earnings from your Account; (ii) suspend your Account and payment of any Earnings; or (iii) deduct all Earnings and terminate your Account, if we determine (in our sole discretion) that you are a repeat infringer (See Section 27.9 hereof and our Creator License Agreement).
3.3.2.  In the event that an order for which you were paid Earnings is either cancelled, returned or refunded for any reason, or if Products that generated a Referral Commission are returned by the User, Zazzle will deduct the relevant amount from your Earnings.
4.  Payment Timing
4.1.  Once Earnings are Earned and Payable, payment will be made within forty-five (45) days after the end of the relevant month.
4.2.  Zazzle will pay your Earnings in accordance with the selections you make in the "Payment Settings" page in "My Account," and Zazzle makes the following options available:
4.2.1.  payment as soon as your Earnings have reached the Payment Thresholds set by Zazzle from time-to-time; or
4.2.2.  payment prior to reaching the Payment Thresholds, subject to payment of the Processing Fees; or
4.2.3.  have your Earnings held in your Account until you choose to have your payment made (after reaching the Payment Threshold set by Zazzle).
5.  Zazzle may apply withholding tax rates to international and domestic payments that may potentially be higher than otherwise would be due, if Creators do not provide us with relevant documentation, such as the W9 or W8-BEN form(s).
6.  Earnings in currencies other than your selected payment currency: (i) will be converted to your payment currency and are subject to foreign currency conversion fees; (ii) may be subject to Payment Thresholds, Processing Fees, and/or Non-Contributing Account Fees that are slightly different than the equivalent of what is detailed herein, due to currency conversion rates and/or the selected payment currency.
 Non-Contributing Account Fees24.1.  You, Zazzle and the Site thrive best when we all contribute to provide the best Content and features to Users. As a result, your Account will be deemed a "Non-Contributing Account" if you haven't either (i) published a Public Product, or (ii) had a Referred Sale (as defined in the Ambassador Program Agreement) attributed to your Account in the previous fifteen (15) month period.
2.  Your Account may be deemed "contributing" again at any time, once you publish a Public Product or have a Referred Sale attributed to your Account.
3.  Non-Contributing Accounts are subject to a monthly Non-Contributing Account fee ("Non-Contributing Account Fee"):
3.1.  Zazzle will determine if your account is subject to the Non-Contributing Account Fee on midnight PST/PDT of the last day of the previous calendar month. For example, if your account is determined to be a Non-Contributing Account as of January 31st, but is deemed contributing again on February 1st, you will still be charged the Non-Contributing Account Fee in February.
3.2.  If applicable, the Non-Contributing Account Fee specified here will be deducted from your Account's Earned and Payable Earnings prior to when Earnings are paid.
3.3.  Once a Non-Contributing Account Fee has been deducted from your Account's Earned and Payable Earnings, this deduction cannot be reversed or refunded.
3.4.  Non-Contributing Account Fees cannot cause an Account's Earned and Payable Earnings to become negative, so in the event that Earned and Payable Earnings are insufficient to cover the relevant Non-Contributing Account Fee being assessed, Earned and Payable Earnings will be deducted until the balance is equal to zero.

