Terms of Purchase
Anna Mason’s Online School
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you the (“School Member”) agree to be provided with products, programs, or services as part of Anna Mason’s Online School website (“Membership”) operated by Anna Mason (“Owner”), acting on behalf of Anna Mason Art Ltd. (“Company”), and you are entering into a legally binding agreement with Anna Mason Art Ltd., subject to the following terms:
1.TERMS OF MEMBERSHIP
(a) Upon purchase and execution of this Agreement, the School Member will be provided with the following content and/or services as detailed on https://www.annamasonart.com/school (“the Website”) and selected prior to purchase for their own personal, non-commercial use. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
- Newsletters and Emails
- Video tutorials and Practice Pics
- School Forum and Knowledge Base Videos
- Any other Content from Anna Mason’s Online School
(b) Though Anna Mason and her team regularly comment on School Members’ paintings and Forum posts in the School Website, the School Member is NOT guaranteed direct feedback on any paintings or comments they post to the School website from Anna Mason or any member of staff from Anna Mason Art Ltd.
(c) The scope of Services rendered by Anna Mason Art Ltd. pursuant to this Agreement shall be limited to those contained herein and/or provided for on https://www.annamasonart.com/school as part of the Membership.
(d) Anna Mason Art Ltd. reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
(e) Anna Mason Art Ltd. may from time to time offer extra Services to School Members for an additional fee.
(f) School Members will have access to Anna Mason’s Online School for the duration of their current subscription, whether that be on a monthly; 6 monthly or annual basis.
(g) School Members may use their subscription solely for their own personal, non-commercial use, and must not share their subscription or any of the content within the School with any other person(s).
(h) Anna Mason Art Ltd. reserve the right to cancel or terminate a School Member’s use of and access to the Website without prior notice if they do not comply with our Terms of Purchase.
(i) At any point, should Anna Mason Art Ltd be terminating Anna Mason’s Online School, the School Member will be given at least sixty (60) days notice.
(j) School Members have the option to cancel their membership at any time in writing via email to the Anna Mason Art team, or via the Anna Mason’s Online School website contact form and cancellation will take effect at the next billing cycle.
2. INTELLECTUAL PROPERTY RIGHTS
(a) The paintings School Members produce as a result of taking Anna’s video tutorials or based on Practice Pics are considered legally to be ‘Derivative Works’ and as such the copyright remains with Anna Mason Art Ltd. and any other photographer whose work has been used for these.
(b) School Members may share photographs of the paintings they create based on Anna’s video tutorials and Practice Pics online but they must always credit Anna Mason’s Online School whenever the work is displayed (including online).
(c) School Members may sell the physical paintings they create based on Anna’s video tutorials and Practice Pics (for instance in a local art exhibition) but they must always credit ‘Anna Mason’s Online School’ whenever the work is displayed for sale.
(d) School Members can reproduce their own paintings provided the reproduction is for their own non-commercial use (for instance they can print it onto a Christmas card sent to friends and family) however, they must credit ‘Anna Mason’s Online School’ along with the reproduction.
(e) School Members may not reproduce their own versions of these paintings for commercial use (for instance as an illustration or onto greetings cards they intend to sell).
(f) School Members should use the following wording to credit Anna Mason’s Online School:
- For a painting completed via a video tutorial: ‘Painting produced using an online video tutorial at Anna Mason’s Online School’.
- For a painting completed via a Practice Pic: ‘Painting produced using a photograph provided by Anna Mason’s Online School’
3. PAYMENT AND REFUND POLICY
(a) Upon execution of this Agreement, the School Member agrees to pay to Anna Mason Art Ltd. the purchase amount as stated on the Anna Mason’s Online School Website, or via a sales promotion.
(b) The School Member agrees to provide us with true, accurate and complete information as required by the sign-up process (“Subscription Data”), including their legal name, address, telephone number, email address and applicable billing information.
