Terms of use | UArtsy

Terms of use

Terms and Conditions

 

1. Introduction

THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF UArtsy.COM, YouSculpt LLC d/b/a UArtsy.COM “OUR”, “WE”, “COMPANY” OR “UArtsy.COM”, “ZBW”) SOFTWARE, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “PRODUCTS”). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE "SIGNUP" OR “REGISTER” BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COMPANY PRODUCTS. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

 

2. AMENDMENTS

UARTSY RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS FROM TIME TO TIME AND SO YOU SHOULD CHECK THESE REGULARLY. YOUR CONTINUED USE OF THE SERVICE WILL BE DEEMED ACCEPTANCE OF THE UPDATED OR AMENDED TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE CHANGES, YOU SHOULD CEASE USING THE SERVICE.

 

3. SIGN UP & REGISTRATION

IN ORDER TO OBTAIN ACCESS TO THE SOME SERVICES, YOU MUST CREATE A UARTSY ACCOUNT ("USER ACCOUNT") AND PAY THE APPROPRIATE FEES FOR ACCESS TO THE SERVICES YOU REQUEST. BY CREATING A USER ACCOUNT, YOU REPRESENT AND WARRANT THE INFORMATION YOU PROVIDE IS ACCURATE AND COMPLETE. YOU MAY NEVER USE ANOTHER'S ACCOUNT OR SHARE YOUR USER ACCOUNT WITH OTHERS. AN INSTITUTION MAY NOT PURCHASE A SINGLE USER ACCOUNT AND SHARE THAT USER ACCOUNT AMONG MULTIPLE EMPLOYEES. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR PASSWORD AND ARE SOLELY RESPONSIBLE FOR THE ACTIVITY THAT OCCURS ON YOUR USER ACCOUNT. IF YOU BELIEVE YOUR USER ACCOUNT HAS BEEN BREACHED OR USED IN ANY UNAUTHORIZED MANNER, YOU MUST NOTIFY UARTSY IMMEDIATELY. UARTSY IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSSES CAUSED BY UNAUTHORIZED USE OF YOUR USER ACCOUNT. YOU, HOWEVER, MAY BE RESPONSIBLE TO UARTSY FOR ANY HARM UARTSY INCURS DUE TO UNAUTHORIZED USE OF YOUR USER ACCOUNT. BY SUBSCRIBING TO THE SERVICES AND CREATING A USER ACCOUNT, YOU ALSO AGREE TO THE PROVISIONS OF THE UARTSY PRIVACY POLICY, WHICH ARE ALL INCORPORATED HEREIN BY REFERENCE. THIS AGREEMENT AND PRIVACY POLICY INCLUDE IMPORTANT LEGAL INFORMATION, INCLUDING THE EXCLUSION OF CERTAIN WARRANTIES AND REMEDIES. YOU ARE RESPONSIBLE FOR REVIEWING THIS AGREEMENT AND THE PRIVACY POLICY.

 

4. PERSONAL INFORMATION

WHEN CREATING A USER ACCOUNT OR USING THE SERVICES, YOU WILL PROVIDE CERTAIN PERSONAL INFORMATION TO US ("USER INFORMATION"). IN ADDITION TO ANY PROVISIONS OF OUR PRIVACY POLICY AT, YOU AGREE THAT WE MAY USE YOUR USER INFORMATION TO CONTACT YOU REGARDING SERVICES WE PROVIDE. WE MAY ALSO PROVIDE YOUR E-MAIL ADDRESS OR CONTACT INFORMATION TO OUR AFFILIATES FOR MARKETING OUR SERVICES. IF YOU WOULD PREFER NOT TO RECEIVE MARKETING OR ADVERTISING, YOU MUST NOTIFY UARTSY REQUESTING REMOVAL FROM OUR CONTACT LISTS. UARTSY USES A THIRD PARTY TO PROCESS CREDIT CARD PURCHASES AND DOES NOT RETAIN RECORDS THAT INCLUDE FULL CREDIT CARD ACCOUNT NUMBERS. UARTSY MAY, HOWEVER, OBTAIN AND RETAIN PORTIONS, SUCH AS THE LAST FOUR DIGITS, OF A CREDIT CARD NUMBER IN ORDER TO LATER VERIFY CUSTOMER PURCHASES.

