The Art of Miniatures School

Hobbyists, Collectors, Artisans & Artists

Terms of use

Effective Date: Jan 1, 2024
Last Updated: Jan 1, 2024

 

 

  1. INTRODUCTION

1.1. WELCOME TO THE ART OF MINIATURES SCHOOL

The Art of Miniatures School (“The Art of Miniatures School”“Company”“we” or “us”) provides its Services (as described below) to you through its website located at https://theartofminiatures.com/ and through its mobile applications and other interactive properties owned and operated by The Art of Miniatures School (collectively, the “Site”), subject to the following Terms of Use.

The Site is an online community for creative professionals. The Site enables users to access and/or purchase courses made available on the Site, post photographs, images and videos, share comments, opinions and ideas, promote their work and participate in contests and promotions (collectively, such services, including any new features and applications, and the Site, the “Services”). Services include, but are not limited to, any service and/or content The Art of Miniatures School makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site.

1.2. ACCEPTANCE OF TERMS OF USE

These terms of use are entered into by and between you and The Art of Miniatures School. The following terms and conditions, together with any documents that are expressly incorporate by reference (collectively “Terms of Use”), govern your access to and use of the Services, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By using the Services and accessing the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://theartofminiatures.com/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Use or Privacy Policy, promptly exit this page without accessing or using any of the Services. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. If you are using the Services on behalf of a business, that business also accepts these Terms of Use.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

1.3. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. If we change these Terms of Use, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons which will be effective immediately.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  1. ACCESSING THE SERVICES AND ACCOUNT SECURITY

2.1. ACCESS TO THE SERVICES

The Art of Miniatures School reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that The Art of Miniatures School will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Services are accessible worldwide, but this does not mean all Services or service features are available in your country, or that User Contributions (as defined below) available via the Services are legal in your country. The Art of Miniatures School may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you live. Services are not available in all languages.

Services are available only to users above 18 years old; however, if you are younger than the required age for consent to use online services where you live, you shall not use the Services but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you must not access the Services. If we discover that you have created an account that violates these rules, we will terminate your account.

2.2. REGISTRATION

To access the Site or some of the Services it offers, you may be asked to provide certain registration details or other information. You agree to: (a) provide true, accurate, current and complete information about yourself in the registration form and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if The Art of Miniatures School has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Art of Miniatures School has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

2.3. ACCOUNT SECURITY

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. It is your responsibility to keep your login credentials secure and you are solely responsible for all activities that occur via your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The Art of Miniatures School will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

  1. USER CONDUCT

3.1. USE OF THE SERVICE

The Site and the Service is solely for your personal and non-commercial use. Unless otherwise expressly authorized in writing by The Art of Miniatures School, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

The Service should not be used or relied upon for storage of your photographs, images, videos, sounds or any other content you uploaded, and you shall retain your own copies of all content posted on the Site. We have no obligation to retain any of your content for any period of time beyond what may be required by applicable law.

3.2. PROHIBITED USES

You hereby agree not to use the Services for any purposes that are unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by The Art of Miniatures School. Solely as an example, without limitation you agree not to use the Services:

  • In a way that violates any applicable local, state, national or international law or regulation.
  • To (or attempting to) abuse, harm, harass, threaten, impersonate or intimidate any person.
  • To send, knowingly receive, upload, post, download, use or re-use any material or content that (i) contain any material which is unlawful, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any person or entity; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise may be in conflict with these Terms of Use; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxety or be likely to upset, embarrass, alarm or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (x) give the impression that they emanate from or are endorsed by The Art of Miniatures School or any other person or entity, if this is not the case.
  • To transmit, or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
  • To impersonate or attempt to impersonate The Art of Miniatures School, a The Art of Miniatures School employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or otherwise misrepresent your affiliation with a person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm The Art of Miniatures School or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Bypass any measures we may use to prevent or restrict access to the Services.
  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Obtain or attempt to obtain or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, any server, computer or database connected to the Services or to private accounts of other users.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

The Art of Miniatures School shall have the right to remove any content that violates the Terms of Use or is otherwise objectionable.

