Terms and Conditions
This document includes Terms of Service, Terms & Conditions for Purchase and Terms & Conditions for Online Forum.
Version 5 – 5th of August 2018
These Terms and Conditions (T&Cs) govern relations between Art Side of Life Studios KLG (hereinafter referred to as “Art Side of Life”) and users and clients of Art Side of Life. These T&Cs are an integral part of any contract concluded between Art Side of Life and a client. Any ancillary agreements, undertakings or amendments to these T&Cs are only valid in writing.
Terms of Service
By accessing the website at artsideoflife.com and/or artsideoflife.thinkific.com, you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
3. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Art Side of Life’s websites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Art Side of Life’s websites;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Art Side of Life at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Art Side of Life’s websites are provided on an ‘as is’ basis. Art Side of Life makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Art Side of Life does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its websites or otherwise relating to such materials or on any sites linked to this site.
5. Use limitations
In no event shall Art Side of Life or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Art Side of Life’s websites, even if Art Side of Life or a Art Side of Life authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Accuracy of materials
The materials appearing on Art Side of Life’s websites could include technical, typographical, or photographic errors. Art Side of Life does not warrant that any of the materials on its websites are accurate, complete or current. Art Side of Life may make changes to the materials contained on its websites at any time without notice. However, Art Side of Life does not make any commitment to update the materials.
Art Side of Life has not reviewed all of the sites linked to its websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Art Side of Life of the site. Use of any such linked website is at the user’s own risk.
8. Intellectual Property
All material on artsideoflife.com and artsideoflife.thinkific.com, including text, graphics, logos, button icons, images, audio & video clips, and software, is owned by Art Side of Life, and is protected by intellectual property laws. You may not copy, modify, reproduce, republish, post, transmit or distribute in any way any material from this site Art Side of Life’s obligations.
Terms and Conditions for Purchase
9. Provision of Products & Services and Limitations
Art Side of Life offers the following services that are listed in Art Side of Life online store:
- consultancy – operational (Portfolio reviews)
- consultancy – strategic (Coaching call and long-term mentorship relationship)
- online courses
Art Side of Life shall provide services to the client with utmost skills and care in accordance with the services described in the online store and these T&Cs.
Art Side of Life provides services based on their availability.
Art Side of Life provides consultancy services within 30 days after the order is fully paid, depending on availability of Art Side of Life and the client.
Art Side of Life is not liable for delays in providing or not providing the services at all, if the client fails to fully pay the listed price due to expired or invalid credit card or credit card with lack of funds or if the client fails to provide Art Side of Life with all the necessary information to perform the services (contact details).
Art Side of Life provides consultancy services also with the use of video conferencing technology which requires a reliable internet connection. If the client doesn’t have access to reliable internet connection Art Side of Life is not able to deliver consultancy services.
Art Side of Life reserves the right to withdraw from the agreement if unable to provide services. This is followed by a full refund of the order payment in the case of consultancy services and 90% in the case of the online courses (due to the fees imposed by Thinkific – our online courses platform).
In no event shall Art Side of Life be liable to the client in respect of any loss of profits or anticipated savings, of any loss of revenue or income, of any loss of business, contracts or opportunities, or in respect of any special, indirect or consequential loss or damage arising directly or indirectly from provided services, even if Art Side of Life or a Art Side of Life authorised representative has been notified orally or in writing of the possibility of such damage.
10. Ordering and contracts
When placing their order, client’s personal data will be used solely for the purpose of processing their order. Client ensures that all data are entered correctly and completely.
A contract associated with an order placed on the Art Side of Life online store comes into effect as soon as Art Side of Life has sent the client a printable order confirmation by email. The order is binding to the client. Once the order has been submitted, the client can no longer make any changes to their order.
11. Prices and Payment Terms
No services and/or products may be provided by Art Side of Life until they have been paid for in full by the client.
The prices which are listed online at the time of the order apply in full. All prices are quoted in US dollars (USD) and include sales tax at the statutory rate. Art Side of Life is not liable for losses arising from exchange rates applied if your payments are processed via a foreign currency.
Art Side of Life charges the payment amount when the order is received. The prices are binding until the time at which Art Side of Life confirms the order and/or for the period stated in the order confirmation. The clients pay for their order online at the time of the order.
12. Cancelation and Refunds
The online order of consultancy services can be canceled and fully refunded within 24 hours after the order is received.
The online order of the online courses is non-refundable.
13. Data Protection
Payment is handled using industry standard secure connections directly through the payment handler. Art Side of Life does not store any payment information on its servers.
Art Side of Life may enter into order-related and other electronic correspondence with the client. By placing an order, the client authorizes Art Side of Life to send documents and other data in emails. These emails use standard encryption (TLS).
We hereby make you aware of the risks that are connected with data transfer by email. These risks include the transfer of viruses, damage to and/or loss of data, and unauthorized third-party access. In no event shall Art Side of Life or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the risks connected with data transfer by email.
Terms and Conditions for Online Forum
14. Members Conduct
Registered Community members may post their content to our Website through our Online Forum (Community Members Content). Members 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 Community Members Content and do not in any way guarantee its quality, accuracy, or integrity. Art Side of Life is not responsible for the monitoring or filtering of any Community Members Content. Should any Community Members Content be found illegal, we will submit all necessary information to relevant authorities.
If any Community Members Content is reported to us as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Art Side of Life. If the Member fails to meet such a request, we have full authority to restrict the Member’s ability to post Community Members Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Community Members Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members 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 Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As our Online Forum Member, you agree not to use Art Side of Life Online Forum to do any of the following:
Upload, post, or otherwise transmit any Community Members Content that:
- Violates any local, state, federal, or international laws
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- 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
- Links directly or indirectly to any materials to which you do not have a right to link
- Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- 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
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- In the sole judgment of Art Side of Life is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose us, our affiliates, or our Users to any harm or liability of any type
15. Use of Your Content
You grant Art Side of Life a license to use the information and materials you post to our Online Forum. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Community Members Content”) to our Website, you are granting us, our officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Community Members Content in connection with the operation of the business of Art Side of Life, 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 Community Members Content. You understand and agree that you will not be compensated for any Community Members Content. By posting Community Members Content on our Website or Service, you warrant and represent that you own the rights to the Community Members Content or are authorized to post, display, distribute, perform, or transmit Community Members Content.
16. 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.
17. Termination of Online Forum Membership
Your membership in Art Side of Life Online Forum 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. 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.
Art Side of Life may revise these Terms and Conditions for its websites at any time without notice. By using Art Side of Life websites you are agreeing to be bound by the then current version of these terms of service.
19. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Switzerland and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
20. Severability Clause
If any provision or part of the Terms and Conditions prove to be void or invalid, the validity of the other provisions remains unaffected.