3 Hats Terms and Conditions
Effective Date: April 25, 2025
Operated by 3 Hats Pty Ltd ("3 Hats", "we", "us"), an Australian company.
Introduction
The 3 Hats platform, accessible via web and mobile apps ("Platform"), connects artists, collectors, and users ("User", "you") to create, share, and trade artwork and educational content. By using the Platform—whether browsing, posting, purchasing, or commissioning—you agree to these Terms and Conditions ("Agreement"). If you disagree with any terms, you must not use the Platform.
1. Memberships and Services
1.1. Access
Public content is viewable without an account. Features like posting artwork, messaging, selling, or subscribing require a registered account ("Membership").
1.2. Membership Types
- Freemium: Free with basic features, including the ability to display up to 5 sellable artworks and one sellable video (capped at 15 seconds), see ads across the app.
- Premium: A paid subscription ($9.90AUD per month) offering premium features, including: Unlimited uploads of images and videos (videos can be set with a "buy now" price for purchase). No ads.
Benefits may vary and are subject to change. We will notify you of updates to benefits or pricing via email or the Platform.
1.3. Services
Services include:
- Artist portfolios for showcasing artwork.
- Tools for managing custom commissions (future feature in progress).
- Messaging for artist-collector communication.
- Video tutorials and artistic content (e.g., process or timelapses).
- Marketplace for digital and physical products.
- Future features like virtual events and competitions.
1.4. Delivery
Services may use third-party providers and servers in Australia or globally.
1.5. Artwork Definition
"Artwork" includes:
- Digital works (e.g., illustrations, NFTs, digital paintings).
- Physical works (e.g., paintings, sculptures, prints).
- Commissioned pieces.
- Digital assets such as brush sets, texture packs, templates, and other downloadable creative tools.
- Artworks are treated as "Products" for sales and may have additional terms based on format or delivery.
1.6 Your Content (User-Generated Content)
“Your Content” means any artwork, images, videos, audio, files, tutorials, designs, text, messages, or other materials that you upload, post, publish, transmit, store, or otherwise make available through the 3 Hats Platform. This includes, without limitation, digital or physical artworks, video tutorials, timelapse recordings, downloadable files, profile information, written descriptions, messages, and any other creative or informational materials submitted by you.
“Your Content” does not include materials, code, or content created by or on behalf of 3 Hats Pty Ltd or its contractors.
2. Eligibility
2.1. Requirements
To register, you must:
- Be at least 16 years old or the age of majority in your jurisdiction.
- Be legally capable of entering binding contracts.
2.2. Restrictions
Those under 16 are prohibited from using the Platform.
3. Account Creation and Security
3.1. Registration
Select a unique, non-offensive username. We may remove usernames that mislead, impersonate, or violate laws.
3.2. Security
Safeguard your password. You are responsible for all account activity. Report unauthorized access to support@3hats.io immediately.
3.3. Accuracy
Provide and maintain accurate, complete account information.
4. Using the Platform
4.1. Official Interfaces
Access Services only through official 3 Hats interfaces.
4.2. Restrictions
Do not share, sell, or transfer Services to others without our written approval.
4.3. Compliance
Use the Platform for personal or professional purposes, complying with all laws.
5. Payments and Subscriptions
5.1. Free and Paid Services
Some features are free; others, like subscriptions, tutorials, or event access, require payment.
5.2. Payment Obligations
For paid Services or Products, you agree to:
- Pay listed fees at purchase.
- Cover applicable taxes and transaction costs.
- Pay upfront unless otherwise agreed.
5.3. Pricing Changes
We may adjust prices, effective after notice via email or the Platform.
6. Payment Processing
6.1. Third-Party Processors
Payments use third-party processors (e.g., Stripe, PayPal). Follow their terms.
6.2. Disputes
Resolve disputes with third-party payment processors (e.g., Stripe, PayPal) directly with them.
6.3. Direct Payments
If we offer direct card payments, you authorize charges for amounts owed. Provide a valid payment method if a transaction fails.
6.4. Authorization
Confirm you are authorized to use your payment method.
6.5 Revenue and In-App Payment Transparency
(a) Third-Party Payment Processing: All transactions on the Platform, including artwork sales, subscriptions, and commissions, are processed securely through approved third-party providers such as Stripe and PayPal. Users agree to comply with the respective terms of these processors. 3 Hats Pty Ltd does not store or have access to full payment card details.
