TERMS OF SERVICE
This website is operated by Visual Arts Passage. Throughout the site, the terms “we”, “us” and “our” refer to Visual Arts Passage. Visual Arts Passage offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Visual Arts Passage, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Visual Arts Passage and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 420 East Bannister Road, Suite 600, Kansas City, MO, 64114, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
Visual Arts Passage is not a school or accredited organization offering any certificate, diploma, or official document of completion.
All events tied to Visual Arts Passage are hosted in an online classroom. Attendees sometimes have the ability to share their desktop, chat, and use video and audio capabilities. Other attendees, administration, and instructors can view this content. Visual Arts Passage is not liable for any sensitive or private information intentionally or unintentionally shared by students using any of the tools in our online classroom.
All meetings, classes, events, and webinars are recorded and stored on Zoom's (our video conferencing software provider) cloud. This includes all data included in the recording: Video, audio, transcripts, chat, and usernames. By attending, you are granting permission to participate in a recorded event and your participation may be recorded and available for viewing to the public at a later time, potentially on our website or a third-party video player such as Youtube.
Hateful, abusive, or inappropriate remarks made during any Visual Arts Passage event by an attendee will not be tolerated. The attendee will be removed from the room and will not receive a refund. Visual Arts Passage is not and will not be held liable for anything said by participants or guest speakers.
The views and opinions expressed in online classes by speakers and attendees are those of the speaker and do not necessarily reflect the official policy or position of Visual Arts Passage. Any content provided by speaking artists outside of Visual Arts Passage are of their personal opinion, and are not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.
Visual Arts Passage is not liable for anything shared, said, or done in a classroom by attendees, speakers, or non-Visual Arts Passage administration.
Attendees are never given lifetime access to any of our recordings and we do not guarantee recordings will be available after any live event.
All events hosted by Visual Arts Passage are for adults, ages 18 years or older. Attendees under the age of 18 must demonstrate permission from their parent or legal guardian. By attending or enrolling in our events, you are confirming that you are 18 years of age or older.
Some of Visual Arts Passage's lectures, demonstrations, and events may display artwork featuring some nudity. By attending these events, you are confirming that you are aware of this.
Visiting artists/instructors/mentors/speakers will sometimes cancel and/or reschedule. This is the nature of hosting a workshop taught by many of the most accomplished artists in the industry. This cannot be controlled by Visual Arts Passage and Visual Arts Passage is not liable for any cancellations at any point in time. If an artist cancels, students are not eligible for any refund and The Illustration Academy is not required or liable to compensate customers in return or replace the instructor under any circumstance.
In the event of an artist cancelling or rescheduling, Visual Arts Passage will to the best of their ability create a reasonable solution to deliver the educational experience.
RECORDING STORAGE and LIABILITY
Recordings for Visual Arts Passage's Online Mentorship Courses and Programs are not included in the purchased product and are not owned by the student. The customer is not entitled to these recordings in any form or fashion. The recordings are solely intended for students to attend the program with a flexible schedule or to catch up if they fail to attend the scheduled live event. Students are expected to attend the live event in order to attend Visual Arts Passage. In the event that a class or course recording/data/or information are lost, compromised, damaged, or not viewable to the student, staff, instructor or administration, due to Zoom.us' storage methods or other storage methods, Visual Arts Passage is not liable and is not required to take any actions to resolve this issue.
CLASS RECORDINGS AND PERMISSION TO BE INCLUDED IN RECORDINGS
All Visual Arts Passage classes are recorded and may be distributed and/or available to the public for viewing or purchase at a later date. By participating in a class, using audio, video, chat, or screensharing, a student may be included in said recording. By participating, you (student) are granting Visual Arts Passage permission and the right to share, sell, or release this recorded content (class video/recording) which includes your likeness, video stream, screenshare, artwork, your voice, or Zoom chat messages.
CLASS, COURSE, PROGRAM, WEBINAR, EVENT RECORDINGS & PIRATING
All class, CLASS, COURSE, PROGRAM, WEBINAR, and EVENT RECORDINGS are owned by Visual Arts Passage and cannot be shared, copied, recorded, distributed, or provided to other individuals via any form of distribution. This includes sharing your personal login information or using an account to distribute the live class or recording to a group or class.
Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.
You must read these Terms and Conditions in their entirety before you applying for and or accepting a Visual Arts Passage Scholarship. When you accept your scholarship you are agreeing to and accepting these Terms and Conditions and agree to the requirements and conditions of your scholarship.
Providing false or misleading information is an offense. If Visual Arts Passage knows or has reason to believe that you have provided false or misleading information, Visual Arts Passage may reassess your entitlement to the scholarship and withdraw, remove, or discontinue any award related to the Scholarship at any time.
Scholarships winners are not awarded cash, or money, but are granted free access to one or more online classes. Under no circumstances is cash, money, or check awarded to a scholarship candidate.
All students offered scholarships will receive an official ‘offer’ email offering the funds, and must reply either accepting or rejecting this offer within 3-days of receipt.
Failure to respond within this 3-day period may result in the scholarship offer being withdrawn and reassigned. You must accept your scholarship offer by the due date, as instructed in your offer email, to be eligible to receive the Scholarship.
SCHOLARSHIP: COURSE PARTICIPATION
If you are awarded a scholarship and do not participate in one or more of the course assignments or attend and/or view class recordings, your Scholarship can be withdrawn, removed, or discontinued.
Students awarded a scholarship are expected to comply with all rules, regulations, and terms associated with Visual Arts Passage. At any point, Visual Arts Passage reserves the right to withdraw, cancel, or discontinue a student’s scholarship due to their behaviour, treatment of others, or reasons not mentioned.
SCHOLARSHIPS: SCHEDULING & DEFERMENT
Scholarships are only offered for single courses at a time and do not apply to an entire program. If a course is cancelled or delayed due to enrollment or the instructor’s schedule, we are not required to fulfill the scholarship until the scheduled course begins. Students cannot defer their scholarship eligibility to a later date and must attend the course they qualify for.
SCHOLARSHIPS: AMOUNT AWARDED
Not all students receive a full scholarship to Visual Arts Passage courses. The Scholarship amount is determined by the Program Director and Administration.
Some students may be awarded partial scholarships. The amount is determined on a case-by-case basis.
Scholarships are awarded based on quality of the students work and personal essay. If the Call for Entries does not result in a qualified candidate, Visual Arts Passage is NOT required to award any scholarship.
Visual Arts Passage is not required to provide Scholarship students with any material, technical gear, access to wifi, or electronic equipment to attend the program. Scholarship candidates must provide these materials for themselves.
All sales by Visual Arts Passage that are digital services and do not include a physical product, are non-refundable after any amount of the said services have been rendered.
ONLINE MENTORSHIP REFUND
Visual Arts Passage will provide a refund up until 2 weeks before the start of the services you have purchased. A 3% service fee is deducted from this refund.
Refunds up until the first week of the purchased service (1 class) qualify for a 50% refund of the total class ($899.50). Any cancellation requires a 5% processing fee, which will be an additional deduction from the refund. Students enrolled for payment plan installments are still required to pay the full 50% of the program cost, even if they have not yet complete there second payment.
After a student’s first class, your payment for the program is non-refundable. Students’ Payment Plans will not be cancelled or refunded and the student will continue to be billed for the class.
SINGLE EVENT/DEMONSTRATION/TUTORIAL/WEBINAR REFUND POLICY
Passage Events, such as demonstrations, lectures, recordings, and tutorials, are non-refundable after purchase.
If you have any questions, please contact us at firstname.lastname@example.org