Terms of Service & Privacy Policy

Terms of Service and Privacy Policy

The Fine Art Café and The Fine Art Café Academy dba The Fine Art Cafe (the “Company”) respects the privacy concerns of the users of its website, www.thefineartcafe.com and the services provided therein (the “Site”). The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used.

OUR RELATIONSHIP TO YOU

This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and The Fine Art Café and The Fine Art Café Academy.

ELIGIBILITY AND REGISTRATION FOR MEMBER/STUDENTSHIP

To use our Ecourse Services, you must register with our Website to become a Member/Student. Your Member/Studentship is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least 18 years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are 18 years of age or older and agree to abide by all the terms and conditions of this Agreement. The Fine Art Cafe and The Fine Art Cafe Academy has sole right and discretion to determine whether to accept a Member/Student and may reject a Member/Student’s registration with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “ReMember/Student Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Links to External Sites

The Company (The Fine Art Café and The Fine Art Café Academy) is not responsible for the content or practices of third party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.

Who we share your data with

We may share your personal data with any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including payment providers, email communication providers, IT service providers, accountants, auditors and lawyers.

Under certain circumstances we may have to disclose your personal data under applicable laws and/or regulations, or protect a third party’s rights, property, or safety.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Security

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.

Malware/Spyware/Viruses

Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

Data Collected Through our Member/Studentship, eCourse & Ecommerce Solutions

Learndash

What personal data we collect and why we collect it

We collect information about you during the signup process as well as some basic activities such as the dates you make purchases, login to the site, or cancel/pause/resume your subscriptions with us.

What we collect and store

When you subscribe with us, we’ll ask you to provide an email address. We’ll use this information for purposes, such as, to:

— Send you information about your account and subscriptions. This may include payment receipts, password reset emails, and payment reminders.
— Create your Member/Studentship account

When you purchase from us, we’ll ask you to provide email address. We’ll use this information for purposes, such as, to:

–Send you information about your account and order
–Create your account for our LMS

If you register a free account then we will store your email address. We store information about you for as long as your account exists.

–We store course progress, including completion status, quiz scores, assignments and/or essay submissions (if applicable).
–We will also store comments on courses, lessons, topics, assignments, and essays if you choose to leave them.

How long we retain your data

We store information about you for as long as your account exists.

Who on our team has access

Member/Students of our team have access to the information you provide us. For example, site Owner/Administrators can access:

  • — Order information such as your enrolled courses, course progress and username / email address.
    — Any additional information added in your WordPress User Profile can also be visible to the administrator(s).
    — Order information such as your Member/Studentship subscriptions, payment dates and amounts, and username / email address
    — Any additional information added in your Member/Student Profile can also be visible to the Administrator(s).

Who We Share Data With

We share information as pertinent with our email list provider and analyics provider. Their names listed below.

  • Google
  • Mailchimp
  • Stripe (for payment processing and subscriptions)
  • PayPal (for payment processing and subscriptions)

Payments

We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information. Please see the PayPal Privacy Policy for more details.

We accept payments through Stripe. When processing payments, some of your data will be passed to Stripe, including information required to process or support the payment, such as the purchase total and billing information. Please see the Stripe Privacy Policy for more details.

Our Intellectual Property

The Site and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.

LAWFUL PURPOSES

You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

USE OF THE SITE AND SERVICE

To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service.

REFUSAL OF SERVICE

We reserve the right to refuse access to the Site and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.

REFUND POLICY

Due to the nature of digital products, refunds for your purchase are not available. You agree to make timely and full payments to the Company for your purchase. By registering for my ecourses or workshop, you accept, agree with, and understand that no refunds will be issued and that it is your responsibility to ensure you have a computer to access the course that is compatible with the system requirements for the course or workshop. You also acknowledge and accept that The Fine Art Cafe and The Fine Art Cafe Academy cannot be held responsible for any technical problems encountered following the purchase of the course or monthly Member/Studentship. By registering, you accept, agree and understand you are responsible for your own results and progress, and no warranties or guarantees are offered verbally or in writing regarding the results. You agree also that all content of this course or workshop is fully protected by copyright and intellectual property law, and cannot be disseminated in any format, shared, taught, or distributed.

DISCLAIMER

The Company may share the successful results of its users or customers on the Site and/or Service. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Site and/or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Site and/or Service is a promise, warranty or guarantee to you of such results.

ERRORS, INACCURACIES, AND OMISSIONS

Information provided on the Site and/or Service is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information. The Fine Art Cafe and The Fine Art Cafe Academy reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE FINE ART CAFE AND THE FINE ART CAFE ACADEMY  OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF THE FINE ART CAFE AND THE FINE ART CAFE ACADEMY  IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FINE ART CAFE AND THE FINE ART CAFE ACADEMY ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBER/STUDENTSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

THIRD PARTY WEBSITE AND RESOURCES DISCLAIMER

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. The Fine Art Cafe and The Fine Art Cafe Academy does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.