If you suspect there has been a breach of these Terms of Use (other than relating to copyright infringement notices, as described below) please contact us through info@theartofminiatures.com

  1. DISPUTES BETWEEN USERS

You agree that you are solely responsible for your interactions with any other user in connection with the Service and The Art of Miniatures School will have no liability or responsibility with respect thereto. The Art of Miniatures School reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

  1. INTELLECTUAL PROPERTY

5.1. THE ART OF MINIATURES SCHOOL’S INTELLECTUAL PROPERTY RIGHTS

The Services and related content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by The Art of Miniatures School, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. When accessing the Services and/or when purchasing a course we grant you a limited, non-exclusive, non-transferable, license to access the The Art of Miniatures School content and view (a) course(s) through the Services on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by The Art of Miniatures School. The Art of Miniatures School may revoke your license at any time at its sole discretion. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services.

The Art of Miniatures School’s name, The Art of Miniatures School’s logo and all related names, logos, product and service names, designs and slogans are trademarks of The Art of Miniatures School or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.

You must not delete or alter any copyright, trademark or other proprietary rights notices from any materials on the Site.

Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5.2. USER CONTRIBUTIONS

You retain all rights and ownership of your photographs, images, videos, sounds or any other content or material you upload through the Services or share with other users or recipients (collectively, “User Contributions”). The Art of Miniatures School does not claim any ownership rights in your User Contributions. However, by providing or uploading any User Contributions you hereby grant and will grant to The Art of Miniatures School, its affiliates and service providers (and each of their respective licensees, successors and assigns) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, reproduce, upload, store, distribute (through multiple tiers of distribution and partnerships), modify, adapt, publicly perform, publicly display, publish, and otherwise use and fully exploit your User Contributions in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). The Art of Miniatures School will always give you proper credit when using your User Contributions. In addition, by submitting your User Contributions you grant other The Art of Miniatures School users, visitors and teachers the right to share your User Contributions via social media platforms integrated with The Art of Miniatures School (such as Instagram, Pinterest, Facebook or Twitter). You may terminate this license at any time by removing your User Contributions from the Services. If you delete such content, The Art of Miniatures School will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the content may not be immediately unavailable.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to The Art of Miniatures School and its affiliates and service providers (and each of their respective licensees, successors and assigns) and other The Art of Miniatures School users, visitors and teachers are non-confidential and said parties will be entitled to the unrestricted, perpetual use and dissemination of these Submissions for any purpose, commercial or otherwise, in any way, in any media without acknowledgment or compensation to you.

You represent and warrant that: (i) You own or control all rights, title and interest in and to the User Contributions and have the right to grant the licenses granted above; and (ii) All of your User Contributions and Submissions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for all User Contributions and Submissions you submit or contribute, and you, not The Art of Miniatures School, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

The Art of Miniatures School is not responsible, or liable to any third party, for the content or accuracy of any User Contributions or Submissions posted by you or any other user of the Services (including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content). Without limiting the foregoing, The Art of Miniatures School and its designees will have the right to remove any content that violates these Terms of Use or is deemed by The Art of Miniatures School, in its sole discretion, to be otherwise objectionable.

We have no obligation to retain any of your User Contribution for any period of time beyond what may be required by applicable law.

You also understand and acknowledge that your User Contributions posted on the Services can be unlawfully copied by third parties without your or our consent, despite reasonable efforts by us to prevent such unlawful activity, You agree and understand that The Art of Miniatures School shall not be liable to you for any such unlawful copying of your User Contributions.

5.3. COPYRIGHT COMPLAINTS AND COUNTER-NOTICES

The Art of Miniatures School respects the intellectual property of others, and we ask our users to do the same. We have adopted the following policy toward copyright infringement related to the Services in accordance with the Digital Millennium Copyright Act (“DMCA”).

If you believe in good faith the Site is hosting content that infringes your copyright, please let us know by submitting a notice to our Copyright Agent via email at info@theartofminiatures.com. Your notice must contain ALL of the following:

  1. Identification of the copyrighted work(s) claimed to have been infringed.
  2. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (i.e., URL address).
  3. Contact information so that we can reach you (address, telephone number and email address).
  4. A statement by you that you have 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.
  5. A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Before you file an infringement notice, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. Please also check to make sure you haven’t authorized the use at issue (for example, whether you have given a creative professional who prepared materials for your company the right to use those materials as examples of his or her past work). If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. You may also wish to consult publicly available reference materials such as those found at the U.S. Copyright website www.copyright.gov or at the Lumen database website www.lumendatabase.org.

