Artsugi, Inc. (“ARTSUGI,” “Website” or “Company”) offers use of its website (artsugi.com) according to these Terms of Service.  Individuals who use the website shall hereafter be referred to as “Course Instructors,” “Instructors,” “Teachers,” “Students,” “Content Providers,” “Users,” “Members,” “Visitors,” “Viewers,” “Audience,” or “Content Uploaders.” Any materials uploaded to ARTSUGI (including user comments, forum posts, media, information, etc.) shall hereafter be referred to as “Media,” “Content,” “Material,” “Property,” “Information,” or “Posts.” Use of the ARTSUGI website constitutes the user’s acceptance of these Terms of Service and this agreement. ARTSUGI reserves the right to modify these terms without notice. User must diligently review the Terms of Service. User’s continued use of the ARTSUGI website or any of its services constitutes acceptance of these terms and any modification thereof. Violation of any terms may result in termination of User’s account. ARTSUGI reserves the right to terminate any user account for any reason and without warning.

 

THESE TERMS OF AGREEMENT GOVERN YOUR USE OF THIS SITE: READ IT!

 

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, LEAVE THIS WEBSITE IMMEDIATELY.

 

User Accounts

 

User must take reasonable steps to maintain the security and privacy of his or her account. ARTSUGI takes reasonable security precautions that are in line with the standards of its industry. ARTSUGI shall not be responsible for any damage due to unauthorized account access.

 

License and Site Access

 

ARTSUGI grants users a limited license to access and make personal use of this site and not to download, copy, imitate, falsely represent, or modify it, or any portion of it, except with express written consent of ARTSUGI. Any unauthorized use terminates the permission or license granted. You are granted a nonexclusive, revocable right to create a hyperlink to the ARTSUGI website.

 

Use Restriction

 

There are certain uses of the ARTSUGI platform that are not permitted. These include but are not limited to:

• to distribute unsolicited emails or messages (spam);
• for unlawful purposes;
• to distribute obscene, pornographic, threatening, or hateful material;
• to spread computer viruses or malware;
• to send threats to users, Company personnel or anyone else;
• to violate the security of another user’s private/personal information (name, address, image, etc.) without their consent or in any way that may be harmful to said user;
• to violate the security of an underage user’s (younger than 18 years old) private/personal information (name, address, image, etc.) in any way, in any circumstance, and for any reason;
• to take, steal, or infringe upon the works or rights of others;
• to upload materials that do not belong to the user (or which the user does not have granted permission, consent, or license from the materials’ owners to upload); or
• for any other purpose other than ARTSUGI’s intended use.

 

Right to Terminate

 

ARTSUGI reserves the right to terminate or restrict any User’s account; to block any User; or to delete/remove any User’s content at any time and for any reason. Violation of any of these Terms of Service will result in termination of the violators account. If a User makes repeated violations under different accounts, User agrees that ARTSUGI has the right to block the violating IP address in order to prevent further and continued violations.

 

Age Requirements

 

User warrants that he or she is at least 18 years of age, or is under the age of 18 with parental permission to use (and parental supervision in using) the website. Use of the ARTSUGI website or services to those under the age of 18 is permitted. However, those Users under the age of 18 must receive permission from and be supervised by their parents or guardians when using the website. Users under the age of 18 (or their parents/guardians) agree to mark (update) their user profiles with their correct dates of birth.

 

Course Content

 

ARTSUGI makes no representation on the quality or content of courses. Users purchase courses at their own risk. Each individual course instructor maintains their own policy regarding student satisfaction. Users/students should attempt to resolve any disputes regarding courses or course content with the course instructor.