(b) Service Fees and Commission: 3 Hats deducts a 3% commission on each successful sale to support platform maintenance and transaction costs. Applicable taxes and processing fees may also apply.
(c) Earnings and Withdrawals: Seller earnings, net of commission and applicable fees, are disbursed to the seller’s connected payment account in accordance with the third-party processor’s policies. 3Hats is not responsible for delays or errors caused by third-party payment services.
(d) Refunds and Chargebacks: All refunds and chargebacks are governed by the 3 Hats Refund Policy and Dispute Resolution Policy. If a refund is issued, the refunded amount may be deducted from the seller’s future earnings or require repayment if no balance exists.
(e) Currency and Taxes: All prices are listed in Australian Dollars (AUD) unless otherwise stated. Sellers are responsible for reporting and paying any applicable taxes or GST arising from their sales.
(f) App Store Revenue Rules: For purchases made through Apple App Store or Google Play, their payment systems and commission structures apply. 3 Hats may adjust pricing or payout structures to remain compliant with app store requirements.
6.7 Artist Payout Holds & Frozen Payouts
-All payouts to artists are held for 7 days after a successful purchase or until 3 Hats confirms that no dispute has been raised related to the transaction.
-If a buyer files a dispute during this period, the payout is immediately frozen until the dispute is resolved.
-If a refund is issued after payout has already occurred, Stripe may apply a negative balance to the artist’s connected account, which will be offset against future sales or payouts.
-This payout system aligns with standard marketplace protections for buyers and artists.
7. Educational Videos
7.1. Purpose
Artists may offer tutorials or timelapse videos for purchase, covering creative techniques or processes to inspire learning within the 3 Hats community.
7.2. Ownership
Artists retain ownership of their videos and all associated intellectual property rights.
7.3. License
Buyers receive a non-commercial, non-transferable license to view videos for personal learning purposes only.
7.4. Restrictions
You must not:
- Copy, share, or distribute videos commercially.
- Post videos on external platforms or social media.
- Edit or create derivatives of videos.
- Sell or lease videos.
- Use videos for business purposes without the artist's written consent.
- Claim or represent yourself as the creator or owner of the videos.
7.5. Enforcement
Violations may lead to loss of access to the videos or account suspension, at 3 Hats' discretion.
7.6. Video Licensing Terms
Requirement: Artists must provide clear license terms defining buyer usage rights (e.g., personal learning, no commercial use), displayed on the video sale page and confirmed at checkout.
Options: Use standard licenses (Personal Learning, Personal Use, or Commercial) or custom terms.
Display: Terms appear as a brief summary on the sale page with a link to full terms. Buyers acknowledge terms via a checkbox at checkout.
Post-Purchase: Terms are included in the purchase confirmation email and stored in the buyer’s account under "My Purchases."
8. 3 Hats Creative Marketplace
8.1. Purpose
The 3 Hats Creative Marketplace ("Marketplace") empowers artists to share and sell their unique creations, fostering a vibrant community of creators and collectors. Your content ("Your Content"), which includes digital artworks, physical artworks, digital assets, educational tutorials, and videos (such as timelapses) you upload or sell on the Marketplace, must comply with this Agreement, supporting 3 Hats' mission to inspire and educate.
8.2. What You Can Sell
- Digital Creations: Tutorials, timelapse videos, NFTs, or digital artwork.
- Physical Creations: Prints, apparel, or handmade items featuring your art.
8.3. Selling Digital Creations
- Pricing: You set the price for each digital creation (e.g., tutorials, NFTs), reflecting its value. We list it at your price, adding any applicable taxes. Creative Licenses: Choose license terms for your creations, such as our standard Personal Learning License (for non-commercial, personal use) or custom terms (subject to our approval). License terms will be clearly displayed on the product page and confirmed by buyers via a checkbox at checkout. You are responsible for addressing buyer disputes over license terms (e.g., if a buyer uses a tutorial commercially against the license), using the Platform’s messaging system to resolve issues. We provide messaging tools to facilitate communication but do not enforce resolutions.
- Sharing with Buyers: After a sale, we grant buyers access to your creation based on the license terms they acknowledged via a checkbox at checkout. You grant us a worldwide, royalty-free permission to manage sales, delivery, and promotion of your creations on the Platform.
