TERMS OF SERVICE

 

Painterly TV Terms of Use (“Terms”)

 

Date Last Modified: February 1, 2019

Introduction

 

Thank you for your interest in using our services and products. Welcome to the Terms of Use (including any future modifications, the “Terms”) for websites, content, games, software, interactive TV, applications, or other online services and products which include these Terms or a link to these Terms (including all Content therein, the “Painterly TV Services”). The Painterly TV Services are made available to you by Slodoun LLC d/b/a Painterly Events, its affiliated companies (including successors assigns, “Painterly", “Painterly TV”, “PTV”, "we", "us" or "our") and/or third parties. We provide our Registered Users (defined below) with access to our Site, and to a wide array of arts and crafts related multi-media content, including video classes, audio, graphics, photos, text, special features, digital downloads and messages, and a forum for blogs and postings. We provide access to the Content (defined below) by streaming it over the internet.

Please note that the availability of any Painterly TV applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Painterly TV and such social networking site, mobile or tablet device, or internet television or other technology platform. You become a registered user of the Service and create a Service account (“Account”) by (i) using your personal unique email address and giving other information required; or (ii) by using the available single sign-on via Facebook and/or Google +. These Terms set out the agreement between us and you regarding how you can use the Painterly TV Services and what responsibilities you and we have to each other. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PAINTERLY TV SERVICES. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. By accessing or using any of the Painterly TV Services you agree to these Terms. If you do not agree to these Terms, please do not access or use the Painterly TV Services.

1. Terms and Modifications

 

These Terms are a contract between you and Painterly TV. These Terms include our Privacy Policy, which is hereby incorporated by reference ("Privacy Policy"). Our Privacy Policy explains how we may collect, maintain and disclose data regarding you and others.

 

Separate, additional terms may also apply to Painterly TV Services such as the Subscription Agreement in the instance of paid subscription services (“Additional Terms”). Any Additional Terms will be posted in connection with the applicable Painterly TV Services. Applicable Additional Terms are hereby incorporated into these Terms by reference. Where any direct conflict exists between these Terms and any Additional Terms, the Additional Terms will control, provided that our Privacy Policy will control over any contradictory Additional Terms or provisions of these Terms.

 

EACH TIME YOU ACCESS OR USE THE PAINTERLY TV SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT ON THE THEN-APPLICABLE TERMS. We may modify these Terms on a prospective basis at any time in our sole discretion and post the changes and such changes will be effective thirty (30) days following either our notification to you or our posting of the changes on the Painterly TV Services. Your continued access or use of the Painterly TV Services after we post changes to these Terms, will be deemed as irrevocable acceptance of these Terms as modified. You agree to be notified of changes to these Terms via postings of updates on the Painterly TV Services (or in any other reasonable manner of notice which we elect).

 

2. Eligibility, Registration and Accounts

 

This Painterly TV Service is for users who are over the age of 13 and reside in the United States (including its territories and possessions) or those outside the United States that consent to use the Painterly TV Services in accordance with U.S. laws, these Terms and the Privacy Policy. You may not access or use the Painterly TV Services if you are barred from receiving them under these Terms or the laws of the United States or any other applicable jurisdiction. By accessing or using the Painterly TV Services, you warrant that you have legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise legally able to bind yourself to these Terms) or you have obtained permission from your parent or guardian and otherwise meet the eligibility criteria set forth above. Some Painterly TV Services may have specific age requirements and you may not access any age-restricted Painterly TV Services unless you are of the required age.

 

When you agree to these Terms, register, or use our Site: (a) you represent and warrant that the registration information you provide is complete and accurate, (b) you consent to be bound by, and become a party to this agreement, and (c) you agree to keep your registration and payment information with us current.

 

You may be required to provide registration information in order to access the Painterly TV Services. You must provide correct, current and complete information. You are responsible for updating and maintaining the truth and accuracy of such information. You agree that we may take steps to verify the information you provide, including contact information for a parent or guardian.

 

The Painterly TV Services and any user names or passwords you use to access the Painterly TV Services (“Passwords”) are for individual use only. Your account is personal to you and you may not transfer it to nor share it with any other party. You are solely responsible for maintaining the security and confidentiality of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords or other security breaches. Although Painterly TV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Painterly TV or others due to such unauthorized use.

Excessive viewings or logins by any Member will be construed by Painterly as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Painterly TV reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Website is void where prohibited.

 

Content (as defined in Section 4 of this Agreement) on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Painterly TV. Painterly TV reserves all rights not expressly granted in and to the Website and the Content.