INTELLECTUAL PROPERTY
 Trademarks and CopyrightsZazzle's trademarks, trade dress and Product images may not be used in connection with any product or service that does not belong to Zazzle, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zazzle. All other trademarks not owned by Zazzle that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zazzle.
Proprietary Rights26.1.  You acknowledge and agree that any Content, including but not limited to text, data, photos, videos, graphics, or other material contained or distributed on or through the Site, by Zazzle, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use, distribute, or publish on the Site any Content received through the Site without the authorization of Zazzle or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site: (i) in violation of applicable copyright and other intellectual property laws; and (ii) except as explicitly permitted by the Site.
2.  You retain all ownership rights to your Content submitted to the Site. 
2.1.  However, by submitting Content to Zazzle, (i) you grant Zazzle a nonexclusive, worldwide, royalty-free, sublicensable (through multiple layers) and transferable right and license to use, copy, reproduce, prepare derivative works of, modify, publicly display, perform and distribute your Content in connection with the Site and Zazzle's (and any of its successors') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works we may create) in any media now known or hereafter developed; and (ii) you grant other Users the license rights detailed elsewhere herein (e.g., for Collaborative Content, per Section 6).
2.2.  You understand and agree that Customers who purchase digital Products that feature your Content may continue to utilize such Content, and modify it on the Site, in accordance with the Download License granted at the time of purchase, as specified in Section 3.2.5 hereof.
2.3.  You understand and agree that: (i) you may delete or hide your Content from the Site, but that due to caching and other operational limitations this procedure is not immediate; (ii) our systems will remove that Content from the Site during regularly scheduled operations; and (iii) Zazzle and its Users may continue to exercise the licenses granted herein through this period.
3.  You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
4.  Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, Zazzle grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
5.  Zazzle grants you a non-exclusive, revocable and limited license to use the Content and Zazzle's tools, images, Product photographs for the purposes of promoting the Site in the condition that you provide appropriate attribution and a link to the Zazzle website. We reserve the right to terminate this license at any time.
6.  The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials that you submit or communicate to Zazzle (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Zazzle upon their submission or communication to Zazzle, and you do assign all rights therein to Zazzle and agree that the same will automatically become the property of Zazzle and that Zazzle may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Zazzle may elect, forever.
 Intellectual Property PolicyZazzle respects the intellectual property rights of others. We ask our Users to do the same. Zazzle may terminate the accounts of Users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Zazzle's Copyright Agent, and provide the following information ("Notice"):
1.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
2.  a description of the copyrighted work and/or trademark claimed to have been infringed;
3.  a description of where the claimed infringing Content is located on our Site;
4.  your address, telephone number, and email address;
5.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
6.  a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
7.  Please note that this procedure is exclusively for notifying Zazzle that your trademark or copyrighted material has been infringed.
8.  Zazzle's Copyright Agent can be reached at: copyright@zazzle.com or by telephone at: 800-980-9890.
9.  It is Zazzle's policy (i) to respond expeditiously to valid, DMCA-compliant notifications of claimed copyright infringement by removing, or disabling access to, any material on our Site or service that is claimed to be infringing or to be the subject of infringing activity and, (ii) in appropriate circumstances, to terminate the accounts of those who we suspect to be repeatedly or blatantly infringing copyrights (“repeat infringer(s)”).
Reviews, Comments and Submissions28.1.  Except as otherwise provided elsewhere in this Agreement (See Section 26.2: "You retain all ownership rights to your Content submitted to the Site.") or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
2.  In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, Comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

 WARRANTYYOU REPRESENT AND WARRANT THAT: (i) YOU ARE THE OWNER, CO-OWNER AND/OR VALID LICENSEE OF THE CONTENT THAT YOU SUBMIT; (ii) THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (e.g., COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS; (iii) THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT; (iv) THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS. YOU REPRESENT AND WARRANT THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
IndemnityYou agree to defend, indemnify and hold Zazzle and Zazzle's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms of Use or (e) your violation of any rights of a third party, except with respect to judgments, awards, losses, liabilities, costs and expenses arising out of Zazzle's own negligence.
LEGAL
 DISCLAIMER OF WARRANTIES31.1.  THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, CONTENT, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, SUBJECT TO ANY EXPRESS WARRANTIES PROVIDED. IF ZAZZLE PROVIDES A LIMITED EXPRESS WARRANTY FOR A PRODUCT THAT IS LESS THAN FOUR (4) YEARS IN DURATION, THEN THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE LIMITED EXPRESS WARRANTY. IF ZAZZLE DOES NOT PROVIDE AN EXPRESS WARRANTY, THEN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZAZZLE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZAZZLE DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THERE WILL BE NO UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. 
2.  YOU AGREE THAT ZAZZLE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT ZAZZLE PROVIDES YOU WITH THE NECESSARY TOOLS “AS IS” TO DELETE OR HIDE PRIMARY CONTENT AND CERTAIN TYPES OF SECONDARY CONTENT, BUT IT REMAINS YOUR SOLE RESPONSIBILITY TO DELETE OR HIDE YOUR PRIMARY CONTENT AND APPLICABLE SECONDARY CONTENT, AND ZAZZLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES RELATED TO ITS PROVISION OF SUCH TOOLS OR CUSTOMER SERVICE ASSISTANCE WITH THE USE OF SUCH TOOLS.  
3.  YOU ACKNOWLEDGE THAT ZAZZLE DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ZAZZLE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ZAZZLE MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZAZZLE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE DISCLAIMERS IN THIS PROVISION DO NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
 LIMITATION OF LIABILITY32.1.  TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL ZAZZLE OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED SERVICES (“ZAZZLE ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL NON-PERSONAL INJURY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZAZZLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (E) ZAZZLE’S REMOVAL OF OR FAILURE TO REMOVE CONTENT FROM THE SITE; (F) THE USE OF CONTENT IN ANY WAY, WHETHER IT IS CONTENT SUBMITTED BY YOU OR ANOTHER USER; OR (G) ANY OTHER MATTER RELATING TO THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
2.  YOU SPECIFICALLY ACKNOWLEDGE THAT ZAZZLE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
3.  EXCEPT AS PROVIDED IN SECTION 30 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ZAZZLE ENTITIES TO YOU FOR ALL CLAIMS (INCLUDING WITHOUT LIMITATION THOSE CLAIMS DESCRIBED IN SECTION 32.1(A) THROUGH (G)), ARISING OUT OF OR RELATING TO: (i) THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE; (ii) ANY PURCHASES MADE THROUGH THE SITE; OR (iii) OTHERWISE UNDER THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATEST OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO ZAZZLE FOR ACCESS AND USE OF THE SITE, INCLUDING PURCHASES MADE THROUGH THE SITE, IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; (B) THE AMOUNT PAYABLE BY ZAZZLE TO YOU UNDER THE ROYALTY PROVISIONS IN THE CREATOR LICENSE AGREEMENT AS DETERMINED BY ZAZZLE; AND (C) $100.

