Terms & Conditions - S.Barnes Designs & Simply Swassy

Terms & Conditions

The following terminology applies to these Terms and Conditions, Privacy Statement, and any or all Agreements: “Client”, “Subscriber”, “Member”, “Student”, “Collector”, “You” and “Your” refers to you, the person accessing this course/website and accepting the artist’s terms and conditions.

“The Artist”, “Myself”, “Me”, and “I” refers to artist Shawna N.M. Barnes. “Party”, “Parties”, or “Us”, refers to both the client and myself, or either the client or myself.

“Studio”, “Company”, “Business” and “Organization” refers to the art business run by Shawna N.M. Barnes under the names SBarnes Designs and Simply Swassy.

All terms refer to the offer, acceptance and consideration of payment necessary to gain access to the material.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement, and any or all Agreements: “Client”, “Subscriber”, “Member”, “Student”, “Collector”, “You” and “Your” refers to you, the person accessing this course/website and accepting the artist’s terms and conditions.

“The Artist”, “Myself”, “Me”, and “I” refers to artist Shawna N.M. Barnes. “Party”, “Parties”, or “Us”, refers to both the client and myself, or either the client or myself.

“Studio”, “Company”, “Business” and “Organization” refers to the art business run by Shawna N.M. Barnes under the names SBarnes Designs and Simply Swassy.

All terms refer to the offer, acceptance and consideration of payment necessary to gain access to the material.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

I employ the use of cookies – you probably noticed the bar stating that when you first visited the website. By using Shawna N.M. Barnes’ website you consent to the use of cookies in accordance with my privacy policy. Most of the modern day interactive web sites use cookies to enable me to retrieve user details for each visit. Cookies are used in some areas of my site to enable the functionality of this area and ease of use for those people visiting.

License

Unless otherwise stated, the artist Shawna N.M. Barnes owns the intellectual property rights for all material on Shawna N.M. Barnes’ website and within any courses. All intellectual property rights are reserved. You may view and/or print pages from http://www.shawnabarnes.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

- - - Republish material from http://www.shawnabarnes.com or any of the course material
    - Sell, rent or sub-license material from http://www.shawnabarnes.com or any of the course material
    - Reproduce, duplicate or copy material from http://www.shawnabarnes.com or any of the course material without prior written permission and/or authorization.
    - Redistribute content from Shawna N.M. Barnes (unless content is specifically made for redistribution)

User Comments

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Shawna N.M. Barnes does her best to ensure material shared is not spam or inappropriate in nature. The artist does screen, and review Comments prior to their appearance on the website or in course discussion forums to ensure they do not violate her established community standards (see below). Negative comments concerning a user’s experience are never omitted – the artist believes that these can be just as important in establishing a solid business foundation as positive testimonials. User Comments do not reflect the views or opinions of the artist, her associates, agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Shawna N.M. Barnes shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Shawna N.M. Barnes reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You warrant and represent that:

- - - You are entitled to post the Comments on my website and have all necessary licenses and consents to do so;
    - The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    - The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
    - The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity

You hereby grant to Shawna N.M. Barnes of Beyond the Clay Art Studio a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media. The artist will receive approval from the comment author for direct quotes and/or testimonials prior to publication and attribution.

Community Standards

The artist expects all participants, students, and members of her website to act in a manner that does not marginalize any one demographic, ethnicity, nationality, or other type of group of people. Comments that are mean spirited, hateful, discriminatory, threatening or harassing in nature will be removed. There is a 0 tolerance policy for bullying and/or hateful rhetoric and behavior.

Basically –

Don’t attack people and don’t respond to attacks – report them to the artist and move on
Keep your comments, discussion, and questions on topic, relevant and constructive
Take responsibility for the quality of the conversations you take part in
Above all, respect others and their opinions.

Gross violations of these community standards will result in the student immediately being removed from all platforms; forfeiting their attendance, participation, and access to all course related material and activities; and blocked/banned from all future participation in any course created or produced by the artist. If it is the actions previously mentioned that results in the student’s removal from the course, no refunds will be given.

For minor infractions (to be determined by the artist) of these community standards, a three strike policy is in effect. The student will be spoken to and made aware that their actions and/or behavior is inappropriate and in violation of these community standards. After the third incident, the student will be removed and blocked from all future course offerings. If the actions of the student result in their removal from the course, no refunds will be given.

