TERMS OF USE
1. Acceptance of the Terms of Use
By accessing and using the How To Draw School website, you agree to be bound by these Terms of Use (“Terms”), which will govern your use of this online art school that allows you to learn new skills. HTDS (“we”, “us” or “our”) provides access to our Website in accordance with these Terms. Our Website offers an array of interactive services such as discussion forums and rating systems where instructors or students may evaluate each other’s artwork. Furthermore, it features an online store to purchase lessons, course materials and real-time tutoring live streams from professionals who teach these lessons. When accessing our Website either as a guest or registered user you can access all content, functionality and Services provided through the platform.
Before you use this Website, please take the time to read and understand the Terms of Use. By using this Website or clicking “accept” if given an option, you agree to be bound by these terms as well as our Privacy Policy which can be found at /privacy-policy and is incorporated here in its entirety. If after reading both of these documents you do not want to abide by them, then please refrain from accessing or using the website.
Our Website requires users to be at least 13 years of age. By continuing, you agree that you meet the requirements for entry into this website. Moreover, if any images displayed on our site contain nudity in a manner deemed offensive by some visitors, these pages should not be accessed as they may cause discomfort and offence.
2. Changes to the Terms of Use
We reserve the right to make any changes we deem necessary to these Terms of Use at any time and without warning. Your continued use of this Website will be considered your acceptance of those modifications, so it is highly recommended that you visit here regularly for all updates required by each user. All alterations take effect immediately upon posting on our website, making it even more crucial that you stay informed!
3. Accessing the Website and Account Security
We reserve the right to amend, withdraw, or terminate any material and services on this website at our discretion with no prior warning. We may also restrict access temporarily to certain areas of this website – including registered users – so make sure you are always paying attention! To ensure ongoing access to the Website, it is your responsibility to take the necessary steps for connection. In addition, all people using your internet service must comply with these Terms of Use as well.
When accessing certain resources on our Website, we may require you to provide us with some information. We ask that all details are both accurate and complete at all times. By taking advantage of the interactive features available on this Website or providing us with any data, you acknowledge that your personal information is subject to our Privacy Policy and grant us permission to process it in accordance thereto.
It is absolutely essential that you safeguard and never reveal your confidential security details, like passwords or usernames. Furthermore, it must be understood that your account belongs to only you; thusly do not allow anyone else access by using your username/password or any other security credentials. To ensure optimal security, contact us right away if there has been any unauthorized use of your information or a breach of the system’s safety protocols. To safeguard your profile and data even further, make sure to log out and close the browser window after each session. It is particularly essential that you are extremely cautious while logging into an account from public or shared devices; never let anyone else have access to view your password or other personal details.
To protect our Website from any form of misuse, we reserve the right to deactivate any user name, password or other identifier issued by us or chosen by you if it is determined that such usage has violated these Terms of Use or Community Rules. This action will be taken whenever someone is found abusing our platform by sending out spam messages.
4. Intellectual Property Rights
HTDS owns the entire contents and features of this Website, including but not limited to all information, software, text, displays, images, video and audio. Additionally, any content that is uploaded by users or other services is also owned either by HTDS or its licensors. The design selection and arrangement of these materials as outlined in our Terms of Use (including Section 7) remain exclusive to us. To be abundantly clear, you retain ownership of your User Contributions while granting us only a limited license in Section 7. However, the United States and international copyright, trademark, patent and related laws protect these materials regardless of who owns them. These Terms of Use restrict your right to utilize such materials as described herein. In order to safeguard the intellectual property rights of HTDS, our artists, instructors and users (such as yourself) for their work on the Websites, these restrictions have been imposed. This ensures that all creative materials accessible on the web pages remain protected.
Unless you are an instructor, moderator, or administrator of this Website, these Terms of Use solely permit your usage for personal purposes. Duplication, distribution and alteration of any material found on our Website are strictly prohibited; exceptions to this include:
Your computer may briefly store copies of said materials in RAM for the purpose of you accessing and visually experiencing them.
To enhance the display of your web pages, some files may be stored temporarily in your browser’s cache.
By all means, feel free to print or take a screenshot of portions of our website for your own convenience. This material is intended exclusively for personal use and should not be reproduced, printed or distributed in any form.
