These Legal Terms are between RJZ Art Ltd trading as Rob Ballentine Art (“Company”, “we”, “us”, or “our”), a company registered in England and Wales under company number 17019762 with its registered office at 82A James Carter Road, Mildenhall, Bury St. Edmunds, IP28 7DE.
You can contact us at (+44)7460 101675, email [email protected], or by post at the registered office address above.
Refund Policy and Terms of Sale for Digital Products
AGREEMENT TO OUR LEGAL TERMS
These Legal Terms govern the purchase and use of all digital products, services, memberships, and online training provided by RJZ Art Ltd trading as Rob Ballentine Art. By purchasing or accessing any of our products or services, you agree to be bound by these Legal Terms, including all policies referenced herein.
We operate the websites https://www.robballentine.com, https://pastelbooks.com, https://framedclub.com, and https://colouratlas.art (the “Sites”), as well as any other related products and services that refer or link to these Legal Terms (collectively, the “Services”).
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and RJZ Art Ltd trading as Rob Ballentine Art (“Company”, “we”, “us”, or “our”), concerning your access to and use of the Services. You agree that by accessing or purchasing from the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated into these Legal Terms by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time. We will update the “Last updated” date at the top of these Legal Terms to reflect any changes.
It is your responsibility to review these Legal Terms periodically to stay informed of updates. Your continued use of the Services, or continued access to any digital products or subscriptions after such changes are posted, constitutes your acceptance of those changes.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you retain a copy of these Legal Terms for your records.
TABLE OF CONTENTS
OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
SUBSCRIPTIONS
DIGITAL PRODUCTS, ACCESS, AND REFUNDS
MEMBERSHIP ACCESS AND CUSTOMER RESPONSIBILITY
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENCE
GUIDELINES FOR REVIEWS
SOCIAL MEDIA
THIRD-PARTY WEBSITES AND CONTENT
SERVICES MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENTS
TERM AND TERMINATION
MODIFICATIONS, INTERRUPTIONS, AND PLATFORM AVAILABILITY
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
SMS TEXT MESSAGING
MISCELLANEOUS
CONTACT US
OUR SERVICES
We provide digital art education products and services, including but not limited to ebooks, digital downloads, online video tutorials, live online classes, replay access, memberships, and related educational resources through https://www.robballentine.com, https://pastelbooks.com, https://framedclub.com, https://colouratlas.art, and any related websites, funnels, checkout pages, or platforms operated by us.
Unless expressly stated otherwise at the point of sale, all products and services sold by us are digital only. No physical books, DVDs, printed materials, or other physical goods will be shipped unless clearly stated in writing on the relevant sales page or order confirmation.
Access to our digital products and services may be provided by email, downloadable files, account login, membership portal, video classroom, or other online/live delivery method chosen by us.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content to which you have properly gained access solely for your internal business or personal purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to [email protected]. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the rights you give us and the obligations you have when you post or upload any content through the Services.
Submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a licence, including use of your name, trademarks, and logos. By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt in whole or in part, and exploit your Contributions, including without limitation your image, name, and voice, for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload.
By sending us Submissions and/or posting Contributions through any part of the Services, or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law.
We may remove or edit your Content.
Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.
USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof.
USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PURCHASES AND PAYMENT
We accept the following forms of payment:
Mastercard
Visa
American Express (Amex)
Maestro (where supported)
We also offer alternative payment methods through third-party providers, including Klarna and Clearpay, where available at checkout.
All payments are processed securely through our payment processor, Stripe. By submitting your payment information, you authorise us and our payment processor to charge your selected payment method for the total amount of your order.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless and until cancelled by you or terminated by us in accordance with these Legal Terms. By purchasing a subscription, you authorise us to charge your selected payment method on a recurring basis at the applicable subscription rate, without requiring separate approval for each recurring charge, until cancellation.
The billing cycle for subscriptions is monthly unless otherwise stated at the point of purchase.
Cancellation
You may cancel your subscription at any time through your account area, where available, or by contacting us at [email protected].
Cancellation stops future renewals only. Your cancellation will take effect at the end of your current paid billing period, and you will continue to have access until that period expires unless otherwise stated. You must cancel before the last 7 days of your current billing cycle.
No refunds will be issued for partial subscription periods, unused time, failure to use the service, or failure to cancel before the next renewal date.
