Policies: Privacy, Exchange and Return, Terms of Use

Effective Date: April 5, 2021

By choosing to use any of our services, you are accepting our Privacy Policy and Terms. Artistic Pursuits Inc. collects the following information from you when you provide it through:

email sign up: We use bandzoogle.com to collect and manage email addresses, which include your first name and email address. We use email sign up to send users emails about special offers, free summer drawing classes, or other information they may be interested in.
placing an order: We use PayPal for payment processing. We collect the following personal information in order to ship product and notify customers of tracking and other necessary information by email notification: full name, mailing address, email address. We DO NOT collect or have access to any payment information that you use to make your purchase, including credit card information, PayPal information, or any other kind of payment information. We do not collect your phone number. We contact through email.
purchase of online course: We use Kajabi.com for our Artistic Pursuits Inc. online course provider. You may see artisticpursuits.mykajabi.com in our communications and links of online courses. When purchasing an online course we collect first and last name, and the email address that you want to use to access your online course through.
Without the information stated above, we cannot provide you with the services you have requested. We only require the minimum amount of personal information that is necessary to fulfill the purpose of your interaction with us; we don't sell to third parties; and we only use the information as this Privacy Policy describes. We provide the same standard of privacy protection to all our users around the world, regardless of their country of origin or location. We use SSL for your security. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. By choosing to use any of our services, you are accepting our Privacy Policy and Terms of Use (below).

Exchange and Return Policy

Artistic Pursuits Inc. will exchange or accept return of all physical product purchased directly from Artistic Pursuits Inc. (API) via email or phone request within 30 days of the date of purchase. The API exchange and return policy does NOT apply to products purchased from a third party retailer; you must contact that retailer directly and any exchange or return is governed by the retailer's policies and terms.

To initiate a product return or exchange, please contact [email protected] and request the return. Upon approval, ship the package.

Ship product to: Artistic Pursuits Inc., 2626 East 109th Ave., Northglenn, CO 80233.

The product should be in unused condition. All materials included in the product must be undamaged, including (as applicable) the books, discs, art supplies, tablets, tools, tote bag, etc. A note with the name of the purchaser, address, phone number, date of purchase, and a request for refund or exchange must also be included. Do not use your own name if the product was purchased by someone else.

Online course(s) or access may not be returned or exchanged for another course after 10 days.

Refunds will be issued to the person who made the original purchase and the same account and method of payment as the original payment.

Shipping costs will not be refunded. You are responsible for any and all shipping costs; API does not provide pre-paid shipping labels for exchanges or returns.

API is not responsible for return packages not received or products damaged during return shipment. In order to prevent lost packages, we strongly recommend that you choose a delivery service with insurance and or tracking and delivery confirmation.

Please allow two weeks for your exchange or return to be processed once it is received.

Last revised: Jan. 3, 2022

These Terms of Use (“Terms”) apply to and govern your access to and use of Artistic Pursuits online products and services, including without limitation the websites, software, hosted services, mobile and internet applications, trials and demos, content, video, and associated documentation (each an “Artistic Pursuits Service”) owned and operated by Artistic Pursuits Inc. ("API"). These Terms govern your use and our provision of the Artistic Pursuits Service on which these Terms are posted, as well as any Artistic Pursuits Service we make available on third-party sites and platforms where these Terms are disclosed to you in connection with your use of the Artistic Pursuits Service. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ARTISTIC PURSUITS SERVICE. THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND API. YOU MUST READ AND AGREE TO THESE TERMS BEFORE USING THE ARTISTIC PURSUITS SERVICE. BY ACCESSING OR USING THE ARTISTIC PURSUITS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE ARTISTIC PURSUITS SERVICE. Please print a copy of the Terms for your records.