If you are looking to download our desktop, mobile or other applications for your own personal use, we would kindly ask that you agree to the terms of our end-user license agreement. Once accepted, feel free to make a single copy onto the device of your choice – it’s as simple as that!
If you’re presented with social media features alongside certain content, please take advantage of these options to enhance your experience.
If you access and download material from our Website to use offline, or if we make such content available for you to do so through a “download” link, then that material is yours alone. You may save it onto your device, view it whenever you’d like without an internet connection and use the downloaded materials for purely personal means.
As stipulated in the instructor agreement, if applicable.
All non-instructors must not:
Transform any materials from this site to customize them for your needs.
Make sure to use any images, videos and audio sequences in a way that works with the accompanying text. When possible, separate these elements from the text for greater impact.
Do not modify or remove any copyright, trademark, or other proprietary rights notices from materials obtained on this website. Unless you are an instructor, it is strictly prohibited to access and use the Website for commercial purposes—this includes but isn’t limited to printing, copying, modifying and downloading of material found here. Should the such activity be undertaken without permission in breach of the Terms of Use agreement; your right to use the Website will cease immediately with a request that all copies made must be returned or destroyed at our discretion. You will continue to be the owner of your User Content, but NO other right or title shall transfer to you with regards to this Website or any of its content. To ensure clear compliance, all rights not expressly granted are firmly reserved by HTDS. Any unauthorized use that is contrary to these Terms Of Use puts you in breach and could potentially violate copyright, trademark and other laws applicable thereto.
5. Trademarks
HTDS names, logos, product and service designations, and slogans are trademarked and may not be utilized without the prior written authorization of DESSINER LLC managers . However, if permission is granted by DESSINER LLC then you will receive a limited non-exclusive license to use these trademarks accordingly. All other designs as well as their respective owners’ names/logos which appear on this website retain exclusive rights over them.
6. Prohibited Uses
In order to ensure that everyone can use the Website with confidence, you agree not to involve yourself in any unlawful activity while using our services and abide by these Terms of Use. Furthermore, you pledge that:
– Any action that goes against federal, state, local or international laws and regulations (including export rules of data and software to/from the US or other countries) is strictly prohibited.
– Attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
– It is strictly prohibited to distribute, acquire, upload, download, utilize or repurpose any material which breaches the Content Standards listed in these Terms of Use.
– Any attempt to transmit, or assist in the transmission of, promotional material such as solicitations and “junk mail”, “chain letters” or unsolicited emails (“spam”) is prohibited.
– We strictly forbid trying to deceive anyone by imitating, or appearing as if you are HTDS, a representative of the company, any other user/person or entity (such as through email usernames and display names linked with one of the above).
– To participate in any action that limits or impedes anyone’s access to the Website, or which can be considered as hazardous to HTDS’ customers and users of the Website by us.
Furthermore:
– You are strictly prohibited from using the Website in any way that would disable, overload, damage or impede its functioning. This includes interfering with other users’ ability to engage in real-time activities on the site.
– It is strictly prohibited to utilize any method of automated access, such as robots, spiders or other automatic devices/processes for the purpose of monitoring and/or copying material from this website.
– If you wish to utilize any material from this Website for any purpose other than what is explicitly outlined in the Terms of Use, please contact us first to gain our written consent. Any manual process that tracks or copies content on this site without our express authorization will not be tolerated.
– Do not employ any device, software or routine that disrupts the functioning of this Website.
– Refrain from introducing any malicious software, such as viruses and worms, or harmful code which could compromise the integrity of technology.
– Do not attempt to access, disrupt, or alter any part of the Website , its server, associated servers and databases without proper authorization. Doing so could result in damage that hinders website performance.
– Launch a denial-of-service attack or distributed denial-of-service attack to cripple the Website and servers utilized by Applications.
– Do not post any false or libelous reviews, comments or upvotes/downvotes as part of a scheme to obtain more Activity Points and User Levels. It is also prohibited to exchange reviews, comments, or votes with other users for the purpose of increasing your activity points and user levels. Additionally, do not pay someone nor accept payment in return for posting (or refraining from posting) anything on our website.
