TERMS AND CONDITIONS
Please read these Terms and Conditions which govern the relationship between the Art Bully Training Center (“ABTC,” “we” or “our”) and the Users (“you” or “your”) of the Website and Services all as defined herein. Affirmatively consenting to these Terms and Conditions by Users as prompted on the Website is a mandatory condition for the provision of any products or services to any User. ABTC reserves the right, at its discretion, to change, or modify these Terms and Conditions, at any time. If a revision is material we will provide at least 30 days’ notice at the Website prior to any new terms taking effect. What constitutes a material change will be determined exclusively by ABTC. User access and use of the Website and Services (together, “Offerings”) will be subject to the most current version of the Terms and Conditions, posted at the Website at the time of such use. These Terms and Conditions apply to all visitors, Users, and others who wish to access or use the Offerings.
By accessing or using the Offerings you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms then you do not have permission to access or use the Offerings.
All correspondence between the ABTC and Users shall be conducted in electronic form, including but not limited to by email or via the DISCORD application. Users are to direct any such communications exclusively to the email address and DISCORD server below.
E-mail address: office@artbully-school.com
DISCORD server : https://discord.gg/sZ6NWbV6ec
DEFINITIONS
Website – https://artbully-school.com/
User or Users – any individual, or a representative of a business entity, who purchases or uses our Services or uses the Website.
Training or Online Course – digital and online training, made available on the Website with content and schedule attached.
Services – Training and Online Courses accessible at the Website available to Users after payment of the relevant course fee.
Work – Any and all two-dimensional (“2D”) media including but not limited to: sketches, thumbnails, drawings, mood paintings; as well as any three-dimensional (“3D”) media, including but not limited to: 3D models, textures, and renders, created in or during any Online Course by any User.
Pursuant to your adherence to these Terms and Conditions, the ABTC grants the User a non-exclusive, non-transferable, license to the Online Courses and all associated content for personal and educational use only.
PROPERTY
The Website is owned by the Art Bully Training Center, with its principal place of business at: 5711 Six Forks Road, Suite 302, Raleigh, NC 27609.
Unless explicitly provided in these Terms and Conditions, no part of any Online Course may be modified, deleted, copied, republished, reproduced, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, or published in any way (including “mirroring”) to any other computer, workstation, server, website or any another medium for publication, distribution or for any purpose. Users shall also not create derivative works incorporating or based upon any element of any Online Course.
ABTC shall own all right, title, and interest in all Work. Accordingly, User hereby grants to ABTC, absolutely and forever, all title, interest, and right of every kind and nature, in and to the Work, for any and all copyright, trademark, patent, and other intellectual property terms and all extensions and renewal terms of copyright, trademark, patent, and other intellectual property, whether now known or hereafter created, throughout the Universe, for all uses and purposes whatsoever, and free from payment of any royalty or compensation whatsoever, other than herein provided. ABTC shall accordingly have the sole and exclusive right to register the Work under ABTC’s name with the United States Copyright Office, United States Patent and Trademark Office, or other applicable domestic and international intellectual property registries, as the sole author or owner thereof and has no obligation to provide any attribution to User. In the event that these Terms and Conditions are not sufficient to vest all right, title, and interest in the Work to ABTC, User hereby irrevocably assigns, sells, conveys, and transfers all right, title, and interest in the Work, including all intellectual property rights therein, to ABTC on a fully paid-up, royalty-free basis, in perpetuity, throughout the Universe.
The ABTC possesses the right, at its discretion, to delete Online Courses, as well as any information and materials published on the Website.
It is strictly prohibited to record or download videos from the website, as well as to record any consultations with mentors.
ACCOUNTS
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with ABTC or a third-party service. You must notify ABTC immediately upon becoming aware of any breach of security or unauthorized use of your account.
ON-LINE TRAINING PROGRAM
To successfully complete any Online Course, User must attend all scheduled courses and monitor and comply with any and all directives and instructions issued by the applicable online tutor. In the event that a User cannot attend an Online Course at a previously scheduled time, the ABTC will do its best to re-schedule any session a User is unable to attend. However, ABTC does not guarantee availability for a re-scheduled session.
The ABTC has the right to change the schedule of any Online Course with timely notice to the User.
Users must be 18 years of age or older to purchase any Online Course. Users between the ages of 13 to 17 may only use the Services with the written permission of parent or a legal guardian submitted via ABTC’s email address noted herein in advance of the commencement of any Online Course.
In the event a User is unable to perform the services or requirements noted herein, the ABTC reserves the right to refuse any purchase order for any Online Course.
After placing an order, the User will receive an e-mail confirmation that their order has been accepted, and they will be granted immediate access to the relevant course materials.
The ABTC reserves the right to request from the User any and all documents required for participation in the Training. Without submission of such documents as requested by ABTC, the ABTC may refuse access to the Training or suspend such access until such documents are received.
