Terms and Conditions Agreement for Your Subscription to Kelly Rae Unscripted
Kelly Rae Unscripted (the “Subscription”) is offered by Kelly Rae Roberts, LLC (“KRR”). To access the Subscription, you must acknowledge that you have read and agree to the terms and conditions contained in this Terms and Conditions Agreement. The term “Subscription” includes the Subscription’s web pages, videos, and all associated materials. Please read this Terms and Conditions Agreement (the “Agreement”) carefully. By purchasing your subscription to Kelly Rae Unscripted you indicate your agreement to the terms and conditions in this Agreement.
You will receive week videos on Fridays – holiday or not – as long as you are actively subscribed to the Subscription. During this time you will be able to either stream or download video content that was emailed during the period of your Subscription. If for any reason you are unable to access the video, please contact us.
If your Subscription ends, you will no longer have access to the Subscription content. It is your responsibility to access the content, and either stream it or download it, while your Subscription is active. After the access period is complete, however, please understand that we will not be able to offer extensions.
Because of the nature of this Subscription (once you login, you have full access to the video content), all sales are final and no refunds will be given.
All Subscription videos will require a high speed internet connection. Please note, we will not offer refunds if you are not able to review the Subscription instructional videos, due to a slow internet connection or any other reason, so please consider this before purchasing the Subscription.
Use Of KRR Intellectual Property
The Subscription contains intellectual property owned by KRR, including copyrights, proprietary information, trademarks, and other intellectual property. KRR reserves all rights in this intellectual property, including the copyright to all video content whether streamed or downloaded. Your use of video content is strictly limited to personal viewing only. While you may blog about, or otherwise share via social media, your general experience regarding the Subscription, you may not publish, redistribute, copy, synopsize, or otherwise convey to others any content from this Subscription for any purpose whatsoever. This includes posting Subscription content to Youtube or other video sharing sites, sharing step by step instructions of the paintings you create using steps described by Kelly Rae during the Subscription, using Subscription images/graphics, or describing or sharing Kelly Rae’s step by stop processes in reproducible media of any type or for any kind of commercial gain. Similarly you may not pin or re-pin on Pinterest or any other social networking site images taken from Subscription video content. While your impressions of the Subscription are yours, all Subscription content is exclusively the property of KRR and is strictly protected by intellectual property/copyright law. In addition, while Kelly Rae will be showing you the nitty gritty of how she makes her artworks, please keep in mind that everything she makes is subject to copyright protection. This means that while you may want to follow along as closely as possible with her work, if what you make looks like a copy of Kelly Rae’s work, it’s going to have to be just for you. That means, no posting to Instragram or Facebook, putting them into your Etsy or other online shop, or otherwise publicly displaying similar works. If, on the other hand, your work looks very different than Kelly Rae’s, in other words if it’s original, post away!” In the event of your violation of these intellectual property provisions, KRR may cancel your access to the Subscription and otherwise pursue its legal remedies.
Kelly Rae would like to provide a forum on her website for students to show their original artworks and to use some submitted artworks in promotional materials relating to the Subscription. If you decide to submit your work to Kelly Rae for posting on her website and your work is chosen, she will need to have your permission. Your original work is, after all, under copyright. Accordingly, by submitting a reproduction of your original artwork for Kelly Rae to post on the KRR website, you grant KRR a nonexclusive license to use the reproduction in connection with the operation and promotion of KRR’s website, as well as with promotional information and statements relating to the Subscription. This may include posting a reproduction of your artwork to social media such as Facebook and Instagram, or other online forums.
Agreement Under Oregon Law and Venue
You agree that the laws of the State of Oregon, excluding its conflicts-of-law rules, shall govern this Agreement. You expressly agree that exclusive jurisdiction for any claim or dispute with KRR, or relating in any way to your purchase or use of the Subscription, resides in the state or federal courts of the State of Oregon, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Oregon. The venue for any such claim or action shall be the Circuit Court or Federal District Court located in Multnomah County, Oregon.
As a condition precedent to your filing any claim or action against KRR, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable location in Multnomah County, Oregon, each party to bear its own costs.
No Warranties/Limitation of Liability
There are many supplies used throughout this Subscription, many of which, including paint, can be hazardous if not used properly. It is your responsibility to read all the safety labels for all of the supplies that you use. Advice of a competent safety professional should be sought before deciding if any product in this Subscription is safe for your use, especially if you are pregnant and/or nursing. No representation or warranties are made with respect to the safety of the supplies used in connection with the Subscription and all warranties, express or implied, for any purpose, are fully disclaimed.
In addition, to the full extent permitted by law, KRR specifically disclaims with respect to the Subscription any warranties (i) concerning its availability, accuracy, appropriateness, reliability, timeliness, or usefulness; (ii) title, non-infringement, merchantability or fitness for a particular purpose; (iii) that any portion of the web site or services will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or (iv) that access to the website or services will be uninterrupted or error-free.
You acknowledge that participation in the Subscription carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries or property loss. You agree to waive, release, and discharge KRR from any and all liability for death, disability, personal injury, property damage, property theft or actions of any kind except to the extent that KRR personnel caused such injury or damage by their gross negligence or willful misconduct.
Changes to Terms and Conditions
KRR may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the Subscription by you after being notified means you accept these amendments.
This Agreement constitutes the entire agreement between you and KRR pertaining to the Subscription and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by KRR shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by KRR.
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