Classical Art Online, Terms and Conditions of Use.
This is a contract. Be sure to read the terms carefully before accessing the site. By accessing the site you accept and agree to all of the covenants and conditions imposed in this agreement.
Access to and use of the Services, whether accessed with or without payment are subject to the terms and conditions of this Agreement. If you do not agree to these Terms, you may not Access this site.
Classical Art Online reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Classical Art Online 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.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- 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 Classical Art Online’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 Site using your account 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 Classical Art Online’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 Classical Art Online.
- 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 Classical Art Online.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; 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.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, Classical Art Online reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Site to any person or entity whose use of the Site suggests Prohibited Conduct.
Access of the materials available at the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in revocation or denial of Access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by Classical Art Online. 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.
30 DAY NOTICE POLICY
For various reasons Classical Art Online requires a 30 day notice for all cancellations. This is to ensure all students on the waiting list receive fair treatment and also provides the instructors at Classical Art Online with time to fill the student's slot in the training. All students are handled individually on Classical Art Online and the numbers are kept low to ensure "1 on 1" quality instruction. Instructors need to have warning and must be notified if a student wishes to leave. Students that want to terminate their training must give 30 days notice or be responsible for the following month of payment. (Example: If a student decides to terminate their training on the 20th of April then they will be billed for the full month of March). This policy may be enforced at the sole discretion of Classical Art Online.
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 (BEYOND THE WARRANTIES SET FORTH IN THIS AGREEMENT), 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. CLASSICAL ART ONLINE DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. CLASSICAL ART ONLINE 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 CLASSICAL ART ONLINE 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, 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 CLASSICAL ART ONLINE RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OVL AND OCL, 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 CLASSICAL ART ONLINE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT CLASSICAL ART ONLINE RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OVL AND OCL, EVEN IF CLASSICAL ART ONLINE 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 CLASSICAL ART ONLINE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. CLASSICAL ART ONLINE IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. NO DEALER, AGENT, OR EMPLOYEE OF CLASSICAL ART ONLINE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. CLASSICAL ART ONLINE DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT CLASSICAL ART ONLINE 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.
Copyrights, Trademarks, and Other Proprietary Rights
Classical Art Online 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 Classical Art Online. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Classical Art Online, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Classical Art Online’s intellectual property except as set forth in this agreement. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Classical Art Online, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
User agrees to defend, indemnify and otherwise hold harmless Classical Art Online 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.
Security and Authorized Use
Users are prohibited from violating or attempting to violate the security of the Site. Classical Art Online 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. Classical Art Online may suspend Your Access while it conducts an investigation. Users are required to enter a user account name and password to Access the Site. 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 account 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 account name or password of someone else at any time. You agree to notify Classical Art Online immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Classical Art Online immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Classical Art Online will not be liable for any loss that You incur as a result of someone else using Your user account name and password with or without Your knowledge. You may be held liable for any losses incurred by Classical Art Online, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user account name or password. Classical Art Online will never ask You for Your password. If You need a new user name and/or password, Classical Art Online will generate a new account user account name and password automatically through its computers and send it to Your e-mail or postal address.
Termination of Agreement
In addition to Classical Art Online’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Classical Art Online may also terminate Access to the Site or cancel subscriptions to the Site 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 Classical Art Online deems inappropriate. In the event of termination of this Agreement, the found in this agreement shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between Classical Art Online and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Classical Art Online 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, Classical Art Online may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Classical Art Online’s remedies are cumulative and not exclusive. Failure of Classical Art Online 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. Classical Art Online makes no representation that the content of the Site is appropriate or available for use in all locations. Classical Art Online 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. Classical Art Online cannot provide notifications via post, only e-mail.
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 Pennsylvania law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Classical Art Online shall be finally resolved through binding arbitration in York, Pennsylvania. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Pennsylvania Superior Court, County of York or the United States District Court for the Central District of Pennsylvania for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
We are committed to protecting your privacy and using any personal information you provide responsibly. We believe it is important for you to understand what information we collect from you, how it is used and who will have access to that information.
The information we receive depends on what you do when you visit our Sites. We do not collect or retain any personal information unless you choose to provide it to us. When you visit our Site, Classical Art Online. collects and stores non-personally identifiable information such as:
Name of the domain from which you access the Internet, Date and time you access our Site, and the Internet address of the website from which you linked to our Site.
Classical Art Online may also use your information if you opt to receive information about Classical Art Online. We use this information to track the number of visitors to the different pages of our Site as well as make our Site more convenient to users.
In addition to providing this information, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protection for these electronic communications that we employ in the maintenance of information received by mail and telephone. In order to improve our services and ensure that our services are used in the manner intended, we monitor use of and access to the services.
If you choose to use our Sites you may be required to provide personal information and authorization. Specifically, you may be asked to provide the following information:
- Mailing address
- Email address
- Credit card number
- Home and business phone and/or fax numbers
- Other personal information
We may disclose your personal information for the following purposes:
- To our Classical Art Online team to provide services to you;
- To protect the Site and our rights; to protect ourselves against liability or prevent fraudulent activity; or where it is necessary to permit us to pursue available remedies or limit any damages that we may sustain;
- If required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with the rules or court relating to the production of records; and
- If we believe in good faith that a law, regulation, rule or guideline requires it.
To prevent unauthorized use, maintain data accuracy and ensure the appropriate use of information, Classical Art Online has put in place appropriate physical, electronic and administrative procedures to safeguard and secure information collected online.
All questions and concerns about your privacy can be sent to firstname.lastname@example.org
FIGURE MODEL DRAWING AGREEMENT
By clicking on the “accept” button below I agree I wish to participate in a Classical Art Online Arts School (“Classical Art Online” figure drawing class (“Class”) and to view certain videos and images of models and hereby agree to the following (“Release”):
- I am aware and understand that the videos and images of models may contain nudity or partial nudity.
- Intellectual Property. I understand and agree that Classical Art Online owns all right, title and interest in and to the proprietary materials, videos and images used for the Class. (“Intellectual Property”).
- I am participating in the Class to study human proportions and measurements. In consideration of the right and opportunity to participate in the Class, I agree I will not share any of the Intellectual Property with third parties over any type of medium including any manner intended to allow or invite a third party to download, extract, redistribute or access the Intellectual Property.
- I understand that pornographic, defamatory or otherwise unlawful use of Intellectual Property is strictly prohibited, whether directly or in context or juxtaposition with other material or subject matter.
- I have no rights to use, distribute, exhibit, broadcast, exploit, advertise, publicize, and promote any of the Intellectual Property. I represent and warrant to Classical Art Online that I have not made any contract or commitment in conflict with this grant.
- Any use of Intellectual Property in a manner not expressly authorized by this Agreement constitutes copyright infringement, entitling Classical Art Online to exercise all rights and remedies available to it under copyright laws around the world. I understand I shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to Classical Art Onlines’ other remedies under this Agreement, Classical Art Online reserves the right to charge and I agree to pay a fee equal to up to five (5) times Classical Art Onlines standard license fee for the unauthorized use of the Intellectual Property or $100,000 whatever is greater.
- I am legally competent to sign this Release or my parent or guardian has also read and signed this Release.
I HAVE CAREFULLY READ THE ABOVE AND FULLY UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL. A PARENT OR GUARDIAN SIGNATURE IS REQUIRED IF PARTICIPANT IS A MINOR.
By paying you are agreeing to the terms and agreements listed above.