Contract with all Users of PaintboxTV®
1. THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE OR SUBSCRIBING TO BE A MEMBER OF PaintboxTV® OR REGISTERING FOR A WORKSHOP OR CLASS OR PURCHASING ANY PRODUCT OR SERVICE VIA THE PaintboxTV® WEB SITE. BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
2. BY USING PaintboxTV’S SERVICE AND ACCESSING THE PaintboxTV.com WEBSITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PaintboxTV®, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU FURTHER AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS PaintboxTV® MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
Contact Information. Address: PaintboxTV®, 1890 Bryant Street, Suite 306, San Francisco, CA 94110 Email: email@example.com Telephone: 415-641-1221
“Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
“Agreement” or “Terms” refers to these Terms and Conditions and any subsequent modifications.
“Content” means the videos, articles, sound files, downloadable files and other media available on the PaintboxTV.com website for PaintboxTV® Premium Members.
“Subscriber” refers to a Subscriber who purchases a Premium Membership of PaintboxTV®.
“User” refers to any party who Accesses the Site.
“Website” or “Site” refers to the website http://www.paintboxtv.com maintained on the World Wide Web.
“You” or “Your” refers to the User.
3. Modification of Terms. PaintboxTV® reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after PaintboxTV® gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
4. Limited License. PaintboxTV® hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in the PaintboxTV.com website according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms.
5. Fees; Renewal; Refund Policies. Monthly and Annual Subscribers (active PaintboxTV® Premium Members). Conditions of all purchases for products or services made via the PaintboxTV® Store.
A Subscriber has full access to Video Content via streaming (Annual Subscribers have access to some additional video downloads)
All Subscription plans, monthly or annual, have recurring billing.
The monthly and annual subscription plans automatically renew either monthly or yearly respectively, until cancelled by Subscriber
The monthly and annual subscription plans automatically renew on the same date of each corresponding month or year, respectively, or on the final date of the month if no corresponding date (e.g. February 29, 2012 subscription renews on February 28, 2013)
Subscribers can cancel their subscription at any time by logging in and choosing the link My Account. If a Subscriber cancels within a billing cycle, their membership stays active until the end of the billing cycle, and they will then not be billed for the following period.
Renewal fees charged in full on renewal date
All subscription fees are NON-REFUNDABLE, whether or not a user makes use of the subscription and accesses the site after subscribing;
Discounts, rebates, coupon codes or other special offers are only valid for initial term; subscriptions renew at the then-current full subscription rates
PaintboxTV® may increase subscription fees for a subsequent subscription period at any time and for any reason
PaintboxTV® may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information
Right of Access to the PaintboxTV.com website granted under these Terms is effective only upon payment of the subscription fees
All purchases, including all registrations for workshops and classes, are FINAL and are NON-REFUNDABLE. If a user changes their mind, or is for any reason unable to attend a class or workshop they registered for, and can give more the seven days notice before a class starts, then the value of the registration payment can be applied to a later class or workshop or any other product or service offered on PaintboxTV®.
6. Access to the PaintboxTV.com website; Modification of Content. PaintboxTV® strives to provide the PaintboxTV.com website to its Subscribers on a continuous basis. To that end, PaintboxTV® will take all commercially reasonable efforts to provide uninterrupted Access to the PaintboxTV.com website to its Subscribers. However, from time to time, Subscribers may be unable to Access the PaintboxTV.com website due to conditions beyond PaintboxTV’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, disk failures, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic, Internet downtime, programming errors, regular maintenance of the system, development work on improving the site and other related reasons. In response to any unavailability of the PaintboxTV.com website to its Subscribers, PaintboxTV® will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. PaintboxTV® endeavors to provide the highest quality content to its Subscribers. To that end, PaintboxTV® reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
7. Prohibited Conduct. User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”: RENT, LEND, LEASE, LICENSE, SUB-LICENSE, TRANSFER, DISTRIBUTE, RE-SELL, GIVE, GRANT OR ASSIGN ANY RIGHTS TO THE CONTENT ACCESSED ON OR DOWNLOADED FROM THE PaintboxTV.com WEBSITE, OR ANY ACCOMPANYING FILES OR MATERIALS, TO ANY THIRD PARTY, ANY BITTORRENT OR OTHER FILE SHARING SITE, TO ANY VIDEO SITE (YOUTUBE, VIMEO, ETC) OR TO ANY OTHER PERSON.
Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects PaintboxTV’s computers, servers or databases.
Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
Permit or provide others Access to the PaintboxTV.com website using Your user name and password or otherwise, or the name and password of another authorized User.
Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
Violate or attempt to violate PaintboxTV’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
Engage in any other conduct which violates the Copyright Act or other laws of the United States.
Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or PaintboxTV®.
Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by PaintboxTV®.
Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site, including any posts in the Community forum; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
Advertise or otherwise solicit funds, goods or services on the Site or in any of the Community forums.
Initiate any discussion in the Community forums about a product or service you have a financial interest in (though it is permitted to respond to posts pertaining to your product or service, providing basic information only).
Harvest information about other PaintboxTV members and/or sending them unsolicited sales emails or private messages with sales pitches.
Provide any commercial hosting service with Access to the Site and/or the content on the Site.
8. To ensure that Users of the Site do not engage in Prohibited Conduct, PaintboxTV® reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the PaintboxTV.com website to any person or entity whose use of the PaintboxTV.com website suggests Prohibited Conduct. Access of the materials available at the PaintboxTV.com website beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the PaintboxTV.com website and will result in revocation or denial of Access to the PaintboxTV.com website. The terms “normal patterns” and “abuse” shall be determined solely by PaintboxTV®. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
9. LIMITED WARRANTIES. PaintboxTV® PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. ALTHOUGH PaintboxTV® HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
10. DISCLAIMERS AND LIMITATION OF LIABILITY. USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. PaintboxTV® DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. PaintboxTV® DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL PaintboxTV® OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT PaintboxTV® RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE PaintboxTV.COM WEBSITE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL PaintboxTV® BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PaintboxTV® RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE PaintboxTV.COM WEBSITE, EVEN IF PaintboxTV® SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF PaintboxTV®, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. PaintboxTV® IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT SHALL PaintboxTV® BE LIABLE FOR ANY DAMAGES. PaintboxTV’S SOLE OBLIGATION WITH RESPECT TO CLAIMS OF NONCONFORMANCE WITH THE ABOVE WARRANTIES, OR LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THIS TRANSACTION, REGARDLESS OF THE FORM OR ANY CLAIM OR ACTION, SHALL BE LIMITED TO THE AMOUNT PaintboxTV® RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE PaintboxTV.COM WEBSITE. NO DEALER, AGENT, OR EMPLOYEE OF PaintboxTV IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. PaintboxTV® DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT PaintboxTV® RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
11. Third Party Content; Hyperlinks. You acknowledge that PaintboxTV® does not pre-screen third party materials. PaintboxTV® is not the publisher or author of any information on the Site that is provided by third party content providers, and PaintboxTV® is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and PaintboxTV’s use of the content constitutes neither an endorsement nor a recommendation by PaintboxTV® of the content. PaintboxTV® assumes no responsibility for third party products or services. PaintboxTV® may contain links and references to other third party websites and materials. PaintboxTV® does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. PaintboxTV® does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. PaintboxTV® may disable any hyperlink to the Site. PaintboxTV® has the right but not obligation to monitor third party websites and hyperlinks to the Site. PaintboxTV® MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, PaintboxTV® DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
12. Copyrights, Trademarks and Other Proprietary Rights. PaintboxTV® or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Jeremy Sutton (owner and founder of PaintboxTV®) , unless otherwise stated. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the PaintboxTV.com website may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of PaintboxTV®, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of PaintboxTV’s intellectual property except as set forth in Section 4. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to PaintboxTV®, You may forfeit Your intellectual property rights and moral rights contained in such communication or material. Artwork submitted for critique, or displayed or shared in the Community forum, remains the copyright of the artist who created it.