- Earnings: We deduct a 3% commission to support the Platform. Your earnings (minus taxes) are transferred to your account via third-party payment processors (e.g., Stripe, PayPal). Buyer Feedback: Promptly address buyer-reported issues, such as file errors or descriptions not matching the creation. If a refund is issued (e.g., under Australian Consumer Law), it may be deducted from your revenue from future sales on the Platform or require direct repayment to us if no future sales occur.
8.4. Selling Physical Creations
- Pricing: You add a mark-up, which is your desired profit or charge for your creative work, to the base production cost provided by 3 Hats or our suppliers (e.g., the cost of printing or manufacturing items like prints or apparel). We sell the physical creation at the total price, which combines the base production cost, your mark-up, and any applicable taxes.
- Production Permission: You grant us and our suppliers a worldwide, royalty-free permission to use your art to produce and sell physical items, such as prints or apparel, on the Platform.
8.5. Rules for All Sales
- Accurate Listings: Describe creations truthfully and ensure no infringement.
- Content Ownership: You retain ownership but allow us to promote it.
- Refunds and Returns: Refunds may be issued per Australian Consumer Law, deducted from earnings.
- Tax Duties: You handle tax obligations.
8.6. Payment Process
- Processors: Sales use third-party platforms. Withdraw earnings per their terms.
- Currency: Transactions in Australian Dollars (AUD). Conversion fees may apply.
- Commission: Our 3% commission supports Platform growth.
8.7. Community Standards
Listings should encourage originality, education, and collaboration. Non-compliant content may be removed.
8.8. Artwork Licensing
- Requirement: Specify license terms for artworks, displayed on the sale page and confirmed at checkout.
- Options: Use standard licenses (Personal Learning, Personal Use, or Commercial) or custom terms.
- Enforcement: You handle license misuse disputes. We may suspend access for violations.
- Transparency: Terms are included in post-purchase emails and stored in the buyer’s account.
9. Commissions (Future feature in progress)
9.1. Purpose
3 Hats facilitates custom artwork commissions, creating a seamless process for personalized creations.
9.2. Commission Agreement
- Formation: A custom Artist-Buyer Agreement is generated based on the buyer’s brief, agreed upon at hire.
- Scope: Artists create original artwork as specified, delivered digitally or physically.
9.3. Payment and Escrow
- Payment: Buyers pay upfront via third-party providers, held in escrow.
- Release: Funds are released upon buyer approval or 14 days after delivery if no dispute.
- Fees: 3 Hats deducts a 3% commission. Buyers cover transaction or tax fees.
9.4. Revisions
- Included Revisions: Up to two reasonable revisions, tracked via the Platform.
- Request Process: Buyers request revisions through the Platform, logged and tracked.
- Additional Revisions: Artists may charge for extra revisions, agreed upon via the Platform.
9.5. Delivery
- Digital Artwork: Artists upload files, accessible upon approval or after 14 days.
- Physical Artwork: Use tracked shipping with a valid tracking number. Shipping fees are set by the artist.
9.6. Commercial Use
- Default: Commissions are for personal use unless specified.
- Commercial Terms: Artists provide specific terms and pricing for commercial use.
9.7. Dispute Resolution
- Process: Resolve issues via messaging within 14 days of delivery.
- Mediation: 3 Hats may mediate, deciding on refunds or payment release.
- Refer to section 35. Dispute Resolution and Refund Policy for more information.
9.8. Abandonment and Non-Compliance
- Artist Abandonment: Report non-responsive artists to support@3hats.io. Refunds may be issued.
- Repeated Issues: Artists with repeated non-compliance may face suspension.
9.9. Limitation of Liability
3 Hats is not liable for artistic style disagreements, shipping issues without tracking/insurance, or communication failures.
10. Buying Marketplace Products
10.1. Buyer Responsibilities
Comply with the seller’s license terms, displayed on the product page and confirmed at checkout.
10.2. Dispute Resolution and Liability
Buyers must resolve disputes over purchased products or their licenses (e.g., issues with quality, delivery, or usage rights) directly with the seller via the Platform’s messaging system. 3 Hats facilitates communication and may offer mediation, as outlined in Clause 9.7, but is not liable for these issues. Sellers are responsible for addressing disputes and any resulting remedies (e.g., refunds, replacements). This limitation of liability is subject to any obligations imposed by applicable laws. Refer to section 35. Dispute Resolution and Refund Policy for more information.
