I. Terms and Conditions for Arty Panda
THIS A LEGALLY BINDING E-AGREEMENT BETWEEN YOU (referenced herein as “You/you” or “user” “artist” “buyer” “purchaser” or “client” or “your”) AND ARTY PANDA, a company based in the United Kingdom (referenced herein as “AP,” “US” and/or “OUR”). THIS AGREEMENT APPLIES EACH TIME YOU ACCESS OR USE OUR WEBSITE AND WEBSITE PLATFORM/SERVICES FOUND AT http://www.arty-panda.co.uk (“WEBSITE”).THESE TERMS AND CONDITIONS (“TAC”) SHOULD BE READ CAREFULLY BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE CONTENT AND SERVICES (“ARTY PANDA WEBSITE, SERVICESAND MATERIALS”) PROVIDED THROUGHOUT THIS WEBSITE AND UTILIZING THE SERVICES FOUND ON THIS WEBSITE. ADDITIONALLY, THESE TAC ALSO INCLUDES OUR SEPARATE PRIVACY POLICY WHICH CAN BE ACCESSED ON OUR WEBSITE.AP IS WILLING TO ALLOW YOU TO USE OUR WEBSITE AND TO PROVIDE OUR PLATFORM AND SERVICES ONLY UNDER THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THESE TAC CONTAINED HEREIN. BY SUBMITTING PAYMENT VIA OUR WEBSITE, YOU ARE ALSO AGREEING TO ALL OF THESE TAC WITHOUT LIMITATIONS.
Introduction
AP takes pride in creating beginner art classes – from portraits to painting lessons – so that one platform exists for the classes to be viewed and purchase by others. This platform serves to present and promote the work of the various classes, especially classes taking place in the Worcester, England area.
License to use ServiceAP is pleased to provide a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable license to utilize our website, to purchase art courses via our website as long as you comply with these TAC without restriction or limitation. Unless otherwise stated, AP owns the copyrights and trademarks published on this website, in our advertisements, pictures, and videos found on our website.
Terms
This agreement is effective while you utilize our website prior to booking course, after booking for a period of three years.
Restrictions
Notwithstanding the foregoing license grant, you may not translate, modify create derivative work(s) of, advertise, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, transfer mirror, exploit, frame rent, lease, private label, grant a security interest in, or otherwise use this website or an artists/customers art found on this website in any manner not expressly permitted by contract with AP or with an individual artist/customer. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through this website or during the course of using our platform that is not expressly authorized for your use by expressed written permission, either by contract between artist and you or in this terms and conditions.
Moreover, you may not:
Utilize a “page scrape device,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Service or in any way reproduce or circumvent the navigational structure or presentation of this Service in order to obtain or attempt to obtain any of AP’S Materials or any other information through any means not purposely made available through this Website;
Gain or attempt to gain unauthorized access to (a) any portion or feature of this Website, (b) any other systems or networks connected to this Website, (c) any AP server, or (d) to any of the services offered on or through this Service, by hacking, password “mining,” or any other illegitimate or prohibited means;
scan, probe or test the vulnerability of this Service or any network connected to this Service, nor breach the security or authentication measures on this Service or any network connected to this Service;trace, reverse track, or seek to trace any information on any other user of or visitor to this Service,take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website.
Use any software, device, or routine to interfere with (a) the proper working of this Service, (b) any transaction conducted on this Service, or (c) with any other person’s use of this Service,forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to AP on or through this Service,use this Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact AP or our Subcontractors.
AP Basics
Payment Platform: Stripe is the exclusive platform utilized by AP. Buyer will submit all payment to AP via Stripe.
• Cancellation Policy: Please contact us at least 24 hours in advance to avoid being charged.
Breaches of this TAC
Without prejudice to AP’s other rights under this TAC, if you breach or fail to abide by any portion of this TAC, we may take such action as we deems appropriate to deal with the breach, including: suspending your access to this Website; prohibiting you from accessing this Service by blocking your IP address; contacting your internet service provider to request that they block your access to this Website; and/or bring legal proceedings against you. This is a legally binding agreement; therefore, we take these TAC very seriously and will initiate an action against you if necessary to defend our rights.
Use of Subcontractors
You give unlimited consent for us to transfer our rights, the performance of our services, and these TAC to a third party contractor or artist. If we utilize a third party contractor during the fulfillment of our duties under this agreement and in the course of performing the services you purchase, you agree that our third party contractor and/or artist are also covered under these TAC. You also agree that AP will not be responsible for any of the actions of a third party contractor or artist.
No warranties
AP makes no representations or warranties in relation to this service or the information and materials provided herein. All services on this website are provided “as is.”We also do not warrant that:
• This website or its features will constantly be available, or will be available at all;
• That the artists will full fill their agreements with you;
• You will receive any value whatsoever from your purchase with us.
Intellectual Property
AP owns the copyrights to the writing on our website, the images on our website, and the trademark to our business name and logo. You agree that any use of these items without our permission will result in civil proceedings in which you will waive personal jurisdiction to proceed in the court of our choosing in the United Kingdom.
AP reserves the right to utilize your uploaded pictures, artwork, and purchases for advertising purposes in any way we deem reasonable and necessary.
Assignment
AP may, at any time, transfer, sub-contract or otherwise sell our rights and/or obligations under this TAC without notifying you or obtaining your consent.
However, you agree that you may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the TAC under ANY circumstance.
Severability
Under the rare circumstance that a provision of this agreement is deemed unenforceable by the courts of the United Kingdom, the other provisions of this agreement will still remain in tact and you agree to abide by them.
Entire agreement
These TAC constitute the entire agreement between you and AP in relation to your use of this Website and the Platform/Services on the Website, and supersedes all previous agreements, except for our Privacy Policy, in respect to your use of this Website.
Law and jurisdiction
These TAC will be strictly governed under the laws of the United Kingdom and you agree to waive personal jurisdiction and to sit in a United Kingdom court for any proceedings under this agreement.
VariationAP may revise this TAC from time-to-time. Revised TAC will apply to the use of this Website and the Services provided and purchased on this website from the date of the publication of the revised TAC on this website. Please check this page regularly to ensure you are familiar with the most current version.
ASSENTBy continuing to utilize AP, you agree that these TAC are reasonable and you expressly agree to abide by them.
Contact Information
Feel free to ask us questions about our TAC: artypanda.co.uk/contact-us/
