Terms of Service
Terms of Service
Terms of Service
Please read these terms of service (the “Terms”) carefully before using mrsperrysartstudio.com (the “Website”) operated by Mrs. Perry’s Art Studio (“Mrs. Perry’s” or “we”, “us” or “our”) Every time you visit the Website or use its services you accept these Terms. This is why we urge you to read them carefully.
By using the services, you represent that you are at least 18 years of age or visiting under the supervision of a parent or guardian, and legally able to enter into a contract under applicable law. It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time without notice to you. If you do not agree to these Terms, please do not use the Website.
We reserve the right to change any information, features and functions of this Website without prior notice. We may refuse service, terminate accounts, or deny access to any or all parts of this Website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.
Creating an Account
The services may only be used if you have an account with Mrs. Perry’s. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our services does not violate any applicable law or regulation or these Terms. When you create an account, you will be asked to choose a username and a password for your account. You may not use a username or user proﬁle that is used by someone else or that violates these Terms. We reserve the right to reclaim any username that violates these Terms.
You are responsible for maintaining the conﬁdentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account of any other user; (b) allow someone else to use or share your account (except as otherwise permitted); or (c) sell, lend, or transfer your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the services).
Full, continuous access to the curriculum and lesson plans on the services is only available with a paid membership. Limited access to the curriculum and lesson plans is available for free. You may purchase school or district memberships on a per site basis as indicated in your applicable purchase order, which entitles all of your teachers and staff (each, a “Member”) at that site to create individual accounts which they can use to access the services from anywhere on up two (2) devices. Purchase of a classroom membership entitles one teacher to create an account which they can use to access the Services for a single classroom. Homeschool memberships are for a single parent to use at home. Memberships may not be reassigned, transferred, resold or sublicensed without our prior written consent. You hereby acknowledge and agree that you are responsible for ensuring that your Members sign up for their own accounts and agree to, and comply with, these Terms when they access and use the services. The fees for such memberships shall be such fees as set forth on the Website and said fees may be changed by Mrs. Perry’s at any time.
Our services are only to be used by teachers, parents, and other educational service providers.
Copyright and Trademark
The technology underlying the Website (including but not limited to code) and all of the content published on this Website (including but not limited to digital downloads, videos, images, texts, graphics, logos, audio clips, and data compilation) (collectively, the “Content”) is the property of Mrs. Perry’s and/or its content creators and protected by copyright laws or other intellectual property or proprietary rights. You may not reproduce, copy, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website without Mrs. Perry’s express prior written consent. The entire compilation of the content found on this Website is the exclusive property of Mrs. Perry’s, you may not use any metatags or any other “hidden text” utilizing Mrs. Perry’s name or trademarks without the express written consent of Mrs. Perry’s. All trademarks, service marks, and trade names of Mrs. Perry’s on the Website are trademarks or registered trademarks of Mrs. Perry’s or of their respective owners.
No Unlawful or Prohibited Use
As a condition of your use of this Website, you warrant to us that you will not use this Website for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.
Rules of Conduct, you must not:
- Post, transmit or otherwise make available through or in connection with the Website any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the Website for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Website.
- Use the Website for any commercial solicitation purposes, or transmit through or in connection with the Website, any spam, chain letters or other unsolicited communications.
- Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website (including any content available thereby); or violate any requirement, procedure or policy of such servers or networks.
- Reverse engineer, decompile or disassemble any portion of the Website, except to the extent such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Website.
- Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without Company’s express prior written consent.
- Systematically download and store Website content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Website, without Company’s express prior written consent.
The Website may link to sites operated by third parties (each a “Third-Party Site”). Mrs. Perry’s has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Mrs. Perry’s. Mrs. Perry’s is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any site accessed from a Third-Party Site or any changes or updates to such sites. You may access those sites for your convenience and at your own risk. You acknowledge and agree that Mrs. Perry’s is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third-Party Site.
We control and operate the Website from our facilities in the United States of America, and we make no representations that the Website is appropriate or available for use in other locations. You are not authorized to access the Website from any jurisdiction other than the United States of America. IF YOU CHOOSE TO DO SO, YOU ARE IN VIOLATION OF THIS AGREEMENT AND RELEASE US FROM ANY CLAIM YOU MIGHT OTHERWISE HAVE AGAINST US ARISING OUT OF LAWS IN YOUR JURISDICTION.
By visiting this Website, you agree that the laws of the state of Washington, without regard to principles of conflict laws, will govern these Terms and conditions, or any dispute of any sort that might come between Mrs. Perry’s and you, or its business partners and associates.
Any dispute related in any way to your visit to this Website or to products or services you purchase from us shall be brought in a state or federal court located in Spokane County, Washington, and you consent to exclusive jurisdiction and venue of such courts.
License and Website Access
We grant you a limited license to access and make personal use of this Website. You are not allowed to download or modify it. This may be done only with written consent from us.
In addition, you acknowledge that all lesson videos and presentations are considered Website Content and may not be used in violation of the Copyright and Trademark terms set forth above.
Your account and access to the services under a paid membership will renew automatically on an annual basis (1 year after start date) unless you execute a request for cancelation order for the services with us. We reserve the right to terminate or suspend your account or your access to any or all portions of the services without notice if you or any of your Members (or sub-accounts) violate or breach any provision in these Terms. You can terminate your account at any time by providing a notice of termination to Mrs. Perry’s directly at the following email address, firstname.lastname@example.org, or by requesting termination of such account using the contact form on the Homepage of the website.
Upon termination of your account, all rights and licenses granted to you in these Terms will immediately and automatically end and you (and sub-accounts) may no longer have access to the lessons or Content on this Website. If a paid membership account is not terminated within 7 days after the account registration date, such account will not be eligible for any refund or reimbursement related to such termination.
We may provide any notice to you under these Terms either by sending a message to the email address you provide or by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. By visiting or using the Website you consent to receive notice of any data breach by email to the extent allowed by law.
While we seek to maintain the timeliness, integrity and security of the Website, we do not guarantee that the Website is or will remain updated, complete, adequate, reliable, correct or secure, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with this Agreement.
Disclaimer of Warranties
To the fullest extent permitted under applicable law: (a) the Website and any content (including any third party content) are made available to you on an “As Is,” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Mrs. Perry’s disclaims all warranties with respect to the Website and any content (including any third party content), including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.
MRS. PERRY’S SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE WEBSITE, EVEN IF MRS. PERRY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We can be reached at email@example.com.