Students will interact with other students and the artist with respect. Keep in mind that context and intent are often lost due to the nature of the internet and social media. It is expected that you will act and/or react accordingly.

It is okay to disagree on an approach, method, or technique. The artist welcomes dialogue and different points of view. If you disagree with what has been presented in a course or on the website, explain your position by backing up your opinion. Be willing to discuss your position and why you disagree.

Hyperlinking to Content

The following organizations may link to this website and/or course landing page without prior written approval:

- - - Government agencies
    - Search engines
    - News organizations
    - Online directory distributors when they list me in the directory may link to my website in the same manner as they hyperlink to the websites of other listed businesses; and
    - System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to my website

These organizations may link to my home page, to publications, to the course home landing page or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site. I may consider and approve in my sole discretion other link requests from the following types of organizations:

- - - commonly-known consumer and/or business information sources such as Chambers of Commerce
    - associations or other groups representing charities, including charity giving sites
    - online directory distributors
    - educational institutions and trade associations.

I will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on me, my studio, or any associated businesses; (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to my home page, to publications, course landing page, or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to my website, you must notify the artist by sending an e-mail to info@shawnabarnes.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to my website/course landing page, and a list of the URL(s) on my site to which you would like to link. Allow up to 1-2 weeks for a response.

Approved individuals or organizations may hyperlink to my website and/or course landing page as follows:

- - - By use of my business/art studio name; or
    - By use of my full name – Shawna N.M. Barnes; or
    - By use of the uniform resource locator (Web address) being linked to (i.e. blog or article title and link); or
    - By use of any other description of my website or material being linked to that makes sense within the context and format of content on the linking party’s site

No use of Shawna N.M. Barnes’ logo or other artwork will be allowed for linking without written consent.

Reservation of Rights

I reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to my website and/or course content. You agree to immediately remove all links to my website upon such request. I also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to my website and/or course, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from my website

If you find any link on my website, mentioned within any course, or any linked website objectionable for any reason, please contact me about this. I will consider requests to remove links based on your concerns, but will have no obligation to do so. You will receive a direct response with my decision to remove, amend, or maintain the link in question.

While I do my best to ensure that the information on this website is correct, I cannot warrant nor guarantee its completeness or accuracy. I will strive to ensure that the website and courses contained within remain available and that the material is kept up to date for as long as my art business is running.

Content Liability

I shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend the artist against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Payment

General

By selecting/purchasing a product, course, membership or service, you agree to pay Shawna N.M. Barnes the fee indicated. Subscription payments will be charged and processed monthly based on the specific product and its details. The artist maintains a 15 day money back satisfaction guarantee for all online courses.

Automatic Renewal

For subscriptions via PayPal, you must cancel the subscription through your PayPal account or it will renew based on the monthly or annual terms at the time of purchase. Unless you notify Shawna N.M. Barnes before the end of the applicable subscription period that you wish to cancel a subscription, your subscription will automatically renew and you authorize the artist to collect the annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism the artist has on record for you.

Disclaimer

To the maximum extent permitted by applicable law, I exclude all representations, warranties and conditions relating to my website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

- - - limit or exclude my or your liability for death or personal injury resulting from negligence;
    - limit or exclude my or your liability for fraud or fraudulent misrepresentation;
    - limit any of my or your liabilities in any way that is not permitted under applicable law; or
    - exclude any of my or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website, the information and services on the website, and in specific courses are provided to the best of knowledge, I will not be liable for any loss or damage of any nature.

Errors, Inaccuracies and Omissions

We make every effort to present the most recent, accurate, and reliable information on our Products and Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional, and we reserve the right to amend errors or to update product information at any time without prior notice. In the event a product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price.

Product & Pricing Information

Shawna has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Shawna cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. In the event of a typographic error in product pricing, SBarnes Designs will honor the lesser of the two so long as it is within 25% of actual listed price. Prices for all products and services are subject to change without notice. Any questions about prices can be verified by emailing Shawna at info@shawnabarnes.com.

Postage & Shipping

I have made every effort to display products and appropriate shipping costs to the best off my knowledge. Shipping charges are liable to increase (or decrease) without notice based on predetermined factors that are outside of my control. Prices for all products and services are subject to change without notice. If there is a discrepancy of more than $1 from what you paid at the time of checkout and the cost of the postage when your order is packed and shipped, a partial S&H refund will be applied to your payment method. Any questions about our S&H policy can be sent by emailing Shawna at info@shawnabarnes.com