The Art of Miniatures School will respond to valid DMCA requests in an expeditious manner. In all cases, if you do not hear from us within 14 days of submitting a complaint, please contact us at the info@theartofminiatures.com and we will respond as soon as possible.

After removing access to the material pursuant to a valid DMCA notice, The Art of Miniatures School will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. The Art of Miniatures School reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.

If you believe access to your content was disabled or removed by The Art of Miniatures School as a result of an improper copyright infringement notice, please send our Copyright Agent (contact information above) a written counter‐notice that contains all of the following:

  1. A description of the work improperly removed, along with your user name and the location in the Site at which the content appeared before it was removed or disabled.
  2. Contact information so that we can reach you (address, telephone number and email address).
  3. A statement under penalty of perjury, signed by you, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

Before you file a counter-notice, please carefully consider whether or not your use of the copyrighted material at issue is infringing, as you could be liable for costs.

Upon receipt of a valid counter-notification, The Art of Miniatures School will forward it to the notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If The Art of Miniatures School does not receive any such notification within ten (10) days, we may restore the material to the Services.

  1. MONITORING AND ENFORCEMENT; TERMINATION

The Art of Miniatures School has the right to:

  • Remove any User Contributions or Submissions for any or no reason, in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create any liability for The Art of Miniatures School.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, (i) any violation of these Terms of Use, (ii) if you fail to pay any fees that you owe, (iii) if you file or submit fraudulent chargebacks requests, (iv) if we suspect that you engage in fraudulent or illegal activities, or (v) for any other reason in our reasonable sole discretion.

You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that The Art of Miniatures School may immediately deactivate or delete your account and all related information and files in your account and/or ban any further access to such files or the Service. Further, you agree that The Art of Miniatures School will not be liable to you or any third party for any termination of your access to the Service.

  1. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

  1. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  1. RELIANCE ON INFORMATION POSTED

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. The Art of Miniatures School has not reviewed, and cannot review, all of the material posted to the Services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The Art of Miniatures School, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Art of Miniatures School. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send e-mails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

Please remember that the manner in which social media services use, store and disclose your information is governed solely by the policies of such third parties, and The Art of Miniatures School shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, The Art of Miniatures School is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social media services. As such, The Art of Miniatures School is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social media services. The Art of Miniatures School enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

You agree to immediately cooperate with us to cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

  1. LINKS FROM THE SERVICES

If we or third parties provide links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The Art of Miniatures School reserves the right to remove any link made available by third parties in the Services.

  1. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products
are subject to change.

  1. FEES

The Art of Miniatures School offers online courses and other Services (such as subscriptions plans) for a fee. In subscriptions plans you agree to pay the fees for content that you purchase, and you authorize The Art of Miniatures School to charge you for the Services with your selected payment method. The fees will be charged whether you use the purchased Services or not. You are responsible for paying all fees charged by The Art of Miniatures School and any applicable taxes in a timely manner. We reserve the right to disable or remove access to any content for which we have not received adequate payment.

We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content.

You shall provide The Art of Miniatures School information regarding your credit card or other payment instrument. Your represent and warrant that (a) such information is true, accurate, current and complete and that you are authorized to use this payment instrument and (b) you shall maintain and promptly update such information to keep it true, accurate, current and complete. You agree that The Art of Miniatures School may update your payment methods using information provided to us by our payment service providers and you authorize us to continue to charge the then-applicable fees to your updated payment method.

The Art of Miniatures School reserves the right, at any time, to change any fees or to start charging for any free Service at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to the time of the change).

Additional terms for our subscriptions plans are set forth in Section 13.

  1. REFUNDS

Please note that our refund policy differs between one-time payments for courses/workshops/seminars/webinars/e-books and subscription plans (please refer to Section 15 for subscriptions plans).

Since we are an online school, our courses/workshops/seminars/webinars/e-books are accessible online and can be consumed immediately after purchase. So you agree to the immediate supply of digital content and, therefore, you lose your right to withdraw for it and we cannot accept returns.

The scheduled online courses/workshops/seminars/webinars/e-books are made to order and tailored in any case, and the work on their customization begins at the time of purchase, so due to the personalized processing of the order you lose your Right of Withdrawal and we cannot accept returns.

We recommend that you ask as many questions you may have before purchasing your kit or course. And if you are not completely sure if the course is for you, do not continue with your purchase.

