Terms and Conditions

The Art Box Academy – Terms and Conditions

Version Dated August 18, 2022

What is The Art Box Academy?

The Art Box Academy, LLC, a California limited liability company, (hereinafter “TABA” or “We/Us/Our”) provides services, products and information via Our website (located at www.TheArtBoxAcademy.com), Our related social media accounts (e.g., www.Instagram.com, facebook.com) and other platforms which may be added or removed at any time. In addition, We may use third-party platforms such as Shopify or Etsy to facilitate sales of our products. Collectively, these sites are referred to as the “Platform(s)” and include all versions accessible through all devices (such as mobile and desktop apps, web browsers, etc.).

All Users Agree to Our Terms & Conditions

All visitors (hereinafter, “User(s)”, “You” or “Your”) to our Platforms are subject to the terms, conditions and notices set forth in these Terms and Conditions (the “Terms & Conditions”). Purchasers of Our products may be subject to additional rules applicable to such transactions. These Terms & Conditions may be amended from time-to-time.

By using Our Platforms or purchasing Our products or subscribing to Newsletter, You accept these Terms & Conditions and agree to comply with all of its provisions. If You do not wish to accept these Terms & Conditions, DO NOT USE OUR PLATFORMS, PURCHASE OUR PRODUCTS OR SUBSCRIBE TO OUR NEWSLETTER.

All Users Agree to Our Privacy Policy

You agree to the terms of our Privacy Policy set forth at www.TheArtBoxAcademy.com/privacy-policy and as may be amended from time-to-time.

Purchases

We provide products in the form of self-contained art projects and related materials (collectively, “Our Products”). All purchasers of any of Our Products agree to the following conditions for any paid transaction with Us (hereinafter, “Payment Terms”).

You warrant and represent that You are authorized to use any payment method You provide to Us (such as PayPal accounts or credit cards). You agree to indemnify Us against losses We may sustain as a result of any breach of this warranty.

We use third-party vendors to process payments for Our Products. Such vendors may include, for example, Stripe, Block and/or Paypal. Note also that some third-party payment processing vendors with which we may contract may also process payments through third-party apps (such as Google Pay, Apple Pay Alipay, etc.). Visit the individual payment processors to view these vendors’ specific privacy policies and terms and conditions. Our Privacy Policy applies only to data over which We have control.

Returns

Our Products may be returned provided they are unused or if they contain material defects (for example, the glue is dried out). are viewable through our web portal. Refunds may be requested at www.theartboxacademy.com/contact-us/ or via email at Info@theartboxacademy.com.

Intellectual Property
Our Rights. Our Platforms and the entire content appearing in Our Platforms including all text, images, software code, Submitted Content, audio and video and the design, layout, functionality and features of Our Platforms (collectively, “Our Materials”) are owned by Us, Our licensors of Our Materials and other providers of Our Materials. Our Materials are subject to the laws of the United States and other jurisdictions via statute, treaty or otherwise. Such laws include those governing copyrights, trademarks, patents, trade secrets and other intellectual property rights (hereinafter, collectively, “Our Rights”). We reserve all of Our Rights to Our Materials. You are permitted to use Our Platforms solely for the non-commercial uses described in connection with our products and services. No grant of Our Rights is expressed or implied in any use of or transaction through Our Platforms. Any license to Our Materials, expressed or implied, is subject to revocation at will in the exercise of Our sole discretion.
No License. You may not, directly or indirectly, copy, display, perform, distribute, create derivative works from, modify or otherwise exploit Our Materials. You may not use any of Our Materials or Our trademarks, logos or tradenames without Our express, prior, written permission.
Third Party Rights. Some content appearing in our Platforms may be owned by third parties and are licensed for use by Us. Such third-party content may or may not be labelled as such. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit any third-party content except as may be permitted for specific content as part of a transaction involving Our services. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permission of their respective owners.
Allegations of Infringement (DMCA). If You believe that any of Our Materials violates Your copyright(s) or other rights, You may request removal of those materials from Our Platforms by submitting written notice in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your notice must include the following:
Your name, address and contact information.
A copy of the work(s) You believe are being infringed upon within Our Platforms.

A readily identifiable description and location within Our Platforms of the work(s) You believe are infringing.

A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that that the works You identified as infringing are being used without authorization.

Send your DMCA Notice to:

The Art Box Academy, LLC

4010 Palos Verdes Dr. N., #107
Rolling Hills Estates, CA 90274

Info@theartboxacademy.com

Limitation of Liability
As-Is / As-Available. All of Our Platforms and Our Materials are provided to You on an as-is and as-available basis. We provide no guarantee that Our Platforms or Our Materials will be available at any given time or through any given device.
No Warranties expressed or implied. Your use of Our Platforms and Our Materials is at Your own risk. We make no warranty, express or implied, regarding Our Platforms, Our Materials or the accuracy, applicability, or usability of Our Materials for any purpose. We make no warranty that use of Our Platforms is free of viruses or other harmful or incompatible software that may damage any device on which You view Our Platforms or Our Materials. Users are strongly advised to maintain current anti-virus software and other protection on all devices in which You intend to access Our Products. We disclaim any and all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for any particular purpose.
Not liable for content. You assume any risk associated with any reliance You place on Our Materials whether such content is provided by Us or by any Users of Our Platforms or any other third-parties.
No Legal Advice. Our Materials are not to be construed as legal advice in any manner. You should consult an attorney of Your choosing regarding any legal matter that You may have and not rely on any of Our Materials in making any decisions or taking or refraining from any actions.
Opinions expressed are of individuals. Our Materials may contain opinions regarding a particular subject. In such event, the opinions expressed are those of the individual authors of those materials and are not to be construed as Our opinions. We are not responsible for any such opinions.
Third-Party Links. We are not liable for any content or otherwise contained on any website or otherwise that You may encounter when following any link to any third-party.
Limitation of Damages. To the maximum extent permitted by law, in no event shall The Art Box Academy, LLC, its licensors, licensees, affiliates or partners, or the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same be liable for any special, punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of data, loss of profits, or any other such damages under any theory of liability, arising out of or in connection with the use of Our Platforms or Our Materials. You are solely responsible for any loss, claims or damages arising from any of Your Prohibited Conduct or Prohibited Submissions.

Indemnification. You agree to indemnify and hold harmless The Art Box Academy, LLC, its licensors, licensees, affiliates or partners, and the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same, from and against any claim arising from or related to Your breach of these Terms & Conditions.

Updates to Terms & Conditions and Privacy Policy. From time-to-time as Our Platforms and Our Materials evolve, we will update our Terms & Conditions and Privacy Policy. You agree to confirm that You have read and understood our most up-to-date Terms & Conditions and Privacy Policy prior to each occasion in which you access Our Platforms and Our Materials. We will post the date on which Our Terms & Conditions and Privacy Policy have been updated at the top of Our Terms & Conditions and Privacy Policy. We are under no obligation to provide you an e-mail or other notice regarding any updates to Our Terms & Conditions or Privacy Policy. Your continued access to Our Platforms and Our Materials constitutes consent to, and agreement with, these changes.

Dispute Resolution. In the unlikely event that You have a dispute with Us regarding Your use of Our Platforms or Our Materials, regarding Our Products, Our Privacy Policy, Our Terms & Conditions, Your relationship with Us (contractual or otherwise) or any other claim (collectively, “Disputes”), and we are unable to resolve that dispute through informal communications between Us, You agree that any such Disputes will be subject to the following dispute resolution:

Any Disputes shall be resolved by binding arbitration before a single arbitrator in accordance with the then-existing rules of the California Lawyers for the Arts, Arts Arbitration and Mediation Service. (See: https://www.calawyersforthearts.org/arts-arbitration–mediation-services.html. In the event that such arbitration service is no longer operating, then the Arbitration service of the American Arbitration Association shall substitute. Venue for any such dispute shall be the County of Los Angeles and California laws shall apply.

You further agree that this dispute resolution mechanism shall be Your sole means to seek a remedy for any Dispute and that You will not engage in any class action or other collective action regarding any Dispute You may have with us. You understand that by voluntarily providing information to Us, by using Our Website or by otherwise engaging in any transaction with Us involving Our Products or services, that You are waiving any rights to a trial by jury or to join any collective or class action litigation involving any Dispute.

Additional Legal Terms
These Terms & Conditions along with Our Privacy Policy and any specific additional terms related to any specific transaction(s) regarding our products, services or subscriptions (collectively, “Our Agreement”), constitute the entire agreement between You and Us and supersede all prior and contemporaneous understanding, agreements, representations and warranties, written or oral. You may not make any changes to these agreements without Our written consent.
If any provision(s) or term(s) of Our Agreement are held by any tribunal to be invalid or unenforceable, the provision or term shall be deemed modified and interpreted in a manner so as to achieve the intent of the original provision or term. All other provisions and terms of Our Agreement shall remain in full force and effect.
No Waiver. No waiver of or failure to enforce any particular instance of any breach of Our Agreement shall be deemed a continuing waiver of any provision or of any subsequent breach of Our Agreement.
Injunctive Relief. You agree that any breach or threatened breach of Our Agreement will damage Us in a manner that will render damages at law to be inadequate. Accordingly, You acknowledge that We may bring an action for injunctive relief against You for any breach or threatened breach of Our Agreement in addition to any action for monetary or other damages. We may bring such an action for injunctive relief in any court of competent jurisdiction or before an arbitrator selected under this Agreement.
Injunctive Relief Waiver. You, as a condition of entering into Our Agreement, hereby waive any right to seek injunctive relief in any form that may impair or impede the display, distribution or other exploitation of Our Materials and under no circumstances shall You be entitled to equitable relief or to restrain or enjoin the use of Our Platforms or the distribution of any of Our Materials.
Our Successors-in-Interest. Our Agreement shall inure to the benefit of any of Our successors-in-interest. You agree that We may transfer any and all data that You have submitted to Us or that We have collected from You to our successors-in-interest, without notice. Our successors-in-interest shall be subject to Our Privacy Policy.