Please read these Terms and Conditions (“TC”) carefully. You must agree to these TC before you are permitted to use any Chris Brandley Art digital or downloadable resources, online courses, group class, program, workshop, or training, participate in any events, or enter any online private forums operated by Chris Brandley Art (for any purpose), whether on a website hosted Chris Brandley Art or a third-party website such as an online course platform or Facebook whether now known or unknown (collectively “the Course”).
If you do not agree with these TC, you may not use the Course.
THE AGREEMENT: This Course Agreement (hereinafter, "Agreement") is made by and between Chris Brandley Art, hereinafter referred to as "Course Provider," and you, further defined below, as a participant in the Course, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as "Course") and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Provider's website ("Website").
Article 1 - DEFINITIONS:
A) The parties referred to in this Agreement shall be defined as follows:
I) Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
II) You, the user, the participant: You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
III) Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.
B) The Course details are as follows:
Course Name: Dancing Brushes Painting Membership: As a part of the Course you will receive the following:
· Invite to our Private Facebook Community with live communication and support from the group
· New Full-length painting lesson each month
· Bonus lesson libraries with tips, training videos, and downloads
· Bonus Reference photos to use for painting
· Opportunity to submit paintings for potential selection for feedback
· 20% off Chris’s paintings.
Article 2 - ASSENT & ACCEPTANCE:
By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. If you do so after purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Course to you if you assent to this Agreement.
If you wish to participate in another session of the Course in the future or purchase any other products, programs or services from the Company, all terms of these TC will continue to apply unless superseded by another agreement in writing.
Article 3 - AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
Article 4 - LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course ("Materials"). Subject to this Agreement, we grant you a non- exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The
Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement.
Article 5 - COURSE TERMS:
After purchasing the Course, you will have access to the lessons in the course for as long as you are a paying monthly or annual member.
The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
Article 6 - INTELLECTUAL PROPERTY:
You agree that the Materials, documents, data, databases, the words, the videos and sound recordings, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
The Company’s Limited License to You:
If you view, purchase or access any Course or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license to the Content for personal, non-commercial use only, limited to you only.
This means you may access the Course and view, download, print, and use the Content as instructed by the Company for your own personal purposes.
While you may sell art you've created using methods taught by Chris Brandley Art via online courses, you may not teach, republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Course or Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using the Course or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Course or Content shall constitute infringement.
You must receive our written permission before using any of the Course or Content for your own commercial use or before sharing them with others.
The trademarks and logos displayed on the Course or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these TC or any express written license, are reserved by us.
Unauthorized Use
Your use of any materials found in the Course or Content other than that expressly authorized in this TC or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Course in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TC would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
Article 7 - CONTENT YOU POST:
Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Course pages and other parts of the Website ("User Contributions"). You hereby grant Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post inside the Course or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Course, including images in which your face is visible and recognizable. The Course Provider claims no further proprietary rights in your User Contributions. You also agree to comply with the "Acceptable Use" provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
Please choose carefully the content you choose to upload, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any content you post on the Company’s website or in any third-party forums operated by the Company may become public.
Article 8 - YOUR OBLIGATIONS:
As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information.
This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
OBLIGATIONS: As a participant in the Course, you will be asked to undertake and complete the following obligations:
You agree you will not promote, market or sell any other products, groups, courses, or events to Course members on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. You agree not to promote, market or sell products or services such as art, paintings, painting lessons, painting retreats, coaching services, or other products or services to Course members, unless you are authorized or requested to do so by the Company.
Article 9 - PAYMENT & FEES:
Payment plans are available for the payment of the Course Fees. Such payment plans are structured as follows:
The Company offers either annual or monthly payment options for the Course. You agree to the following fees and payment schedule for the option you select at checkout.
Annual: Upon registering for the Course, you agree to pay an immediate payment of USD $450 (or if you have a code, that discounted amount), which is the annual total cost of your membership. Recurring annual payments will be charged to your card on the same day, each year until you cancel (if, for example, you join on January 6th 2025, your card would be charged January 6th 2026, and so on).
Monthly: Upon registering for the Course, your first payment of USD $45 will be due (or, if you have a code, the discounted amount), followed by recurring monthly payments of USD $45 (or, if you have a code, the discounted amount). The recurring monthly payment of USD $45 (or, if you have a code, the discounted amount)will be charged to your card every thirty (30) days until you cancel.
Upgrades: If you upgrade from the monthly to the annual membership, your monthly membership will continue until the end of the then-current month, at which point you will automatically be charged the annual fee of $450, (or, if you have a code, the discounted amount) and your annual membership will begin. Recurring annual payments will then be charged to your card on the same day each year until you cancel.