 

5. FEES AND REFUND POLICY

FEES CHARGED FOR ACCESS AND THE VIEWING OF ONDEMAND CONTENT AND LIVE MASTER CLASSES THROUGH OUR WEBSITE ARE SUBJECT TO CHANGE AT ANY TIME.

ZBRUSHWORKSHOPS/UARTSY OFFERS USERS A THIRTY (30)-DAY, NO-QUESTIONS-ASKED MONEY BACK GUARANTEE ON "LIVE MENTORED CLASSES" THAT ARE PURCHASED THROUGH ZBRUSHWORKSHOPS.COM/UARTSY.COM. IF YOU, AS A USER, ARE UNHAPPY WITH SUCH A CLASS AND REQUEST A REFUND WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU PAID FOR ACCESS TO THAT COURSE, WE WILL PROVIDE YOU WITH A FULL REFUND OF THE AMOUNT YOU PAID. TO REQUEST A REFUND, PLEASE CONTACT US VIA [email protected]

WE GENERALLY DO NOT ISSUE REFUNDS FOR ONDEMAND CONTENT ONCE YOU HAVE ACCESSED OR VIEWED IT. THIS IS PRINCIPALLY BECAUSE, ONCE YOU HAVE VIEWED AN ONDEMAND CONTENT, THERE IS NO WAY TO "UN-VIEW" IT. ALSO, ONCE YOU TAKE POSSESSION OF A DIGITAL COPY OF A CLASS OR INSTRUCTIONAL PROGRAM, WE HAVE NO WAY TO FORCE YOU TO GIVE IT BACK AND, EVEN IF YOU DID, WE HAVE NO ASSURANCES THAT YOU RETURNED YOUR ONLY COPY. THIS BEING SAID, UARTSY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DECIDE WHETHER TO GIVE FULL OR PARTIAL REFUNDS IN ACCORDANCE WITH OUR LICENSING TERMS.

PLEASE NOTE THAT IF WE BELIEVE THAT YOU ARE ABUSING OUR REFUND POLICY IN OUR SOLE DISCRETION, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE OR RESTRICT ANY AND ALL CURRENT OR FUTURE USE OF THE COMPANY PRODUCTS, WITHOUT ANY LIABILITY TO YOU.

 

6. Content, Licenses & Permissions

ALL SOFTWARE, TECHNOLOGY, DESIGNS, MATERIALS, INFORMATION, COMMUNICATIONS, TEXT, GRAPHICS, LINKS, ELECTRONIC ART, ANIMATIONS, ILLUSTRATIONS, ARTWORK, AUDIO CLIPS, VIDEO CLIPS, PHOTOS, IMAGES, REVIEWS, IDEAS, AND OTHER DATA OR COPYRIGHTABLE MATERIALS OR CONTENT, INCLUDING THE SELECTION AND ARRANGEMENTS THEREOF IS “CONTENT.” WHERE THE COMPANY PROVIDES CONTENT TO YOU IN CONNECTION WITH THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE SOFTWARE AND THE PRODUCTS AND THE SITE, IT IS “COMPANY CONTENT.” CONTENT UPLOADED, TRANSMITTED OR POSTED TO THE SITE OR THROUGH THE PRODUCTS BY A USER OR INSTRUCTOR IS “SUBMITTED CONTENT.” CONTENT REMAINS THE PROPRIETARY PROPERTY OF THE PERSON OR ENTITY SUPPLYING IT (OR THEIR AFFILIATED AND/OR THIRD PARTY PROVIDERS AND SUPPLIERS) AND IS PROTECTED, WITHOUT LIMITATION, PURSUANT TO U.S. AND FOREIGN COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE ALL LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS NECESSARY TO GRANT THE RIGHTS SET FORTH IN THESE TERMS TO COMPANY WITH RESPECT TO YOUR SUBMITTED CONTENT AND THAT COMPANY SHALL NOT NEED TO OBTAIN ANY LICENSES, RIGHTS, CONSENTS, OR PERMISSIONS FROM, OR MAKE ANY PAYMENTS TO, ANY THIRD PARTY FOR ANY USE OR EXPLOITATION OF YOUR SUBMITTED CONTENT AS AUTHORIZED IN THESE TERMS OR HAVE ANY LIABILITY TO YOU OR ANY OTHER PARTY AS A RESULT OF ANY USE OR EXPLOITATION OF YOUR SUBMITTED CONTENT AS AUTHORIZED IN THESE TERMS.

