Terms of Service — Studio Technique

STUDIO TECHNIQUE ARTISTIC TRAINING INC. TERMS OF SERVICE POLICY

PLEASE READ THIS AGREEMENT AND POLICY CAREFULLY BEFORE USING ANY OF THE SERVICES AT STUDIO TECHNIQUE BY STUDIO TECHNIQUE ARTISTIC TRAINING INC. BY USING THE SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND POLICY AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS.

Please be aware that Studio Technique has created certain areas on the Studio Technique site, workshops, courses and Q and A videos that may contain adult or mature content (for example: nude or partially nude figures for figure drawing or anatomical references). You must be at least 18 years of age to access and view such areas, or have prior written parental consent.

Terms & Conditions in short

By using any of our services, you agree to be bound by these terms & conditions.
By taking a course at Studio Technique, you warrant that you are at least 18 years old or have parents' permission to enroll.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or non-commercial purposes, any portion or use of, or access to, the Studio Technique Courses and Workshops (including Content, advertisements, software and your Studio Technique ID).
Your access to Studio Technique is exclusive to you and may not be shared with another party.
Events outside Studio Technique's control shall be considered force majeure.
The price applicable is that set at the date on which you place your order.
Payment fees are recognized before confirming the purchase.

Additional Information

Studio Technique reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and service offerings without prior notice.

Cancellation policy

All sales are final.

Terms & Conditions

This page contains the terms & conditions. Please read these terms & conditions carefully before ordering any products from us. You should understand that by using any of our services, you agree to be bound by these terms & conditions.

Personal Information

All personal information you provide us with or that we obtain will be handled by Studio Technique as responsible for the personal information. The personal information you provide will be used to ensure deliveries to you, the credit assessment, to provide offers and information on our catalog to you. The information you provide is only available to Studio Technique and will not be shared with other third parties. You have the right to inspect the information held about you. You always have the right to request Studio Technique to delete or correct the information held about you. By accepting the Studio Technique Conditions, you agree to the above.

Force Majeure

Events outside Studio Technique's control, which is not reasonably foreseeable, shall be considered force majeure, meaning that Studio Technique is released from Studio Technique's obligations to fulfill contractual agreements. Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.

Payment

All transfers conducted through Studio Technique are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

Acceptance of Terms

Studio Technique Artistic Training Inc. ("Studio Technique") welcomes you. The Service: Subject to the terms of this Agreement, Studio Technique Artistic Training Inc., an Ontario corporation (‘Company”) grants to you a limited, personal, non-transferable, and non-exclusive right to use the Educational services (the “Services”) during the Term of membership. Your use of the Services shall be strictly in accordance with this Agreement. Studio Technique provides the Studio Technique Master Classes, Courses, Artistic Training and Workshops (defined below) to you subject with the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.studio-technique.com. Description of Services by Studio Technique Artistic Training Inc: Studio Technique is a community dedicated to helping artists develop and cultivate their creative talents. The courses and workshops are taught by primarily by Samantha Youssef, as well as other guest master artists from the art and animation industry. The workshops and courses consist of a lectures and lessons through mentoring critique with an average running time of 2 to 3 hours per week, unless indicated otherwise in the workshop or course description page. The student will be able to participate in a live Q and A session. All students will have access to past recorded lessons of their course and the prior levels within their course domain. The format of both the live courses, live workshops, recorded courses and recorded workshops, is through “online streaming video”; therefore they are not available for download, recording or capturing as per the agreement between Studio Technique and the Artists (students). The content is only available for viewing for the duration of the course membership and may not be used in any form beyond this duration. You agree not to download, record, screen capture, or archive the course content in any way, so as not to compromise the intellectual property of Studio Technique. You also understand and agree that Studio Technique courses and submitted content may be included in Studio Technique promotional content, and that this promotional content is necessary for Studio Technique Artistic Training Inc to promote Studio Technique. You also understand and agree that the Studio Technique website may include certain communications from Studio Technique, such as service announcements, administrative messages and the Studio Technique Newsletter, and that these communications are considered part of the Studio Technique membership. Unless explicitly stated otherwise, any new features that augments or enhances the current Studio Technique courses, including the release of new Studio Technique properties, shall be subject to the TOS. Nothing in this Agreement grants or transfers to you any ownership rights in the Service, including the software and other intellectual property rights related to the Service. You understand and agree that the Studio Technique workshops and courses are provided "as-is" and that Studio Technique assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Studio Technique courses and workshops, and that access may involve third-party fees (such as your Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment (example: artistic materials, software, computer) necessary to participate in the Studio Technique courses and workshops. You agree to comply with our TOS and all applicable laws and regulations, including, but not limited to, those related to copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You understand that the technical processing and transmission of the Studio Technique courses and workshops, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Once again, please be aware that Studio Technique has created certain areas on the Studio Technique courses and workshops that contain adult or mature content. You must be at least 18 years of age to access and view such areas (example: nude or partially figures for figure drawing or anatomical references), or have prior written parental consent.