 

User agrees to indemnify and hold harmless ARTSUGI of any and all conflicts or disputes that may arise between sellers (course creators; instructors) and buyers (course purchasers; students). User understands that ARTSUGI is in no way responsible nor liable a) for instructors’ actions, behavior, statements, or sentiments; b) for the quality of, sentiments expressed in, statements made by, or the truth or accuracy of instructors’ media and course content; c) for the quality of instructors’ instruction; and d) for instructors’ refund policies (or lack thereof). User also releases ARTSUGI of any and all responsibility or liability for any and all conflicts or disputes that may arise through the use of ARTSUGI’s 3rd party payment gateway provider (Paypal), and understands and agrees that any conflicts, disputes, or errors (glitches/mistakes) that result from utilizing the payment gateway (including but not limited to payment processing fees and user-to-user transactions/debits/charges/bills) must be exclusively dealt with (resolved) between the User and the 3rd party payment processor (Paypal).

 

If a course instructor has a policy that includes course refunds, User understands that due to administrative costs and fees, USER MAY ONLY RECEIVE A MAXIMUM REFUND OF 80-95% OF THE TOTAL AMOUNT ORIGINALLY PAID TO THE INSTRUCTOR (80% if the course instructor is a basic member --a free user-- and 95% if the course instructor is a premium member --a subscribed user). As such, users should purchase courses with the utmost of caution and with the understanding that, notwithstanding an instructor’s return policy, 100% of the money paid will NOT be returned.

 

Refund Policy

 

ARTSUGI’s general policy is that there are no course refunds, advertisement refunds, nor premium account refunds.

 

Premium Accounts

ARTSUGI provides users of premium accounts with a 10-day trial period. During this trial period, users may experience the features of a premium account.  If, at the end of the trial period, the user has not cancelled his or her premium membership, the user’s payment for the premium membership becomes nonrefundable.

 

In the event that a premium membership account is terminated due to illegal activity, violation of the intellectual property rights of another, or any other breach of these terms of use, the user is not entitled to a full refund nor a pro rata refund for the amount of time remaining on the premium membership.

 

Courses

ARTSUGI does not refund course payments. Individual instructors may have an independent policy in providing course refunds. In the event that a User purchases a course from an individual instructor, ARTSUGI will charge a nonrefundable fee to the instructor that is equivalent to 5-20% of the total cost of the course (20% if the course instructor is a basic member --a free user-- and 5% if the course instructor is a premium member --a subscribed user). This fee is necessary to keep the general costs of Artsugi low, and it is a representation of the administrative costs and fees ARTSUGI incurs with each transaction. Thus, even if a course states that it is refundable, the highest amount a user will be refunded is 80-95% of the transaction price.  By purchasing a course, User warrants that he or she understands and agrees with this policy. If an instructor says he or she will give a refund but does not do so, ARTSUGI is not liable for such non refund. Please report such instances to ARTSUGI and ARTSUGI will make attempts to work with the course instructor to remedy the situation. However, User understands and agrees that, regardless of any assumptions or inferences, ARTSUGI does NOT make any promises or guarantees as to any type of resolution or remedy of conflicts or disputes between students (buyers) and instructors (sellers).

 

User agrees to release ARTSUGI of any and all responsibilities associated with --and understands that ARTSUGI has no obligation or ability to-- mandate, issue, or force refunds between buyers (students) and sellers (instructors). User understands and agrees that ARTSUGI is NOT responsible nor liable for any and all user-to-user transactions (charges, debits, bills, or payments), refunds, errors/glitches or disputes revolving around payments sent or received via Paypal, and that any such matters need to be taken up (resolved) through Paypal’s support system. User understands and agrees that ARTSUGI is not responsible for any and all processing fees associated with Paypal’s third-party payment gateway, and that Paypal is solely responsible for any fees associated with their services.

 

Payment Terms

 

All payments to ARTSUGI (for Advertisements, Subscriptions, Course Commission Fees, etc.) shall be made online with the use of Paypal or a debit/credit card (via Paypal).  Any refunds shall require a 5% processing fee that will not be refunded whatsoever. User understands and agrees that ARTSUGI is NOT responsible nor liable for any and all errors (glitches/mistakes) resulting from transactions sent or received via Paypal, and that any such matters need to be taken up (resolved) through Paypal’s support system. User understands and agrees that ARTSUGI is not responsible for any and all processing fees associated with Paypal’s third-party payment gateway, and that Paypal is solely responsible for any fees associated with their services.