13. Indemnification. User agrees to defend, indemnify and otherwise hold harmless PaintboxTV® and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
14. Security; Authorized Use. Users are prohibited from violating or attempting to violate the security of the Site. PaintboxTV® has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. PaintboxTV® may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the PaintboxTV.com website. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password. You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms. You may not use the account, user name or password of someone else at any time. You agree to notify PaintboxTV® immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify PaintboxTV® immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. PaintboxTV® will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by PaintboxTV®, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password. PaintboxTV® will never ask You for Your password. If You need a new user name and/or password, PaintboxTV will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
15. Termination of Agreement. In addition to PaintboxTV’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. PaintboxTV® may also terminate Access to the PaintboxTV.com website or cancel subscriptions to the PaintboxTV.com website without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that PaintboxTV® deems inappropriate. In the event of termination of this Agreement, the provisions in this Agreement shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
17. Miscellaneous. These Terms constitute the entire agreement between PaintboxTV® and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between PaintboxTV® and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, PaintboxTV® may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. PaintboxTV’s remedies are cumulative and not exclusive. Failure of PaintboxTV® to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. PaintboxTV® makes no representation that the content of the Site is appropriate or available for use in all locations. PaintboxTV® operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms.
18. Governing Law; Dispute Resolution; Forum and Venue. These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and PaintboxTV® shall be finally resolved through binding arbitration in San Francisco, California. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
EFFECTIVE DATE: JANUARY 1, 2009
End User License Agreement
Applicable to all purchases of Jeremy Sutton’s educational products in the PaintboxTV® store.
THIS END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) APPLIES TO ALL EDUCATIONAL PRODUCTS (“LICENSED PRODUCT”) OBTAINED FROM JEREMY SUTTON, SUTTON STUDIOS & GALLERY, PaintboxTV® (“SUTTON STUDIOS”), OR THEIR LICENSED RESELLER. BY PAYING THE LICENSE FEE FOR LICENSING A SUTTON STUDIOS PRODUCT YOU ARE AGREEING TO THESE TERMS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS LICENSED PRODUCT. SUTTON STUDIOS IS WILLING TO LICENSE ITS EDUCATIONAL PRODUCT TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. SUTTON STUDIOS EXPRESSLY DOES NOT AGREE TO LICENSE THIS LICENSED PRODUCT TO YOU UNLESS YOU ASSENT TO THIS AGREEMENT. PURCHASING, RETAINING, USING THIS LICENSED PRODUCT INDICATES THAT YOU, AN INDIVIDUAL OR ENTITY INCLUDING EMPLOYEES, AGENTS AND REPRESENTATIVES, HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND ACKNOWLEDGES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST PROMPTLY CEASE USE OF THE LICENSED PRODUCT AND YOU MAY, WITHIN THIRTY (30) DAYS AFTER YOUR RECEIPT OF THIS LICENSED PRODUCT, RETURN THE UNUSED LICENSED PRODUCT AND ALL ACCOMPANYING ITEMS AND DOCUMENTATION TO SUTTON STUDIOS FOR A FULL REFUND OF THE LICENSE FEE PAID FOR THE LICENSED PRODUCT.