1. License to Use the ARTISTIC PURSUITS Service for Permitted Use

Upon your acceptance of these Terms and your successful completion of the registration for any Artistic Pursuits Service (as applicable), API grants you a limited, personal, non-transferable, non-exclusive license to access and use the Artistic Pursuits Service for your private, non-commercial use solely for personal learning and entertainment purposes only, in accordance with these Terms. By accessing or using the Artistic Pursuits Service, you warrant and represent that you will use the Artistic Pursuits Service for personal learning and entertainment purposes only and that you will not use the Artistic Pursuits Service for any commercial or other purpose or allow any other person to access or use the Artistic Pursuits Service. You specifically agree not to sell, lease or rent access to the Artistic Pursuits Service or any content or otherwise transfer any rights to use the Artistic Pursuits Service. If your access and use of the Artistic Pursuits Service required the payment of a fee or charge, your license to access and use the Artistic Pursuits Service is for the limited period of time specified in your purchase, and API may suspend or terminate your access and use of the Artistic Pursuits Service if you fail to pay the required fee or charge pursuant to the terms of your purchase.

2. Changes to these Terms

We may amend these Terms at any time. Any such amendment will be effective following either our dispatch of a notice to you or our posting of the amendment on the Artistic Pursuits Service. If you do not agree to any change to these Terms, you must discontinue using the Artistic Pursuits Service. You should check the website from time to time to review the current Terms because the Terms are legally binding on you. You agree that each time you use or access a Artistic Pursuits Service shall be subject to the then current Terms, and that your continued use of the Artistic Pursuits Service now or following modifications in the Terms confirms that you have read and agreed to be bound by such modifications and constitutes your acceptance of any changes to the Terms. If you do not agree to abide by these Terms or any and all future Terms for the Artistic Pursuits Service, do not use or access, or continue to use or access the Artistic Pursuits Service.

3. Supplemental Terms

In order to participate in certain activities or services through the Artistic Pursuits Service, you may be notified that you are required to agree to additional terms and conditions from API Supplemental terms and conditions may apply to some Artistic Pursuits Services, such as rules for a particular service or activity or terms that may accompany certain software or content accessible through the Artistic Pursuits Service. Supplemental terms and conditions will be disclosed to you in connection with such service or activity. Any supplemental terms and conditions are in addition to these Terms and, in the event of a conflict, prevail over these Terms. If you are also subject to the Artistic Pursuits End User License Agreement, these Terms will prevail over any inconsistent or conflicting terms of the End User License Agreement. If you are receiving access to an Artistic Pursuits Service from or through an educational institution, government agency or business enterprise, which is a party to an Artistic Pursuits Enterprise License or similar agreement, the terms of such Enterprise License Agreement will prevail.

4. Changes to an Artistic Pursuits Service

API reserves the right, in its sole discretion and without incurring any liability to you, to (a) update, improve, replace, modify or alter all or any part of any Artistic Pursuits Service at any time, but is not obligated to do so, and/or (b) impose limitations on your usage of a Artistic Pursuits Service. API will not be liable to you or any third party should it exercise the right to modify or discontinue the Artistic Pursuits Service or impose usage limitations on your use of any Artistic Pursuits Service. If you object to any such changes, your sole recourse will be to cease access to the Artistic Pursuits Service. Continued access to the Artistic Pursuits Service following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Artistic Pursuits Service.

5. Privacy

Your use of the Artistic Pursuits Service will be governed by our Privacy Policy: (above), as well as the interactive product privacy policy and any other specific privacy policy applicable to Artistic Pursuits Service you are using, all of which can be found on this page of our website. By using an Artistic Pursuits Service, you also indicate that you agree and accept and consent to the information collection, use, and disclosure practices described in our privacy policies. The Internet is a global environment. Using the Internet to collect and process personal Data necessarily involves the transmission of Data on an international basis, and notably export of date from the country in which the user is located, to Artistic Pursuits and Kajabi systems and data centers or other platforms that host streaming content for Artistic Pursuits Inc, or payment systems. The security of your personal information is important to API. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you agree and accept that such steps do not guarantee that the Artistic Pursuits Service and the services are invulnerable to all security breaches or immune from viruses, Trojans, malware, security threats or other vulnerabilities.

6. Applicable Laws and Regulations

Your license to access and use the Artistic Pursuits Service is subject to all applicable restrictions or requirements of applicable law, including laws and regulations related to Voice over Internet Protocol and other transmission technologies. You are responsible for complying with all applicable laws and regulations in connection with your access to and use of the Artistic Pursuits Service, and such further limitations as may be set forth in any written or online notice from API. As a condition of your license to access and use the Artistic Pursuits Service, you warrant that you will not use the Artistic Pursuits Service for any purpose that is unlawful or prohibited by applicable law or regulation.