You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.

You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and The Fine Art Cafe and The Fine Art Cafe Academy or our Member/Students. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.

WARRANTY DISCLAIMER

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. The Fine Art Cafe and The Fine Art Cafe Academy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member/Student communications.

The Fine Art Cafe and The Fine Art Cafe Academy  is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Member/Students’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.

Under no circumstances will The Fine Art Cafe and The Fine Art Cafe Academy be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

THE FINE ART CAFE AND THE FINE ART CAFE ACADEMY, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. JANESSA RAE DESIGN CREATIVE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. THE FINE ART CAFE AND THE FINE ART CAFE ACADEMY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND [OUR COMPANY].

OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Ecourse & Workshop Acknowledgement

The term “course” or “ecourse” or “workshop” includes the ecourse or workshop Web Pages (including those hosted by third parties, such as Learndash, Facebook), courses, workshops, monthly Member/Studentship, private Facebook community content, and all associated materials.

ECOURSE & WORKSHOP ACCESS & PRIVACY

To access and participate in any of my online ecourses or workshops, you must attest that you have read and agree to the Ecourse & Workshop Acknowledgement.

Only ecourse Member/Students have access to ecourse content. Only workshop Member/Students have access to workshop content. Member/Students of The Fine Art Cafe and The Fine Art Cafe Academy ecourses or workshops may not share, give or sell ecourse content, materials, or their Member/Student password or username to any other person or entity.

ECOURSE & WORKSHOP MATERIALS

All ecourses/workshops and materials, along with references used in or related to the ecourses/workshops, are the property of The Fine Art Cafe and The Fine Art Cafe Academy  or of third parties and used under permission granted to The Fine Art Cafe and The Fine Art Cafe Academy  and may only be used in the manner detailed in this Ecourse & Workshop Acknowledgement. Permission to use the material in any other way must be obtained in writing from The Fine Art Cafe and The Fine Art Cafe Academy and/or the publisher or author of the material. These materials are for the sole use of individuals registered for the ecourse or workshop, or others as approved by The Fine Art Cafe and The Fine Art Cafe Academy.

As an ecourse or workshop registrant, you may view and read all materials that are part of the ecourse or workshop facility. You may also print any or all screen and pdf file pages for your personal use in taking the ecourse, but you may not share, communicate, publish or in any manner distribute to other parties the ecourse content, references, links or any other materials.

ECOURSE & WORKSHOP DERIVATIVE WORKS

Copyright law protects original, creative works of authorship such as works of art and paintings—among other things. By purchasing an ecourse or workshop from The Fine Art Cafe and The Fine Art Cafe Academy , you agree that you will not copy, reproduce, alter, modify, create derivative works or publicly display any content from the The Fine Art Cafe and The Fine Art Cafe Academy  ecourses or workshop without the prior expressed written permission of The Fine Art Cafe and The Fine Art Cafe Academy.

If you choose to go out and teach workshops, please do not copy and share information learned in this ecourse with your students. Make your lessons you own, develop your own techniques, and design a workshop that is solely your own. If you go on to sell the art that has been created in this ecourse or monthly Member/Studentship, I trust that it will be your piece – not a replica of the art I demonstrated in the ecourse or workshop.

ECOURSE & WORKSHOP REFUND POLICY

By registering for my ecourses or workshop, you accept, agree with, and understand that no refunds will be issued and that it is your responsibility to ensure you have a computer to access the course that is compatible with the system requirements for the course or workshop. You also acknowledge and accept that The Fine Art Cafe and The Fine Art Cafe Academy cannot be held responsible for any technical problems encountered following the purchase of the course or monthly Member/Studentship. By registering, you accept, agree and understand you are responsible for your own results and progress, and no warranties or guarantees are offered verbally or in writing regarding the results. You agree also that all content of this course or workshop is fully protected by copyright and intellectual property law, and cannot be disseminated in any format, shared, taught, or distributed.

ECOURSE & WORKSHOP TIMESPAN

The ecourse Creating Magic with Brusho is designed to be completed within four weeks, following a drip content format, where students follow along with one new module per week. While this ecourse is designed to be completed in a group format following along with the teachings each week, ultimately you are responsible for completing the ecourse on your own time. Once you purchase an ecourse from The Fine Art Cafe and The Fine Art Cafe Academy, you have lifetime access to the ecourse for as long as it exists, making it easy to go back and review content over and over again.

