Skatebuilder – Terms of Service
Operated by Marplacode Studio LLC
Version: 1.0.0
Last updated: January 4, 2025
1. About Skatebuilder
Skatebuilder is a digital product operated by Marplacode Studio LLC (“Marplacode”, “we”, “us”, “our”). Skatebuilder allows users to create, publish, and purchase custom skateboard deck designs. Manufacturing, fulfillment, and shipping are handled by third-party partners.
2. Eligibility & Age Requirement
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Service. By using Skatebuilder, you confirm that you have full legal capacity to enter into these Terms.
If you are under 18 years of age, you are not authorized to use this Service. Any agreement entered into by a minor is void and unenforceable. If we discover that a user is under 18, we will immediately terminate their account and void any licenses granted, except that any licenses already granted for published content shall remain in effect as provided in Section 6.
3. User Content & License Grant
By uploading, creating, publishing, or submitting any design, artwork, image, or other content (“User Content”) on Skatebuilder, you acknowledge and agree to the following:
3.1 Ownership
You retain ownership of your User Content. Skatebuilder does not claim ownership of user designs.
3.2 License to Marplacode Studio LLC
You grant Marplacode Studio LLC a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to:
- use
- reproduce
- modify, adapt, resize, crop, or alter in any way
- create derivative works from (including but not limited to products on different mediums such as t-shirts, stickers, posters, or any other merchandise)
- add text, graphics, logos, watermarks, or other elements to your User Content
- create variations, adaptations, or versions of your User Content
- publish
- distribute
- publicly display
- publicly perform
- commercialize
- sell
- offer for sale
- license to third parties
your User Content for any purpose, including but not limited to:
- manufacturing skateboard decks and any other physical products
- selling products to other users
- marketing and promotion
- platform features
- catalogs, galleries, and collections
- sublicensing to manufacturing, fulfillment, marketing, or technology partners
- creating derivative products on any medium or format
This license is NON-REVOCABLE. Once you publish User Content, you cannot revoke, withdraw, or terminate this license for any reason, including but not limited to account deletion, content removal requests, or termination of your account.
4. Community Publishing & Resale
By publishing a design to the Skatebuilder community, you expressly acknowledge and agree that:
- Your design may be made available for purchase by other users
- Skatebuilder may sell products bearing your design without notifying you
- Skatebuilder may price, promote, bundle, or feature your design at its sole discretion
5. No Compensation / No Royalties / 100% Profit Retention
You expressly agree that:
- You are not entitled to any compensation, royalties, revenue share, profit participation, or any payment of any kind
- You waive any and all claims to payment, revenue, profits, or proceeds arising from Skatebuilder's use, resale, licensing, or commercialization of your User Content
- Marplacode Studio LLC retains 100% of all revenue, profits, proceeds, and financial benefits from:
- Direct sales of products bearing your User Content
- Licensing your User Content to third parties
- Marketing, promotional, or advertising use of your User Content
- Any other commercialization or monetization of your User Content
- You have no right to any portion of revenue, profits, or proceeds, regardless of how Skatebuilder uses, sells, or commercializes your User Content
- Uploading content is voluntary and unpaid, and you will not receive any payment, now or in the future, for any use of your User Content
- This waiver applies to all past, present, and future uses of your User Content
6. License Survival & Non-Revocability
The license granted under these Terms is PERPETUAL and IRREVOCABLE. It survives and remains in full force and effect regardless of:
- account deletion
- content removal from the platform
- termination of your account
- cessation of use of the Service
- any request by you to remove, delete, or revoke the license
- any dispute, claim, or legal action
- any change to these Terms
Once User Content is published, the license cannot be revoked, withdrawn, or terminated for any reason. Marplacode Studio LLC may continue to use, sell, and commercialize your User Content even after you delete your account or request removal, including but not limited to fulfilling existing orders, selling products already manufactured, and maintaining listings in catalogs or galleries.