 Dispute Resolution and Arbitration Agreement33.1.  PLEASE READ THIS SECTION (INCLUDING SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND REQUIRES CONFIDENTIAL ARBITRATION ON AN INDIVIDUAL BASIS.
2.  THIS SECTION APPLIES TO ANY CLAIM OR DISPUTE OR DIFFERENCE BETWEEN YOU AND ZAZZLE INC., ZAZZLE HOLDINGS INC., OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, SUCCESSORS, ASSIGNS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES (COLLECTIVELY FOR PURPOSES OF THIS SECTION 33, “ZAZZLE” OR “WE”) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH ZAZZLE (INCLUDING DISPUTES RELATING TO ZAZZLE’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY ZAZZLE, OR ZAZZLE’S COLLECTION OR USE OF YOUR INFORMATION) (EACH, A “DISPUTE”), INCLUDING, BUT NOT LIMITED TO:
2.1.  DISPUTES THAT AROSE BEFORE THIS AGREEMENT OR ANY PRIOR VERSION OF THIS AGREEMENT.
2.2.  DISPUTES THAT ARE OR WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING PURPORTED CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND
2.3.  DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THIS AGREEMENT.
3.  THIS ENTIRE SECTION 33 SHALL SURVIVE TERMINATION OF THIS AGREEMENT OR THE PARTIES’ RELATIONSHIP OR THE END OF YOUR USE OF THE SITE.
4.  Mandatory Informal Dispute Resolution
4.1.  Zazzle values its Users and seeks to resolve Disputes informally where possible. Before formally pursuing a Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to Zazzle by email at legal@zazzle.com. If Zazzle has a Dispute with you, Zazzle agrees to first send a detailed Notice to your e-mail address on file with us. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for Zazzle to identify any transaction at issue (e.g., your order number, order confirmation communication, etc.); and (4) a detailed description of your Dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking, including a calculation for any damages or other monetary relief sought. You must personally sign this Notice. Zazzle’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of our Dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and Zazzle agree to negotiate in good faith about the Dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Zazzle request a telephone conference with you in an effort to resolve your Dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or Zazzle may initiate arbitration.
4.2.  You and we hereby acknowledge and agree that compliance with and completion of this mandatory informal dispute resolution process detailed above (“Informal Dispute Process”) is a condition precedent to filing any Arbitration Demand (as defined below). The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any Arbitration Demand unless the claimant has certified in writing that they have fully complied with the Informal Dispute Process. This certification shall be personally signed by you or Zazzle, as well as your respective counsel (if represented). A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in the Informal Dispute Process.
5.  Jury Trial and Class Action Waiver; Agreement to Binding Arbitration
5.1.  Jury Trial and Class Action Waiver:  EXCEPT AS THIS AGREEMENT OTHERWISE PROVIDES, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM OR DISPUTE IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  You and we each acknowledge and agree that, to the fullest extent permitted by applicable law:  (a) EACH OF US MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or representative proceeding; (b) you and we will not be a member of any putative or actual class in a class action brought by any third party, nor will either of us seek to become a class representative in an action against the other; (c) nothing in this paragraph limits either your or our right to participate in a class-wide settlement; and (d) the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual Dispute. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.  If a court determines that this class action waiver is not enforceable as to a particular Dispute or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then you and we hereby acknowledge and agree that that particular Dispute or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining Disputes.
5.2.  Agreement to Binding Arbitration:  You and we acknowledge and agree that any Dispute shall be resolved through confidential, binding, individual arbitration, rather than in court.
6.  Initiating Arbitration and Arbitration Rules
6.1.  Any arbitration between you and Zazzle shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures, and if applicable, NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (collectively, “NAM Rules”) in effect at the time any Arbitration Demand is filed with NAM, as modified by this Dispute Resolution and Arbitration Agreement Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unavailable or unwilling to administer the proceeding under the Dispute Resolution and Arbitration Agreement Section as written, the parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) in effect at the time any Arbitration Demand is filed with AAA, as modified by this Dispute Resolution and Arbitration Agreement Section. If the AAA is unavailable or unwilling to apply this Dispute Resolution and Arbitration Agreement Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Dispute Resolution and Arbitration Agreement Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator.
6.2.  To begin an arbitration proceeding, you must send the Arbitration Demand or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your Dispute, including with the information required for your Notice and the accompanying signed certification under penalty of perjury of compliance with the Informal Dispute Process referenced above (collectively referred to as “Arbitration Demand”), to NAM (or to AAA if it is the administrator as set forth above). You and your counsel (if represented) must personally sign your Arbitration Demand. You agree to also send Zazzle a copy of your Arbitration Demand at legal@zazzle.com. If Zazzle initiates arbitration, we will send a copy of our Arbitration Demand to your email address on file with us.
6.3.  The seat of the arbitration shall be San Francisco, California. The arbitration shall occur through the submission of documents to one (1) arbitrator.  If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference.  If the arbitrator determines an in-person hearing is necessary, the hearing will take place in the United States county where you live or work, or such other location agreed upon by both parties.  Zazzle reserves the right to request an in-person or virtual hearing at any point within fourteen (14) days after its deadline to file any answer. You and Zazzle will select an arbitrator or hearing officer(s) after commencement of the action in accordance with the NAM Rules. 
6.4.  If you and Zazzle cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to NAM. You and Zazzle will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of (a) seven (7) days prior to the hearing or (b) fourteen (14) days following the arbitrator’s appointment. If only one schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.
6.5.  All proceedings under this Section 33 shall be conducted in the English language and all documents exchanged between you and Zazzle in the context of the Informal Dispute Process and any arbitration proceedings shall be in English or shall be accompanied by a certified English translation of the original document.
7.  Arbitration Fees:  Payment of all filing, administration and arbitrator fees will be governed by the NAM Rules (or the AAA Rules should AAA be the designated administrator as set forth above). Upon a showing of financial hardship, Zazzle will consider your request to promptly reimburse your portion of the arbitration fees provided for in the NAM (or AAA) Rules.
8.  Arbitration Authority
8.1.  The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and applicability, enforceability, and scope of this arbitration clause, and the arbitrability of any Dispute, claim or issue arising between us.
8.2.  The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding form of pleadings, criteria for any Arbitration Demand, Answer and other claim, locale, seat, arbitrator selection and disclosures, exchange of information, and presentation of evidence. A court of competent jurisdiction shall have the authority to enforce this entire Arbitration Agreement and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the apportionment of arbitration fees. 
8.3.  There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The parties agree that the arbitrator will follow the terms of this Agreement as a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written award sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and Zazzle and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. An arbitrator’s award that has been fully satisfied shall not be entered in any court. You and Zazzle agree that any counsel representing a party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented parties and counsel if he or she determines a Dispute is frivolous. 
8.4.  Discovery  The Parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the Parties agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Disputes appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as “all documents directly or indirectly related to”; and shall not be encumbered with extensive “definitions” or “instructions.” The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
9.  Sole Exceptions to Arbitration  Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Zazzle may elect to have an individual Dispute resolved in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or Zazzle may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
10.  Special Additional Procedures for Mass Arbitration  To the extent an arbitration falls within NAM’s definition of a mass filing (“Mass Claims”), you and Zazzle agree to the procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules," available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Informal Dispute Process is initiated, until the Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration. You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for Zazzle shall each select fifteen (15) cases (per side) to be filed in and proceed in arbitration in bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. In the meantime, no administrative fees will be assessed in connection with any remaining Disputes, unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may select another fifteen (15) cases (per side) to be filed in and proceed in arbitration in a second set of bellwether proceedings to be resolved individually. Each case shall be assigned to a separate and different arbitrator. This process shall continue consistent with this staged process of administering and moving forward a maximum of thirty (30) individual arbitration proceedings at a time until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these additional mass arbitration procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether proceeding until your claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations.