 

We have the right to suspend your account or change your user name for any reason, including due to a violation of these Terms.

 

3. The Painterly TV Services; Consent to Electronic Communications

 

The Painterly TV Services are intended to serve as an online learning environment through which registered users may subscribe to access courses of video lectures ("Courses") and associated study materials and background materials presented by Painterly TV instructors ("Instructors"). Users will also interact with Instructors and Painterly TV teaching assistants ("Teaching Assistants") through the Painterly TV Services. Painterly TV offers for sale through the Painterly TV Services certain products pertinent to the Courses (the terms applying to such pages are described below (Sale of Products by Painterly TV) below).

Users may also participate in sweepstakes, contests, and promotions, which may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.

 

The Painterly TV Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the Painterly TV Services at any time for any reason without notice or liability to you. You acknowledge that you have no expectation of continued availability of the Painterly TV Services. We have the right to suspend or terminate access to the Painterly TV Services and your accounts on the Painterly TV Services, including due to a violation of these Terms.

 

The Painterly TV Services may include sweepstakes, contests, and promotions, which may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.

 

By using the Painterly TV Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during registration, or posting communications on the Painterly TV Services and may include notices about your account (e.g., payment authorizations, changes in password or payment method, confirmation of e-mails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

 

4. Content

 

Painterly TV Services may include content and other materials supplied by Painterly TV and third parties (“Content”). As between us and you, we own all rights in the Painterly TV Services and Content. Nothing grants you any rights in the Painterly TV Services or Content except as set forth in these Terms, including applicable Additional Terms.

 

The availability of Content on the Painterly TV Services may change from time to time and from place to place. You consent to us and our third party providers determining your geographic location for purposes of providing the Painterly TV Services. Your location may not be accurately identified by our technology, so you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.

 

Some aspects of the display of Content (e.g., high definition for TV shows or movies, speed to initiate viewing) may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.

 

Streaming Painterly TV Services may be subject to a maximum number of simultaneous streams (as may be measured across all Content available on or through the Painterly TV Services) at any time, regardless of the number of devices that we permit you to use with the applicable Painterly TV Services. We may change the maximum number of simultaneous streams of Content at any time in our sole discretion. Some Content may be available for temporary download and offline viewing on certain supported devices (“Offline Content”). Limitations may apply to the Offline Content including how long the Offline Content will remain accessible and the maximum number of devices per account that can contain Offline Content. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, mobile device or any other device from which you access the Painterly TV Services, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

 

5. Medical Disclaimer

 

Before participating in any physical activities (“Courses”) through the Service, consult your physician to determine if such activity is appropriate for you. Painterly is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, techniques and instruction are not required to be performed by you and are carried out at your election while using the Service. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis.

 

By using the Service you represent that you understand that physical activity involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Painterly, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Painterly, or any person or entity involved with Painterly, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

 

6.Free Trial

 

We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). Painterly will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Painterly reserves the right to terminate any account that is using or trying to use more than one Free Trial.

 

7. Membership Billing

 

Memberships are billed monthly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Painterly will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.

 

8. Permitted Uses

 

We grant you a limited, non-exclusive, non-transferable license to access and use the Painterly TV Services solely for personal and non-commercial uses; provided that, if required, you have paid any applicable fees to enroll in any Course or to use the Painterly TV Services.

 

9. Paid Subscriptions and Credits

 

We provide some of the Painterly TV Services to you free of charge and other Painterly TV Services require payment. We may charge a fee for any portion of the Painterly TV Services. You must be at least 18 years old or have obtained permission from your parent or guardian in order to make any purchases of, on or through the Painterly TV Services. We will provide you with advance notice of all fees we charge and any changes to our fees. If you continue to use the Painterly TV Services after a fee has been imposed or increased, you agree to pay the fee or increase.

 

Some Painterly TV Services require paid subscriptions to access. If you sign up for a subscription, you agree that your subscription may be automatically renewed and, except as otherwise stated in applicable Subscription Agreement unless you cancel your subscription, you authorize us to charge your payment method for the next subscription period. If you terminate a subscription, you may be responsible for the full amount of the subscription payments for the subscription period in which your termination was effective.

 

When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. You must notify us of any changes to your payment information. We may use third party credit card updating services to obtain current expiration dates on credit cards.

 

If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to the Painterly TV Services.

 

When you purchase Painterly TV Services, you may be required to provide personal information to an independent third party payment processor, as further described in our Privacy Policy. If the payment processor is responsible for the treatment of your personal information, the collection, transmission and processing of your personal information will be governed by that payment processor’s privacy policy. We are not responsible for any damages relating to your placement of an order with a payment processor and, except as otherwise agreed, we will not provide refunds for such purchase. You are responsible for all such transactions and any associated charges. In addition, if a payment processor experiences a data breach that affects your information, we will not be responsible for such breach.

