Terms of Service

Introduction

Please read these Terms of Service (“Terms”) carefully. They contain the legal terms and conditions that govern your use of services provided to you by Drawing Academy (“we”, “us” or “our”).

By using our website, you agree to be bound by Section I of these Terms (“General Terms”), which contains provisions applicable to all users of our Service, including visitors to the Drawing Academy website (the “Site”). If you choose to register as a member of our Service or purchase products from us, you agree to be bound by, the additional terms set forth in Section II of these Terms (“Additional Terms”).

Section I: General Terms

Availability

This Service is provided by Drawing Academy on an “AS IS” and “AS AVAILABLE” basis and we reserve the right to modify, suspend or discontinue the Service, in our sole discretion, at any time and without notice. You agree that Drawing Academy is and will not be liable to you for any modification, suspension or discontinuance of the Service.

Privacy

Drawing Academy has a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of Drawing Academy’s privacy policy are incorporated into, and form a part of, these Terms.

Trademarks

All brand, product and service names used in this Service which identify Drawing Academy or third parties and their products and services are proprietary marks of Drawing Academy and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Drawing Academy or any third party with respect to any such image, logo or name.

Drawing Academy logos as well as design found on this site may be used publicly only with the written permission of Drawing Academy.

Ownership of Materials

All materials on Drawing Academy’s website are copyrighted and are protected under treaty provisions and world-wide copyright laws. Drawing Academy’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Drawing Academy’s written permission. Drawing Academy does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

Copyright

Drawing Academy is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Drawing Academy or the appropriate owner of copyright in such works. You agree not to distribute any part of the Service in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit Content to this Site must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access the Site prior to that time if we believe that the alleged infringement has occurred.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Drawing Academy website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our website without the prior express written permission of Drawing Academy.

External Links

Drawing Academy may provide links to third-party websites or resources. You acknowledge and agree that Drawing Academy is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Drawing Academy of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Third Party Software

As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an “AS IS” basis without warranty of any kind. In no event shall Drawing Academy be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Drawing Academy that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Drawing Academy does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Drawing Academy, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

Disclaimers

DRAWING ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. DRAWING ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. DRAWING ACADEMY MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT DRAWING ART ACADEMY IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, DRAWING ART ACADEMY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF DRAWING ART ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL DRAWING ACADEMY’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO DRAWING ACADEMY PURSUANT TO THIS AGREEMENT.

Drawing Academy does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an “as-is” and “as-available” basis. Drawing Academy cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Drawing Academy disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Drawing Academy will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.

Drawing Academy makes no guarantee of any specific result from use of this Site or use of the Drawing Academy service.

Drawing Academy disclaims any and all liability for the acts, omissions and conduct of any third party users, Drawing Academy users, advertisers and/or sponsors on the Site, in connection with the Drawing Academy service or otherwise related to your use of the Site and/or the Drawing Academy service. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Drawing Academy at http://drawingacademy.com/contact. Drawing Academy may investigate the claim and take appropriate action, in its sole discretion.

Amendment of the Terms

We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Drawing Academy for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

General

These Terms constitute the entire agreement between Drawing Academy and you with respect to your use of the Service. Drawing Academy’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Drawing Academy shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Drawing Academy.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Drawing Academy be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if Drawing Academy has been advised of the possibility of such damages.

Disputes

This site is controlled and operated by Drawing Academy from its offices in the United Kingdom. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed and construed by English law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this site, litigation must be brought in court in London, England without regard to its conflict of law provisions.

Indemnity

You agree to indemnify and hold Drawing Academy, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Section II: Additional Terms

Registration

To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

Password

When you register as a Drawing Academy Course member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Drawing Academy of any unauthorized use of your password.

Drawing Academy Course Duration

As a Drawing Academy Course member, you will have a lifetime access to the Drawing Academy Course Content and can rely on an unlimited personal support from the Course Tutors. The term “lifetime” is referred to the lifespan of the product.