11. Conduct Rules
11.1. Compliance
Follow all laws, usage policies, and guidelines provided.
12. Privacy
12.1. Commitment
We protect your personal information per the Australian Privacy Act 1988 and applicable laws (e.g., GDPR). See our Privacy Policy.
12.2. Data We Collect
- Account information (name, email, username, payment details).
- Content and communications (artwork, videos, messages).
- Usage data (browsing history, analytics).
- Shipping information for physical deliveries.
12.3. How We Use Data
- Process transactions and enable features.
- Promote the community and ensure security.
12.4. Sharing Data
- With artists/buyers for sales/commissions.
- With third-party providers (e.g., PayPal, Stripe).
- As required by law.
12.5. Your Rights
- Access, update, or delete data via account settings or support@3hats.io.
- Opt out of marketing.
- EU/UK users have GDPR rights (e.g., data portability).
12.6. User Responsibilities
Do not share others’ personal information without consent.
12.7. Data Security
We use industry-standard measures but cannot guarantee absolute security.
12.8. Full Privacy Policy
For more detailed information about how we collect, use, and protect your data, please refer to our full Privacy Policy available at: https://3hats.io/privacy
12.9. International Data Transfers
Your personal data may be stored, processed, or transferred across international borders, including to countries that may not provide the same level of data protection as your home jurisdiction. By using 3Hats, you consent to these global transfers, which are necessary for operating the platform and fulfilling transactions.
3Hats takes reasonable steps to ensure your information remains protected wherever it is processed; however, we cannot be held liable for any loss, delay, interception, or unauthorized access arising from international data transfers, third-party service providers, or cross-border communications beyond our control.
13. Intellectual Property
13.1. Your Content Ownership
You retain ownership of Your Content (artwork, videos, briefs).
13.2. License to 3 Hats
You grant a worldwide, non-exclusive, royalty-free license to host, display, and promote Your Content.
13.3. License Scope
The license lasts while Your Content is on the Platform, ending upon removal except for existing promotions.
13.4. Platform IP
3 Hats owns the Platform’s design, logos, and code. Do not use it without permission.
13.5. Content Protections
Warranties: You warrant that your Content is original and does not infringe the rights of others.
Infringement Reporting: If you believe that Content on 3 Hats infringes your rights, please notify us at support@3hats.io.
Counter-Notices: If your Content is removed due to an infringement report and you believe the removal was a mistake or that you have the right to use the Content, you may submit a counter-notice to support@3hats.io. We will review your counter-notice and may reinstate the Content if appropriate.
Repeat Infringers: Users who repeatedly infringe others' rights may have their accounts suspended or terminated.
13.6. Community Standards
All Content posted on 3 Hats must align with the creative, respectful, and inclusive spirit of the platform. You agree not to post Content that is unlawful, offensive, defamatory, obscene, discriminatory, or otherwise contrary to the values and purpose of 3 Hats. We reserve the right to remove any Content, and to suspend or terminate accounts, that we determine, in our sole discretion, violate these Community Standards.
13.7 Developer and Contractor Intellectual Property Assignment
All intellectual property, source code, designs, databases, software, documentation, and other materials created or developed for 3 Hats Pty Ltd by employees, contractors, or third-party developers (collectively, “Creators”) are and remain the sole property of 3 Hats Pty Ltd. Each Creator irrevocably assigns to 3 Hats Pty Ltd all worldwide rights, title, and interest in such intellectual property, including all moral rights to the extent permitted by law. Creators waive any future claims to authorship, royalties, or ownership. This assignment applies automatically upon creation and survives termination of any agreement with the Creator.
13.8 Trademarks and Brand Assets
“3 Hats,” the 3 Hats logo, and all related names, product and service names, designs, and slogans are trademarks or registered trademarks of 3 Hats Pty Ltd or its licensors. You must not use any of these marks, logos, or branding materials without our prior written consent. Unauthorized use of 3 Hats trademarks or trade dress, including imitation or misrepresentation of association, may result in immediate termination of your account and legal action.
3 Hats Pty Ltd reserves all rights to pursue trademark registration and protection of its brand in Australia and internationally.
13.9 Expanded License for Operational and Promotional Use
By uploading, posting, or otherwise making available any artwork, video, or other content (“Your Content”) on the 3 Hats Platform, you grant 3 Hats Pty Ltd a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to host, reproduce, adapt, modify (solely for formatting or display purposes), communicate, publicly perform, distribute, and display Your Content.