 Governing Law and Jurisdiction34.1.  You and Zazzle agree that this Agreement, your relationship with Zazzle, and any dispute resolution process initiated under Section 33 shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflicts of law provisions. You and Zazzle agree that any Dispute between us is governed by the United States Federal Arbitration Act (“FAA”), and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA.
2.  BY CONSENTING TO ARBITRATION, THE PARTIES DO NOT LIMIT IN ANY WAY EITHER PARTY’S NON-WAIVABLE STATUTORY RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER PARTY WOULD BE ENTITLED WERE A DISPUTE BEING HEARD IN A COURT.
3.  You and Zazzle irrevocably consent to the jurisdiction of and venue in the state and federal courts located within the County of San Mateo, California.  You waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located within the County of San Mateo, California.
 ReleaseIf you have a dispute with one or more Users or Creators 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 states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
SeverabilityIf any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
General37.1.  The relationship of Zazzle and you, as established by this Agreement, is that of independent contractors, and nothing contained herein shall be construed to constitute either party as the agent of the other party, or as partners, joint venturers, co-owners, employers/employees, franchisors/franchisees, or otherwise as participants in a joint or common undertaking. Zazzle exercises no control over you other than the ability to limit or terminate your ability to use the Site.
2.  Zazzle may assign its rights and responsibilities hereunder without notice to you.
3.  These terms and conditions will inure to the benefit of Zazzle's successors, assigns and licensees.
4.  Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
5.  The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.
6.  Zazzle's failure to act with respect to a breach by you or others does not waive Zazzle's right to act with respect to subsequent or similar breaches.
7.  The Terms of Use constitute the entire agreement between you and Zazzle, and supersedes all other communications, written or oral, with regard to the subject matter herein, the Site and services provided by Zazzle.
8.  These terms and conditions may not be modified by you.
9.  The following Sections shall survive any termination of this Agreement: 7 (Social Media), 15 (Electronic Communications Delivery Policy), 21 (Pricing, Shipping and Terms of Sale), 25 (Trademark and Copyright), 26 (Proprietary Rights), 27 (Intellectual Property Policy), 28 (Reviews, Comments and Submissions), 29 (Warranty), 30 (Indemnity), 31 (Disclaimer of Warranties), 32 (Limitation of Liability), 33 (Dispute Resolution and Arbitration Agreement), 34 (Governing Law and Jurisdiction), 35 (Release), and 37 (General).
10.  Zazzle will attempt to notify you when major changes are made to this User Agreement but you should periodically review the most up-to-date version at https://www.zazzle.com/terms/user_agreement. Zazzle may, in its sole discretion, modify or revise these Terms and the associated Terms of Use at any time, and you agree to be bound by such modifications or revisions.
11.  Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.
12.  Zazzle does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Zazzle's control.
13.  You agree that Zazzle is a platform and as such is not responsible or liable for any Content.
14.  You use the Site at your own risk.
15.  In the event of any conflict between the various language versions of these Terms of Use, the English language version on www.zazzle.com shall control.