1. LICENSE. This End User License Agreement (“License Agreement”) governs the use of the contents of the product(s) provided to you by Sutton Studios & Gallery, or their licensed distributor. The contents are referred to as the “Licensed Product” or “Software.” The contents, some of which is for use with Corel Painter software, may include, though is not limited to, the following Materials: custom brush variants, typically comprising files with file format endings nib, stk, xml and jpg; custom brush categories, typically comprising a folder and jpg of the same name; custom color sets; custom palettes; custom nozzle libraries; custom paper libraries; custom pattern libraries; custom workspaces; QuickTime movies; DVD movies; printed materials; and tutorial images, comprising JPG, TIFF, PSD or RAW files. All rights to the Licensed Product, including but not limited to the Materials (“Materials”) comprising the Software, are proprietary; Sutton Studios & Gallery retains all copyrights. Sutton Studios & Gallery holds title to each copy of the Software. Sutton Studios & Gallery (“Licensor”) grants you, the licensed end user (“Licensee”) a single, non-exclusive, non-transferable license to use the Software subject to the terms and conditions of this License Agreement. You may use this Licensed Product on a single computer or terminal for perosnal use only. All rights not expressly granted to the Licensee or are expressly reserved by the Licensor. Nothing in this License Agreement grants or transfers to you or to any third party any ownership rights in the Licensed Product, including software and other intellectual property rights. Except as specifically set forth in this License Agreement, Sutton Studios owns and retains all right, title, and interest in the Licensed Product and any and all related materials.
2. RESTRICTIONS. You are NOT permitted to: i.) RENT, LEND, LEASE, LICENSE, SUB-LICENSE, TRANSFER, DISTRIBUTE, GRANT OR ASSIGN ANY RIGHTS TO THIS SOFTWARE, THE CONTENTS OF THE LICENSED PRODUCT, OR ANY ACCOMPANYING FILES OR MATERIALS, PRINTED OR DIGITAL, TO ANY THIRD PARTY OR ANY OTHER PERSON. ii.) Copy, download, upload, or otherwise reproduce or replicate the Licensed Product in any medium, including, without limitation, online transmissions, local area networks, wide area networks, intranets, extranets and the Internet, in any way, in whole or in part, except for the sole purpose of copying onto a single computer for a single user. You are prohibited from making another copy of the Licensed Product for any reason. iii.) Alter, modify or adapt the Licensed Product, including but not limited to reverse engineering, decompiling, or disassembling, or creating derivative works, any part of the Licensed Product or accompanying Materials, subject to applicable law. iv.) Use any of the Materials provided as part of the Licensed Product in a commercial product, or in an art contest entry, when the main character or principal value of the finished design is the Materials themselves. v.) Use any of the Materials provided as part of the Licensed Product in consumer merchandise, whether for wholesale or retail. Consumer merchandise includes, but is not limited to, fabrics, greeting cards, stationary, posters, wrapping and wallpaper, house wares, wearing apparel or gift items. vi.) Use any of the Materials provided as part of the Licensed Product, or the Licensed product itself, to enter into a competing business, whether directly or indirectly, or to create like or derivative products that substitute for or compete with Sutton Studios products. This restriction includes sub-licensing, re-selling, renting or distributing this Software, the Materials or any derivative works. vii.) Use the Materials in a logo, trademark or service mark. viii.) Alter, remove obscure or obstruct the display of any copyright, trademark, end user license agreement or other proprietary notice on or in the Licensed Product and associated Materials. If you have questions regarding use of this Licensed Product call Sutton Studios & Gallery at (415) 641-1221. THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE IN THE EVENT OF UNAUTHORIZED TRANSFER, DISTRIBUTION OR USE OF THIS SOFTWARE.
3. LIMITATION OF LIABILITY. THE LICENSED PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE. IN NO EVENT WILL SUTTON STUDIOS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES. SUTTON STUDIOS SOLE OBLIGATION WITH RESPECT TO CLAIMS OF NONCONFORMANCE WITH THE ABOVE WARRANTIES, OR LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THIS TRANSACTION, REGARDLESS OF THE FORM OR ANY CLAIM OR ACTION, SHALL BE LIMITED TO THE LICENSE FEES PAID FOR THE LICENSED PRODUCT.
4. This Agreement shall be governed by the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. THE LICENSEE ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. THE LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Class Registration Terms and Conditions
Applicable to all registrations for Jeremy Sutton’s workshops made through the PaintboxTV® store.