YOU HEREBY GRANT THE COMPANY A NON-EXCLUSIVE RIGHT AND LICENSE TO REPRODUCE, DISTRIBUTE, PUBLICLY PERFORM, OFFER, MARKET AND OTHERWISE USE AND EXPLOIT THE SUBMITTED CONTENT ON THE SITE AND THROUGH THE PRODUCTS, AND SUBLICENSE IT TO INSTRUCTORS AND USERS FOR THESE PURPOSES DIRECTLY OR THROUGH THIRD PARTIES. NOTWITHSTANDING THE FOREGOING, YOU HAVE THE RIGHT TO REMOVE ALL OR ANY PORTION OF YOUR SUBMITTED CONTENT FROM THE SITE AT ANY TIME. REMOVAL OF YOUR SUBMITTED CONTENT WILL TERMINATE THE FOREGOING LICENSE AND RIGHTS SIXTY (60) DAYS AFTER SUCH REMOVAL AS TO NEW USES, PROVIDED, HOWEVER, THAT ANY RIGHTS GIVEN TO USERS OR INSTRUCTORS PRIOR TO THAT TIME WILL CONTINUE IN ACCORDANCE WITH THE TERMS GRANTED TO SUCH USERS OR INSTRUCTORS.

THE COMPANY HEREBY GRANTS YOU (AS A USER) A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO ACCESS AND USE SUBMITTED CONTENT AND COMPANY CONTENT, FOR WHICH YOU HAVE PAID ALL REQUIRED FEES, SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL, EDUCATIONAL PURPOSES THROUGH THE SITE AND THE PRODUCTS, IN ACCORDANCE WITH THESE TERMS AND ANY CONDITIONS OR RESTRICTIONS ASSOCIATED WITH PARTICULAR COURSES OR PRODUCTS. ALL OTHER USES ARE EXPRESSLY PROHIBITED ABSENT OUR EXPRESS WRITTEN CONSENT. YOU MAY NOT REPRODUCE, REDISTRIBUTE, TRANSMIT, ASSIGN, SELL, BROADCAST, RENT, SHARE, LEND, MODIFY, ADAPT, EDIT, CREATE DERIVATIVE WORKS OF, LICENSE, OR OTHERWISE TRANSFER OR USE ANY SUBMITTED CONTENT OR COMPANY CONTENT UNLESS WE GIVE YOU EXPLICIT PERMISSION TO DO SO. SUBMITTED CONTENT AND COMPANY CONTENT IS LICENSED, AND NOT SOLD, TO YOU. INSTRUCTORS MAY NOT GRANT YOU LICENSE RIGHTS TO SUBMITTED CONTENT YOU ACCESS OR ACQUIRE THROUGH THE SERVICES AND ANY SUCH DIRECT LICENSE SHALL BE NULL AND VOID AND A VIOLATION OF THESE TERMS

YOU AGREE THAT WE MAY RECORD ALL OR ANY PART OF ANY COURSES (INCLUDING VOICE CHAT COMMUNICATIONS) FOR QUALITY CONTROL AND DELIVERING, MARKETING, PROMOTING, DEMONSTRATING OR OPERATING THE SITE AND THE PRODUCTS. YOU HEREBY GRANT THE COMPANY A PERMISSION AND RELEASE TO USE YOUR NAME, LIKENESS, IMAGE OR VOICE IN CONNECTION WITH OFFERING, DELIVERING, MARKETING, PROMOTING, DEMONSTRATING, AND SELLING THE SITE, PRODUCTS, COURSES, COMPANY CONTENT AND SUBMITTED CONTENT AND WAIVE ANY AND ALL RIGHTS OF PRIVACY, PUBLICITY, OR ANY OTHER RIGHTS OF A SIMILAR NATURE IN CONNECTION THEREWITH.

THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. IF YOU BELIEVE THAT SUBMITTED CONTENT OF YOURS VIOLATES ANY LAW OR REGULATION OR IS INACCURATE OR POSES ANY RISK WHATSOEVER TO A THIRD PARTY IT IS YOUR RESPONSIBILITY TO TAKE SUCH STEPS YOU DEEM NECESSARY TO CORRECT THE SITUATION. IF YOU BELIEVE THAT SUBMITTED CONTENT OF A THIRD PARTY OR ANY COMPANY CONTENT VIOLATES ANY LAWS OR REGULATIONS, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT LAWS, YOU SHOULD REPORT IT TO THE COMPANY IN ACCORDANCE WITH THE PROCEDURES THAT WE MAINTAIN AT HTTP://WWW.UARTSY.COM/COPYRIGHT

ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TERMS ARE RETAINED BY THE CONTENT OWNERS AND THESE TERMS DO NOT GRANT ANY IMPLIED LICENSES.

 

7. TRADEMARKS

UARTSY, WWW.UARTSY.COM AND ZBW'S "STYLIZED HEAD" LOGO ARE TRADEMARKS AND/OR SERVICE MARKS OF YOUSCULPT, INC. OTHER PRODUCT AND COMPANY NAMES MAY BE MENTIONED ON THE SITE FROM TIME TO TIME WHICH MAY BE TRADEMARKS OR SERVICE MARKS OF THEIR RESPECTIVE OWNERS. THESE TRADEMARKS AND/OR SERVICE MARKS MAY NOT BE REPRODUCED WITHOUT THE EXPRESS WRITTEN CONSENT OF THE RESPECTIVE TRADEMARK OR SERVICE MARK OWNER.

 

8. TERMINATION BY YOU

YOU MAY TERMINATE YOUR USER ACCOUNT AT ANY TIME BY NOTIFYING US OF YOUR DESIRE TO TERMINATE. AFTER RECEIVING NOTICE FROM YOU, WE WILL TERMINATE YOUR ACCOUNT. YOU WILL NOT RECEIVE ANY REFUND AFTER 30 DAYS FOR ANY FEES PAID TO UARTSY.

 

9. TERMINATION BY UARTSY

UARTSY MAY TERMINATE YOUR USER ACCOUNT WITH OR WITHOUT CAUSE AND WITHOUT NOTICE WHEN TERMINATED FOR CAUSE. IF YOU BELIEVE YOUR USER ACCOUNT HAS BEEN TERMINATED IN ERROR, CONTACT UARTSY. FOR EXAMPLE, UARTSY MAY TERMINATE A USER ACCOUNT, IF IT DETERMINES YOU HAVE PROVIDED OTHERS WITH ACCESS TO TRAINING MATERIALS WITH YOUR USER ACCOUNT. IF IT IS DETERMINED BY UARTSY, IN ITS SOLE DISCRETION, THAT YOUR USER ACCOUNT WAS TERMINATED IN ERROR, UARTSY WILL PROVIDE YOU WITH ACCESS TO THE SERVICES AT NO CHARGE FOR THE PERIOD OF TIME IN WHICH YOUR USER ACCOUNT WAS TERMINATED. THIS SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR ANY TERMINATION IN ERROR. IF UARTSY TERMINATES YOUR ACCOUNT FOR CAUSE, DETERMINED AT THE SOLE DISCRETION OF UARTSY, YOU WILL NOT RECEIVE A REFUND FOR ANY FEES PAID TO UARTSY.

 

10. LIMITED LICENSE

BY SUBSCRIBING TO THE SERVICES, UARTSY GRANTS YOU A LIMITED, NON-EXCLUSIVE LICENSE TO VIEW THE TRAINING MATERIALS VIA THE UARTSY.COM WEB SITE. THIS LICENSE SHALL TERMINATE IMMEDIATELY UPON TERMINATION OF YOUR SERVICES. THE TRAINING MATERIALS ARE THE SOLE AND EXCLUSIVE PROPERTY OF UARTSY. NOTHING HEREIN GRANTS YOU ANY OWNERSHIP RIGHTS IN THE TRAINING MATERIALS. YOU ARE NOT AUTHORIZED TO:

1. Share your user account with others

2. Allow more than one individual to access a User Account

3. Copy, modify, distribute, capture, or save locally any of the Training Materials remove any copyright or proprietary notice included on or in any Training Materials

4. Circumvent or attempt to circumvent any encryption, security code, or other protection used in connection with the Training Materials