– Under no circumstances should one attempt to disrupt the proper functioning of the Website.
7. User Contributions
Our website offers a range of Interactive Services that let users share content, such as artwork. This includes message boards, chat rooms and direct messaging to other users, rating or review systems in addition to one-on-one video training and lives streams with the opportunity for challenges or competitions between members; From blog posts to comments on forums and message boards, from ratings and reviews of artwork to upvotes or downvotes, albums featuring your creative work, instructional materials for teaching purposes – whatever content you choose to post or transmit through the website will be considered as “User Contributions”.
You retain ownership of all intellectual property rights pertaining to your User Contributions, including copyrights, trademarks, patents, moral rights and other protected elements under existing laws. Your user contributions will not be regarded as confidential or proprietary information; however, these Terms of Use won’t take away the legal authority you have over such content. For us to provide Services on our Website effectively, we must consider any User Contribution that is posted publicly as non-confidential and therefore available for use without restrictions pursuant to Content Standards referred to in this document. By furnishing any User Contribution to our Website, you grant us and our affiliates the privilege to use, re-create, alter, display and communicate such material with third parties in order to provide the Website’s services. This also allows us permission to identify you by name while attributing your likeness or appearance in promotional materials. Furthermore, this license is continuously extended towards successors as well as assigns of both ours and their respective licensors.
You are legally and ethically responsible to guarantee that:
– By posting User Contributions, you certify that you have complete control over the rights to said content. Moreover, you grant us and our respective affiliates a limited license for use in all present or future endeavours; forwarding it on to their service providers if necessary. Furthermore, this license is also applicable should any successors or assigns take ownership of such material down the line.
– All of your User Contributions must adhere to these Terms of Use.
– We prohibit the duplication, dissemination, alteration, construction of derivative works from or public display and execution of any User Contributions posted on our Website without express consent given by the said user. Additionally, we do not allow downloading, storing or transmitting such contributions in any form.
By submitting or contributing User Contributions, you recognize and acknowledge that the sole responsibility for such content lies with you – not HTDS. This includes ensuring its legality, reliability, accuracy and appropriateness.
By using this website, you acknowledge that we are not liable for any third party for the content or accuracy of any user contributions posted by either yourself or other site users.
8. Monitoring and Enforcement; Termination
To maintain the quality of our Website, moderators may periodically monitor User Contributions, activities conducted on Interactive Services, and posts made by users. We or our moderators hold the right to:
– We reserve the right to identify and delete any User Contributions that we deem inappropriate, offensive, or in violation of our policies. Moderators may also exercise their discretion in declining posts from Users for any reason.
– At HTDS, we reserve the right to take any action that we deem appropriate in regards to User Contributions. This includes if a User Contribution is deemed by us or our moderators as violating our Terms of Use and/or Content Standards, infringing upon another person’s or entity’s intellectual property rights, threatening personal safety for users on the website or anyone else, or creating potential liability for HTDS.
– In an effort to maintain the integrity of our website, we reserve the right to deny you access—either temporarily or permanently—or suspend your current privileges on all or part of the Website without prior notice and at any time in our sole discretion should you violate these Terms of Use.
We are endowed with those rights:
– Refrain from divulging your identity or personal information to any third party who alleges that the material posted by you infringes upon their intellectual property rights or privacy.
– We will take legal action, including but not limited to contacting law enforcement, for any illegal or unauthorized use of our Website.
Furthermore, we will fully cooperate with any court order or law enforcement agency requesting disclosure of the identity or other information concerning anyone who posts materials on our Website.By agreeing to these terms, you relinquish all claims against HTDS and its affiliated parties, licensees and service providers that may arise from any investigation initiated by them or through law enforcement authorities.
Although we strive to keep our Website as secure and up-to-date as possible, it is not feasible for our moderators or us to actively monitor all activities taking place on the platform. Furthermore, due to the sheer volume of material posted daily, we cannot ensure that any unacceptable content will be promptly removed from view or that offending actions taken against those responsible after they have been committed. Therefore, we shall not be held responsible for any transmissions, communications or content provided by any user or third party. Furthermore, we do not accept liability for the activities discussed in this section whether they are conducted effectively or ineffectively.