7. Registration and Eligibility

To become an authorized user of a Artistic Pursuits Service, you will need to complete the registration process for the Artistic Pursuits Service by filling-in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form, and maintain and promptly update this information to keep it true, accurate, current and complete. As stated above, the Artistic Pursuits Service Privacy Policy will apply to your use of the Artistic Pursuits Service. API has the right to suspend or terminate your account and refuse any and all current or future access and use of any Artistic Pursuits Service if it suspects that the information or certification you provide is untrue, inaccurate, not current, incomplete, or for other reasons in API's sole discretion. Unless otherwise specified by Artistic Pursuits, registration for and use of any Artistic Pursuits Service is limited to those persons who are thirteen (13) years of age or older in the United States or another age specific to certain countries pursuant to local law, provided however, a younger person may be permitted to register or be registered by a parent or legal guardian, or under the direction and administration of an educational institution, in compliance with the requirements of applicable local law. Except for the foregoing, if you are under the required age, do not access or attempt to use the Artistic Pursuits Service or website. Artistic Pursuits reserves the right to restrict certain activities or services on or within a Artistic Pursuits Service to users who are of a certain age or who possess a minimum level of proficiency or fluency in a particular language and/or other skill as defined during the registration process, as determined by Artistic Pursuits in its sole discretion.

8. Security

You are responsible for maintaining the confidentiality of any password you provide or are provided during the registration process, and you are responsible for all activities that occur under your password or account. You agree not to share your password with any other person, and you agree to immediately notify API of any unauthorized use of your password or email address or any other breach of security relating to the Artistic Pursuits Service. API reserves the right to require you to change your password for network security reasons.

9. User Content and Communications

Any information, materials or content that you transmit, display, post, submit or store on, to or through the Artistic Pursuits Service, whether orally, visually or by text, (“User Contributions”) shall be considered non-confidential and non-proprietary, except for your personal identifying information which is covered under the Privacy Policy. You agree and acknowledge that you, not API, have fully responsibility for all of your User Contributions, including its legality, reliability, accuracy, appropriateness and compliance with these Terms. By submitting, posting or transmitting, orally or otherwise, User Contributions on, to, or through the Artistic Pursuits Service, you expressly grant API, and its sublicensees, a perpetual, worldwide, irrevocable, royalty-free right and license to record, archive, read, copy, disclose, display, exhibit, reproduce, publish, sublicense, distribute, incorporate, make derivative works from, publicly perform and otherwise use your User Contributions and all or any portion of the text, speech, data, images and other materials or content embodied therein, in any media now known or hereafter to become known, for any and all commercial or non-commercial purposes, including without limitation, for commercial exhibition, display, advertising, or promotion, without obligation to you. Without limiting the foregoing, you give API your express consent to review and record text chats and listen to, and record, your audio or video chat and prompted speech transmitted to or through the Artistic Pursuits Service. No compensation will be paid to you with respect to API’s use of your User Contributions. YOU REPRESENT AND WARRANT THAT YOU OWN OR OTHERWISE HAVE SUFFICIENT RIGHT TO GRANT API ACCESS TO AND USE OF THE USER CONTRIBUTIONS IN ACCORDANCE WITH THESE TERMS, AND THAT THE SUBMISSION OF THE USER CONTRIBUTIONS COMPLIES WITH ALL APPLICABLE LAWS AND DOES NOT VIOLATE ANY PERSON’S RIGHT OF PRIVACY OR PUBLICITY OR OTHER INTELLECTUAL PROPERTY RIGHTS.