 

Intellectual Property

 

ARTSUGI reserves all rights to its trademark, its name, website, and logo. ARTSUGI reserves all copyrights to content it created for its website and services. Content on this site, such as text, graphics, logos, icons, images, audio clips, video clips, and other media are the property of ARTSUGI or ARTSUGI has an unlimited license to use such media. All users/visitors of this site confirm that they will not violate or infringe upon any intellectual property rights (of ARTSUGI, of any other user, or of any other individual). ARTSUGI also hosts third party materials, such as content created or submitted by ARTSUGI community users. ARTSUGI has an irrevocable license to use this content in perpetuity throughout the world.

 

ARTSUGI is a communal website, and as such, it cannot be and is not responsible for any content posted by other community users. If you believe a user’s post or uploaded content infringes on your intellectual property, please follow our DMCA Notice Procedure.

 

User Created Content

By uploading content to this website, the uploader/user agrees to ARTSUGI’s Content Provider Agreement, and gives ARTSUGI a license to use such content on its website and for promotional uses throughout the world.

 

Content Licenses

 

Content Uploaders shall maintain their respective intellectual property rights with all uploaded content. However, by uploading their content, all Content Uploaders grant ARTSUGI a nonexclusive, perpetual, irrevocable, royalty-free, compensation-free, worldwide license to use their names and uploaded content on its website and for (external or internal) promotional uses throughout the world, an unlimited number of times in perpetuity. Said license will extend to the use of the names, voices, and likenesses of any and all persons, characters, or locations that may be found within any components of the media that the Content Uploaders voluntarily upload to the website.

 

Without in any way limiting their respective intellectual property rights, Content Uploaders acknowledge that ARTSUGI has the full and unrestricted right to edit their uploaded content in connection with the licenses granted and described within this Agreement. Content Uploaders hereby waive any right of inspection or approval of their uploaded and/or edited media in connection with the uses to which such media may be put as described within the bounds of this Agreement. Content Uploaders recognize that ARTSUGI is also not mandated or obligated (nor does ARTSUGI make any promise or guarantee) in any way to utilize their uploaded contehttnt for any specific purpose. ARTSUGI may use or not use this license as it deems necessary.

 

DMCA Notice Procedure

 

ARTSUGI respects the intellectual property rights of others. ARTSUGI puts forth reasonable efforts to insure that its site does not infringe upon the intellectual property rights of others. If you believe that material on the ARTSUGI site infringes against your intellectual property, please send the following information to reports@artsugi.com:

 

• A description of the intellectual property that is being infringed upon;
• A description of the location of the infringing property—hyperlink works best;
• Your name, address, telephone number, and email address;
• A statement that you believe in good faith that the material is not authorized for use by the intellectual property owner, its agent, or under the law;
• A statement by you, made under penalty of perjury, that the above information is true and correct and that you are the intellectual property owner or an authorized person acting on behalf of the intellectual property owner; and
• An electronic signature of the person attesting to the truth of the notice.
• Once a DMCA takedown notice is received, ARTSUGI will investigate the claim and take the steps it deems necessary in order to remove the infringing material.

 

Mature Content

 

ARTSUGI allows Content Uploaders to post artistic material to the website. ARTSUGI has a strict prohibition against pornographic material and any type of illegal content. Other artistic media, such as that depicting nudity, gore, foul language, graphic violence, or otherwise disturbing images/themes, may be deemed “mature” by some members of the community. Any one user (18 years old or over) who finds such mature media offensive should not use ARTSUGI, or else should only conduct restricted searches on the website using the Mature Content Filter (such user should mark the Mature Content Filter check box provided by ARTSUGI in the search boxes on the website prior to conducting any and all searches for content).