5. Use the Services for any unlawful purposes

6. Capture screen shots of Training Materials or Make Training Materials available to others in any format

AS A SERVICE TO OUR FRIENDS IN THE DIGITAL COMMUNITY, UARTSY OFFERS THE OPPORTUNITY TO PARTICIPATE IN OUR UARTSY COMMUNITY WHERE YOU CAN INTERACT WITH AND LEARN FROM OTHERS WITH LIKE INTERESTS. WHILE UARTSY DOES NOT MONITOR CONTENT POSTED IN THE COMMUNITY, PLEASE BE ADVISED THAT UARTSY RESERVES THE RIGHT TO DELETE ANY MESSAGE FOR ANY OR NO REASON AND TO PROHIBIT YOUR ACCESS TO THE SERVICE. BY POSTING TEXT, IMAGES OR OTHER CONTENT ("POSTED CONTENT") YOU HEREBY GRANT UARTSY A PERPETUAL, NON-EXCLUSIVE LICENSE TO USE THE POSTED CONTENT IN CONNECTION WITH THE SITE AND SERVICES. YOU FURTHER REPRESENT AND WARRANT THAT THE POSTED CONTENT DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IF YOU DO NOT WANT TO GRANT UARTSY THE PERMISSION SET OUT ABOVE ON THESE TERMS AND CONDITIONS, PLEASE DO NOT SUBMIT OR SHARE YOUR CONTRIBUTION TO OR WITH THE SERVICE. IF YOU HAVE ANY QUESTIONS ABOUT CONTRIBUTING CONTENT TO UARTSY, PLEASE CONTACT UARTSY AT [email protected]

 

11. COMMUNITY RULES

YOU AGREE TO USE UARTSY.COM COMMUNITIES (INCLUDING PROJECTS, CRIT BOARDS, CHAT ROOMS, HANGOUTS AND LIVE CLASSES) IN ACCORDANCE WITH THE FOLLOWING COMMUNITY RULES :

1. Contributions must be civil and tasteful.

2. No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.

3. No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.

4. Be patient: users of all ages and abilities may be taking part in the relevant uartsy.Com community.

5. No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.

6. No advertising or promoting.

7. Contributions containing languages other than english may be removed unless allowed in the relevant local house rules.

8. No impersonation.

9. No inappropriate (e.G. Vulgar, offensive etc) user names.

10. Urls (web site addresses) can only be posted if allowed under any relevant local house rules.

11. Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.

If you have reason to believe that a user has posted content that is obscene, pornographic, violates the intellectual property rights of a third party or otherwise violates the terms of this agreement, you may contact uartsy to request removal of the content or use other procedures available through the community to request removal. Requests for removal due to infringement of intellectual property rights include the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material

D. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted

E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (see 17 u.S.C 512(c)(3) for further details)

 

12. WARRANTY DISCLAIMER

ALL MATERIALS UARTSY PROVIDES ARE PROVIDED "AS IS". UARTSY DOES NOT WARRANT THAT TRAINING MATERIALS OR SERVICES PROVIDED IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE CONTENTS OF THE TRAINING MATERIALS ARE ACCURATE OR COMPLETE. UARTSY.COM MAKES NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE RELATING TO THE TRAINING MATERIALS OR RELATED SERVICES, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

13. LIMITATIONS ON LIABILITY

IN NO EVENT SHALL UARTSY.COM AND/OR ITS AFFILIATES, MEMBERS, AGENTS, EMPLOYEES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL, OR MULTIPLE DAMAGES OR LOST PROFITS OR OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THE TRAINING MATERIALS OR RELATED SERVICES, EVEN IF UARTSY.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN ANY EVENT, UARTSY AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO UARTSY FOR THE THREE MONTHS PRECEDING ANY ACTION FILED.

 

14. INTERNATIONAL RESTRICTIONS

UARTSY MAKES NO PROMISE THAT MATERIALS AVAILABLE ON OR THROUGH THE SERVICE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE USA, AND ACCESSING THE SERVICE FROM TERRITORIES WHERE ITS CONTENTS ARE ILLEGAL OR UNLAWFUL IS PROHIBITED. IF YOU CHOOSE TO ACCESS THE SERVICE FROM LOCATIONS OUTSIDE THE USA, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

 

15. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UARTSY, ITS MANAGERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR VIOLATION OF THIS AGREEMENT OR PRIVACY POLICY; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE SERVICES.

