PLEASE READ THESE TERMS OF USE & SERVICE CAREFULLY BEFORE USING THIS SITE.
This document describes the Terms of Use of the Old Masters Academy website and the Terms of Service provided by the Old Masters Academy (also referred to in these Terms as “we”, “our”, and “us”).
Terms of Use
The Old Masters Academy website and all site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between us and you, the Site visitor and/or member (“you”, “your”), with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement.
By using or attempting to use the Site, you certify that you are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately.
By using the Site, you agree to be bound by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (“Additional Terms”). The Site may also provide rules of participation (“Rules”) for certain activities and services including, without limitation, contests and sweepstakes, games, membership clubs and email. The Site’s Additional Terms, Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.
We reserve the right at any time to:
• Change the terms and conditions of this Agreement;
• Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
• Change any fees or charges for use of the Site.
Registration
Some areas of the Site may require you to be or become a registered member of the Site. When and if you register to become a member, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. Your user name and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for any and all activities (including purchases, as applicable) that are conducted through your account, and agree not to transfer or resell your use of or access to the Site to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem.
Code of Conduct
In connection with Submissions (as defined below) and your use of the Site, you agree that you will not (collectively, the “Codes of Conduct”):
• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
• Use the Site or Materials for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• Remove any copyright, trademark or other proprietary rights notices contained in the Site;
• “Frame” or “mirror” any part of the Site without our prior written authorization;
• Link to any page of or content on the Site other than the URL located at Site.
• Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserves the right to revoke these exceptions either generally or in specific cases;
• Harvest or collect information about Site visitors or members without their express consent;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Access, reload or “refresh” transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
• Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals; or
• Use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a presale or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from us, or from the fan club or other organization with whom we are working to enable such presale or offer) or if your participation in such presale or other offer is inconsistent with such presale’s or offer’s terms.
While using the Site, you agree to comply with all applicable laws, rules and regulations.
Ownership and Restrictions on Use
The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”), are intended to educate and inform you about the events, venues and other products and services offered or described on the Site. Subject to your compliance with the terms and conditions of this Agreement, you may only download one (1) copy of any Materials displayed on the Site, and you may use such downloaded Materials solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained therein. We cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. You may not engage in any unauthorized use, copying, or distribution of any of the Materials. For example, you may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose. You may not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. Modification or use of the Materials for any purpose other than as expressly authorized in this Agreement is a violation of our copyright and other proprietary rights, and is strictly prohibited.
The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, is owned and operated by us in conjunction with others pursuant to contractual arrangements, and will remain the property of us and its licensors and suppliers. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of us, our licensors and suppliers, and others. The Trademarks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us. Nothing contained on the Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark without the express written permission by us, our licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and we will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Making Purchases
If you wish to purchase products or services described on the Site (each such purchase, a “Transaction”), you will be asked by us or the third party provider of the product or service to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by us in the manner described in our Privacy Policy, which can be found at our Site, and which is hereby incorporated into this Agreement by this reference. You agree that all information that you provide us or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any Transaction.
Descriptions or images of, or references to, products or services on the Site do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to our refund and exchange policies then in effect.
Information Provided by Us
Although we strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although we endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
In addition, portions of the Materials have been contributed to the Site by various sources and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and we expressly disclaims any liability with respect to the foregoing.
Forums and Submissions
Please note that we and our designees host message boards, blog feeds and other forums found on the Site (collectively, the “Forums”), and you may have the ability to provide or upload to us creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “Submissions”). By sending or transmitting Submissions to us, or by posting such Submissions to any area of the Site, you grant us and our designees a perpetual, worldwide, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize each Submission, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in our sole discretion, in any way, in any and all media now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to you or any third party. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. If we do decide, in its sole discretion, to attribute a Submission to you, you hereby grant us the right to use your member name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name.
