ODE2ART.COM TERMS AND CONDITIONS OF USE AGREEMENT
1. Agreement between User and Ode2Art.com
The Ode2Art.com website (the “Site”) is comprised of various web pages operated
by Ode 2 Art Academy is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the “Terms”).
Your use of Ode2Art.com constitutes your agreement to all such Terms. Please read
these terms carefully and keep a copy of them for your reference.
Ode2Art.com is an art education site.
share to operate, maintain and provide you the features and functionality of the
Site, to analyze how the Site is used, diagnose service or technical problems,
maintain security, personalize content, remember information to help you
efficiently access your account, monitor aggregate metrics such as total number of
visitors, traffic and demographic patterns and to track content as necessary to
comply with the Digital Millennium Copyright Act and other applicable laws.
We may use your email address to send you Site-related notices (including any
notices required by law, in lieu of communication by postal mail). We may also use
your contact information to send you marketing messages. If you don’t want to
receive these messages, you can opt out by following the instructions in the
message. If you correspond with us by email, we may retain the content of your
email messages, your email address and our responses.
Ode2Art.com will never sell or give away the information we collect to anyone other
than to satisfy any applicable law, regulation, legal process or governmental
request, as required by law.
3. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or password.
You may not assign or otherwise transfer your account to any other person or
entity. You acknowledge that Ode2Art.com is not responsible for third party access
to your account that results from theft or misappropriation of your account.
Ode2Art.com and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Ode2Art.com does not knowingly collect, either online or offline, personal
information from persons under the age of eighteen (18). If you are under 18, you
may use Ode2Art.com only with permission and supervision of a parent or
5. Electronic Communications
Visiting Ode2Art.com or sending emails to Ode2Art.com constitutes electronic
communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically, via email and on the Site, satisfy any legal requirement that
such communications be in writing. Anyone who is inappropriate or harassing in
any way through their support submission on the contact page, through email,
social media or anywhere on Ode2Art.com can and will be removed from the site
6. Refund Policy
We want you to be happy with the classes you sign up with. You make payment
arrangements with each individual instructor, so refunds are at their discretion.
Although we do not offer refunds for classes (unless there has been a mistake on
our part) we’ll be happy to work through the problem with you. Please email your
instructor to resolve these issues.
Please note: Anyone who is inappropriate or harassing in any way through their
support submission on the contact page, through email, social media or anywhere
on Ode2Art.com can and will be removed from the site without reimbursement.
7. Links to Third Party Sites/Third Party Services
Ode2Art.com may contain links to other websites (“Linked Sites”). The Linked Sites
are not under the control of Ode2Art.com and Ode 2 Art is not responsible for the
contents of any Linked Site. Ode2Art.com is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Ode 2
Art Academy of the site or any association with its operators.
By using any product, service or functionality originating from the Ode2Art.com
domain, you hereby acknowledge and consent that Ode2Art.com may share such
information and data with each independent instructor with whom Ode2Art.com
has a contractual relationship to provide the requested service or functionality on
behalf of Ode2Art.com users and customers.
8. No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and
your use of the Site, you warrant to Ode2Art.com that you will not use the Site for
any purpose that is unlawful or prohibited by these Terms. You may not use the
Site in any manner which could damage, disable, overburden, or impair the Site or
interfere with any other party’s use and enjoyment of the Site. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as
well as the compilation thereof, and any software used on the Site, is the property
of Ode2Art.com or its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. You agree to observe and abide
by all copyright and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto.
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 on the Site. Ode2Art.com content is not for resale. Your use of the
Site does not entitle you to make any unauthorized use of any protected content,
and you will not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use and will make
no other use of the content without the express written permission of Ode2Art.com
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 Ode2Art.com or our licensors except as expressly
authorized by these Terms.
9. International Users
The Service is controlled, operated, and administered by Ode2Art.com from our
offices within the USA. If you access the Site from a location outside the USA, you
are responsible for compliance with all local laws. You agree that you will not use
the Ode2Art.com Content accessed through Ode2Art.com in any country or in any
manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Ode2Art.com, its owners,
instructors, employees, agents and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorney’s fees) relating to or arising out of your use
of or inability to use the Site or 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. Ode2Art.com
reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Ode2Art.com in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising
out of or concerning these Terms and Conditions, or any provisions hereof,
whether in contract, tort, or otherwise at law or in equity for damages or any other
relief, then such dispute shall be resolved only by final and binding arbitration
pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator
and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties.
The arbitrator’s award shall be final, and judgment may be entered upon it in any
court having jurisdiction. In the event that any legal or equitable action, proceeding
or arbitration arises out of or concerns these Terms and Conditions, the prevailing
party shall be entitled to recover its costs and reasonable attorney’s fees. The
parties agree to arbitrate all disputes and claims regarding these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including the
scope and enforceability of this arbitration provision shall be determined by the
Arbitrator. This arbitration provision shall survive the termination of these Terms
12.Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual
basis; class arbitrations and class/representative/collective actions are not
permitted. The parties agree that a party may bring claims against the other only in
each’s individual capacity, and not as a plaintiff or class member in any putative
class, collective and/ or representative proceeding, such as in the form of a private
attorney general action against the other. Further, unless both you and
Ode2Art.com agree otherwise, the arbitrator may not consolidate more than one
person’s claims and may not otherwise preside over any form of a representative
or class proceeding.
The information, software, products, and services included in or available through
the site may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. Ode2Art.com and/or its suppliers may make
improvements and/or changes in the site at any time.
Ode2Art.com 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 on the site 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. Ode2Art.com 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 Ode2Art.com
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 site, with the delay or inability to use the site or
related services, the provision of or failure to provide services, or for any
information, software, products, services and related graphics obtained through
the site, or otherwise arising out of the use of the site, whether based on contract,
tort, negligence, strict liability or otherwise, even if Ode2Art.com or any of its
suppliers has been advised of the possibility of damages. Because some
states/jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you. If
your sole and exclusive remedy is to discontinue using the site.
Ode2Art.com reserves the right, in its sole discretion, to terminate your access to
the Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws
of the State of Texas and you hereby consent to the exclusive jurisdiction and
venue of courts in Texas in all disputes arising out of or relating to the use of the
Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Ode2Art.com as a result of this agreement or use of the
Site. Ode2Art.com’s performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of
Ode2Art.com’s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to
or gathered by Ode2Art.com with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
Anyone who is inappropriate or harassing in any way through their support
submission on the contact page, through email, social media or anywhere
on Ode2Art.com can and will be removed from the site without notice.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and Ode2Art.com with respect to the Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Ode2Art.com with respect to the Site. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be written in English.
15.Changes to Terms
Ode2Art.com reserves the right, in its sole discretion, to change the Terms under
which Ode2Art.com is offered. The most current version of the Terms will
supersede all previous versions. Ode2Art.com encourages you to periodically