You agree that your User Contributions, whether oral, visual or textual, will not contain any material, contents or information that:

(a) violates or infringes any patent, copyright, trademark, trade secret or any other intellectual property rights of any other person or entity or the privacy or publicity rights of another person;

(b) is obscene, libelous, defamatory, threatening, harassing, bullying, abusive, malicious, hateful, sexually-explicit, pornographic or embarrassing or alarming to any other person or entity;

(c) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or other illegal activities, or involves fraud, stalking, or otherwise violating the legal rights of others;

(d) is harming to or attempts to harm children or attempts to exploit children in any way or seeks to obtain personally identifiable information about children;

(e) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate or otherwise objectionable, all as determined by API in its sole discretion;

(f) violates any applicable law or regulation (including, without limitation, any U.S. or foreign laws restricting the export of data);

(g) constitutes or contains junk mail, spam, advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;

(h) seeks to solicit Artistic Pursuits Service users, members or guests to join or utilize outside products, sites or online services or organizations; or

(i) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines, engines or other software, data or programs that are intended to or may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, information, or property of the Artistic Pursuits Service or of any other person. By using the Artistic Pursuits Service, you agree and accept that API may at any time monitor, record, review, use, or disclose any content or oral or text communication posted or transmitted by, to, or from you on the Artistic Pursuits Service or website(s). API does not monitor all activity in or on the Artistic Pursuits Service or its websites, but reserves the right to do so. API specifically reserves the right to edit, revise, remove, or modify (in whole or part) your User Contributions, and to monitor, record, use and disclose any content or oral or text communication posted or transmitted by, to, or from you on the Artistic Pursuits Service, subject to the website’s Privacy Policy. You further agree and accept that API may use or disclose any information related to you (including your identity and your User Contributions) for any reason related to the operation of the Artistic Pursuits Service, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Terms, to respond to requests or orders from law enforcement or other governmental authorities, or otherwise to protect the rights and property of API or any third party in accordance with our Privacy Policy and the Terms. YOU HEREBY CONSENT TO SUCH MONITORING AND RECORDING, IF API DECIDES TO MONITOR OR MAKE SUCH A RECORDING. YOU FURTHER WAIVE AND HOLD API HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY API DURING OR AS A RESULT OF INVESTIGATIONS BY EITHER RSL OR LAW ENFORCEMENT AUTHORITIES.

10. Prohibited Uses Generally

Without limiting the foregoing, you agree not to: (a) delete or revise any material or other information of any other user of the Artistic Pursuits Service; (b) disclose, harvest or otherwise collect information about others, including email addresses, without their consent, or engage in any systematic extraction of data or data fields from the Artistic Pursuits Service; 6 (c) copy, modify, translate, or collect any Content from the Artistic Pursuits Service that can be used to create derivative works of all or any part of the Artistic Pursuits Service; (d) take any action that imposes an unreasonable or disproportionately large load on the Artistic Pursuits Service’s infrastructure, including but not limited to, consuming a disproportionate amount of CPU time, bandwidth, memory storage space, or any other system or network resource; (e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Artistic Pursuits Service, or any activity being conducted on or in the Artistic Pursuits Service; (f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Artistic Pursuits Service other than the search engine and search agents available from the Artistic Pursuits Service and other than generally available third-party web browsers (e.g., Mozilla Firefox and Microsoft Internet Explorer); (g) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Artistic Pursuits Service or used in providing the services offered by the Artistic Pursuits Service; or (h) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges. You further agree not to violate or attempt to violate the security of the Artistic Pursuits Service, including, without limitation: (i) attempting to access or accessing data not intended for you or attempting to log-in, or logging into a server, account, materials, service, system or network that you are not authorized to access through any means; (j) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or engage in any denial-of-service or distributed denial-of-service attack upon the Artistic Pursuits Service; (k) attempting to interfere with service to any user, host, or network, or using the Artistic Pursuits Service or the services provided through the Artistic Pursuits Service in any manner that could damage, disable, overburden or impair any server, the networks connected to any server, or interfere with any other party's use or enjoyment of the Artistic Pursuits Service; or (l) obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Artistic Pursuits Service. Violations of system or network security may result in civil or criminal liability. In accordance with these Terms, API will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