We trust 100% in all our courses/workshops/seminars/webinars/e-books since we prepare and review each one personally and carefully to provide you with a first-class experience with us and exceed your expectations with any of them. However, please contact us if you have any problem with your purchase.

  1. SUBSCRIPTION TERMS

This section covers additional terms that apply to your use of any subscription plan that The Art of Miniatures School may offer with respect to our Services. By using a subscription plan, you agree to the additional terms in this section.

  • Subscription plan:During your subscription to a subscription plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that subscription plan via the Services. The subscription that you purchase or renew determines the scope, features, term and price of your access to that subscription plan. You may not transfer, assign, or share your subscription with anyone else. Your subscription plan will be valid for the agreed term and then will be automatically renewed according to your subscription settings (e.g. monthly, quarterly or annually) unless you cancel your subscription with prior notice to the end of your subscription plan term.
  • Fees and payments:The subscription fee will be listed at the time of your purchase. You shall pay the fee using the offered payment methods provided by The Art of Miniatures School for any subscription plans. If you select Services with an automatic renewal feature, you authorize The Art of Miniatures School to maintain your account information and charge that account automatically upon the renewal of the Services you choose with no further action required by you. In the event that The Art of Miniatures School is unable to charge your account as authorized by you when you enrolled in Services with an auto renewal feature, The Art of Miniatures School shall suspend your access to such Services until payment is received. Payment for months in arrears does not give the right to receive content broadcast during unpaid months.
  • Cancellation and refunds:You can cancel your subscription plan at any time before the end of the current subscription period or free trial. Cancellation will only take effect at the end of your current subscription period (or end of your free trial) and you will continue to have access to the subscription services until the end of your current subscription period. While your subscription will not be renewed, we will not refund any subscription fees previously paid to us. As you can immediately enjoy our Services after signing up, The Art of Miniatures School does not offer a right of withdrawal for our subscriptions plans. You acknowledge that when you sign up to a subscription plan, you agree to the immediate supply of digital content and, therefore, you lose your right to withdraw from the subscription plan.
  1. GIFT CARDS

The Art of Miniatures School or our partners may offer gift cards that can be used to purchase our eligible courses subject to the terms included in your gift card. You must create or have an existing and valid The Art of Miniatures School account to redeem a gift card.

Gift cards offered by The Art of Miniatures School are not for resale without express written authorization from The Art of Miniatures School and are not refundable and may not be redeemed for cash or any cash equivalent. Gift cards offered by a partner are subject to that partner’s policies.

The Art of Miniatures School is not responsible for any lost or stolen gift cards or use without your permission. We may withdraw or cancel the gift card and require an alternative form of payment if we suspect that the gift card may have been stolen or fraudulently used. Further action may also be taken. The use of gift cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, The Art of Miniatures School is prohibited without The Art of Miniatures School’s prior written approval. Gift cards are not valid and will not be honored, and The Art of Miniatures School will not be liable, if obtained from unauthorized sellers, distributors or resellers.

  1. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

  1. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DOMESTIKA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL DOMESTIKA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DOMESTIKA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Art of Miniatures School, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service.

  1. GOVERNING LAW

These conditions are governed by and interpreted following the laws of Spain, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. The Art of Miniatures School and yourself both agree to submit to the exclusive jurisdiction of the courts of Tarragona, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Spain. You understand and agree that, by entering into these terms of use, you are waiving the right to hold a jury trial or participate in a class action.

  1. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Tarragona, Spain. The language of the proceedings shall be Spanish. Applicable rules of substantive law shall be the law of Spain.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  1. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. WAIVER AND SEVERABILITY

No waiver of by The Art of Miniatures School of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Art of Miniatures School to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. NO THIRD-PARTY BENEFICIARIES AND ASSIGNEMENT

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.

You may not assign this Terms of Use without the prior written consent of The Art of Miniatures School, but The Art of Miniatures School may assign or transfer this Terms of Use, in whole or in part, without restriction.

  1. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

  1. ENTIRE AGREEMENT

The Terms of Use constitute the sole and entire agreement between you and The Art of Miniatures School with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

  1. LANGUAGE

Any version of these Terms in a language other than Spanish is provided for convenience and you understand and agree that the Spanish language will control if there is any conflict.

  1. YOUR COMMENTS AND CONCERNS

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, send any feedback, comments, requests for technical support, and any other communications relating to this Terms of Use, please contact us at: info@theartofminiatures.com