It is your responsibility to manage your subscription and cancel before your next renewal date if you do not wish to be charged again.
If we choose, at our sole discretion, to agree to any exceptional refund or cancellation outside these terms, we reserve the right to deduct an administration charge of £10 unless prohibited by law or unless otherwise stated on the relevant sales page.
Fee Changes
We may change subscription fees from time to time. Any price changes will apply to future billing cycles and will be communicated in accordance with applicable law.
DIGITAL PRODUCTS, ACCESS, AND REFUNDS
Nature of Products
All ebooks, video tutorials, online classrooms, replay access, memberships, downloads, and related educational products sold by us are digital products and services unless explicitly stated otherwise in writing at the point of sale.
Access and Delivery
Access to digital products is provided electronically. This may include, without limitation, delivery by email, access via account login, access through a membership portal, replay page, download page, or other online method. It is your responsibility to provide an accurate email address, maintain access to that email address, check spam or junk folders, and ensure that your device, browser, software, and internet connection are suitable for accessing the product.
We are not responsible for access problems caused by user-side issues including, but not limited to, device settings, forgotten passwords, browser configuration, internet connectivity, firewall restrictions, email filtering, or other local technical conditions outside our control.
Use and Non-Use
Access to digital products and memberships is provided continuously during the applicable access period or subscription period.
Non-usage, lack of time, change of mind, misunderstanding of the product format where the product was clearly described, or failure to access content due to user-side technical issues does not constitute grounds for a refund.
Where a customer has access to the product or service, the product or service shall be deemed delivered and made available whether or not it is used.
Technical Issues
If you experience difficulty accessing any digital product or service, you must notify us promptly through our official support channels and provide reasonable details so that we may investigate.
We will use reasonable efforts to assist with any verified technical issue affecting access.
A refund, replacement, extension, or other remedy will only be considered where: (a) there is a verified fault on our system that materially prevents access, (b) the issue is reported to us within a reasonable time, and (c) we are unable to resolve the issue within a reasonable period.
Digital Refund Eligibility
Except where prohibited by law, Pastel Pencil Week standard seats are non-refundable due to the nature of the live digital training and the immediate provision of access to event materials, live sessions, and/or replay content.
Any VIP upgrade refund rights are only available if expressly stated on the relevant sales page. Where a sales page states that a VIP upgrade is refundable on the day of the first live session, notice must be received by us on that same day. After that time, the VIP upgrade becomes non-refundable.
The 7-day refund policy applies only where expressly stated on the specific sales page for the eligible product. Where offered, that policy applies only to the customer’s first purchase of The 4 Book Bundle and does not apply to subscriptions, memberships, Pastel Pencil Week seats, add-ons, bumps, upsells, additional products, or later purchases unless expressly stated otherwise on the relevant sales page.
If a 7-day refund policy applies to a qualifying product, refund requests must be received within 7 days of purchase. After that period, no refund will be issued.
If a qualifying refund request is based on a technical issue, we must be given a reasonable opportunity to investigate and attempt to resolve the issue before any refund is considered.
No refund will be given where: (a) access was successfully provided, (b) the product was materially as described, (c) the customer failed to use the product, (d) the customer failed to contact us within the applicable refund period, or (e) the issue arises from user-side technical conditions rather than a fault with our systems.
Failure to Deliver
If we fail to provide access to a purchased digital product at all, and that failure is caused by our systems and remains unresolved after we have been given a reasonable opportunity to correct it, then an appropriate remedy may be offered, which may include re-delivery, extended access, credit, or refund, at our discretion and subject to applicable consumer law.
Licence and Ownership
By purchasing our digital products, you are granted a personal, non-transferable, non-exclusive, revocable licence to access and use the content for your own personal use only.
You do not acquire ownership of the product or its underlying intellectual property. All rights remain with Rob Ballentine Art unless expressly agreed otherwise in writing.
You may not copy, reproduce, share, distribute, resell, sublicense, upload, publish, or otherwise exploit any digital product or content except as expressly permitted by us in writing.
MEMBERSHIP ACCESS AND CUSTOMER RESPONSIBILITY
Membership content is made available through our online platform for the duration of the active subscription period.