11. Termination and Suspension

You agree and accept that API, including its authorized agents, may, with or without notice, suspend, terminate, or limit your right to access and use of the Artistic Pursuits Service and/or of any service provided by API through the Artistic Pursuits Service or in conjunction with the Artistic Pursuits Service if you violate any applicable law or regulation or fail to comply with any provision of these Terms, or any other agreement pertaining to the use of the Artistic Pursuits Service , as determined by API in its sole discretion. API's instructors and other users may report any actual or potential violations of the Terms at any time, and API reserves the right to suspend, terminate, or limit the services you may use on or in the Artistic Pursuits Service based upon such reported actual or potential violations, or for any other reason, in 7 API's sole discretion. If API terminates your use of a Artistic Pursuits Service because you have breached the Terms, you shall not be entitled to a refund of any portion of the fees or payments (if any) that you paid for your license to access and use such Artistic Pursuits Service, and shall remain obligated to pay the remainder of any unpaid portion of the purchase price that you agreed to pay for your license to access and use the Artistic Pursuits Service.

12. Storage

You acknowledge that API may establish general practices and limits concerning use of the Artistic Pursuits Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Artistic Pursuits Service , the maximum number of email messages or other content that may be sent from or received by an account on or in the Artistic Pursuits Service, the maximum size of any email message, attachment, or other content that may be sent from or received by an account on or in the Artistic Pursuits Service, the maximum disk space that will be allocated on the Artistic Pursuits Service servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Artistic Pursuits Service or utilize certain Artistic Pursuits Service components or features in a given period of time. You agree that API has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Artistic Pursuits Service. You acknowledge that API reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that API reserves the right to modify these general practices and limits from time to time, and in API's sole discretion. You also acknowledge that the Artistic Pursuits Service and data (such as email messages, message board postings or other uploaded content) may be hosted in the United States of America or such other countries as API may deem appropriate, and you hereby consent to the storage in the United States of America or such other country(ies) as API may choose to host and store data.

13. Third-Party Content and Third-Party Services

The Artistic Pursuits Service may contain, contain links to, or be integrated or provided with third-party owned services or content. We do not own or control or accept responsibility those third-party services or content, including the privacy policies or practices of those third-party services. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. If you access an Artistic Pursuits Service using an operating system-powered device, the owner of the applicable operating system (e.g., Apple Inc., Google, Inc. Microsoft Corporation, etc.) is not a party to this contract and is not responsible for the provision or support of the Artistic Pursuits Service. However, you agree that your access to the Artistic Pursuits Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. When you access the Artistic Pursuits Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Artistic Pursuits Services may be prohibited or restricted by your network provider and not all Artistic Pursuits Services may work with your network provider or device.

14. Exposure

You acknowledge that API may, but is not required to, monitor the Artistic Pursuits Service, and that API has no liability to you for any third party content. You may report content or actions you believe may be in violation of these Terms to API by email: [email protected].

15. Disclaimer of Warranties

YOUR USE OF THE Artistic Pursuits SERVICE, ITS CONTENT AND ANY RELATED SERVICE IS AT YOUR OWN RISK. THE Artistic Pursuits SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER API NOR ANY PERSON ASSOCIATED WITH API MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Artistic Pursuits SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, API DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE Artistic Pursuits SERVICE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE Artistic Pursuits SERVICE OR OTHERWISE BY API, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY API OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE Artistic Pursuits SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. API MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE Artistic Pursuits SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE Artistic Pursuits SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR GEOGRAPHIC LOCATION; (c) THAT DEFECTS OR ERRORS IN THE Artistic Pursuits SERVICE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE Artistic Pursuits SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE Artistic Pursuits SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND API DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY API. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE Artistic Pursuits SERVICE IS AT YOUR OWN RISK.

16. Limitation of Liability

IN NO EVENT WILL API OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ROSETTA STONE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, LOSS OF REVENUE OR ANTICIPATED SAVINGS OR LOSS OF DATA, ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE ROSETTA STONE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE Artistic Pursuits SERVICE, YOU RELEASE API AND ITS AFFILIATES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. IN NO EVENT SHALL THE TOTAL COLLECTIVE LIABILITY OF API, ITS AFFILIATES, AND THEIR EMPLOYEES, LICENSORS OR CONTRACTORS FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE Artistic Pursuits SERVICE EXCEED THE AMOUNT PAID BY YOU TO API FOR THE LICENSE TO ACCESS AND USE THE Artistic Pursuits SERVICE. The limitations stated above apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if API has been advised of the possibility of such damage. If and to the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, API’s liability in such jurisdiction shall be limited to the full extent permitted by law. THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT CE EXCLUDED UNDER THE LAW IN YOUR PLACE OF LEGAL RESIDENCE.

