Thank you for choosing Expressive Art Collective! We are excited to have you onboard.
We appreciate you taking the time to read through our terms and conditions. It is important for us to ensure that all users of our services are aware of the rules and regulations that govern their use.Â
Major Terms
A person, group, or entity using the Services is referred to as a “User,” “you,” or “your.” This includes Customers, Students, and Instructors.
“Client(s)” refers to a client or adult who successfully registers for an EAC account and purchases Courses on the Site with the intention of enrolling in a class.
“Instructor(s)” refers to a person who successfully registers for an EAC account to sell classes on the site or to a business that signs a contract with EAC to do so.
“Class(es)” refers to any online class(es) that an Instructor submits for purchase on the website.
Definitions
1 Use of this Website: You may use this website for lawful purposes only
(i) provided that as an individual user of a computer, your use of the website complies with all applicable laws and regulations;
(ii) as an individual, you are 13 years of age or older and have the capacity to enter into legally binding contracts in your country of residence; or
(iii) if you use this website on behalf of a company. We strive to provide a safe and secure environment for everyone, so please take a moment to review our Privacy Policy, Community Standards, Class Content Policy, and Help Center if you have any questions or concerns.
As a Teacher, you agree to:
1. Respect the intellectual property rights of others and ensure that any content you provide in your Classes is your own original work, or that you have obtained the necessary permissions or licenses to use any third-party content in your Classes.
2. Create and maintain a positive learning environment for your students, and refrain from engaging in any behavior that could be considered discriminatory, harassing, or otherwise offensive.
3. Respond promptly and professionally to any questions or concerns raised by your students, and provide them with accurate and helpful feedback on their progress.
4. Comply with all applicable laws and regulations related to the provision of online education services, including without limitation any laws or regulations related to privacy, data protection, and online safety.
5. Not use the Site or your Classes to engage in any form of advertising, self-promotion, or solicitation, or to sell any products or services unrelated to the Classes you are offering.
6. Maintain the confidentiality of any personal information or data collected from your students, and only use such information for the purpose of providing your Classes.
7. Not engage in any activity that could damage or adversely affect the Site, its users, or its reputation, including without limitation any activity that could
Your Registration Obligations: When registering for a service, it is important to provide accurate and up–to–date information about yourself. You must agree to the terms and conditions of the service and not use the service for any illegal or unauthorized purpose. You must also keep your account information secure and not share it with anyone else. Additionally, you must not post or transmit any content that is offensive, defamatory, or otherwise violates the rights of others.
Termination: You agree that EAC, in its sole discretion, may terminate your use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if EAC believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. EAC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that EAC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EAC will not be liable to you or any third–party for any termination of your access to the Service.
Payment Conditions in General: Each Client undertakes to pay all enrollment fees (“Applicable Fees”) for Courses as specified on the Site. At the time of purchase, all enrollment fees must be paid in the currency listed on the website. Parent hereby grants EAC permission to charge the client’s payment instrument after a purchase has been confirmed, and the client further agrees to pay any fees so incurred. Within sixty (60) days after the day EAC charges you, you must notify EAC if the client challenges any costs.
Instructor Payment: For each Class (or combination of Courses, as applicable) sold to a Client, EAC will transfer the Enrollment Fees to the Instructor’s Paypal account within a reasonable amount of time, less EAC’s service costs (“EAC’s Fee”), in accordance with the timetable and guidelines outlined in our Help Center. Instructor must register for a Paypal account in order to transfer money to their account. If the client claims that the classes were not supplied or were not completed sufficiently, EAC has the discretion to act on the client’s behalf and not transfer the enrollment fees to the instructor. This might apply in situations where an instructor missed a class or the quality of the class was low, but it’s not restricted to those. Using EAC independently review such cases, seeking input from the Client and/or the Instructor, and may decide at its sole discretion to issue a refund to the Client. All determinations of EAC with respect to a refund shall be final and binding on the Client and Instructor.
Agent for Limited Payment Collections: Each Instructor selects EAC as the Agent for Limited Payment Collections for the sole purpose of receiving the Client’s Enrollment Fees. Each User acknowledges and agrees that payment of Enrollment Fees by a Client to EAC, as that Instructor’s limited payment collection agent, shall be treated in the same manner as if such Client had made payment directly to the relevant Instructor, who will then provide the relevant Classes to the Client in the manner described on the Site. Unless otherwise agreed between EAC and the Instructor, EAC agrees to act as the Instructor’s limited payment collection agent and to facilitate the payment of any enrollment fees (minus the EAC Fee) for classes in accordance with these terms of service. The Instructor will only have recourse against EAC if EAC refuses to pay such sums.