You further acknowledge that we (a) is under no obligation to post, display or otherwise use any Submission, and (b) has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that we receive directly or indirectly from the use or display of your Submission or otherwise from the exercise of our rights granted under this Agreement. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against us or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a Submission, or any derivative works thereof, infringe any of your rights as creator of the Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or “droit moral.”
Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of our community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect our opinion(s). We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. If notified by a user of a Submission that allegedly does not conform to this Agreement, We may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the Submission.
Subject to the rights and licenses you grant to us under this Agreement, you retain all rights to the ownership and use of your Submissions. By submitting a Submission you certify that either (i) you are eighteen (18) years old or are an emancipated minor and have the right to submit the Submission and grant the licenses provided hereunder, or (ii) you have obtained your parent’s or legal guardian’s express consent to submit the Submission and to grant the licenses provided hereunder.
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the Submissions and to grant the rights and licenses to us under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all Submissions in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of such person in the manner contemplated by the Site and this Agreement or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.
We have no obligation to monitor the Site, the Forums, or any Submissions that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the Submissions that you transmit or post; to alter or remove any such Submissions (including, without limitation, any posting to a Forum); to disclose such Submissions and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
Links
The Site contains links to other Internet websites, including affiliated websites which may or may not be owned or operated by us. We have not reviewed all of the websites that are linked to the Site, and we have no control over such sites. Unless otherwise explicitly stated, we are not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that we offer such links does not indicate any approval or endorsement of any material contained on any linked site. We are providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
YOU AGREE THAT YOUR USE OF OTHER INTERNET WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by us on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by us against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to us. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Access By Minors
We cannot prohibit minors from visiting this site. We must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such websites.
Access
The Site is available for visitors worldwide. We make no representation that Materials available on or through the Site are appropriate or available for use in all locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
Rules for Sweepstakes, Contests and Games
In addition to the terms and conditions of this Agreement, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy, which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control with respect to the particular Promotion.
Mobile Messaging
• Billing / Pricing: You will only receive our text alerts when you request them by entering a mobile promotion, which includes, without limitation, any contest, sweepstakes, or offer for products sponsored by us or its affiliates. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will us, its parent or corporate affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.
• Termination: You understand, acknowledge and agree that we may, at our sole discretion and without liability to you, terminate our offer of text alerts at any time without advance notice. We may provide notices of termination or changes in services on this website.
Termination
This Agreement shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Terms of Service
Introduction
Please read these Terms of Service (“Terms”) carefully. They contain the legal terms and conditions that govern your use of services provided to you by Old Masters Academy.
By using our website, you agree to be bound by Section I of these Terms (“General Terms”), which contains provisions applicable to all users of our Service, including visitors to the Old Masters Academy website (the “Site”). If you choose to register as a member of our Service or purchase products from us, you agree to be bound by, the additional terms set forth in Section II of these Terms (“Additional Terms”).
Section I: General Terms
Availability
This Service is provided by Old Masters Academy on an “AS IS” and “AS AVAILABLE” basis and we reserve the right to modify, suspend or discontinue the Service, in our sole discretion, at any time and without notice. You agree that Old Masters Academy is and will not be liable to you for any modification, suspension or discontinuance of the Service.
Privacy
Old Masters Academy has a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of Old Masters Academy’s privacy policy are incorporated into, and form a part of, these Terms.
Trademarks
All brand, product and service names used in this Service which identify Old Masters Academy or third parties and their products and services are proprietary marks of Old Masters Academy and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Old Masters Academy or any third party with respect to any such image, logo or name.
Old Masters Academy logos as well as design found on this site may be used publicly only with the written permission of Old Masters Academy.
Ownership of Materials
All materials on Old Masters Academy’s website are copyrighted and are protected under treaty provisions and world-wide copyright laws. Old Masters Academy’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Old Masters Academy’s written permission. Old Masters Academy does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
Copyright
Old Masters Academy is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Old Masters Academy or the appropriate owner of copyright in such works. You agree not to distribute any part of the Service in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit Content to this Site must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access the Site prior to that time if we believe that the alleged infringement has occurred.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Old Masters Academy website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our website without the prior express written permission of Old Masters Academy.