You can cancel at any time. To avoid rebilling, you must cancel at least three (3) business days before the next recurring payment is charged, as outlined below. In the event you do cancel, default or late payments will be due immediately.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
The Company may attempt to reprocess any failed payment; however, the Company reserves the right to terminate your access to the Course and all Content, as defined below immediately and permanently if your payment is not received when due.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Course at any time or for any reason, you will remain fully responsible for the full cost of the Course. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Course Discounts
The Company may offer discounts or coupons from time to time, in its sole discretion for the Course. Availability of a discount is not guaranteed and, if one is available, is subject to terms specified with the discount, including eligibility and duration.
Discounts and coupons cannot be combined with any other promotions, offers, discounts, codes, or coupons. Discounts and coupons are non-transferable, and no cash alternatives will be offered. The Company reserves the right to revoke, suspend, cancel, and/or amend any discounts or coupons at any time, following notice to you.
If payment is not complete by the specified Course Start Date, you will forfeit your place in the Course.
Refunds
Your satisfaction with the Course is important to us. To receive a refund of any Course fee, you must cancel your participation in the Course within 14 days from the date of your payment.
In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Course, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for the Course and no refunds will be provided to you after 14 days from the date of your payment. By using and/or joining our Course, you understand and agree that, except for the limited refund period described above, all sales are final and no refunds will be provided.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund, that refund shall immediately terminate any and all licenses granted to you to use the material provided to you under this these TC. You shall immediately cease using the material, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by the Company. To further clarify, we will not provide refunds for requests made after the 14th day from your date of purchase and all payments must be made on a timely basis and will continue until you cancel.
Company reserves the right, in its sole discretion, to determine how to manage a member who violates these TC. Therefore, if a member disagrees with how the Company manages another member and requests a refund, the Company will deny such request.
Furthermore, if a member violates these TC, the Company reserves the right, in its sole discretion, to offer the member another opportunity to abide by these TC. If a member disagrees with the Company offering another member a second opportunity to follow these TC, no grounds for a member to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TC, the Company may terminate your access and participation in the Course without notice and without refund.
The Company may offer additional Course elements for a subgroup of members, as further discussed in this TC. The Company reserves the right, in its sole discretion, to offer member participation in these additional Course elements to specific members. If a member is denied participation in these additional Course elements, no grounds for a member to receive a refund would be created and any request for a refund on this basis will be denied.
Since we have a clear and explicit refund policy in these TC that you have agreed to prior to completing the purchase of the Course, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Article 10 - ACCEPTABLE USE:
You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the
Course Provider.
a) You further agree not to use the Course or the Website:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Course Provider or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
Article 11 - AFFILIATE MARKETING & ADVERTISING:
We engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
Article 12 - NO LIABILITY:
The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.
Article 13 - REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Article 14 - DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
Article 15 - INDEMNIFICATION:
You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
Article 16 - SPAM POLICY:
You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Article 17 - MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement.
You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
Article 18 - ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 19 - SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Article 20 - LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of Course Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 21 - GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website, you agree that the laws of Texas shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Tarrant County, Texas. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
Users Outside United States
The Company controls and operates the Course from offices in the United States. The Company does not represent that materials on the Course are appropriate or available for use in other locations. People who choose to access the Course from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Tarrant County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Texas. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement.
No Party has any authority to bind the other to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email us at the following address: [email protected]
Article 22 – TERMINATION OR CANCELLATION:
The Company reserves the right in the sole discretion to refuse or terminate your access to the Course and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Membership Program at any time, without refund, if you breach any part of these TC. In the event of termination, you are no longer authorized to access the Course or Content.
If you would like to cancel your membership you must cancel at least three (3) business days before your next annual or monthly payment is due.
If you cancel, you will continue to have access to the Course until either the then current term, i.e., until the end of the month if you selected a monthly payment option or until the end of the year-long term if you selected the annual payment option.
YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT RENEWS AUTOMATICALLY FOR SUCCESSIVE PERIODS EQUAL TO THE CURRENT TERM UNTIL BROUGHT TO AN END BY YOU OR THE COMPANY.
YOU CAN EASILY CANCEL YOUR PARTICIPATION IN THE COURSE BY SENDING THE FOLLOWING EMAIL TO [email protected]
Please cancel my Dancing Brushes Painting Membership.
I understand that by canceling, I will be removed from the Dancing Brushes Painting Membership, which includes any online forum, and that I will lose access to all membership content; but that I am still bound by all ongoing provisions in the Terms and Conditions to which I agreed.
Signed,
[ENTER YOUR NAME]
Cancellation or termination does not entitle you to any refund and any remaining, default, or late payments will be due immediately. The restrictions imposed on you in these TC with respect to the Course and its Content will still apply now and in the future, even after termination by you or the Company.
Effective as of October 12th, 2024