 

Any users that are not of the appropriate age (18 years old or over) to review mature material must mark (update) their user profiles with their correct dates of birth. ARTSUGI automatically hides any content that is marked as “mature” from the view of users listed as underage (under the age of 18 years old). Underage users must additionally use ARTSUGI with permission from their parents or guardians (parental guidance is required). If any users fail to mark their profile pages with their correct dates of birth, ARTSUGI reserves the right to delete or cancel the users’ memberships without warning and at any time. Users may update their dates of birth on their user profiles via the “Settings” section of the website.

 

When possible, ARTSUGI will use reasonable efforts to give additional notice when a user may be entering a portion of the site that contains mature content. Nonetheless, due to the communal nature of the service, ARTSUGI cannot provide additional warning for every single piece of art. Users will have the option to enable a mature content filter that assists in circumventing mature content. ARTSUGI cannot guarantee that said content filter will filter 100% of potentially mature content.

 

Users uploading media to the website are required to designate mature content as such (by marking the Mature Content check box that ARTSUGI provides on all media upload forms on the website). Failure to do so shall result in removal of the questionable media and a possible ban of the offending user. Since ARTSUGI is a communal website in which it is the responsibility of all community members uploading media to the website (content uploaders) to appropriately mark their media as possessing mature content, ARTSUGI cannot and does not make any guarantees that any users will never come across (view, hear, or read) mature or offensive content at any time on the website, and ARTSUGI is in no way liable for any such instances.

 

ARTSUGI does not have an initial content screening process. If you believe material posted on the site by a ARTSUGI community member is not appropriately marked as containing mature content, please send an email stating your name, contact information, a hyperlink to the inappropriate material, a description of the material in question, and the reason you believe the material should be marked as “mature content” to reports@artsugi.com.

 

ARTSUGI reserves the full right to determine what constitutes inappropriate, pornographic, threatening, or mature content; and ARTSUGI reserves the full right to delete any content or ban/cancel the membership of any Content Uploader, at any time and without warning, if it feels any uploaded content of any user does not abide by these guidelines.

 

Privacy Policy

 

ARTSUGI does not sell private information to third parties. “Private Information” is deemed any information that does not appear on a user’s public ARTSUGI profile nor on any webpages associated with courses. Private information specifically consists of address, email, phone number, and credit card information. Note that any other content that users decide to post within their courses, profile pages, discussion boards, forums, comment threads, and the like may be visible to the public. All public information and content may be used by ARTSUGI for promotional and other commercial uses.

 

Feedback Forum

 

Because of the communal nature of ARTSUGI, one of ARTSUGI’s features is a feedback forum. This forum allows community members to assist other community members with questions. By submitting a “Public” question to the feedback forum, the User understands that everyone in the ARTSUGI community can see the question, and anyone in the ARTSUGI community, no matter their expertise, can answer the question.

 

ARTSUGI is in no way responsible for the level of expertise, the quality of aid, or the accuracy of advice of the users assisting other members in the feedback forum. Users understand that they are to take the advice of other users in the feedback forum at their own risk. Dissemination of any private/personal information (login credentials, billing information, etc.) to other users via the feedback forum is not recommended. This type of action may be dangerous and should not be taken.

 

Inappropriate or Illegal Content

 

ARTSUGI does not have an initial content screening process. If you believe material posted on the site by an ARTSUGI community member is inappropriate or illegal for any reason, please send an email stating your name, contact information, a hyperlink to the inappropriate material, a description of the inappropriate material, and the reason you believe the material should be removed to reports@artsugi.com.

 

Limitation of Liability

 

ARTSUGI makes no warranties regarding the safety, fitness for any particular purposes, abilities, functions or the like regarding use of its website or services. USERS VOLUNTARILY USE SITE AT THEIR OWN RISK. The site and all information, content, materials, products, and services included or otherwise made available to users is provided by ARTSUGI on an “as is” and “as available” basis. 