External Links
Old Masters Academy may provide links to third-party websites or resources. You acknowledge and agree that Old Masters Academy is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Old Masters Academy of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an “AS IS” basis without warranty of any kind. In no event shall Drawing Academy be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Old Masters Academy that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Old Masters Academy does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Old Masters Academy, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
Indemnification
You agree to indemnify, defend and hold us, our affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
Disclaimers
OLD MASTERS ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. DRAWING ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. OLD MASTERS ACADEMY MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT DRAWING ART ACADEMY IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, DRAWING ART ACADEMY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF DRAWING ART ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OLD MASTERS ACADEMY’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO OLD MASTERS ACADEMY PURSUANT TO THIS AGREEMENT.
Old Masters Academy does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an “as-is” and “as-available” basis. Old Masters Academy cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Old Masters Academy disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Old Masters Academy will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
Old Masters Academy makes no guarantee of any specific result from use of this Site or use of the Old Masters Academy service.
Old Masters Academy disclaims any and all liability for the acts, omissions and conduct of any third party users, Old Masters Academy users, advertisers and/or sponsors on the Site, in connection with the Old Masters Academy service or otherwise related to your use of the Site and/or the Old Masters Academy service. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Old Masters Academy at https://oldmasters.academy/contact. Old Masters Academy may investigate the claim and take appropriate action, in its sole discretion.
Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Old Masters Academy for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
General
These Terms constitute the entire agreement between Old Masters Academy and you with respect to your use of the Service. Old Masters Academy’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Old Masters Academy shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Old Masters Academy.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Old Masters Academy be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if Old Masters Academy has been advised of the possibility of such damages.
Disputes
This site is controlled and operated by Old Masters Academy from its offices in the United Kingdom. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed and construed by English law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this site, litigation must be brought in court in London, England without regard to its conflict of law provisions.
Indemnity
You agree to indemnify and hold Old Masters Academy, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
Section II: Additional Terms
Registration
To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
Password
When you register as a Old Masters Academy Course member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Old Masters Academy of any unauthorized use of your password.
Access to purchased products
The Old Masters Academy Class course offers a lifetime access to purchased products. The term “lifetime” is referred to the lifespan of the product.
Diploma of Excellence
Upon completing the course, but not earlier than in one months from the time of enrolling into the course, a course member will be entitled to receive the Old Masters Academy Diploma of Excellence in return for a written feedback about the course and at least two figurative artworks in digital formats – one before or at the beginning of the course and one after the course completion.
Membership Fees
The Old Masters Academy course membership fee is subject to change at the sole discretion of Old Masters Academy.
Cancellation of Membership
Member can cancel the Old Masters Academy membership. Membership cancellation terminates the access to the course video lessons and bonuses; however, it does not provide the refund.
Access Limitations
Old Masters Academy monitors the number of IPs member have used to login per day. There’s a limit to how many IP addresses member may login from. This limit can be changed by Old Masters Academy by its sole discretion at any time. These limits are imposed to avoid membership access abuse when members distribute their access details to any third parties.
Please let us know if you have a floating IP address; we will take of your case on an individual basis.
Suspension and Termination of Access and Membership
You agree that Old Masters Academy may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfil any order, or any part of any order or terminate your membership, in Old Masters Academy’s sole discretion, if you fail to comply with the Terms or applicable law.
Technical and Customer Support
We provide all necessary customer support. You can contact us with any technical issues regarding the Old Masters Academy service; we will be happy to help.
Product Purchases
From time to time, Old Masters Academy may make certain products available for purchase. All payments are to be made in US dollars and prices are subject to change at any time. Applicable sales taxes might be added to your order during the checkout process.
Please refer to the Old Masters Academy Sales and Refund Policy page for terms and conditions related to products purchases, membership cancelling and refunds.