9. Content Standards
As a User, you must abide by all applicable federal, state, local and international laws and regulations when using any of our Interactive Services. Furthermore, your contributions should be meaningful in terms of literary value or relevance to current political affairs (as determined solely by us). To ensure that we maintain high standards for quality on the platform, please refrain from including anything in your Contributions which:
– Refrain from publishing any material that is disrespectful, obscene, profane, menacing, offensive or otherwise inappropriate.
– We strictly prohibit the advertisement and endorsement of any materials with sexual content, violence, or discrimination based on nationality, race, religion, disability status, gender identity/expression or age.
– Violate any patent, trademark, trade secret, copyright or other intellectual property rights belonging to another individual.
– Do not infringe on any legal rights (which has the right to privacy and publicity) of others, nor include anything that may lead to a civil or criminal liability according to relevant laws and regulations. Furthermore, make sure that your content does not contradict these Terms of Use or our Privacy Policy.
– Be likely to mislead or hoodwink anyone.
– It is strictly prohibited to publicize, encourage or help any illegal activity.
– Invoke vexation, disturbance or superfluous uneasiness and cause discombobulation to another reasonable individual.
– Falsely assume the identity of another person, or deceive others into believing you are affiliated with a different individual or organization.
– You may use the Site to promote and offer your own artwork or art supplies, as long as they do not compete with products offered by HTDS. That being said, you are also authorized to partake in commercial activities like contests, sweepstakes, barter deals and other sales promotions. However be aware that these user contributions will be subject to review and possible removal from HTDS if deemed inappropriate.
– Ensure that any communications do not suggest they are supported by our business or any other individual, if that is incorrect.
10. Terms of Sale
Prices and discounts featured on our website may be updated without prior notice. Please take into account that taxes will be included in your total cost of purchase at checkout.
11. Contracts between You and a Third Party
The Services offer a variety of product and service offerings that enable you to enter into transactions with third parties under separate terms. If appropriate, the applicable terms will be presented to you when making any purchases from these outside providers. By accepting these terms, you agree that HTDS will not be held liable for any transactions conducted with third parties through the Services. HTDS has no power or authority over price setting, contract terms, quality assurance, safety compliance and conformance or legality of the products and services advertised by third parties through our Services. You as an individual are fully responsible to investigate any claims regarding your attendance in one-on-one sessions with instructors as well as live streams or courses they provide. By agreeing to these terms, you acknowledge that the third party is solely responsible for all services and products they provide or make accessible through this website. HTDS will not be held accountable for any liabilities resulting from participation in services provided by the third party on the Website or your inability to participate in them.
12. Feedback
From time to time, you may offer us insight on how to enhance our website or services, through feedback. HTDS reserves the right to make the ultimate decision on whether any requested improvements should be made and developed. By agreeing to this document, HTDS is granted a royalty-free, transferable and perpetual license that allows the firm to copy, distribute, transmit and display the Feedback. Furthermore, it will have access to create derivative works of said feedback as well as develop products or services which practice or embody such information. This holds true for any third parties associated with HTDS considering marketing and selling these products across all regions worldwide.
13. Copyright Infringement
We treat allegations of copyright infringement seriously, and will address compliant notifications of such violations in accordance with applicable legal statutes.If you feel any materials on or from our Website infringe upon your copyright, you have the right to request their removal (or access) by submitting written notification to our Copyright Agent. The Digital Millennium Copyright Act of 17 U.S.C § 512 requires that the notice must contain certain elements for it to be considered valid and complete; these include:
– Your digital or handwritten signature.
– If you believe one of your copyrights has been infringed, please provide a detailed description or identification of the works. If multiple works have been allegedly violated on our website, kindly include a comprehensive list to aid us in resolving this issue.
– To enable us to accurately identify the material that you believe to be infringing, kindly provide a clear and specific description of said content.
– Please provide us with pertinent contact information, including your full name, mailing address, phone number and email (if available).
– We have appointed a Copyright Agent to receive any DMCA Notices:
P. Graf
DESSINER LLC
support@howtodrawschool.com
+1 (415) 735-9151
To ensure your DMCA Notice is valid, be sure to abide by all of the provisions within Section 512(c)(3) of the DMCA. Additionally, should you provide a knowingly false accusation that material or activity on any website infringes upon your copyright, you can face legal repercussions like damages and attorney’s fees as per Section 512(f) of the DMCA.
