Terms and Conditions

Terms and Conditions of Tucson Art Academy LLC Online Courses & Videos
Last update on May 23, 2018

NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products. These Terms and Conditions of Use apply to all Tucson Art Academy LLC Online Courses & Videos.

Terms of this Course and Course Purchaser Agreement

All programs, products, courses or services are owned and provided by Tucson Art Academy LLC (“Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of said program(s), product(s), course(s), or service(s) (the “Course”). These Terms and Conditions of Use (“Terms”) govern and define how you are allowed to use and access Company’s Course. We reserve the right to update and change these Terms at any time, and will update them accordingly with the ‘date last updated’ at the top of this page. 

You are legally bound to these Terms whether or not you have read them. If you do not agree with any of our Terms, please email us at questions@tucsonartacademyonline.co nd we will make reasonable efforts to remove your name, email and access to our Course and website(s). 

Your Course Use and Consent

When you purchased a Course from us, you were given a reasonable notice that these Terms existed. By moving forward with your purchase of the Course and further access of the Course, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms. You agree you are at least 18 years old or of legal age in your applicable jurisdiction to access the Course. Access of our Course(s) and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered. We will not share your information with any third party, other than as necessary to fulfill a request submitted by you. Unless you ask us not to, we may contact you via email in the future to tell you about updates or changes to products, or changes to our policies. You may opt out of any future contacts from us at any time. You may change/correct any data we have about you at any time by contacting us at questions@tucsonartacademyonline.co.


License(s)

Limited License. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Course, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Course, including any courses purchased by you. Your purchase of any Course only entitles you to view that Course in accordance with the foregoing License, and is not a purchase of the software or content constituting or included in the Course. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Course(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Course for your individual use, provided that you keep intact all copyright and other proprietary notices. The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void. We reserve the right to terminate your access to the Course at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to Violate the Terms, we will terminate your access to the Course with no refund of fees.  


Fees and Refunds

Fees. Fees for Courses and Downloadable/Streaming Videos are set forth on the Website. We reserve the right to change Fees at any time.  Refunds. We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the techniques in the Courses or Videos. In order to qualify for a refund you must submit a request and state a reason why a course or video purchase didn't work for you. In this event please contact our support team at questions@tucsonartacademyonline.com and let us know you’d like a refund. All refunds are discretionary as determined by Tucson Art Academy, LLC.  If you have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout.  Late Payments. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. Chargebacks. You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, or other materials afforded to you in exchange for your original purchase of our Course or Video. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute. 

Termination

You have the unilateral right to terminate your use and access to any of our Course(s) or Video(s). Please send an email to questions@tucsonartacademyonline.com to initiate this process. Termination will not excuse you of further payment dues. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. You agree to be responsible for any additional charges, fees or costs associated with such a termination.

Intellectual Property

All images, text, graphics, videos, logos, taglines, trademarks and service marks are owned by and the property of Tucson Art Academy LLC or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in our Course(s) or Video(s) is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may: 
Access our Course(s) or Video(s) for your individual use and download and/or stream the content for your individual use. Use of our trademarks and copyrighted materials without a prior written consent and proper credit and marking, namely, citing ©Tucson Art Academy LLC as the source of the materials and marking is illegal and may be prosecuted to the fullest extent permissible should we choose to do so.

You may not: 
Re-sell or trade your access to our Course(s) or Video(s).
Share the Course(s) or Video(s) with anyone else who has not yet purchased it or opted to receive it; 
Republish any of the Course(s) or Video(s), in part or in whole; 
Distribute any of the materials contained in the Course(s) or Video(s) or related materials and/or communications as your own; 
Reproduce and alter any part or whole of the Course(s) or Video(s) for distribution as your own work; 
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Course (and its related communications and materials); Use our Course or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s). 

Request for Permission to Use Content. If you wish to use, publish or refer to any of our content, Course(s) or Video(s) or related materials, you must do so by requesting permission prior to commencing use by emailing us at questions@tucsonartacademyonline.com. Permission is not granted until you receive such permission in writing.

Civil and Criminal Penalties. Even though our Course(s) or Video(s) are not physical property, you can be charged with theft or other face civil or criminal penalties if you copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Arizona by opting into or purchasing any Course(s) or Video(s) or accessing its related communications and/or materials. 

Your Materials and Contributions. By submitting a comment or photo of your painting, or other material(s) onto or platform owned or maintained by us you agree we will not republish your submission in whole or in part unless you give us written permission. You have right to privacy by accessing our Course(s) or Video(s) or related materials, and we reserve the right to not disclose your participation in the same. 

Photo Release. Notification of Use. You must own the copyright to any image(s) you use in our Course(s) or related materials, such as, but not limited to, a Facebook profile photo or painting you voluntarily provide through accessing the Course(s) content. The release of your image and likeness may not be used unless you give us written permission to distribute.

Security and Assumption of Risk

Security. It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. You agree to be responsible for the security of your password. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe or Paypal. By utilizing these payment processors to gain access to the Course(s) or Video(s), you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use. 

Confidentiality. You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent image agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. 

Assumption of Risk. By accessing our Course(s) or Video(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you. 

Visitors' GDPR Rights. We will retain the information you choose to provide to us unless you request us to delete the information. You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data. You have the right to seek restrictions on the processing of your data. You have the right to object to the processing of your data and the right to the portability of your data. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us. If you are within the European Union, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information where it is technically possible. Again, you can exercise these rights by contacting us using the contact details at the bottom of this page.


Disclaimers

General Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Course(s) or Video(s). Our Course(s) or Video(s) are for educational and entertainment purposes only. 

Earning Disclaimer. While we may reference certain results, outcomes or situations on our products and website or related email communications, you understand and acknowledge that we make no guarantee as to the success an individual may achieve by consuming this information. You agree that you understand that individual outcomes will vary. We cannot guarantee your success merely upon access, purchase or completion of our Course(s) or Video(s). Any results you see are completely voluntary on your behalf.

Third Party Disclaimer. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Course(s) or Video(s), including you. 

Technology Disclaimer. We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Course(s) or Video(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable effort to support you, some technological issues are far outside of our control and will require us to access support from a third party providers, such as Kajabi and Gumroad where We host our Course(s) and/or Video(s).

Errors and Omissions. This website is updated on a regular basis, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials contained herein are entirely accurate, complete or up-to-date. If you should see any errors or omissions and would like to let us know, please notify us at questions@tucsonartacademyonline.com.

All Rights Reserved. All rights not expressly granted in these Terms and Conditions of Use or express written here are reserved by the Company. 

Contact. We welcome your questions or comments regarding our Terms of Use, please contact us at: questions@tucsonartacademyonline.com or Tucson Art Academy, LLC - PO Box 30941 - Tucson, AZ 85751