TERMS AND SERVICES
Last Updated: May 15, 2021
This Bluewinnie Art Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Artistic Wonders, LLC. (“Artistic Wonders, LLC,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of Bluewinnie Art owned-and-operated websites, curriculums, and embeddable videos.
Notice: Section 11 of this Agreement contains a mandatory ARBITRATION AGREEMENT for certain privacy claims that you or Bluewinnie Art could assert. By using our Services and accepting this Agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs with respect to such claims.
By viewing videos, curriculum, teaching guide, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically. The person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
2. Our Services
Curriculum: You have access to up to five lessons every month for up to two months. The new curriculum will be uploaded on the 15th of every month.
Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from Bluewinnie Art at this email address.
Organizational Accounts: Corporate, school, and other organizational users must publicly display the legal name of their entity on their public account profile.
Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Subscription Plans
Plan Types: We offer a 1-Month paid trial and Monthly/Annual paid subscriptions that allow you to access our video content. Advertised prices and features may change.
Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods.
Refund Policy: Subject to the terms hereof, subscribers who purchase plans directly from Bluewinnie Art may cancel their initial purchase within thirty (30) days of the following scheduled payment date.
1 Month trial: This purchase is non-refundable.
Monthly membership: Cancellation of a Monthly subscription will be allowed within thirty (30) days of the following scheduled payment date.
Yearly membership: A pro-rated refund will be allowed. The pro-rated refund will consist of funds applicable to the remaining months. For example, the pro-rated refund for a cancellation initiated in January will consist of fees applicable to the February and any remaining following months.
Our refund policy does not apply to:
Attempted abuse of the refund policy (i.e., by subscribing and requesting refunds repeatedly);
Subscription renewals or migrations to other plans;
Requests made after the specified periods;
Customers who have breached this Agreement or whose accounts were terminated per our Copyright Policy;
Customers who joined using a promotion that expressly disclaimed our refund policy; or
Customers who have initiated a chargeback dispute.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless canceled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts.
The User agrees to the following when using Bluewinnie Art’s Services:
Not to impersonate any person or entity, including, but not limited to, a Bluewinnie Art employee, staff member, guide or guest, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Not to copy, modify, decompile, disassemble, translate into another computer language, create derivative works, access the source code, hack, decrypt, rename files.
Not to permit the use of the Services by anyone other than the User or other authorized Users;
Not to forge headers of postings, e-mails, or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Services;
Not to upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy in any manner, hateful, or racially, ethnically or otherwise objectionable;
Not to upload, post, e-mail, 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 or confidential disclosure agreements);
Not to upload, post, e-mail, transmit, or otherwise make available any Content that can be considered confidential or sensitive in nature;
Not to upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or any other proprietary and lawful rights of any third party;
Not to upload, post, e-mail, transmit, or otherwise make available any Content that would negatively affect the functioning of the system or would impose an unreasonable or disproportionately large load or burden on Bluewinnie Art systems;
Not to intentionally or unintentionally violate any local, state, national, or international law (including applicable export or re-export control laws and regulations);
Not to collect or store personal data about other users, unless such action is consistent with the use of Bluewinnie Art services; and
Not to facilitate, encourage, or otherwise support any User’s acts that violate the terms of this Agreement.
Bluewinnie Art reserves the right to suspend or terminate Services to any User, if Bluewinnie Art, in its sole discretion, determines that a user does not comply with these terms.