To ensure a safe, secure environment for all users, we reserve the right to suspend or terminate any account deemed as a repeat offender. Please be aware of our policy and abide by it accordingly.
If you feel that your User Contributions were taken down erroneously due to a DMCA Notice, we are required by the law to promptly inform you and give you the chance to submit an appropriate counter-notice. This must include all of the necessary information described below and will be given along with your contact info to the party who initially submitted the complain:
– Your personalized autograph.
– In order for us to reach you, kindly provide essential contact information such as your full name, mailing address, telephone number and (if applicable) email address.
– Tracking the source and location of the material that has been taken away is essential.
– I can assure you that my User Content does not violate the copyright because I have taken all necessary steps to ensure it is in compliance with current laws and regulations.
– In order to submit a DMCA Counter-Notice, please ensure you include the following statements:
“I declare, under penalty of perjury, that I have a good faith belief that the complaint of the copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.”
“I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which HTDS, may be found).”
“I agree to accept service of process from the complainant.”
“Having received this counter-notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the complainant of this notice, and to restore the material in dispute (or not take the material down in the first place), unless the complainant files suit against me within 10 days.”
Please be aware that if you knowingly make any false claim in the DMCA Counter-Notice, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
14. Reliance on Information Posted
All information provided on the Website is purely for informational purposes and should not be used as a substitute for professional advice. We cannot guarantee that our content will always be accurate, complete, or useful; therefore relying solely on it would be at your own risk. We accept no responsibility or liability if you trust any materials we present here – either by you directly or someone else who may have been exposed to this information. Therefore please exercise caution while browsing through our site!
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
15. Changes to the Website
From time to time, we may update the Website content, but please be aware that it is not necessarily up-to-date. It’s possible some of the material on our site could become outdated without warning, and we make no guarantees as to when or if any updates will occur.
16. Information About You and Your Visits to the Website
By accessing this Website, you are consenting to the collection of your data in accordance with our Privacy Policy. All information obtained from users is handled according to its guidelines and regulations, ensuring that all user privacy remains secure and protected.
17. Linking to the Website and Social Media Features
We gladly grant you permission to link our website, however it must be done in a respectful way that doesn’t harm or exploit our good name. Further, absolutely no forms of association, agreement or endorsement can be implied by the link without written consent from us.
Our affiliate program members are welcome to link our website in accordance with the terms and conditions of their associated agreement. Our site also offers a range of social media features that allow you to:
– Connect to pertinent content on the Website from your own or approved third-party websites.
– Deliver emails with special information, or include connections to distinct content on this Website, in your communications.
– Enable only portions of content from this Website to be presented, or appear as if they have been presented on your own website or certain third-party websites.
To make the most of these features, you must use them as provided and intended by us. Any additional terms we provide in connection to these features should also be adhered to. Additionally, please keep in mind that you are prohibited from:
– Avoid establishing a link from any website that does not belong to you or for which you have not acquired permission to post on.
– It is not allowed to display or project any part of this Website on another site by, for instance, framing or in-line linking.
– Ensure that any actions taken with respect to the material on this Website are consistent with all other provisions of these Terms of Use.
To ensure compliance, we require that you cease any unauthorized framing or linking upon our request. Moreover, we reserve the right to disable all social media features and links without prior notification in order to protect our interests and intellectual property.
18. Links from the Website
To make your navigation easier, we may provide links to other third-party websites and resources. This includes banners and sponsored ads from our affiliates. However, please note that these external sites are not under our control and the content they display is solely their responsibility. We do not have authority over the contents of those sites or resources, and thus cannot be held accountable for them. If you choose to proceed in visiting any third-party websites linked to our Website, it is done solely at your own risk and under their terms & conditions. Be aware that we are not liable for any loss or harm resulting from your visit there.
19. Geographic Restrictions
We make this website available to all people, no matter their geographic location. Yet, we cannot guarantee that the content of our website is appropriate or can be accessed in some countries. If you choose to visit us from outside the United States, it’s your responsibility to ensure that you adhere to local laws and regulations.