 

UNDER NO CIRCUMSTANCES WILL ARTSUGI’S LIABILITY EXCEED THE AMOUNT THAT A USER HAS PAID TO ARTSUGI HEREUNDER. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, ARTSUGI AND ITS OWNERS, OFFICERS, SUCCESSORS, PERSONNEL, HEIRS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY CONSEQUENTIAL, SPECIAL, OR STATUTORY DAMAGES, LOSS OF REVENUE, LOST PROFITS, LOSS OF CONTENT, LOSS OF DATA, PRIVACY LOSS, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IN THE CASE OF STRICT LIABILITY, INTENTIONAL TORTS, NEGLIGENCE TORTS, OR BREACH OF CONTRACT.

 

Some jurisdictions do not allow limitations on liability, limitations on implied warranties and/or the limitation of certain damages.  If user is in one of these jurisdictions, some or all of the disclaimers contained within these Terms of Service may not apply to that user.  If any part of these Terms of Service are found to be unlawful, it shall have no effect on any other provision.

 

Community Users & Safety

 

ARTSUGI is an open community that welcomes those with expertise in the arts, love of the arts, or those wanting to learn or experience the arts. ARTSUGI does not engage in any type of screening process for ARTSUGI community users/members. USERS BEWARE of providing other ARTSUGI users, even course instructors, with personal information. Dissemination of such information is not recommended.  It is also not recommended that users personally meet with other users that they did not know before joining the ARTSUGI community. This type of action may be extremely dangerous and should not be taken.

 

ARTSUGI does not screen Users of the platform. Meeting Users outside of this online network, or entering into deals with Users outside of this network, or exchanging personal information with users is not recommend.  THIS CAN BE DANGEROUS AND POSSIBLY LIFE THREATENING! ARTSUGI is not liable for any damages that may occur from such actions.

 

ARTSUGI Warranties

 

ARTSUGI makes no warranties unless they are expressly stated within these Terms of Service. ARTSUGI expressly disclaims any alleged implied warranties or conditions, merchantability, fitness for a particular purposes, or any other warranties. User assumes all risks with using the service. There are no guarantees that users will be able to upload content. There are no guarantees as to the website’s uptime or downtime. ARTSUGI may take the website down at any time, without any warning, for any reason.

 

Miscellaneous Terms

 

Governing Law and Venue

User irrevocably consents that the venue for resolving matters regarding ARTSUGI, the ARTSUGI website, or any of its services shall be in the County of Los Angeles, California, under the laws of the State of California.

 

Severability 

If any court finds any provision of this Agreement invalid or unenforceable, it shall not void any other legal, valid, and enforceable provision of this Agreement. The remainder of this Agreement shall be interpreted so as best to affect the intent of the Parties.

 

Waiver

The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights. No provisions in this Agreement shall be deemed to have been waived by any act, acquiescence, or omission by either Party.  Waiver may only take place in the event of a written modification signed by an authorized agent of each Party.

 

Agreement

By using the ARTSUGI website or any ARTSUGI services, user agrees to all terms within this Terms of Service.

 

Indemnification

Except to the extent of the negligence or willful act or omission of ARTSUGI, user agrees to defend, indemnify, save and hold harmless, ARTSUGI and its stakeholders, officers, employees (including any freelancers and other independent contractors or subcontractors providing services), successors, heirs, and assigns from any and all third party claims, demands, suits, actions, judgments, damages, costs, losses, expenses (including reasonable attorney fees and costs), and other liabilities arising as a result of actions or omissions taken by user in connection with ARTSUGI. Any settlement user enters into that is intended to bind ARTSUGI may not be entered into without ARTSUGI’s prior written consent.

 

ARTSUGI RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME, FOR ANY REASON, AND WITHOUT WARNING. REVIEW THESE TERMS OFTEN. ARTSUGI ALSO RESERVES THE RIGHT TO BLOCK, BAN, REMOVE, DELETE, OR RESTRICT ANY MEMBER OR ANY UPLOADED CONTENT AT ANY TIME, FOR ANY REASON, AND WITHOUT WARNING.