 

10. Prohibited Conduct

 

You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:

 

    is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    harasses or advocates harassment of another person;

    exploits people in a sexual or violent manner;

    contains nudity, violence, pornography, sexually explicit material or offensive subject matter;

    provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;

    promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

    involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

    contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

    furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

    solicits passwords or personal identifying information from other Members;

    involves commercial activities and/or sales without Painterly’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;

    includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;

    denigrates, ridicules, or demeans another person; or

    contains a virus or other harmful component.

 

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Painterly servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

 

11. User Content & Copyright Policy

 

You, and not Painterly, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Website. Painterly does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Painterly be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

12. Rejection/Removal of Content

 

You acknowledge that Painterly may or may not pre-screen Content posted on the Website, that Painterly is not responsible for behavior or comments of teachers and/or students and/or music on the Website, but that Painterly shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Painterly shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Painterly.

 

If you become aware of misuse of the Service by any person, please contact Painterly at info@Painterly.tv.

 

13. Infringement Policy

 

Painterly reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Painterly or of a third party, or otherwise violated any intellectual property laws or regulations. Painterly’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Painterly to delete, edit, or disable the material in question, you must provide Painterly with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; © identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Painterly to locate the material; (d) information reasonably sufficient to permit Painterly to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Painterly by e-mail with a return receipt acknowledgement.

 

14. Security Components

 

You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Painterly and/or content providers who provide content to Painterly. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.

 

15. Personal Information & Security

Preservation/Disclosure:

You acknowledge, consent and agree that Painterly may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; © respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Painterly, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.

 

16. Sale of Products by Painterly TV

 

The Painterly TV Services allows users who comply with the Terms of Use to buy certain goods from Painterly TV, either in conjunction with the purchase of a Course, or separately through the Painterly TV Store (“Supplies”) section of the Painterly TV Services. To order a product from Painterly TV, you will need to follow the ordering procedures set out on our order page. Details of our prices for the goods and the procedures for payment and delivery are displayed on the Painterly TV Services. Prices are subject to change without notice. Any times or dates stated by Painterly TV for delivery are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time. You must pay for items purchased from Painterly TV by credit card or by other methods specified on the Painterly TV Services from time to time. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes. We are entitled to refuse any order placed by you for any reason. If your order is accepted by Painterly TV, we will confirm acceptance to you by online electronic means to the e-mail address you have provided. You undertake that all details you provide to us for the purpose of purchasing goods from Painterly TV will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods. Painterly TV may at our discretion replace goods that you have purchased from us which are incorrect, damaged or defective, at no cost to you. Please go to Painterly TV Contact Us to give us a description of the problem with the goods. Once we receive the item and have validated the damage/defect, you will be refunded the price of the item as well as any applicable taxes and shipping costs. Refunds will be issued in the original form of payment used to purchase the item. Please note that in order to receive a refund for the shipping cost of the item, you must contact our customer service team before returning the item to us, and we must be able to validate the damage/defect/error. Painterly TV reserves the right to refuse any returns if they do not meet our return requirements.

 

17. Privacy Policy

 

Painterly respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Painterly’s Privacy Policy. A complete statement of the current privacy policy can be found in Painterly’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

 

18. Third Party Services & Material

 

Our Website contains Content of Painterly, and Content of third party licensors to Painterly (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Painterly owns and retains all rights, title and interest in the Painterly Content. Painterly hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Painterly Content and any third party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website or Service.

 

Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Painterly is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Painterly or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Painterly encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Painterly works to ensure the information on the Website is current and accurate, Painterly does not warrant the accuracy of any information contained on the Website (including information provided by instructors) for any particular purpose.

 

19. Intellectual Property Rights

License to Your Content:

By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website or the Service, you hereby grant to Painterly a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Painterly has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Painterly’s servers after the Content appears to have been removed from the Website, and Painterly retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Website or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

 

20. Disclaimer of Warranties

 

You agree that your use of the Website shall be at your sole risk. The Website and the materials are provided “AS IS” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Painterly, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Painterly makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any sites linked to this Website and assumes no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorized access to or use of Painterly secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.

 

Painterly does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Painterly will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. 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.

 

21. Indemnification

 

You agree to defend, indemnify and hold harmless Painterly, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.

