Terms of Service

Foundation Art School Terms of Service 



Effective Date: April 12, 2022

Last Modified: April 12, 2022

These Terms of Service constitute a legally binding agreement (“Agreement”) between you and Foundation Art School, LLC (“Foundation Art School,” “we,” “us” or “our”) governing your use of the website located at http://www.foundationartschool.com/ and services therein (collectively, the “Website”).  The use of the Website and any service or functionality therein shall be referred to herein as the “Service.”  

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICE. YOUR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. AS THE CASE MAY BE, OR INTERACT WITH THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR OUR PRIVACY POLICY, FOUND AT [https://foundationartschool.com/privacy-policy], DO NOT USE OUR SERVICE AND DISCONTINUE YOUR REGISTRATION TO CREATE AN ACCOUNT. 

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time without further notice. However, any changes to the dispute resolution provisions set forth below, will not apply to any disputes for which the parties have actual notice before the date the change is posted. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by these or any future Agreement, do not use or access (or continue to use or access) the Service. ONLY PERSONS OF LEGAL AGE (18 YEARS OF AGE OR OLDER) CAN ACCEPT THIS AGREEMENT AND CREATE AND/OR AUTHORIZE AN ACCOUNT TO USE THE WEBSITE. IF YOU ARE NOT AN ADULT OR DO NOT HAVE YOUR PARENT/GUARDIAN’S PERMISSION TO USE THE SERVICE YOU MAY NOT CREATE AND/OR AUTHORIZE AN ACCOUNT TO USE THE WEBSITE.  Parent/guardians of minor users (who must be over the age of 13) agree to these terms on behalf of themselves and their children.

  1. Access and Use of the Service

The Service provides (1) instructional services regarding drawing and art; and (2) related content and services.  If you choose to register for the Service, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form. You also agree that all information you provide to register with the Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy and this Agreement.

We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users with accounts at our sole discretion for any or no reason.

You are responsible for making all arrangements necessary for you to have access to the Service.

  1. Privacy

Our Privacy Policy applies to use of the Service, and its terms are made a part of this Agreement by this reference. To view the Privacy Policy, click here. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

  1. User Account, Password and Security

You are responsible for maintaining the confidentiality of your Service login credentials (user name, password, or any other piece of information as part of our security procedures) and are fully responsible for any and all activities that occur under your login credentials, as applicable. You agree to (a) immediately notify Foundation Art School of any unauthorized use of your Service login credentials, or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Website. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may be held liable for losses incurred by Foundation Art School or any of its licensors or affiliates due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Service login credentials or account at any time without the express permission and consent of the holder of that account. Foundation Art School cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

  1. Use of Service

Subject to your performance of all of the provisions of this Agreement, Foundation Art School hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Service solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Foundation Art School. Your right to use the Service is not transferable. You will use the Service in accordance with all applicable laws. Foundation Art School may, without notice, terminate your access to the Service or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect Foundation Art School’s networks, information and the security and integrity of the Website and/or our servers and networks or if we determine that you are misusing the Service or otherwise violating the terms of this Agreement.

  1. Conditions of Use

You may use the Service only for lawful purposes and in accordance with this Agreement. You agree to not use the Service to: 

  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, terms of service, agreements, or regulations of networks connected to the Service or associated with the Service; 

  • violate any applicable local, state, national or international law, or any regulations having the force of law; 

  • provide false information about yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

  • harvest or collect email addresses or other contact or personal information from the Service by electronic or other means for any purpose, including, but not limited to, the purposes of sending unsolicited emails or other unsolicited communications; 

  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; 

  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service (e.g., screen capture video lessons without Foundation Art School’s express written permission); 

  • engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability;

  • cause any third party to engage in any restricted activities (e.g., see above).

Additionally, you agree not to: 

  • use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service;

  • use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Website;

  • use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in this Agreement, without our prior written consent;

  • use any device, software, or routine that interferes with the proper working of the Service;

  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service; 

  • attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or

  • otherwise attempt to interfere with the proper working of the Service.

  1. Transactions and Return Policy

Foundation Art School currently offers three options (Gold, Silver, Bronze) to access drawing courses (“Drawing Session”) delivered through the Website.  Each tier offers a different level of Service.  The cost (hereinafter “Charges”) are set forth on the Website and communicated to you before registering for a Foundation Art School Drawing Session.  

Foundation Art School will not refund a purchase of a Drawing Session after the first day the session starts.  If you purchased a Foundation Art School Drawing Session and you would like a refund before the session starts, please contact info@foundationartschool.com.  Exceptions may be made in Foundation Art School’s discretion (e.g., if you upgrade the class).  