 

16. GOVERNING LAW AND JURISDICTION

THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. BY USING THE SERVICES, YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS IN CITY OF LOS ANGELES, CALIFORNIA. THIS AGREEMENT WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, THE APPLICATION OF WHICH IS HEREBY EXPRESSLY EXCLUDED.

 

17. NO WAIVER

NO DELAY OR FAILURE TO TAKE ACTION UNDER THIS AGREEMENT SHALL CONSTITUTE WAIVER BY UARTSY OF ANY PROVISION OF THIS AGREEMENT OR PREVENT UARTSY FROM SUBSEQUENTLY ENFORCING SUCH PROVISIONS. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE, AND IF ANY PROVISION OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE UNDER ANY CONTROLLING BODY OF LAW, SUCH INVALIDITY OR NON-ENFORCEABILITY SHALL NOT IN ANY WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS.

AGAIN, YOU ARE RESPONSIBLE FOR REVIEWING THE UARTSY TERMS AND CONDITIONS AS WELL AS THE UARTSY PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THE TERMS ABOVE OR THE TERMS AND CONDITIONS OR PRIVACY POLICY, DO NOT PROCEED WITH USE OF THE UARTSY WEB SITE, THE TRAINING MATERIALS AND DO NOT ACCESS THE SERVICES.

 

18. TECHNICAL SUPPORT

TECHNICAL QUESTIONS REGARDING UARTSY PLATFORM ARE ANSWERED THROUGH UARTSY SUPPORT SYSTEM. ALL SUPPORT TICKETS ARE ANSWERED WITHIN 48 HOURS. SUPPORT TICKETS RECEIVED ON HOLIDAYS AND WEEKENDS ARE ANSWERED WITHIN 48 HOURS OF THE FOLLOWING BUSINESS DAY. TO SUBMIT A SUPPORT TICKET, PLEASE SEND AN EMAIL TO [email protected] UARTSY.COM

FOR ANY GENERAL QUESTIONS PLEASE E-MAIL UARTSY. ALL E-MAILS WILL BE ANSWERED WITHIN 48 HOURS. E-MAILS SENT DURING HOLIDAYS AND WEEKENDS WILL BE ANSWERED WITHIN 48 HOURS OF THE FOLLOWING BUSINESS DAY. TO SPEAK TO A UARTSY REPRESENTATIVE REGARDING YOUR UARTSY ORDER, CALL (213) 537-9432 OR 888-434-4976 BETWEEN THE HOURS OF 9:00AM -5:00PM MONDAY THROUGH FRIDAY (PST). ALL MESSAGES RECEIVED DURING HOLIDAYS AND WEEKENDS WILL BE RETURNED WITHIN 48 HOURS OF THE FOLLOWING BUSINESS DAY.

 

19. MISCELLANEOUS

IF ANY OF THESE TERMS AND CONDITIONS ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS AND CONDITIONS ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS AND CONDITIONS AND THE REMAINING TERMS AND CONDITIONS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE. YOU MAY NOT TRANSFER ANY OF YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS TO ANY OTHER PERSON.

WE MAY TRANSFER OUR RIGHTS UNDER THESE TERMS AND CONDITIONS TO ANOTHER BUSINESS WHERE WE REASONABLY BELIEVE YOUR RIGHTS WILL NOT BE AFFECTED. IF YOU BREACH THESE TERMS AND CONDITIONS AND UARTSY CHOOSES TO IGNORE THIS, WE WILL STILL BE ENTITLED TO USE OUR RIGHTS AND REMEDIES AT A LATER DATE OR IN ANY OTHER SITUATION WHERE YOU BREACH THE TERMS AND CONDITIONS. UARTSY SHALL NOT BE RESPONSIBLE FOR ANY BREACH OF THESE TERMS AND CONDITIONS CAUSED BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.

 

20. FEEDBACK AND INFORMATION

ANY FEEDBACK YOU PROVIDE AT UARTSY SHALL BE DEEMED TO BE NON-CONFIDENTIAL. UARTSY SHALL BE FREE TO USE SUCH INFORMATION ON AN UNRESTRICTED BASIS.