This document includes Terms of Service and Terms & Conditions for Purchase
Version 7 – April 7th, 2023
1. General
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
2. Terms
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 you 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.
4. Disclaimer
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 an 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.
7. Links
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 are not allowed to copy, modify, reproduce, republish, sell, post, transmit, or distribute in any way any material from these sites.
Terms and Conditions of Purchase
9. Provision of Products & Services and Limitations
Art Side of Life® offers the following services that are listed in the Art Side of Life® online store:
- online courses
- Procreate brushes
Art Side of Life® shall provide services to the client with the 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® 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 an 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® reserves the right to withdraw from the agreement if unable to provide services. This is followed by a full refund of the order payment minus processing fees.
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 an Art Side of Life® authorized representative has been notified orally or in writing of the possibility of such damage.
10. Ordering and contracts
When placing their order, clients’ personal data will be used solely for the purpose of processing their order. The 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
Art Side of Life® may provide no services and/or products 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 orders online at the time of the order.
12. Cancelation and Refunds
The online purchase of the online courses and classes and Procreate brushes are 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.
14. Content & Software License
When you purchase online courses and classes, you may use them for your own learning and educational purposes. You may share your class project in classes’ projects sections and on social media.
You are not allowed to download, copy, alter, distribute, or sell the content, design, and style of the online courses and classes in any way, shape, or form. You are not allowed to copy the instructor’s design and style and sell it or include it in your portfolio or in another way, shape, or form.
When you receive freebies associated with online courses and classes, you may use them for your own learning and educational purposes. You are not allowed to copy, alter, distribute, or sell them in any way, shape, or form.
When you purchase or receive, as a freebie, the Procreate brushes, you may use them in any personal or commercial work.
You are not allowed to sell, give away, or redistribute the brush files in any way, shape, or form. You are not allowed to redistribute edited versions of the brushes. And you are not allowed to use these brushes to create harmful, hateful, or in any way malicious content.
15. Modifications
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.
16. 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.
17. Severability Clause
If any provision or part of the Terms and Conditions proves to be void or invalid, the validity of the other provisions remains unaffected.