Your Registration Obligations

In consideration of your use of the Studio Technique courses and workshops, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Studio Technique courses and workshops under the laws of your applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Studio Technique registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Studio Technique has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Studio Technique has the right to suspend or terminate your account and refuse any and all current or future use of the Studio Technique courses and workshops (or any portion thereof). Studio Technique is concerned about the safety and privacy of all its users. For this reason, parents of children under the age of 16 shall remember that the Studio Technique courses and workshops are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Studio Technique courses and workshops and/or Content are appropriate for your child. Payment: For access to and use of the Service, you agree to pay the amounts set forth in the Fee Schedule with Company. The Fee will be charged whether you use the Services or not.

Studio Technique Privacy Policy

Registration Data and certain other information about you are subject to our applicable privacy policy. You understand that through your use of the Studio Technique courses and workshops you consent to the collection and use on the part of Studio Technique of this information, processing and use by Studio Technique and its affiliates. Studio Technique will not disclose your personal or private information to any outside parties, unless required to do so by law. You also accept not to disclose the Studio Technique Courses, Workshops and any affiliated Content through the site with any third parties. You agree to respect the intellectual property of Studio Technique.

Member Account, Password and Security

You will receive a password and an account designation upon completing the Studio Technique Registration process, nevertheless the virtual classroom will go live on the date advertised in the website. Remember to add a phone number in our registration form in case we cannot contact you by email. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree that your account and password are for your exclusive use only, and will not be shared with other parties. You agree to (a) immediately notify Studio Technique of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Until you notify the Company, you remain solely responsible for such unauthorized use and any damages that may result from it. Studio Technique cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not Studio Technique, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Studio Technique courses and workshops. Although monitored, Studio Technique does not control all the Content posted via the Studio Technique Courses and Workshops and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Studio Technique Courses and Workshops, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Studio Technique be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Studio Technique Courses and Workshops.
You agree to NOT use the Studio Technique Courses and Workshops to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm others (including minors) in any way;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
disrupt the normal flow of dialogue within a course session in unnecessary or beyond acceptable terms, cause a screen to "scroll" faster than other users of the Studio Technique classes are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You acknowledge that Studio Technique may or may not pre-screen Content, but that Studio Technique and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Studio Technique Courses and Workshops. Without limiting the foregoing, Studio Technique and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You acknowledge, consent and agree that Studio Technique may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Studio Technique, its users and the public.
You understand that the Studio Technique Courses and Workshops and software embodied within the Studio Technique Courses and Workshops may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Studio Technique and/or content providers who provide content to the Studio Technique Courses and Workshops. You may not attempt to override or circumvent any of the usage rules embedded into the Studio Technique Courses and Workshops. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Studio Technique Courses and Workshops, in whole or in part, is strictly prohibited.

Indemnity

You agree to indemnify and hold Studio Technique and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Studio Technique Courses and Workshops, your use of the Studio Technique Courses and Workshops, your connection to the Studio Technique Courses and Workshops, your violation of the TOS, or your violation of any rights of another.

No Commercial or Personal Reuse of Studio Technique Content

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or non-commercial purposes, any portion or use of, or access to, the Studio Technique Courses and Workshops (including Content, advertisements, software and your Studio Technique ID).

Modifications to Studio Technique Courses and Workshops

Studio Technique reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Studio Technique Courses and Workshops (or any part thereof) with or without notice. You agree that Studio Technique shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Studio Technique Courses and Workshops (or any part thereof).

Term and Termination

You may terminate your Studio Technique account, any associated email address and access to the Studio Technique Courses and Workshops by submitting such termination request to Studio Technique. You agree that Studio Technique may, with or without prior notice, immediately terminate, limit your access to or suspend your Studio Technique account, any associated email address, and access to the Studio Technique Courses and Workshops. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines here described, (b) requests by law enforcement or other government agencies, (c) violates any intellectual property rights of Company or a third party, (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Studio Technique Courses and Workshops, h) violates any export or import regulations, i) May expose Company to potential legal liability. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Studio Technique's sole discretion and that Studio Technique shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Studio Technique Courses and Workshops. Termination of your Studio Technique account includes any or all of the following: (a) removal of access to all or part of the offerings within the Studio Technique Courses and Workshops, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Studio Technique Courses and Workshops. You remain liable for the full workshop or workshops you registered during which your Service is suspended or terminated.