For Promotion: 3 Hats may use thumbnails, excerpts, and images of Your Content to market, promote, or advertise the Platform or your profile (for example, in app banners, social media posts, or marketing campaigns).
This licence remains in effect while Your Content is available on the Platform and continues for a reasonable period thereafter for archival purposes or for promotional materials already in use.
You retain full ownership of Your Content and may remove it at any time, unless it has already been purchased or licensed by another user.
By uploading Your Content, you consent to 3 Hats Pty Ltd using, reproducing, adapting (for technical formatting or display), and communicating excerpts or thumbnails of Your Content for the limited purpose of promoting the Platform or your profile. You consent to this use to the extent required under the Copyright Act 1968 (Cth).
14. Content Licensing
14.1. Platform Use
You grant a global, royalty-free license to use Your Content for Platform operations.
14.2. Moderation
We may use Your Content for safety and search tools.
14.3. Attribution
Your username may be linked to Your Content.
15. Content Warranties
15.1. Guarantees
- You have rights to license Your Content.
- Your Content does not violate others’ rights.
- AI-generated content is disclosed.
16. Content Responsibility
16.1. Liability
We do not endorse user content and are not liable for it.
16.2 Content Moderation and Platform Liability
3 Hats Pty Ltd acts solely as a hosting and facilitation platform for creative content shared between users. We do not pre-screen or endorse Your Content and are not responsible for monitoring or verifying the accuracy, legality, or quality of any content posted.
(a) Users are solely responsible for the materials they upload, display, sell, or communicate through the Platform.
(b) 3 Hats reserves the right, at any time and without prior notice, to review, remove, or restrict access to any content that, in our judgment, violates these Terms, applicable law, or community standards, or that may expose 3 Hats or its users to harm or liability.
(c) Removal of content under this clause does not entitle any user to compensation, and 3 Hats shall not be liable for any resulting loss of revenue, visibility, or goodwill.
(d) 3 Hats does not guarantee the continuous availability of any content and is not responsible for any loss or damage resulting from downtime, deletion, or suspension of user content.
17. Content Oversight
17.1. Review
We may review and remove inappropriate content.
17.2. Compliance
We may share information to comply with laws or protect users.
17.3. Reporting
Report issues to support@3hats.io.
18. Copyright Complaints
18.1. Notification
Notify us of infringement at support@3hats.io.
18.2 DMCA Agent and Copyright Procedure
3 Hats Pty Ltd respects the intellectual property rights of others and expects users to do the same. We comply with the U.S. Digital Millennium Copyright Act (DMCA) and similar international copyright laws.
(a) DMCA Agent
Pursuant to the DMCA, 3 Hats Pty Ltd designates the following agent to receive notices of alleged infringement:
Designated Agent: Legal Department, 3 Hats Pty Ltd
Email: support@3hats.io
(b) Submitting a Notice of Infringement
If you believe that any material on the Platform infringes your copyright, you may submit a written notice containing:- Your full legal name, contact information, and a physical or electronic signature.- Identification of the copyrighted work claimed to have been infringed.- Identification of the infringing material and its location on the Platform.- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
(c) Counter-Notification
If your content was removed due to a DMCA notice and you believe it was wrongly taken down, you may submit a counter-notification including:- Your name, address, and signature.- Identification of the material removed and its previous location.- A statement under penalty of perjury that you have a good-faith belief the content was removed in error or misidentification.- Consent to the jurisdiction of the Federal Court in your district (or in New South Wales, Australia, if
outside the U.S.).- Upon receiving a valid counter-notification, 3 Hats may reinstate the content unless the original claimant files an action seeking a court order.
(d) Repeat Infringers
Users who repeatedly infringe others’ rights may have their accounts terminated at 3 Hats’ discretion.
19. Prohibited Actions
19.1. Restrictions
Do not:
- Disrupt or hack the Platform.
- Post illegal, harmful, or defamatory content.
- Spread viruses or malicious code.
- Spam or access data without permission.
- Manipulate ratings or data.
- Remove IP notices.
- Share accounts or bypass security.
- Interfere with others’ use.
20. Consequences
20.1. Violations
May lead to account suspension or termination.
21. User Responsibilities
21.1. Equipment
Provide your own equipment and internet. We are not liable for related issues.
22. Service Reliability
22.1. Downtime
The Platform may face downtime due to maintenance or technical issues.
