Terms of Purchase - Online School Courses

The following Terms of Purchase are entered into by and between You and Rebecca Rhodes Art (“Company”, “we”, or “us”) and the Online School (https://rebeccarhodes.teachable.com/).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://rebeccarhodesart.com and https://rebeccarhodes.teachable.com/, including any content, functionality and services offered on or through www.rebeccarhodesart.com (the “Website”) and rebeccarhodes.teachable.com (the “Online school”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website or the Online school. By using the Website or Online school or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website or the Online school.

Rebecca Rhodes’ Online School

Purchase of Rebecca Rhodes’ online courses are available through Teachable (Teachable, Inc.) at https://rebeccarhodes.teachable.com/

Teachable is an online learning platform with integrated ecommerce, and is subject to the Teachable’s Terms of Use, found here: https://teachable.com/terms-of-use

TERMS OF USE

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you agree to be provided with products, programs, or services as part of Rebecca Rhodes Art website and Rebecca Rhodes’ Online School website (“Membership”) operated by Rebecca Rhodes (“Owner”), acting on behalf of Rebecca Rhodes Art (“Company”), and you are entering into a legally binding agreement with Rebecca Rhodes Art, subject to the following terms:

(a) Upon purchase and execution of this Agreement, the School Member will be provided with the following content and/or services as detailed on https://rebeccarhodes.teachable.com/ (“the Website”) and selected prior to purchase for their own personal, non-commercial use. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:

1. Newsletters and Emails
2. Video tutorials and Practice Photos or Drawings
3. School Forum/Gallery/Comments area and Knowledge Base Videos
4. Any other Content from Rebecca Rhodes’ Online School

(b) Though Rebecca Rhodes and her team regularly comment on School Members’ paintings and posts in the School Website, the School Member is NOT guaranteed direct feedback on any paintings or comments they post to the School website from Rebecca Rhodes or any member of staff from Rebecca Rhodes Art.

(c) The scope of Services rendered by Rebecca Rhodes Art pursuant to this Agreement shall be limited to those contained herein and/or provided for on https://rebeccarhodes.teachable.com/ as part of the Membership.

(d) Rebecca Rhodes Art reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.

(e) Rebecca Rhodes Art may from time to time offer extra Services to School Members for an additional fee.

(f) School Members will have access to Rebecca Rhodes’ Online School for the duration of their current subscription, whether that be on a monthly or annual basis.

(g) Rebecca Rhodes Art reserve the right to cancel or terminate a School Member’s use of and access to the Website without prior notice if they do not comply with our Terms of Purchase.

(h) At any point, should Rebecca Rhodes Art be terminating Rebecca Rhodes’ Online School, the School Member will be given at least sixty (60) days notice.

(i) School Members have the option to cancel their membership at any time in writing via “Manage Subscriptions” in the Rebecca Rhodes Online School website cancellation will take effect at the next billing cycle.

INTELLECTUAL PROPERTY RIGHTS

(a) The paintings School Members produce as a result of taking Rebecca’s video tutorials or based on Practice Pics are considered legally to be ‘Derivative Works’ and as such the copyright remains with Rebecca Rhodes Art and any other photographer whose work has been used for these.

(b) School Members may share photographs of the paintings they create based on Rebecca’s video tutorials and Practice Pics online but they must always credit Rebecca Rhodes’ Online School whenever the work is displayed (including online).

(c) School Members may sell the physical paintings they create based on Rebecca’s video tutorials and Practice Pics (for instance in a local art exhibition) but they must always credit ‘Rebecca Rhodes’ Online School’ whenever the work is displayed for sale.

(d) School Members can reproduce their own paintings provided the reproduction is for their own non-commercial use (for instance they can print it onto a Christmas card sent to friends and family) however, they must credit ‘Rebecca Rhodes’ Online School’ along with the reproduction.

(e) School Members may not reproduce their own versions of these paintings for commercial use (for instance an illustration or onto greetings cards they intend to sell or teaching the content on their own site.)

(f) School Members should use the following wording to credit Rebecca Rhodes’ Online School:

1. For a painting completed via a video tutorial: ‘Painting produced using an online video tutorial at Rebecca Rhodes’ Online School’.
2. For a painting completed via a Practice Pic: ‘Painting produced using a photograph provided by Rebecca Rhodes’ Online School’

PAYMENT AND REFUND POLICY

(a) Upon execution of this Agreement, the School Member agrees to pay to Rebecca Rhodes Art. the purchase amount as stated on the Rebecca Rhodes’ Online School Website, or via a sales promotion.