Requirements for Usage
User Conduct: All code, video, pictures, information, data, text, software, music, sound, photos, graphics, messages, or other materials (collectively, “content”) that you upload, post, publish or display (hereinafter, “upload”), send, or otherwise use over the Service are at your personal risk. The following are illustrations of the types of content and/or uses that EAC deems to be unlawful or forbidden. Anybody who breaches this clause may be subject to an investigation by EAC, which may include, without limitation, the removal of the offending content from the Service, suspension or termination of the offender’s account, and reporting of the offender to police enforcement. You acknowledge that you will not:
Any content that (i) violates another party’s intellectual property rights or other proprietary rights via email or another method of upload; (ii) for which you lack a legal, contractual, or fiduciary right to upload; (iii) has computer code, files, or programs known to interrupt, destroy, or limit the performance of any computer software or hardware, or of telecommunications equipment;
(iv) has software viruses;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, chain letters, pyramid schemes, contests, sweepstakes, or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invading another person’s privacy, or
(vii) is otherwise harmful.
interfering with, disrupting, or disobeying any rules, procedures, policies, or regulations of networks connected to the service; or
break any applicable municipal, state, national, or international law, as well as any rules that have legal authority;
pretend to be someone or something else, or falsely claim or otherwise indicate your association with someone or something;
anyone who violates our privacy policy by requesting personal information from us;
to electronically or otherwise gather email addresses or other contact information from other users of the service in order to send unsolicited emails or other unsolicited communications;
promote the sale or purchase of any products or services for any non-authorized commercial purpose;
give instructional material about illegal activities, further any criminal activity or business, or
access, attempt to access, or in any other way gain any materials or information by any method that was not intended to be made available or supported by the Service.
Third-Party Content: EAC will never be held responsible in any way for any content or materials published by users or other third parties, including for any mistakes or omissions therein or for any loss or damage of any kind brought about by the use of such content. You understand that EAC may prescreen content, but is not obligated to do so, and that EAC and its designees will have the right (but not the responsibility) to reject or remove any content that is made accessible over the Service in their sole discretion. Without limiting the aforementioned, EAC and its designees shall have the right to delete any content that EAC determines, in its sole discretion, violates these Terms of Service or is otherwise objectionable. You acknowledge that before using any content, including any reliance on its accuracy, completeness, or utility, you must evaluate it and assume all risks involved.
User Content Transmitted Through the Service: You represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and publicity rights therein, with respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”). EAC makes no claims of ownership (whether by way of copyright, trademark, or otherwise) over your User Content; all intellectual property rights that you may have in your User Content shall remain your own. You grant EAC the following global, non-exclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license by submitting, posting, or otherwise uploading User Material on or through the Services:
the right to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display such User Content (in whole or in part) throughout the world via the Services or other means, and/or to incorporate it in other works in any form, media, or technology now known or later developed for, with respect to User Content that you submit, post, or otherwise make generally available via the Service (for example, public forum posts).
You grant EAC the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display any User Content you submit, post, or otherwise privately transmit via the Services (such as through private lessons or messages with other Users). This license is necessary so that EAC can offer you the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service that you provide to EAC (collectively, “Submissions”) is non-confidential and that EAC is free to use and distribute those Submissions in any way, whether for commercial or non-commercial purposes, without acknowledgment or payment to you.
You acknowledge and accept that EAC may archive content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to: (a) conform to legal requirements, comply with government requests, or enforce these terms of service; (b) address complaints that any content violates the rights of third parties; (c) protect the rights, property, or personal safety of EAC, its users, or the public; or (d) act in urgent circumstances to prevent physical harm to any person. You are aware that (a) transmissions over various networks; and (b) adjustments to conform and adapt to technical requirements of connecting networks or devices, may be involved in the technical processing and transmission of the Service, including your content.
Copyright complaints: EAC respects other people’s intellectual property and requests the same courtesy from our users. You should notify EAC of your infringement claim in accordance with the method outlined below if you think that your work has been copied in a way that violates your copyright or that your intellectual property rights have otherwise been damaged.
Defendant and Release
You consent to release, hold harmless, and indemnify EAC, its affiliates, and each of their officers, employees, directors, and agents (collectively, “Indemnitees”) from any and all liabilities, losses, damages, costs, including reasonable attorneys’ fees, rights, claims, actions of any kind, and harm (including death) resulting from or connected to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any applicable law.
Refusal of Warranty
THE SERVICE IS USED AT YOUR SOLE RISK. THE SERVICE IS AVAILABLE AS IS AND AS AVAILABLE. EAC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EAC MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU AGREE THAT ANY CRIMINAL BACKGROUND CHECKS PERFORMED BY EAC ON INSTRUCTORS ARE DONE SOLELY FOR EAC’S OWN ADVANTAGE. EAC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USER CONDUCT ON THE SITE OR SERVICE.
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