We do not guarantee that every customer will choose to use the membership, complete the tutorials, attend live sessions, or access all available materials. Lack of engagement, lack of progress, personal circumstances, financial circumstances, or limited time do not affect the validity of the subscription charges where access has been made available.
Customers are responsible for maintaining their login credentials and for contacting support promptly if they encounter any access difficulty.
If a customer believes there is a technical problem affecting access, they must notify us as soon as reasonably possible and cooperate with reasonable troubleshooting steps. We are not liable for prolonged non-use where access remained available and no verified system fault existed.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein; disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services; use any information obtained from the Services in order to harass, abuse, or harm another person; make improper use of our support services or submit false reports of abuse or misconduct; use the Services in a manner inconsistent with any applicable laws or regulations; engage in unauthorised framing of or linking to the Services; upload or transmit, or attempt to upload or transmit, viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; delete the copyright or other proprietary rights notice from any Content; attempt to impersonate another user or person or use the username of another user; upload or transmit, or attempt to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices, sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”; interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you; attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services; copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services; except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software; use a buying agent or purchasing agent to make purchases on the Services; make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences; use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise; or sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable, as determined by us.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten, in the legal sense of those terms, any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt in whole or in part, and distribute such Contributions, including without limitation your image and voice, for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions; to re-categorise any Contributions to place them in more appropriate locations on the Services; and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: you should have firsthand experience with the person or entity being reviewed; your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; your reviews should not contain references to illegal activity; you should not be affiliated with competitors if posting negative reviews; you should not make any conclusions as to the legality of conduct; you may not post any false or misleading statements; and you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.
SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers, each such account a “Third-Party Account,” by either providing your Third-Party Account login information through the Services or allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store, if applicable, any content that you have provided to and stored in your Third-Party Account, the “Social Network Content,” so that it is available on and through the Services via your account, including without limitation any friend lists, and we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement or agreements with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings, if applicable. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain, or you may be sent via the Site, links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation reporting such user to law enforcement authorities; in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable to the extent technologically feasible any of your Contributions or any portion thereof; in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: [INSERT PRIVACY POLICY LINK]. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below, a “Notification.” A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services, including blocking certain IP addresses, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
Cancellations must be made within 24 hours of the next billing period. All cancellations made after the next billing period will terminate the account prior to the end of the following period.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS, INTERRUPTIONS, AND PLATFORM AVAILABILITY
We reserve the right to change, modify, update, suspend, or discontinue any part of the Services, including any content, features, lessons, downloads, live sessions, replay access, membership materials, or pricing, at any time and for any reason.
We do not guarantee uninterrupted or error-free access to the Services at all times. From time to time, access may be affected by maintenance, updates, third-party hosting problems, software issues, internet outages, or events outside our reasonable control.
However, temporary interruptions, delays, or isolated technical issues do not automatically entitle a customer to a refund where the service remains generally operational and access can be restored, extended, or otherwise reasonably addressed.
We shall not be liable for any loss, damage, or inconvenience arising from temporary downtime, user-side technical issues, or inability to use the Services where no verified fault exists on our systems.
GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of England and Wales, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence.
RJZ Art Ltd trading as Rob Ballentine Art and you both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that you may make a claim to defend your consumer protection rights in relation to these Legal Terms in England and Wales, or in the EU country in which you reside if applicable law permits.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, each a “Dispute” and collectively the “Disputes,” brought by either you or us, individually a “Party” and collectively the “Parties,” the Parties agree to first attempt to negotiate any Dispute, except those Disputes expressly provided below, informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, England. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of England and Wales.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party; any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
DISCLAIMER
The Services are provided on an “AS IS” and “AS AVAILABLE” basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the Services; any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the lesser of the amount, if any, paid by you to us during the one (1) month period prior to any cause of action arising, or 499. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions; use of the Services; breach of these Legal Terms; any breach of your representations and warranties set forth in these Legal Terms; your violation of the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at [email protected] or call (+44)7460 101675.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect of the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.
CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
RJZ Art Ltd trading as Rob Ballentine Art
82A James Carter Road
Mildenhall
Bury St. Edmunds
IP28 7DE
England
Phone: (+44)7460 101675
Email: [email protected]
Refund Policy
Copyrights 2024 | RobBallentineArt™ | Terms & Conditions