22.2. Translations
Translations may not be fully accurate.
23. Platform Updates
23.1. Modifications
We may modify features or functionality at any time.
24. Account Inactivity
24.1. Suspension
Prolonged inactivity may lead to account suspension, with notice.
25. Termination
25.1. By Us
We may terminate for non-payment, violations, or false warranties.
25.2. By You
Close your account anytime.
25.3. Effects
- Stop using the Platform.
- Lose account access.
- Forfeit credits or points.
- Pay any debts.
- Your Content may be removed.
- Licenses and certain terms survive.
26. Competitions
26.1. Rules
Specific rules govern contests, overriding this Agreement where applicable.
27. External Links
27.1. Third-Party Sites
We are not responsible for linked sites’ content or practices.
27.2. Linking to 3 Hats
Share links to 3 Hats freely, but do not:
- Frame or embed content without permission.
- Imply endorsement without consent.
- Use links in commercial schemes.
28. No Warranties
28.1. As Is
The Platform is provided "as is" without guarantees.
29. Limitation of Liability
29.1. Your Risk
You use the Platform at your own risk.
29.2. General Limitations
We are not liable for indirect or consequential damages, including lost profits.
29.3. Direct Losses
To the maximum extent permitted by law, if we breach these Terms, our liability is limited to the total amount you paid to 3 Hats for the specific service affected by the breach. We are not liable for any indirect, consequential, special, or incidental damages arising from the breach.
29.4. Mandatory Liabilities
We are liable for intent, gross negligence, or breaches of material obligations, per Australian Consumer Law.
29.5. International Users
You are responsible for understanding local laws.
30. Governing Law and Jurisdiction
This Agreement and any dispute, claim, or controversy arising out of or relating to the Platform, these Terms, or any related transaction shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.
You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for any legal proceedings arising out of or relating to this Agreement or your use of the Platform.
If you access or use the Platform outside Australia, you are responsible for compliance with your local laws. 3 Hats Pty Ltd makes no representation that the Platform or its Services are appropriate or available for use in other jurisdictions.
31. User Conflicts
31.1. Resolution
Resolve disputes with users directly. We may assist but are not liable. Refer to section 35. Dispute Resolution and Refund Policy for more information.
32. Artificial Intelligence
32.1. Restricting Use in Generative AI
- Indicate in your project description if you do not want Your Content used in Generative AI systems.
- We will not use or license such content for AI datasets, training, or input.
- Do not use others’ content marked as restricted for AI.
32.2. Declaring Use of Generative AI
Disclose if a significant portion of Your Content was created using Generative AI.
32.3. How 3 Hats Uses AI
We may use AI for safety, moderation, and search, but not for training Generative AI systems.
32.4 AI-Generated Content Disclosure and Enforcement
Users must accurately disclose when any portion of Your Content has been created or substantially altered using Generative AI or similar automated systems.
(a) Disclosure Requirement – At upload, Users must identify whether Generative AI was used and describe the extent of AI involvement (e.g., concept generation, image rendering, or editing).
(b) Accuracy of Disclosure – Submitting false or misleading information about AI use constitutes a material breach of these Terms.
(c) Platform Action for Non-Compliance – If 3 Hats determines that a User has failed to disclose AI involvement, 3 Hats may, at its sole discretion:- Remove or hide the non-compliant Content;- Suspend or terminate the User’s account; and/or- Notify affected Users or buyers who obtained such Content.
(d) No AI Training Use – 3 Hats will not use, license, or permit Your Content to be used for training or input into Generative AI systems without your express written consent.
(e) Good-Faith Review – 3 Hats may review Content flagged for potential AI misrepresentation and take appropriate enforcement action consistent with this Agreement.
33. Data Scraping and Automated Access
33.1. Prohibited Activities: 3 Hats expressly prohibits the use of bots, scrapers, spiders, or any other automated means to access, collect, or extract data, images, text, or any other content from the 3 Hats Platform ("Scraping") unless expressly authorized in writing by 3 Hats.
33.2. No Liability for Unauthorized Scraping: 3 Hats is not responsible for, and expressly disclaims any liability arising from, unauthorized access, scraping, or data harvesting conducted by third parties. By using the Platform, you acknowledge and accept that publicly available data may be subject to unauthorized access despite 3 Hats' best efforts to prevent such activity.