7. Content Responsibility & Indemnification
You represent and warrant that:
- You own or have all necessary rights, licenses, permissions, and authorizations to the User Content you upload
- Your content does not infringe, violate, or misappropriate any intellectual property rights (including copyright, trademark, patent, or trade secret), privacy rights, publicity rights, or any other rights of any third party
- Your content does not contain any copyrighted material, trademarks, logos, or other intellectual property owned by third parties without proper authorization
- You have obtained all necessary consents, releases, and permissions for any persons, locations, or content depicted in your User Content
- Your content complies with all applicable laws and regulations
You agree to defend, indemnify, and hold harmless Marplacode Studio LLC, its officers, directors, employees, agents, partners, affiliates, subsidiaries, successors, and assigns from and against any and all claims, demands, lawsuits, actions, proceedings, damages, losses, liabilities, costs, expenses (including reasonable attorneys' fees and court costs), judgments, settlements, and penalties of any kind arising from or related to:
- Your User Content, including any claims of copyright infringement, trademark infringement, or other intellectual property violations
- Your breach of these Terms or any representation or warranty made by you
- Your violation of any law, regulation, or third-party right
- Any dispute between you and a third party regarding your User Content
- Any claim that your User Content caused harm, injury, or damage to any person or property
This indemnification obligation will survive termination of your account and these Terms. You are solely responsible for any liability arising from your User Content, and Marplacode Studio LLC shall have no liability whatsoever for any claims related to User Content.
8. Content Moderation
We reserve the right to remove, reject, or disable access to any User Content at our sole discretion, without notice, for any reason including but not limited to violations of these Terms, Community Guidelines, or applicable laws.
If we remove your User Content for policy violations, we will not fulfill new orders for products bearing that content. However, we may continue to fulfill existing orders that were placed before the removal, and the license granted in Section 3.2 remains in effect for any products already manufactured, listed, or in the fulfillment pipeline.
9. Orders & Fulfillment / Third-Party Manufacturing
All physical products are manufactured and shipped by third-party partners. Marplacode Studio LLC acts solely as a platform facilitator and is not a manufacturer, shipper, or fulfillment provider.
Marplacode Studio LLC is not responsible for and disclaims all liability for:
- Manufacturing defects, errors, or quality issues
- Shipping delays, lost packages, or delivery issues
- Product defects, damage, or non-conformity
- Any issues arising from third-party manufacturing, fulfillment, or shipping
- Any claims, damages, or losses related to physical products
By placing an order, you acknowledge that manufacturing and fulfillment are handled by third parties, and you release Marplacode Studio LLC from any liability related to the physical products themselves. Any claims regarding product quality, defects, or fulfillment should be directed to the third-party manufacturer or fulfillment provider, not Marplacode Studio LLC.
10. Refunds & Returns
All sales are final unless otherwise stated in our Refund & Return Policy.
11. Intellectual Property
All platform software, interfaces, branding, logos, and non-user content are the exclusive property of Marplacode Studio LLC.
12. Limitation of Liability
The Service is provided "AS-IS" and "AS-AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the maximum extent permitted by law, Marplacode Studio LLC, its officers, directors, employees, agents, partners, affiliates, and third-party service providers shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Any damages arising from your use or inability to use the Service
- Any damages arising from User Content, including intellectual property claims
- Any damages arising from third-party manufacturing, fulfillment, or shipping
- Any damages exceeding the amount you paid to Marplacode Studio LLC in the twelve (12) months preceding the claim
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
13. Dispute Resolution & Arbitration
ARBITRATION AGREEMENT: Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use of the Service shall be resolved exclusively through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Arbitration will be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Consumer-Related Disputes Supplementary Procedures, as modified by these Terms. The arbitration will be conducted in Wyoming, USA, and will be governed by Wyoming law.
CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Marplacode Studio LLC.
If any part of this arbitration agreement is found to be unenforceable, the remaining parts will remain in effect. If the class action waiver is found to be unenforceable, then the entire arbitration agreement will be null and void, and disputes will be resolved in state or federal courts in Wyoming, USA.
Governing Law: These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of law principles.
14. Changes to Terms
We may update these Terms at any time by posting the revised Terms on our website. Continued use of the Service after such changes constitutes acceptance of the updated Terms.
However, any changes to the license grant in Section 3.2, compensation terms in Section 5, or the non-revocability provisions in Section 6 will NOT retroactively affect User Content already published under previous versions of these Terms. The license terms in effect at the time you publish User Content will continue to govern that specific User Content, even if we update these Terms in the future.
It is your responsibility to review these Terms periodically. If you do not agree to any changes, you must stop using the Service and may request deletion of your account, provided that any licenses already granted for published content shall remain in effect as provided in Section 6.
15. Related Documents
These Terms work together with our other policies:
- Community Guidelines - Rules for publishing and sharing designs
- Copyright & DMCA Policy - Intellectual property and copyright infringement procedures
- Privacy Policy - How we handle your personal information
16. Contact & Service of Process
For general inquiries: support@skatebuilder.com
For legal notices, service of process, or DMCA notices, please contact our registered agent at the address on file with the Wyoming Secretary of State for Marplacode Studio LLC.