 

22. Limitation on Liability

 

In no event shall Painterly, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorized access to or use of Painterly secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Painterly is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

You specifically acknowledge that Painterly shall not be liable for content posted by users 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.

 

Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by Painterly or any of its employees. Painterly is not responsible for any third party content on the Website or third party web page accessed from this Website, nor does Painterly warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.

 

No communication of any kind between you and Painterly or a representative of Painterly shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.

 

Painterly reserves the right to remove any material posted on the Website that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Website.

 

23. Wireless and Location-Based Features; Social Media Plug-ins

 

a. Wireless Features.

 

The Painterly TV Services may offer certain features and services that are available via your wireless device, such as the ability to access certain features, receive messages from the Painterly TV Services, upload content to the Painterly TV Services or download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features, certain Wireless Features may be incompatible with your carrier or wireless device and your carrier may charge you fees based on your use of the Wireless Features. We are not responsible for any charges from your carrier or other third parties.

 

If you register for any Wireless Features, you agree that (i) we may send communications to your device regarding us or other parties in connection with those Wireless Features and (ii) you will update your account on the Painterly TV Services to notify us of any changes to your wireless contact information (including phone number).

 

b. Location-Based Features

 

If you use Painterly TV Services on mobile devices (“Mobile Apps”) that are location-enabled, we may collect and process information about your actual location. Some Painterly TV Services and Mobile Apps may not function without access to location information. If GPS, geo-location or other location-based features on your device are enabled, your device location will be tracked and treated in accordance with our Privacy Policy. In addition our Mobile Apps may collect your device location information in order to provide requested location services and provide functions such as tagging or check-in at a location.

 

Some Mobile Apps or features allow you to disable location-based features or manage preferences related to them. You can also terminate device location tracking by us through Mobile Apps by uninstalling the applicable Mobile Apps. The location-based services offered in connection with our Mobile Apps or features are for individual use only and should not be used or relied on (i) as an emergency locator system, (ii) while operating a vehicle, (iii) in connection with any hazardous environments requiring fail-safe performance or (iv) in any other situation in which the failure or inaccuracy of the location-based services could lead to death, personal injury or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

 

c. Social Media Plug-Ins.

 

Some Painterly TV Services include integrated plug-ins of social networks such as Facebook and Twitter. These plug-ins are clearly marked (e.g., with a Facebook button). If you click on one of these buttons or links, your browser will connect directly to the servers of the relevant social network. If you are registered to the relevant social network and logged into your account, that social network receives the information that the web page was viewed by you. If you interact with a social network plug-in (e.g., you use the Facebook “Like” feature) or add a comment on the applicable Painterly TV Service, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit the Painterly TV Services, it is possible that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).

 

If you don’t want the social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit or use the Painterly TV Services. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser. See our Privacy Policy to find out more about how our Sites and plug-ins to social media networks may collect, use and disclose data regarding your use of the Painterly TV Services.

 

24. Third Party Services

 

You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet and wireless connectivity, mobile service, and other services needed for your access to and use off the Painterly TV Services, and you will be solely responsible for all charges related to them. You are also responsible for accepting and complying with all terms of the third parties who provide you with such equipment and services, as well as any other applicable third party terms of agreement, when using the Painterly TV Services. You acknowledge and agree that these third parties may prohibit or restrict certain Painterly TV Service features (and certain features may be incompatible with your carrier or device), impose additional fees, and that standard text messaging rates or other carrier charges may apply to your use of the Painterly TV Services, including, for example, when sending SMS messages or using VoIP functionality, if these functions are available within the Painterly TV Services. You should contact your carrier with any questions regarding these issues, such as whether any fees or charges will apply.

 

To the extent use of the Painterly TV Services, or certain features or services provided in the Painterly TV Service, may require authentication by your cable, satellite or wireline provider or multichannel video programming distributor through which you receive video programing services (“MVPD Provider”), then the authentication process and any information you provide in therewith is strictly between you and your MVPD Provider, and Painterly TV shall have no responsibility or liability with respect to such process. Any information you provide in connection with the authentication process shall be subject to the terms of use and privacy policies of your MVPD Provider, and Painterly TV is not responsible for examining or evaluating the MVPD Provider, its terms and conditions or any aspect of the authentication process. To the extent you have any questions or concerns with respect to the authentication process or other matters that relate to your MVPD Provider, please contact them directly.