Links

Studio Technique may provide, or third parties may provide, links to other Web sites or resources. You acknowledge and agree that Studio Technique is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Studio Technique shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Studio Technique Proprietary Rights

You acknowledge and agree that Studio Technique and any necessary software used in connection with Studio Technique ("Site") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in or information presented to you through the Studio Technique Courses and Workshops or by its contractors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Studio Technique or the applicable licensor (such as an instructor), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Studio Technique Courses and Workshops, such Content or the Site, in whole or in part. Studio Technique grants you a personal, non-transferable and non-exclusive right and license to use its Site, granted you agree not to access the Studio Technique Courses and Workshops by any means other than through the interface that is provided by Studio Technique for use in accessing the Studio Technique Courses and Workshops. You agree not to modify the Site in any manner or form, nor to use modified versions of the site, including (without limitation) for the purpose of obtaining unauthorized access to the Studio Technique Courses and Workshops.

Disclaimer of Warranties

You expressly understand and agree to that:

Your use of the Studio Technique Courses and Workshops and site are at your sole risk. Studio Technique and site are provided on an "as is" and "as available" basis. Studio Technique and its subsidiaries, affiliates, officers, employees, agents, partners, contractors and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Studio Technique and its subsidiaries, affiliates, officers, employees, agents, partners, contractors and licensors make no warranty that (i) the Studio Technique Courses and Workshops or site will meet your requirements; (ii) the Studio Technique Courses and Workshops or site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Studio Technique Courses and Workshops or site will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through Studio Technique will meet your expectations; and (v) any errors in the site will be corrected.
Any material downloaded or otherwise obtained through the use of the Studio Technique or site is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Studio Technique or through or from the Studio Technique Courses and Workshops or site shall create any warranty not expressly stated in the TOS.
A small percentage of users may experience health complications when exposed to certain light patterns or backgrounds on a computer screen. If you, or anyone in your family, have an conditions related to screening technology, consult your physician prior to using the Studio Technique service and proceed with online streaming education at your own discretion and risk.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT STUDIO TECHNIQUE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STUDIO TECHNIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE STUDIO TECHNIQUE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE STUDIO TECHNIQUE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE STUDIO TECHNIQUE SERVICE.

Exclusions and Limitations

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 OF SECTIONS 13 MAY NOT APPLY TO YOU.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Notice

Studio Technique may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, messaging, text message, postings on the Studio Technique Courses and Workshops, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing Studio Technique Courses and Workshops in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Studio Technique Courses and Workshops in an authorized manner.

Trademark Information

You agree that all of Studio Technique Artistic Training Inc.’s trademarks, trade names, service marks and other Studio Technique logos and brand features, and product and service names are trademarks and the property of Studio Technique Artistic Training Inc. Without Studio Technique’s prior permission, you agree not to display or use in any manner the Studio Technique brands and marks.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

Studio Technique respects the intellectual property of others, and we ask our users to do the same. Studio Technique may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Studio Technique’s site administrator the following information:
an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Studio Technique's site administrator can be reached through the Studio Technique website’s Contact page: www.studio-technique.com

General Information

Entire Agreement
The TOS constitutes the entire agreement between you and Studio Technique and governs your use of the Studio Technique Courses and Workshops, superseding any prior version of this TOS between you and Studio Technique with respect to the Studio Technique Courses and Workshops. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Studio Technique Courses and Workshops, affiliate services, third-party content or third-party software.
Choice of Law and Forum
You and Studio Technique each agree that the TOS and the relationship between the parties shall be governed by the laws in the province of Ontario, Canada, without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Studio Technique, shall be brought exclusively in the courts located in the province of Ontario, Canada.
Waiver and Severability of Terms
The failure of Studio Technique to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Studio Technique account is non-transferable.
Statute of Limitations
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 Studio Technique Courses and Workshops or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations

Please report any violations of the TOS to Studio Technique.

The section dividing titles in the TOS are for convenience and organization only and have no legal or contractual effect.

BY USING SERVICES PROVIDED BY STUDIO TECHNIQUE ARTISTIC TRAINING INC. YOU ACKNOWLEDGE THAT YOU HAVE COMPLETELY READ AND ACCEPT THIS END OF USER AGREEMENT AND TERM OF SERVICE POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.