20. Results Disclaimer
Our website and services are designed to help you hone your drawing, painting, and other artistic capabilities. With our expertise and experience guiding the way, we take learning seriously – understanding that everyone absorbs information on a personal level. As evidence of how successful HTDS is in teaching these skills, we proudly showcase results from our students who use this platform as part of their creative journey! It’s important to note that these examples should not be interpreted as a promise or guarantee of your future artistic skills and improvement, nor any other results. When you use the Website or our Services, it is completely up to you for your progress and results; thus, by accessing this Website you accept full accountability for them. We cannot guarantee that you will achieve any specific outcomes by using the ideas, tools, strategies or recommendations available on our Website. Furthermore, no statement made on the Website is a warranty or promise of certain results to you.
21. Disclaimer of Warranties
We cannot guarantee that files available for downloading from the internet or our Website are free of viruses, malware, or other harmful code. To ensure your safety and satisfaction with data input/output accuracy, you must implement sufficient protective procedures and checkpoints as well as maintain an external method to recover any lost information. You are solely responsible for any loss or damage caused by viruses, distributed denial-of-service attacks, and other technologically hostile materials that may infect your computer equipment, programs, data and other proprietary material due to your use of the website or services obtained from it. Furthermore, you will be held accountable for any consequences resulting from downloading material found on this site or sites linked to it.
When using the website, its content, and any services or items obtained through it, you must accept full responsibility for all risks. HTDS does not give guarantees of any kind that the website is complete, secure, reliable, accurate or available at all times; these are provided as-is with no additional warranties.
HTDS explicitly disclaims any type of warranties, either expressed or implied, including but not limited to any guarantees of merchantability, non-infringement and suitability for specific purposes. Nevertheless, the foregoing shall not contravene with whatever cannot be excluded or restricted according to applicable law.
22. Limitation on Liability
HTDS, its affiliates or their licensors, service providers, employees, agents, officers or directors will not be liable for any damages that may arise out of your use of the website or any related services obtained from it. This includes but is not limited to direct and indirect losses such as personal injury, pain and suffering, emotional distress, loss of revenue and profits. The foregoing shall not contravene with whatever cannot be excluded or restricted according to applicable law.
23. Indemnification
By agreeing to these Terms of Use and using the Website, you accept full responsibility for any claims, liabilities, damages, awards or losses that may occur. You also agree to cover all legal costs incurred by HTDS Inc., its affiliates and licensors in defending against such allegations. In addition, you indemnify them from liability associated with their officers’, directors’, employees’, contractors’ agents’, suppliers’ successors’ and assigns’ violation of these terms. These Terms of Use authorize you to use the Website, its ‘ content, services and products in specific ways. This includes your User Contributions as well as using any information obtained from the website. Any other uses are strictly prohibited.
24. Limitation on Time to File Claims
To maintain your legal rights to any claim or cause of action stemming from these Terms of Use or the Website, you must take immediate action and submit such suit within one year’s time. After that point has passed, you will be barred permanently from filing a lawsuit related to those matters.
25. Waiver and Severability
HTDS maintains its right to enforce any term or condition set forth in these Terms of Use and will not be held responsible for waiving such rights. Unless otherwise stated, HTDS cannot waive any provisions within these Terms of Use and declining to exercise a particular right does not constitute as a waiver under law.
In the event that any of these Terms of Use are deemed invalid, illegal or unenforceable by a court of competent jurisdiction for whatever reason, such provision shall be limited to its minimum extent so that all other provisions remain in full force and effect.
26. Entire Agreement
The Terms of Use, Privacy Policy, Instructor Agreement (if applicable), and Affiliate Marketing Agreement (if necessary) constitute the only contract between you and HTDS with respect to the Website. These documents override any prior or concurrent written or verbal understandings that have been made in regards to this website.
27. Your Comments and Concerns
At HTDS, we operate the Website. If you believe that any content or material on this Website infringes upon your copyright, please notify us by sending a notice to our designated Copyright Agent using the contact details provided below. For all other inquiries and requests related to the Website such as feedback, comments or technical support – including refunds – feel free to reach out: support@howtodrawschool.com.