33.3. Enforcement: 3 Hats reserves the right to investigate and take any legal or technical measures it deems necessary — including IP blocking, account suspension or termination, and initiating civil or criminal proceedings — to protect its data, intellectual property, and the rights of its Users.
34. Content Promotion
34.1. Highlighting
We may highlight content based on engagement.
35. Content Standards
35.1. Guidelines
We enforce guidelines to keep the Platform safe. See our Safety Center.
36. Dispute Resolution and Refund Policy
36.1 - 3 Hats Dispute Resolution Policy
Effective Date: 28 May 2025
Last Updated: 28 May 2025
36.1.1. Overview
At 3 Hats, we aim to create a fair and trustworthy marketplace for artists and buyers. This Dispute Resolution Policy outlines the process for resolving issues related to payments, missing or damaged artwork, and order disputes. By using our platform, all users agree to follow this policy.
36.1.2. Eligible Disputes
A dispute may be filed in the following cases:
- Non-Delivery: The buyer has not received the artwork within the expected timeframe.
- Damaged or Misrepresented Artwork: The received item is significantly different from the listing description or arrives damaged.
- Payment Disputes: A charge was made incorrectly, or a buyer/seller disputes a transaction.
- Unauthorized Transactions: Transactions made without the account holder’s consent.
36.1.3. How to File a Dispute
- To initiate a dispute, the buyer or seller must submit a Dispute Form through our platform within 14 days of the expected delivery date or order completion. The form must include:
Order ID and transaction details.
- Proof of purchase or payment.
- Relevant communication between the buyer and seller.
- Photos or videos (if applicable) showing damage or discrepancies.
- Tracking information (for delivery-related disputes).
36.1.4. Resolution Process
Once a dispute is filed, the following steps will be taken:
Step 1: Initial Review
- 3 Hats will review the provided evidence within 5 business days.
- If the dispute is incomplete or lacks sufficient evidence, additional documentation may be requested.
Step 2: Mediation
- 3 Hats will facilitate communication between the buyer and seller to encourage a resolution.
- Possible resolutions include a full refund, partial refund, replacement, or return (if applicable).
Step 3: Final Decision
- If mediation does not resolve the dispute, 3 Hats will issue a final decision based on the available evidence.
- Decisions made by 3 Hats are final and binding for both parties.
- In cases of fraud, policy violations, or repeated disputes, accounts may be flagged, suspended, or banned.
36.1.5. Timeframes for Disputes
- Non-Delivery Claims: Must be filed within 14 days of the expected delivery date.
- Damaged/Misrepresentation Claims: Must be filed within 7 days of receiving the artwork.
- Payment Disputes: Must be filed within 14 days of the transaction.
- Failure to file within these timeframes may result in automatic dispute closure.
36.1.6. Payment Hold & Refund Process
- Payments may be temporarily held in escrow until the buyer confirms receipt. Refunds (full or partial) will be processed based on the dispute outcome.
- If a refund is issued, the seller may be required to return funds or provide an alternative resolution.
36.1.7. Chargebacks & External Disputes
If a buyer files a chargeback through their bank or payment provider, 3 Hats will provide all dispute related documentation. Users who frequently engage in chargebacks may face account suspension.
36.1.8. Contact Us
For questions regarding this policy or an ongoing dispute, contact support@3hats.io
Note: This Dispute Resolution Policy should be read in conjunction with the 3Hats Terms & Conditions
36.2 - 3 Hats Refund Policy
Effective Date: 28 May 2025
Last Updated: 28 May 2025
36.2.1. Overview
At 3 Hats, we strive to ensure a positive experience for both buyers and sellers. This Refund Policy outlines the conditions under which refunds may be granted and the process for requesting one. By using our platform, all users agree to comply with this policy.
36.2.2. Eligibility for Refunds
- 3 Hats does not accept returns or refunds for change of mind under any circumstance.
A refund may be requested under the following conditions:
- Non-Delivery: The buyer did not receive the purchased artwork within the expected timeframe.
- Damaged Artwork: The item arrived damaged due to shipping or improper packaging.
- Item Not as Described: The received artwork significantly differs from the listing description.
- Unauthorized Transactions: A purchase was made without the account holder’s consent.
Refunds are not granted for:
- Buyer’s remorse or change of mind.
- Minor colour variations due to screen differences.
- Digital downloads or commissioned artworks (unless the seller fails to deliver the agreed work).