(b) The School Member agrees to provide us with true, accurate and complete information as required by the sign-up process (“Subscription Data”), including their legal name, address, telephone number, email address and applicable billing information.

(c) The School Member agrees to maintain and promptly update the Subscription Data and any other information provided to us. If the School Member provides any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate the School Member’s subscription, and if applicable, their user account, and refuse any and all current or future use and/or access by the School Member to the Website.

(d) With their initial payment the School Member commits to either a one (1) month term to the Membership or an annual term dependent on the subscription chosen by the School Member.

(e) After the initial one (1) month term or annual term, the School Member will then automatically be charged payment according to their selected payment plan: every thirty (30) days or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.

(f) Credit Card Authorization. Each party hereto acknowledges that Rebecca Rhodes Art will charge the credit card chosen by the School Member on the date of renewal and for the amounts specified upon purchase.

(g) In the event the School Member fails to make any of the payments as outlined above, Rebecca Rhodes Art has the right to immediately disallow services and benefits of the School Membership until payment is paid in full.

(h) The School member agrees not to assign, transfer or sublicense their rights as a subscriber.

(i) Rebecca Rhodes Art reserves the right to increase fees, or to institute new fees at any time, upon advanced notice communicated to the School Member via email.

(j) You have the right to cancel your subscription at any time, without penalty. After cancellation members will continue to receive access to all tutorials up to the end date of their current installment, after which access will be limited to the free content only.

(k) Should members wish to receive a full refund for any plan requests must be received in writing no more than 30 days from the initial purchase date of the membership. Any refund requests received after 30 days will be processed at the discretion of the site administrators and will be issued as partial refund for any duration still remaining on the users membership.

DISCLAIMER

By participating in the Membership, the School Member acknowledges that Rebecca Rhodes Art makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership. By participating in this Membership, the School Member acknowledges that Rebecca Rhodes Art does not warrant the accuracy of any information provided, is not liable for any losses the School Member may suffer by relying on modules, content, videos, services, or products.

By participating in the Membership, the School Member acknowledges that Rebecca Rhodes Art nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.

Any testimonials or examples shown through the rebeccarhodesart.com or rebeccarhodes.teachable.com websites are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. The School Member acknowledges that Rebecca Rhodes Art has not and does not make any representations as to success of any kind that may be derived as a result of use of its video tutorials, products or Services.

Rebecca Rhodes Art may provide the School Member with information relating to products that it believes might benefit the School Member. Rebecca Rhodes Art is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. Rebecca Rhodes Art may provide the School Member with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. Rebecca Rhodes Art may be involved in affiliate relationships with certain third-parties for such recommendations and will inform the School Member when this is the case. The School Member agrees that these are only recommendations and Rebecca Rhodes Art will not be held liable for the services provided by any third-party to the School Member.

RECORDING AND REDISTRIBUTION OF CALLS

The School Member acknowledges that group calls and/or trainings may be recorded. The School Member also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by Rebecca Rhodes Art.

INTELLECTUAL PROPERTY RIGHTS

In respect of the Material specifically created for the School Member as part of this Membership, including video tutorials, videos, documents, or other content (known collectively as the “Material”), Rebecca Rhodes Art maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Rebecca Rhodes Art to the School Member, nor grant any right or license other than those stated in this Agreement.

The School Member may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Rebecca Rhodes’ Online School website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Rebecca Rhodes’ Online School website content by any person without Rebecca Rhodes Art prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.

DISCLAIMER OF WARRANTIES

The Services provided to the School Member by Rebecca Rhodes Art under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

LIMITATION OF LIABILITY

By using Rebecca Rhodes Arts’ Services and purchasing this Membership, the School Member accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The School Member agrees that Rebecca Rhodes Art will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. The School Member agrees that use of this Membership is at user’s own risk

DISPUTE RESOLUTION

If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to [email protected].

ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

CONTACT Rebecca Rhodes Art

Email: [email protected]

Online School: https://rebeccarhodes.teachable.com/

Website: https://www.rebeccarhodesart.com/