You are responsible for all Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. Charges may be facilitated through a third-party payment processing service (“Processor”) which Foundation Art School may replace without notice to you. Currently, credit card transactions on the Service are processed by Stripe, Inc., and are subject to their applicable terms of service and privacy policies.

  1. Obligation to Pay Charges.

When you use the Service to purchase Foundation Art School’s classes you will be directed to our Processor for fulfillment of the applicable Charges. You hereby represent and warrant that (i) the credit card and banking information supplied to the Processor is true, correct and complete, (ii) payments for Charges made by you will be honored by your credit card company or depositary financial institution, as the case may be, and (iii) you shall pay for all Charges made under your account credentials using the Service (if any).

  1. Intellectual Property Rights & DMCA

You acknowledge and agree that the Service contains content, tools, functionality, and features (“Content”) that are protected by intellectual property rights, including, as applicable, copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Foundation Art School, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Content other than as specifically authorized herein for personal, non-commercial use, is strictly prohibited. 

The technology and software underlying the Service or distributed in connection therewith are the property of Foundation Art School, our licensors and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Foundation Art School and/or its licensors. You further agree that the functionality and features of the Service represent valuable proprietary materials owned by Foundation Art School. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Foundation Art School name, logos, and marks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Foundation Art School name, logos, and marks will inure to our exclusive benefit.

DMCA NOTICE: If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material hosted on the Website infringes your copyright, you (or your agent) may send Foundation Art School a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Foundation Art School to locate the content or material within the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA;see http://www.loc.gov/copyright for details.  Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

By email: info@foundationartschool.com.

By mail: 937 S. Coast Highway 101 Suite C205 Encinitas, CA, 92024.  

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

 

  1. Links to other Sites

The Service may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to users of the Service. Such Linked Sites are not under Foundation Art School’s control, and Foundation Art School is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

  1. Content Standards

While utilizing the Services or posting content on the Services, you will comply with all applicable federal, state, local, and international laws and regulations and, without limiting the foregoing, you must not post any content that: 

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by Foundation Art School or any other person or entity, if this is not the case.

  1. License for Submitted Work

Foundation Art School does not claim ownership of the content that you provide on the Website (e.g., drawings) (“User Contributions”) and shall have no obligation of any kind with respect to such content.  Unless otherwise stated herein, any User Contributions that you provide in connection with this Website shall be deemed to be provided on a non-confidential basis.  Foundation Art School shall be free to use or disseminate User Contributions on an unrestricted basis for any purpose, and you grant Foundation Art School an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such content (including in digital form).  This use includes sharing your User Contributions with other members of a session in delivering instructional services.

  1. Disclaimers

You understand that Foundation Art School cannot and do not guarantee or warrant that files available from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FOUNDATION ART SCHOOL NOR ANY PERSON ASSOCIATED WITH FOUNDATION ART SCHOOL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FOUNDATION ART SCHOOL NOR ANYONE ASSOCIATED WITH FOUNDATION ART SCHOOL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FOUNDATION ART SCHOOL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, FOUNDATION ART SCHOOL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOUNDATION ART SCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; OR (ii) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL FOUNDATION ART SCHOOL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FOUNDATION ART SCHOOL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

  1. Indemnity

To the fullest extent allowed by law, you will defend, indemnify, and hold Foundation Art School including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Service, including: (1) your breach of this Agreement; (2) your User Contributions; and/or (3) any other activities in connection with the Service.  

  1. Arbitration 

At Foundation Art School’s or your election, all disputes, claims, or controversies arising out of or relating to this Agreement or the Service that are not resolved by mutual agreement shall be exclusively resolved by final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

  1. Termination

You agree that Foundation Art School, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if Foundation Art School believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.  Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may also be referred to appropriate law enforcement authorities.  Foundation Art School may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice, to you.

  1. General Terms

This Agreement constitutes the entire agreement between you and Foundation Art School and governs your use of the Service, superseding any prior agreements between you and Foundation Art School with respect to use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions.  To the extent any disputes or claims related to this Agreement are not subject to arbitration, as set forth above, you and Foundation Art School agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Diego County, California. In the event a dispute arises regarding this Agreement or the use of the Service, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled. 

The failure of Foundation Art School to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

You may not assign this Agreement without the prior written consent of Foundation Art School, but Foundation Art School may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service.

  1. Questions? Concerns? Suggestions?

The Service is operated by Foundation Art School located at: 937 S. Coast Highway 101 Suite C205 Encinitas, CA, 92024.  Please contact us at info@foundationartschool.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.