17. Intellectual Property Rights

API or its third-party licensors own all rights, title and interest in and to the Artistic Pursuits Service and all of its content, features and functionality, the selection, coordination, and arrangement of the content, the trademark ‘ARTistic Pursuits’, and other marks and logos related to the Artistic Pursuits Service and URLs such as artisticpursuits.com and the trade dress, and look and feel of the Artistic Pursuits Service, all of which are protected by various laws including, without limitation, copyright, trademark, and trade secrecy law. You may own the physical media on which elements of the Artistic Pursuits Service is delivered to you, but we retain full and complete ownership of the Artistic Pursuits Service. No right, title or interest in or to the Artistic Pursuits Service is transferred to you, and all rights not expressly granted to you are reserved by the API. Any use of the Artistic Pursuits Service not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark and other laws. Any reproduction, copying, publication, modification, or redistribution of the Artistic Pursuits Service except as expressly provided in these Terms is strictly prohibited without API’s prior written consent. Requests for permission to reproduce any content must be made in writing to: Artistic Pursuits Inc., Attention: Legal Department 2626 East 109th Ave., Northglenn, Colorado, USA. Without limiting the foregoing, you specifically may not falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in any files. If you suggest new content, features or functionality that API, in its sole discretion, incorporates in the Artistic Pursuits Service, such new content, features or functionality will be the sole and exclusive property of API and you hereby waive and release all rights and claims to the same. Artistic Pursuits may utilize data capture, analysis and similar tools to record, synthesize and/or analyze Activity Data resulting from your use of the Artistic Pursuits Service, and may use this information, and disclose this information to its sublicensees and 3rd party partners, for purposes of provisioning and supporting the delivery, functionality and maintenance of the Services, facilitating technical and other support services, supporting usage, progress and similar reporting, including through administrator tools and enhanced support services, for Artistic Pursuits enterprise customers and their users, confirming compliance with license and usage restrictions, conducting research, statistical analysis and benchmarking, supporting new and existing Service development and performance optimization, fulfilling legal, regulatory or contractual obligations, supporting general business administration, and for other purposes as described in our Privacy Policy. To the extent that any Activity Data is collected by API, such Activity Data (except for your personal identifying information which is covered under the Privacy Policy) will be solely owned by API and may be used by API, and disclosed to third parties, for any lawful purpose.

18. Governing Law, Arbitration, Jury Trial Waiver, Class Action Waiver, and Forum Selection

These Terms will be governed in all respects by and construed in accordance with the laws of the State of Colorado, USA, without reference to its principles relating to conflicts of law. All controversies, disputes, demands, counts, claims, or causes of action between you and API arising out of, under, or related to these Terms or our privacy practices (including any action we take or authorize with respect to information about or provided by you) shall be settled exclusively through binding arbitration, subject to the following: (a) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules andProcedures”). (b) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

19. Release

You hereby release API, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Artistic Pursuits Service(s), or (ii) your purchase of any Artistic PursuitsService(s) or Product(s).

20. Survival The provisions of these Terms which expressly or by their nature should survive termination of these Terms shall survive such termination.

21. No Waiver

The failure of API to enforce any provisions of these Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches. Any waiver of any provision of the Terms will be effective only if in a writing signed by API.

22. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and API as a result of the Terms or your access to and use of the Artistic Pursuits Service. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Terms constitute the entire agreement between you and API with respect to your use of the Artistic Pursuits Service and supersedes all prior or contemporaneous understandings regarding such subject matter. If any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. API may assign the Terms and right granted hereunder, in whole or in part, at any time with or without notice to you. You may not assign, delegate or otherwise transfer the Terms or assign, transfer or sublicense any of your rights under the Terms.

Artistic Pursuits Inc., Northglenn, Colorado 80233, 303-467-0504 contact: [email protected]

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