ECOURSE & WORKSHOP MANAGEMENT SYSTEM ACCESS

You agree that you will not use any robot, spider or other device, process or means to access The Fine Art Cafe and The Fine Art Cafe Academy ecourses or workshop. Nor shall you use any process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not compromise or circumvent the security controls of The Fine Art Cafe and The Fine Art Cafe Academy ecourses/workshops or otherwise gain unauthorized access to The Fine Art Cafe and The Fine Art Cafe Academy ecourses or workshops. You agree that you will not use any device, software or routine that interferes with the proper working of The Fine Art Cafe and The Fine Art Cafe Academy  ecourses or workshops nor shall you attempt to interfere with the proper working of The Fine Art Cafe and The Fine Art Cafe Academy  ecourses or workshops. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

ECOURSE & WORKSHOP ATTESTATION

The Fine Art Cafe and The Fine Art Cafe Academy will deny access of ecourses or workshops to any individual who does not agree to the terms and conditions contained in this Ecourse & Workshop Acknowledgement. Further, The Fine Art Cafe and The Fine Art Cafe Academy reserves the right to terminate access to any individual who does not abide by the full terms and conditions listed on this page.

VIOLATION OF ECOURSE & WORKSHOP ACKNOWLEDGEMENT

Registrants are deemed and presumed to be aware of and familiar with this Ecourse & Workshop Acknowledgement. Violation of Terms and Conditions will result in ecourse or monthly Member/Studentship termination and possible legal action.

MEMBER/STUDENT/STUDENT CONDUCT

Member/Students/Students may post their content to our Website through our Services (Member/Student Content). Member/Students/Students and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member/Student Content and do not in any way guarantee its quality, accuracy, or integrity. The Fine Art Cafe and The Fine Art Cafe Academy is not responsible for the monitoring or filtering of any Member/Student Content. Should any Member/Student Content be found illegal, The Fine Art Cafe and The Fine Art Cafe Academy will submit all necessary information to relevant authorities.

If any Member/Student/Student Content is reported to The Fine Art Cafe and The Fine Art Cafe Academy as being offensive or inappropriate, we may ask the Member/Student/Student to retract or otherwise modify the questionable content within 24 hours of being notified by The Fine Art Cafe and The Fine Art Cafe Academy . If the Member/Student/Student/Student fails to meet such a request, The Fine Art Cafe and The Fine Art Cafe Academy has full authority to restrict the Member/Student’s/Student’s ability to post Member/Student/Student Content OR to immediately terminate the Member/Student’s/Student’s Member/Studentship without further notice to the Member/Student/Student.

Without limiting the foregoing, we have sole discretion to remove any Member/Student /Student Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Member/Students/Student are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Member/Students/Student will respect copyright and trademark laws.

You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Member/Students whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

As a Member/Student/Student, you agree not to use our Services to do any of the following:

Upload, post, or otherwise transmit any Member/Student/Student Content that:

  1. Violates any local, state, federal, or international laws
  2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
  4. Links directly or indirectly to any materials to which you do not have a right to link
  5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
  6. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  8. In the sole judgment of The Fine Art Cafe and The Fine Art Cafe Academy is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose The Fine Art Cafe and The Fine Art Cafe Academy , our affiliates, or our Users to any harm or liability of any type

Use our Content to:

  1. Develop a competing website
  2. Create compilations or derivative works as defined under United States copyright laws
  3. Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
  4. Decompile, disassemble, or reverse engineer our Website, Services, and any related software
  5. Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws

USE OF INFORMATION

You grant The Fine Art Cafe and The Fine Art Cafe Academy a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member/Student Content”) to our Website, you are granting The Fine Art Cafe and The Fine Art Cafe Academy , its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member/Student Content in connection with the operation of the business of The Fine Art Cafe and The Fine Art Cafe Academy , its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member/Student Content. You understand and agree that you will not be compensated for any Member/Student Content. By posting Member/Student Content on our Website or Service, you warrant and represent that you own the rights to the Member/Student Content or are authorized to post, display, distribute, perform, or transmit Member/Student Content.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

LINKING TO OUR WEBSITE

You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.

LINKS TO OTHER WEBSITES

Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. The Fine Art Cafe and The Fine Art Cafe Academy has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

PAYMENTS

You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

TERMINATION OF MEMBER/STUDENT

Your Member/Studentship with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member/Student or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.

AFFILIATE LINKS

From time to time, Company may include affiliate links on its Site and/or Service. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

GOVERNING LAW

This Agreement will be treated as if it were executed and performed in Philadelphia, PA, and will be governed by and construed in accordance with the laws of the state of Pennsylvania without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

DISPUTE RESOLUTION

We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by taking the matter to federal or state courts located in Philadelphia, Pennsylvania. If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

EFFECT OF HEADINGS

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT

These Agreements (i.e., this Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Site and/or Service) constitute the entire agreement between you and the Company with respect to the Site and/or Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site and/or Service.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.

WAIVER

Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.

SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

CHANGED TERMS

We reserve the right to update any portion of our Site and/or Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site and/or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.

Your Acceptance of These Terms

By using the Site, you accept the policies and restrictions set forth in this Online Privacy Policy. If you do not agree to this policy, please do not use the Site. This Online Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.

Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please contact:

Via email: thefineartcafe@gmail.com or
Via regular mail:
169 N Short Ave., Port Clinton, OH 43452