Our addressPlease send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
1200 Chestnut St.
Menlo Park, CA 94025
U.S.A.
Information about contacting Zazzle's IT Security Team can be found at: https://www.zazzle.com/.well-known/security.txt﻿
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 1625 North Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
﻿To view the Zazzle User Agreement in effect prior to April 1, 2025, please click here.﻿
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User Agreement

1. Acceptance of Terms

2. User Account, Password, and Security

3. User Conduct, Acknowledgements and Agreements

4. Our Community

5. Chat

6. Collaborate

7. Social Media

8. Promotions

9. New Programs

10. Extended Offerings

11. Age and Geographic Restrictions

12. International Access

13. Death or Incapacity

14. Privacy Notice

15. Electronic Communications Delivery

16. No Resale

17. Termination

18. Zazzle is a marketplace where:

19. Product Descriptions

20. Correction of Errors and Inaccuracies

21. Pricing, Shipping, and Terms of Sale

22. Zazzle Embroidery

23. Earnings Payment Terms

24. Non-Contributing Account Fees

25. Trademarks and Copyrights

26. Proprietary Rights

27. Intellectual Property Policy

28. Reviews, Comments and Submissions

29. WARRANTY

30. Indemnity

31. DISCLAIMER OF WARRANTIES

32. LIMITATION OF LIABILITY

33. Dispute Resolution and Arbitration Agreement

34. Governing Law and Jurisdiction

35. Release

36. Severability

37. General

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