BY REGISTERING FOR A CLASS WITH JEREMY SUTTON, SUTTON STUDIOS & GALLERY (“SUTTON STUDIOS”), YOU (THE “STUDENT”) ARE AGREEING TO THESE TERMS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING. REGISTERING FOR A CLASS INDICATES THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS, UNDERSTAND THEM, AND ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT THE CLASS REGISTRATION.
1. WITHIN TEN (10) DAYS AFTER YOUR REGISTRATION IS SUBMITTED YOU MAY REQUEST SUTTON STUDIOS FOR A 65% REFUND. AFTER THAT TIME PERIOD, PAYMENTS FOR CLASSES ARE NON-REFUNDABLE.
If a student is unable to attend a class that they have registered for and cancels at least fourteen days prior to the first day of class, the class fee may be applied to another class taught by Jeremy within the following twelve months.
2. RESTRICTIONS. You are NOT permitted to
i.) Videotape or record the class.
ii.) RENT, LEND, LEASE, LICENSE, SUB-LICENSE, TRANSFER, DISTRIBUTE, GRANT OR ASSIGN ANY RIGHTS TO THE FILES, NOTES, WORKBOOK OR OTHER MATERIALS (”MATERIALS“) THAT YOU RECEIVE AS PART OF THE CLASS, PRINTED OR DIGITAL, TO ANY THIRD PARTY OR ANY OTHER PERSON.
iii.) Copy, download, upload, or otherwise reproduce or replicate the class notes in any medium, including, without limitation, online transmissions, local area networks, wide area networks, intranets, extranets and the Internet, in any way, in whole or in part.
iv.) Use any of the Materials provided as part of the class in a commercial product.
v.) Use any of the Materials provided as part of the class in merchandise, whether for wholesale or retail.
vi.) Use any of the Materials provided as part of the class, to enter into a competing business, whether directly or indirectly, or to create like or derivative products or services that substitute for or compete with Sutton Studios products or services. This restriction includes sub-licensing, re-selling, renting or distributing the Materials or any derivative works.
vii.) Use the Materials in a logo, trademark or service mark.
viii.) Alter, remove obscure or obstruct the display of any copyright, trademark, end user license agreement or other proprietary notice on or in the Materials.
You give permission for Jeremy Sutton to photograph or video you in the workshop, and permit Jeremy to use such photographs or video in any of his educational products and for class promotion. You give permission for jeremy to quote from the Evaluation Form you fill in at the end of class. The copyright for all original artwork created as part of this course remains with the artist who created the artwork, and the artist will always be acknowledged in any usage.
4. LIMITATION OF LIABILITY.
CLASSES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE. STUDENTS TAKE CLASSES AT THEIR OWN RISK AND UNDERSTAND THAT THEY ARE RESPONSIBLE FOR THEIR PROPERTY AND EQUIPMENT, AND FOR THEIR PERSONAL WELL BEING. IN NO EVENT WILL SUTTON STUDIOS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF ATTENDING THE CLASS OR FOLLOWING THE INSTRUCTIONS IN CLASS. IN NO EVENT SHALL SUTTON STUDIOS BE LIABLE FOR ANY DAMAGES. SUTTON STUDIOS’ SOLE OBLIGATION WITH RESPECT TO CLAIMS OF LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THIS TRANSACTION, REGARDLESS OF THE FORM OR ANY CLAIM OR ACTION, SHALL BE LIMITED TO THE REGISTRATION FEE PAID.
5. These terms and conditions shall be governed by the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision of these terms, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
THE STUDENT ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY ITS TERMS. THE STUDENT FURTHER AGREES THAT THESE TERMS AND CONDITIONS ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS BETWEEN STUDENT AND SUTTON STUDIOS, AND SUPERSEDE ANY PRIOR TERMS, ORAL OR WRITTEN.