Terms - Fine Art Tutorials

Terms of use: For readers

By using or accessing this site, you agree to these terms of use.

I spend a lot of time researching information to publish, but I will not be liable for any errors found in the content. I do not endorse any comments or submissions made by third parties to the website.

The site content on finearttutorials.com is protected by US and international copyright laws. Do not extract, distribute or publish the content on the site.

Linking to pages on this site from your own website, sharing page links to social media and saving links for your own use is allowed and encouraged. But copy and pasting text, or saving images and redistributing (except for our ‘Pin it’ buttons at the bottom of blog posts) goes against our terms.

Submission terms of use

If you want to submit an article, ensure that you own the rights to any images you send. Also ensure that all images are high quality. Submit an article that is completely new and original—do not send articles that appear anywhere else, published online or in print. Do not submit any threatening, obscene or illegal material.

Terms for customers

Customers of the Fine Art Tutorials courses, have license permission to use course materials for their own personal use, however this does not mean that they own the materials. This license to use the product(s) they have bought is: non-exclusive, non-transferrable, non-sublicensable, limited, revocable. Customers of Fine Art Tutorials products must not use course materials for commercial purposes, for instance, redistributing the course materials, or replicating the content. Customers should also not: share course content with third parties or share account information with others.

Results from the course may vary and improvement as a result of taking the course is not guaranteed. It is dependent on the work that the student is able to put in to achieve the results. We are not responsible for technical issues on the customer’s end, such as internet connectivity or device compatibility, that may affect course access. It is the customer’s responsibility to ensure they have the necessary tools, such as internet access and compatible devices, to access the course.

By making a payment for a product or service, you agree and confirm that: (i) the credit card or alternative payment method information (such as PayPal, Google Pay, Apple Pay, etc.) you provide is accurate, truthful, and complete, (ii) you are fully authorised to use the provided payment method for the transaction, (iii) any charges incurred by you will be accepted and processed by your payment provider, (iv) you will fulfill all payment obligations, including the posted prices, applicable taxes, shipping, and handling fees, regardless of any initial quote displayed on the Website or Applications at the time of purchase, (v) if you are a minor, you have obtained permission from your parent or guardian to use the provided payment method for this purchase, and (vi) you have read, fully understood and agree to the payment amount on the relevant checkout page. If you signed up for a payment plan or monthly payment subscription, you understand the amount that will be charged and number of months it will be charged for, as described on the relevant product checkout page oyu signed up through.

When making a payment for a product through the checkout page, the customer gives permission for Fine Art Tutorials to charge the payment account automatically. When paying via instalments, the customer gives permission to Fine Art Tutorials to automatically charge the payment account for the amount specified each month until the full payment has been made.

The customer is entitled to a refund if they contact the email address provided on the contact page within the 14 day return window. If the customer asks for a refund, access to the product(s) they have purchased will be revoked. If the customer chooses to pay for the product in instalments and fails to pay a portion of the product price by cancelling the payment, access to the product will be revoked.

Refunds will only be granted within the window of 14 days, if the customer has completed less than 50% of the course material.

The term ‘life-time access’ which is a guarantee for customers of the course, applies to the time the course business is live.

Customers must contact us directly at the email address found on the contact page to request a refund or resolve any issues before initiating a chargeback or dispute with their bank. We are committed to resolving concerns promptly and fairly.

The 14 day free trial allows customers to try the course, the modules specified on the trial checkout page will be accessible for the duration of the trial. When customers sign up for the trial, they are prompted to enter their card details. The card is not charged upon registration, but the details are taken by the payment provider as security, to prevent fraudulent sign ups. Then when the 14 day free trial has come to an end, the card will be automatically charged for the monthly subscription fee specified upon sign up. By signing up to the course, the customer agrees that their card will be automatically charged after the 14 day window.

Terms and Conditions for the Affiliate Program

The Affiliate program may also be referred to as the Refer a Friend program.

Affiliate: An affiliate is an individual who registers for the Affiliate or Refer a Friend program to promote the Drawing Fundamentals Course. Affiliates share their unique referral links with others and earn rewards for successful referrals that result in course enrollments.

Referral: A referral is the individual who enrols in the Drawing Fundamentals Course using an affiliate’s unique referral link. Referrals are the participants introduced to the course by affiliates through the program.

By participating in the Refer a Friend program, affiliates agree to the following terms and conditions:

Eligibility

The Refer a Friend program is open to individuals who have enrolled in the Drawing Fundamentals course.

Referral Process

Once enrolled, participants will have access to unique referral links to share with friends.
Rewards will only be issued for referrals who successfully enrol in the course using the affiliate’s unique link.
Fine Art Tutorials issues rewards manually and reserves the right to verify each referral’s enrolment before issuing rewards.

Reward Details

Participants will earn a reward equivalent to 15% of the course price per qualifying referral on selected offers. Exact reward amounts may vary based on the course pricing at the time of referral.
Rewards are non-transferable and will be issued to the Paypal account that the affiliate provided upon signing up for the affiliate program.
If the affiliate does not provide a Paypal email address, Fine Art Tutorials reserves the right to hold the funds.

Limitations

A referral will only qualify if the referred individual completes the enrolment and payment process using the unique referral link.
Self-referrals or fraudulent activities are strictly prohibited and will result in disqualification from the program.
Payout from a referral will be eligible after the 14 day return window has elapsed for that particular referral.
Fine Art Tutorials reserves the right to determine the payment schedule for all rewards and may adjust the timing at its sole discretion.
Affiliate commissions are only eligible through the offers determined by Fine Art Tutorials. This currently includes the Drawing Fundamentals 30% offer. If customers sign up to the course through another offer, the affiliate will not be eligible for a commission.

Program Modifications

We reserve the right to modify, suspend, or discontinue the Refer a Friend Affiliate program at any time without prior notice.
Any changes will not affect rewards already earned prior to the changes taking effect.

Dispute Resolution

In the event of a dispute regarding rewards, enrolment, or qualification, our decision will be final and binding.

By sharing the referral link and participating in the program, the affiliate confirms that they have read and agreed to these terms and conditions.

Binding Arbitration (“Arbitration Agreement”)

a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to Building 139361, PO Box 7169, Poole, Dorset, BH15 9EL. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.

d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.

e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.

g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.

i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.

j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.

Consent to Data Collection. These Terms of Service incorporate our Privacy Policy https://finearttutorials.com/privacy-policy/, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.

Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.