 

For your convenience, the Painterly TV Services may include or provide links to websites, widgets, software or other utilities of other persons or entities (“Third-Party Services”) that may interact with the Painterly TV Services. Third-Party Services may import data related to your account and activity and otherwise gather data from you. Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. THE INCLUSION ON A PAINTERLY TV SERVICE OF A LINK TO OR OTHER INTEGRATION WITH A THIRD-PARTY SERVICE DOES NOT IMPLY AN ENDORSEMENT BY US. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY SERVICES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE THIRD PARTY SERVICES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY SERVICES.

24. Devices and Charges

 

We do not take responsibility for the performance of devices, including the ongoing compatibility of devices with Painterly TV Services. You are responsible for all devices and other equipment, software and services necessary for you to access and use the Painterly TV Services. By using Painterly TV Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to your device.

 

You are responsible for obtaining and maintaining all internet services, mobile service, and other services needed for your access to and use the Painterly TV Services. You are responsible for any charges incurred in obtaining access to the Painterly TV Services. Please check with your ISP for information on possible data usage charges.

 

25. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY

 

We make no warranties or representations as to Painterly TV Services (which, for purposes of this Section 25 only, shall include the Third Party Services) with respect to their accuracy, timeliness, reliability, completeness or otherwise. We cannot and do not guarantee any outcomes from your use of the Painterly TV Services and disclaim any liability in the event that any injuries or damages to property result from your attempt to use the skills learned or activities presented through the Painterly TV Services.

 

WE PROVIDE THE PAINTERLY TV SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,  WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INSTRUCTORS, TEACHING ASSISTANTS AND LICENSORS (COLLECTIVELY, THE “PAINTERLY TV PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPLE, AMAZON.COM, INC., GOOGLE, INC., MICROSOFT CORPORATION, SAMSUNG ELECTRONICS AMERICA, INC., OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU ACCESS AND/OR DOWNLOAD THE PAINTERLY TV SERVICES, THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE PAINTERLY SERVICES, OR ANY CONTENT OR FUNCTIONALITY IN THE PAINTERLY TV SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE PAINTERLY TV SERVICES.NONE OF THE PAINTERLY TV PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE PAINTERLY TV SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF PAINTERLY TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE PAINTERLY TV PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE PAINTERLY TV SERVICES. WITHOUT LIMITING THE FOREGOING, THE PAINTERLY TV PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE TERMSOR (2) CONTENT POSTED TO THE PAINTERLY TV SERVICES BY YOU OR ANY THIRD PARTY.

 

IN NO EVENT WILL THE PAINTERLY TV PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE PAINTERLY TV SERVICES OR THESE TERMS EXCEED  (A) THE AMOUNT (IF ANY) PAID BY YOU TO PAINTERLY TV IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

 

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE PAINTERLY TV PARTIES OR YOUR USE OF THE PAINTERLY TV SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE PAINTERLY TV SERVICES.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE PAINTERLY TV PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR OR COURT WITH APPLICABLE JURISDICTION IN ACCORDANCE WITTH THESE TERMS FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR OTHERWISE VIOLATE APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

 

26. Term and Termination

 

This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following billing cycle. You will not receive a refund for the current billing period.

 

Painterly reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Painterly believes that you have breached any of the terms of this Agreement, furnished Painterly with false or misleading information, or interfered with use of the Website or the Service by others.

 

When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.

 

27. Proprietary Rights

 

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Painterly or by third parties that have licensed or otherwise provided their material to Painterly. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Painterly’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

 

28. Non-commercial Use

 

The Service may not be used in connection with any commercial purposes, except as specifically approved by Painterly. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.

 

29. Other Sites

 

Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Painterly does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply Painterly’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.

 

30. International Use

 

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

31. Member Disputes

 

You are solely responsible for your interactions with other Members. Painterly reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.

 

32. Exclusions and Limitations

 

Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

 

33. Additional Terms

 

We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.

 

34. Modification and Discontinuation

 

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.

 

35. Waiver and Severability of Terms

 

The failure of Painterly to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

 

36. Statute of Limitations

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

37. Governing Law and Venue

 

This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Painterly that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in California.

 

You agree that: (a) the Website shall be deemed solely based in California; and (b) the Painterly Website shall be deemed a passive website that does not give rise to personal jurisdiction over Painterly, either specific or general, in jurisdictions other than California.

 

38. General

 

a.       Assignment:

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Painterly without restriction.

 

b.       Integration Clause

 

This Agreement together with the Privacy Policy and any other legal notices published by Painterly on the Website, shall constitute the entire agreement between you and Painterly concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and Painterly with respect to the Website and Service.

 

c.       Right to Amend Agreement

 

Painterly reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

 

d.       Ability to Accept Terms of Service

 

You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

 

39. Questions

 

If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail: info@painterly.tv