36.2.3. How to Request a Refund
To initiate a refund request, the buyer must submit a Refund Request Form within 7 days of receiving (or expecting to receive) the artwork. The request must include:
- Order ID and transaction details.
- Reason for the refund request.
- Supporting evidence (e.g., photos of damaged artwork, tracking information, seller communication, etc.).
36.2.4. Refund Process
Step 1: Review & Verification
- 3 Hats will review the refund request within 5 business days.
- If additional evidence is required, the buyer will be notified.
Step 2: Seller Communication
- The seller will be given 5 days to respond to the refund request.
- The seller may offer a resolution such as a replacement, partial refund, or full refund.
Step 3: Final Decision
- If an agreement is not reached, 3 Hats will make a final decision based on the provided evidence.
- Approved refunds will be processed within 7 business days via the original payment method.
- If a refund is denied, the transaction will remain as is.
36.2.5. Returns (If Applicable)
3 Hats does not accept returns or refunds for change of mind under any circumstance.
- If a return is required, the artist is responsible for return shipping costs in all eligible dispute cases (damaged, wrong item sent, or item not as described).
- The buyer must provide a valid tracking number.
- Refunds are issued only after tracking confirms delivery back to the artist (unless 3 Hats decides the item does not need to be returned).
- Buyers never pay return shipping fees, as 3 Hats does not allow change-of-mind returns.
36.2.5(a) Return Not Required Cases
In some cases — including low-value items, clear evidence of damage, or seller agreement — 3 Hats may approve a refund or replacement without requiring the item to be returned.
In these situations, the buyer may keep, discard, or donate the faulty item.
36.2.6. Chargebacks & External Refund Requests
If a buyer disputes a transaction through their bank or payment provider, 3 Hats will provide all relevant documentation. Users who frequently file chargebacks may face account suspension.
36.2.7. Contact Us
For refund-related inquiries, contact support@3hats.io
Note: This Refund Policy should be read in conjunction with the 3 Hats Terms & Conditions and Dispute Resolution Policy.
37. Support
37.1. Contact
Reach us at support@3hats.io for assistance.
Terms and Conditions (In a nutshell):
- Using 3 Hats means you agree to these rules.
- You can browse freely, but uploading, selling, or messaging requires an account.
- Free or Premium—your choice.
- Free users can post limited works and see ads. Premium members get unlimited uploads and no ads.
- You must be at least 16 and legally able to join.
- If you’re under 16, you can’t create an account.
- Keep your login safe.
- You’re responsible for what happens on your account. Report any breach to support@3hats.io.
- Use 3 Hats only for lawful, creative purposes.
- Don’t hack, copy, or misuse the Platform.
- Payments are handled by Stripe or PayPal.
- We don’t store your card details. A 3 % commission supports platform costs.
- Creators keep ownership of their art and videos.
- You just allow us to host, display, and promote your content on 3 Hats.
- Digital assets (like brush sets or files) are treated as artwork.
- You set the price and license terms; buyers get the usage rights you specify.
- Physical artworks are printed or shipped through trusted partners.
- Artists handle taxes and accurate listings.
- Commission jobs are prepaid and protected.
- Funds are held until work is approved. We help mediate if something goes wrong.
- Buyers must follow the license shown at checkout.
- If a dispute happens, talk to the seller first; we’ll step in if needed.
- Be respectful.
- Offensive, illegal, or plagiarized content can be removed and may lead to suspension.
- We protect your privacy.
- See the full Privacy Policy for details on how we handle your data.
- Your art stays yours; our code and logo stay ours.
- Don’t copy or reuse our brand or software.
- If you post content, make sure it’s original.
- You’re responsible for it, and we can remove anything that breaks the rules.
- If your work is stolen, we follow DMCA law.
- Report it and we’ll act quickly and fairly.
- No bots or scraping.
- Automated data collection or misuse isn’t allowed.
- Be honest about AI-generated work.
- Say when you’ve used AI tools, and don’t use others’ art for AI training.
- We can highlight great work or update features anytime.
- Platform changes help keep things fresh and compliant.
- We’re not liable for losses or downtime.
- Use 3 Hats at your own risk; our responsibility is limited by law.
- Any legal matters are handled in New South Wales, Australia.
- Disputes and refunds follow our clear policies.
- We review evidence, mediate fairly, and issue refunds when appropriate.
Need help?
Contact support@3hats.io for questions or concerns.
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