(c) The School Member agrees to maintain and promptly update the Subscription Data and any other information provided to us. If the School Member provides any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate the School Member’s subscription, and if applicable, their user account, and refuse any and all current or future use and/or access by the School Member to the Website.
(d) With their initial payment the School Member commits to either a one (1) month term to the Membership; a six (6) month term or an annual term dependent on the subscription chosen by the School Member.
(e) After the initial one (1) month term; six (6) month or annual term, the School Member will then automatically be charged payment according to their selected payment plan: every thirty (30) days, every six (6) months, or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.
(f) Credit Card Authorisation. Each party hereto acknowledges that Anna Mason Art Ltd will charge the credit card chosen by the School Member on the date of renewal and for the amounts specified upon purchase.
(g) In the event the School Member fails to make any of the payments as outlined above, Anna Mason Art Ltd has the right to immediately disallow services and benefits of the School Membership until payment is paid in full.
(h) The School member agrees not to assign, transfer or sublicense their rights as a subscriber.
(i) Anna Mason Art Ltd. reserves the right to increase fees, or to institute new fees at any time, upon advanced notice communicated to the School Member via email.
(j) If the School Member is not entirely happy with what’s on offer in Anna Mason’s Online School website and would like a refund, they are to let Anna Mason Art Ltd. know within 7days of their purchase and they will be refunded. Refunds after 7 days are at the discretion of Anna Mason Art Ltd.
By participating in the Membership, the School Member acknowledges that Anna Mason Art Ltd makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership. By participating in this Membership, the School Member acknowledges that Anna Mason Art Ltd. does not warrant the accuracy of any information provided, is not liable for any losses the School Member may suffer by relying on modules, content, videos, services, or products.
By participating in the Membership, the School Member acknowledges that Anna Mason Art Ltd. nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.
Any testimonials or examples shown through the AnnaMasonArt.com website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. The School Member acknowledges that Anna Mason Art Ltd. has not and does not make any representations as to success of any kind that may be derived as a result of use of its video tutorials, products or Services.
Anna Mason Art Ltd. may provide the School Member with information relating to products that it believes might benefit the School Member. Anna Mason Art Ltd. is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. Anna Mason Art Ltd. may provide the School Member with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. Anna Mason Art Ltd. may be involved in affiliate relationships with certain third-parties for such recommendations and will inform the School Member when this is the case. The School Member agrees that these are only recommendations and Anna Mason Art Ltd. will not be held liable for the services provided by any third-party to the School Member.
5. RECORDING AND REDISTRIBUTION OF CALLS
The School Member acknowledges that group calls and/or trainings may be recorded. The School Member also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by Anna Mason Art Ltd.
6. INTELLECTUAL PROPERTY RIGHTS
In respect of the Material specifically created for the School Member as part of this Membership, including video tutorials, videos, documents, or other content (known collectively as the “Material”), Anna Mason Art Ltd. maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Anna Mason Art Ltd. to the School Member, nor grant any right or license other than those stated in this Agreement.
The School Member may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Anna Mason’s Online School website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorised copying, reverse engineering, redistribution, reproduction, publication or modification of Anna Mason’s Online School website content by any person without Anna Mason Art Ltd.’s prior written authorisation is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
7. DISCLAIMER OF WARRANTIES
The Services provided to the School Member by Anna Mason Art Ltd. under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
8. LIMITATION OF LIABILITY
By using Anna Mason Art Ltd.’s Services and purchasing this Membership, the School Member accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The School Member agrees that Anna Mason Art Ltd. will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. The School Member agrees that use of this Membership is at user’s own risk
9. JURISDICTION AND DISPUTE RESOLUTION
This Agreement shall be construed in accordance with, and governed by, the laws of England as applied to contracts that are executed and performed in the United Kingdom. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be England. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement through the International Court of Arbitration (ICC). The parties further agree that their respective good faith participation in arbitration is a condition precedent to pursuing any other available legal or equitable remedy, including litigation or other dispute resolution procedures.
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to info(at)annamasonart(dot)com
11. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Updated April 21st 2020