ABTC does not provide Users with any software licenses to third party software. Users are responsible for their own license acquisition. The list of specific software licenses needed for each individual Online Course will be specified on the course page, under the “Software Needed” section.
ABTC will state the minimum hardware specifications needed for each individual Online Course on the course page, under the “Minimum Hardware Needed” section.
We encourage Users not to partake in any Online Courses if their computer does not meet the minimum hardware specifications. ABTC will not be liable if User is unable to participate in any Online Course due to being unable to comply with the “Minimum Hardware Needed” for any Online Course.
The ABTC may suspend or terminate your access to the Services if any one of the below, or a combination of the below, occur:
- You materially or repeatedly breach these Terms and Conditions;
- Your conduct causes harm to another User, third party, or ABTC, including but not limited to bullying, harassment, hacking, spamming, misleading others, scraping content, or illegal conduct;
- User provides access through their username and password to third parties who are not authorized Users of the Offerings.
PAYMENTS AND PRICES
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) submitted in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties.
We reserve the sole and exclusive right to refuse or cancel your order at any time for any reason including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.
We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
The fees for the Services are indicated on the Website at the time of placing an order.
The ABTC is not responsible if a payment method provided by a third-party payment source or provider is not available or otherwise does not function due to reasons that cannot be attributed to ABTC.
CERTIFICATION
Upon the successful completion of an Online Course ABTC will issue a Certificate of Completion referencing the appropriate course in the certificate.
THE WITHDRAWAL
User has the right to withdraw from any Online Course without penalty for any reason and with a full refund—minus applicable payment processing fees, within 10 calendar days from the date of purchase of such Online Course or after no more than 3 online lectures for any Online Course. Any refund will be issued by ABTC no later than 14 business days from the date of withdrawal.
To exercise this right, User must expressly inform the ABTC in writing within the timelines noted above (“Notice”). Without such proper Notice, User shall be charged the full value of the Online Course, including processing fees. The required Notice shall be made via the communication channels specified above in these Terms and Conditions and include the content and value of the Online Course, and the name of the person who purchased the Online Course. ABTC maintains business hours daily from Monday to Friday CET (Central European Time) such that mentors leading an Online Course (“Mentors”) may not be available on weekends. Mentors will communicate with Users if they are unable to attend any scheduled feedback session at least 2 days prior to such session.
In case the ABTC incurs additional third-party costs for the cancellation of any online course, including but not limited to payment processing fees, the ABTC shall withhold such amounts from any refund issued to a User.
FINAL PROVISIONS
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between ABTC and any User regarding the Offerings and supersede and replace any prior agreements between the parties regarding such Offerings.
COPYRIGHT INFRINGEMENT
If the User believes that any content available on or through any Online Course infringes upon any copyright owned by the User, please immediately notify ABTC using the contact information provided herein.
USER REPRESENTATIONS
User represents and warrants that it will not:
- Access the Website, Services, any Online Course, or the Offerings through automated or non-human means, whether through a bot, script, or any other illegal or non-ethical means
- Will not use the Website, Services, any Online Course, or the Offerings for any illegal or unauthorized purpose,
- Post or otherwise submit any software, programs, or files that are harmful or disruptive of another’s or the ABTC’s equipment, software, or other property, including any corrupted files, time bombs, Trojan horses, viruses, and worms; create a false identity for the purpose of misleading others, spreading misinformation, or in any way defaming the ABTC
- Engage in any junk e-mail, chain letters, surveys, contests, spamming, or any other duplicative and/or unsolicited messages.
If the User provides any information to ABTC that is untrue, inaccurate, not current, or incomplete, ABTC has the right to suspend or terminate User’s access to the Offerings and any associated account and refuse any future use of the same.
TERMINATION
ABTC may block, disable, terminate or suspend your account and bar access to the Offerings immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms and Conditions.
All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless ABTC and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Offerings, by you or any person using your account and password, or b) a breach of these Terms and Conditions.
LIMITATION OF LIABILITY
In no event shall ABTC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Offerings; (ii) any conduct or content of any third party in connection with the Offerings; (iii) any content obtained from the Offerings; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER
Your use of the Offerings is at your sole risk. The Offerings are provided on an “AS IS” and “AS AVAILABLE” basis. The Offerings are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ABTC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Offerings will function uninterrupted, are secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Offerings are free of viruses or other harmful components; or d) the results of using the Offerings will meet your requirements.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
These Terms and Conditions shall be governed and construed in accordance with the laws of North Carolina without regard to its conflict of law provisions. All disputes hereunder shall be resolved in the applicable state or federal courts of North Carolina, and the parties consent to the jurisdiction and venue of such courts in Raleigh, North Carolina, and agree to accept service of process by mail.
User can provide ABTC with suggestions or feedback. All of the submitted suggestions or feedback shall be deemed to be non-confidential and become the exclusive property of ABTC. ABTC is under no obligation to incorporate, use or adopt such feedback, and ABTC shall use such feedback without payment or attribution to User.
In order to submit feedback, please contact us as noted above herein.
