Terms & Conditions
The following Terms and Conditions are entered into by and between You ("Client" or "You") and Art Fluent, Inc.
Art Fluent, Inc. agrees to provide you with access to the Online Course entitled, "[Art Work Atelier]" ("Program").
By submitting payment and joining The Program, you signify your consent to this Agreement and the Terms & Conditions. If you do not agree to these Terms & Conditions, then please do not join.
NATURE OF THE RELATIONSHIP
Art Fluent, Inc. agrees only to provide the Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
In consideration of Your access to the Program, you agree to pay the following fee. You agree to make a single payment of $95, which shall be due and payable before you will be granted access to the Program.
Art Fluent, Inc. provides a money-back guarantee for the Program. That money-back guarantee is governed by the following terms.
We want you to be satisfied with your purchase, but we also know that your success will hinge on whether you put in the work necessary to succeed. We offer a money-back guarantee on the purchase of the Program, but you must demonstrate that you have attempted to complete and apply the lessons. To claim a refund, You must request your money back within ten (10) days of the purchase. You may request your money back by emailing [email protected]. That email must reference the Program, the date of purchase, the email and name associated with the purchase, and a written explanation of why this Program will not work for you. You must also demonstrate that you have attempted to implement the Program without success. You must email evidence that you worked through the lessons to meet this requirement by showing your completed worksheets.
Upon determining that you are entitled to a refund pursuant to this policy, Art Fluent, Inc. will promptly instruct its payment processor to issue the refund. Art Fluent, Inc. does not control its payment processor and will be unable to expedite any refunds.
As part of the Program, Art Fluent, Inc. shall provide the following to the Client.
Access To Program Area – Art Fluent, Inc. shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area for as long as the Program area exists. In the event that Art Fluent, Inc. intends to close the Program area, it shall provide clients with fourteen (14) days' notice and the ability to download the resources contained in the Program area.
Bonuses – From time to time, Art Fluent, Inc. will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.
OWNERSHIP OF ALL INTELLECTUAL PROPERTY
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of Art Fluent, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
Art Fluent, Inc.’s name, Art Fluent, Inc.’s logo, Art Fluent, Inc.’s slogan, and all related names, logos, Program and service names, designs, and slogans are trademarks of Art Fluent, Inc. or its affiliates or licensors. You must not use such marks without Art Fluent, Inc.’s prior written permission. All other names, logos, Program and service names, designs, and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You. As a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
Art Fluent, Inc.’s content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use. You will make no other use of the content without the express written permission of Art Fluent, Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Art Fluent, Inc. or our licensors except as expressly authorized herein.
You hereby agree that any infringement of Art Fluent, Inc.’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Art Fluent, Inc.’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Art Fluent, Inc. respects the privacy of its clients and will not disclose any information. You provide except as outlined in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Art Fluent, Inc.’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Art Fluent, Inc.’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than Art Fluent, Inc., its owners and employees, and other Program participants.
MODIFICATIONS TO THE PROGRAM
Art Fluent, Inc. reserves the right to modify, temporarily or permanently, the Program, with or without notice. You agree that Art Fluent, Inc. will not be liable to you or any third party for any modification, suspension, or discontinuance of the Product.
By participating in the Program, you accept personal responsibility for the results of your actions. You agree that Art Fluent, Inc. has not made any guarantees about the results of taking any action, whether recommended in the Program or not. Art Fluent, Inc. provides educational and informational resources intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Art Fluent, Inc.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of Art Fluent, Inc. or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking action or implementing any plans or policies suggested or recommended in the Program.
MATERIALS PROVIDED BY YOU DURING THE PROGRAM
Art Fluent, Inc. does not claim ownership of the information or materials. You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Art Fluent, Inc., our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, Art Fluent, Inc. has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. Art Fluent, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Art Fluent, Inc.’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
USE OF TESTIMONIALS
Art Fluent, Inc. follows the FTC's rules surrounding endorsements and testimonials. All endorsements or testimonials are received via text, audio, or video from a real person about their personal experience. Individual results may vary. Testimonials are not an indicator that you will have the same or similar results.
Art Fluent, Inc. makes no warranties regarding the performance or operation of the Program, including any technological aspects of the Program. Art Fluent, Inc. further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, Art Fluent, Inc. disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
You agree to absolve and do hereby absolve Art Fluent, Inc. of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of the use of the Program and/or any information and resources contained in the Program. You agree that the Art Fluent, Inc. shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for the use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. Art Fluent, Inc. and/or its suppliers may make improvements and/or changes in the Program at any time.
Art Fluent, Inc. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. Art Fluent, Inc. and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Art Fluent, Inc. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if Art Fluent, Inc. or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of relation to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts in Suffolk County, in the Commonwealth of Massachusetts.
You agree to indemnify, defend, and hold harmless Art Fluent, Inc., its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Art Fluent, Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Art Fluent, Inc. in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
Art Fluent, Inc. reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to Art Fluent, Inc. or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Art Fluent, Inc. reserves the right, in its sole discretion, to terminate your access to the Program at any time. Art Fluent, Inc. also reserves the right, in its sole discretion, to terminate your access to the Program without providing a refund if any content has been copied or used in an unauthorized manner. This includes copying the concept or creating a competing product using the information learned from the Program. Art Fluent, Inc. reserves the right to pursue damages for unauthorized use of the Program materials.
SHARING OF THE PROGRAM IS STRICTLY PROHIBITED
Sharing your digital download and information within the Program is strictly prohibited ad will result in your access being immediately revoked, and your payment will be forfeited. You shall be liable for any and all resulting damages to Art Fluent, Inc.
Art Fluent, Inc. respects your privacy and insists you agree to respect the privacy of Art Fluent, Inc. and all other users of the Program (“Participants”). Any confidential information (“Confidential Information”) shared by the Participants or any Art Fluent, Inc.’s representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, in private groups, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants. Both parties will keep Confidential Information in strictest of confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. You agree not to violate Art Fluent, Inc.’s publicity or privacy rights.
Furthermore, you will not reveal any information to a third party obtained in connection with these Terms. You shall promptly notify Art Fluent, Inc. in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification, or use. By purchasing the Program, you acknowledge and agree that if you violate or display any likelihood of violating this Agreement, Art Fluent, Inc. and other Participants will be entitled to equitable relief, including a decree of specific performance or injunctive relief to prohibit any such violations, to protect against the harm of such violations.
The Program you are purchasing includes materials protected by intellectual property laws, including but limited to written text, logos, photos, videos, music, art, design, and graphics. You may view, download, print, email, and use materials from the Program for your own personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute, create a derivative work, or otherwise use any material from the Program for commercial purposes. Any reproduction or unauthorized use of materials found in the Program shall constitute infringement. Your purchase grants you a single, limited, nonexclusive, non-transferable, non-sublicensable license to the specific materials you have purchased (including free and paid content) for the term set forth for the applicable Program herein. All content you obtain through the Program is the Property of Art Fluent, Inc., and your license only allows for personal and noncommercial use solely by you.
Art Fluent, Inc. and Art Work Atelier’s trademarks, including all federally registered trademarks and trade dress, may not be used in connection with any product or service that is not Art Fluent, Inc.’s in any manner likely to cause confusion among customers, or in any manner that disparages or discredits Art Fluent, Inc. From time to time, Art Fluent, Inc. will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise outlined in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Art Fluent, Inc. shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Art Fluent, Inc. including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to each Program participant upon the date the participant initially registers for the Program.
If you have any questions about the Terms and Conditions, please contact Art Fluent, Inc. by email at [email protected] or by mail:
Art Fluent, Inc.
1 Washington Mall #1218
Boston, MA 02108