Drawing Academy Course Content

Drawing Academy educational materials consist of 45 video lessons and additional bonus videos and books.

Access to Purchased Products

When you enroll in the Drawing Academy Course making one payment, you will get the full access to the Drawing Academy Course Content from day one.

Should you enroll on a monthly basis, the Drawing Academy’s Video Course will be delivered to you over a period of 3 months. Two sequential upgrades of your membership will happen after monthly recurring payments.

Access to Personal Support from Academy Tutors

As a Drawing Academy Course member, you will have a lifetime access to the personal support from Academy tutors, which includes artworks critiques.

Should you enroll on a monthly basis, skipped payment or cancellation of recurring payment will result in suspension of a personal support until you pay remaining part of the course fee in full. After such payment, your enrollment will be upgraded to a lifetime membership and you will enjoy all benefits of a full member, including full personal support from Academy tutors.

Diploma of Excellence

Members can apply for the Diploma of Excellence at any time after three months from enrollment.

User published content, artworks critique, and communication with Academy tutors

Drawing Academy reserves the right to publish any communication with Academy students and website visitors. Such content may include user’s name, artworks, feedback, comments and stories. We promise not to disclose user’s personal contact details such as email address, phone number and postal address. All copyrights for user’s artworks, comments and feedback remain with the user. By sending your content to Drawing Academy via website or email, you give your consent and full permission to use such content as we find necessary unless you specifically request to keep it private.

Membership Fees

The Drawing Academy course membership fee is charged on a monthly basis for the term of 3 months. The fees are subject to change at the sole discretion of Drawing Academy. When a member joins the Drawing Academy the fees will stay the same for the duration of the course for that member.

Cancellation of Membership

Member can cancel recurring payments at any time, thus cancelling Drawing Academy membership. Cancellation of membership will terminate the access to new video lessons.

Re-joining the Drawing Academy Course after cancellation

Members can re-join the Drawing Academy Course after cancellation. However, if by time member decides to re-join the Drawing Academy Course the membership fee would go up, we cannot guarantee previous discounted charges for such member.

Taking Breaks During the Membership Term

Member can take a break during the term by cancelling the membership and re-joining the Drawing Academy Course in the future. Drawing Academy could not guarantee today’s membership prices in the future.

Drawing Academy Course Access Limitations

The Drawing Academy course is for personal use only. If you intentionally give away your login details for other people to access the course, the access to the course will be denied and your account deleted without any refunds due to violation of our Terms of Use.

Drawing Academy monitors the number of IPs a member have used to login per day. There’s a limit to how many IP addresses member may login from. This limit can be changed by Drawing Academy by its sole discretion at any time. These limits are imposed to avoid membership access abuse when members distribute their access details to any third parties.

Suspension and Termination of Access and Membership

You agree that Drawing Academy may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfil any order, or any part of any order or terminate your membership, in Drawing Academy’s sole discretion, if you fail to comply with the Terms or applicable law.

System requirements

In order to fully benefit from the Drawing Academy course, you need to have an internet connected device with an up-to-date-web browser and enabled plugins including Flash player that has to be installed and enabled. Video lessons are streamed over Internet and sufficient speed internet connection is required. It is your responsibility to ensure you have video-ready device and web browser before purchasing the course.

Technical and Customer Support

We provide all necessary customer support. You can contact us at and we will be happy to help.

Product Purchases from the Drawing Academy

From time to time, Drawing Academy may make certain products available for purchase. All payments are to be made in US dollars and prices are subject to change at any time. Applicable sales taxes might be added to your order during the checkout process.

Please refer to the Drawing Academy Sales and Refund Policy page for terms and conditions related to products purchases, membership cancelling and refunds.

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ANY PRODUCT PURCHASED THROUGH US IS PROVIDED ON AN “AS IS” BASIS. DRAWING ACADEMY’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH US SHALL BE FOR DRAWING ACADEMY TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEDING PARAGRAPH.