Watts Atelier of the Arts, LLC (Watts Atelier) Website, Terms and Conditions of Use.
This is a contract. Be sure to read the terms carefully before accessing the site. By accessing the site you accept and agree to all of the covenants and conditions imposed in this agreement.
Some Watts Atelier services are available to you for free, while others require that you create a User Account and pay a Subscription Fee for access. Access to and use of the Services, whether accessed with or without payment are subject to the terms and conditions of this Agreement. If you do not agree to these Terms, you may not Access this site.
Watts Atelier reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Watts Atelier gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Watts Atelier’s computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- Permit or provide others Access to the Site using your account name and password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content. Violate or attempt to violate Watts Atelier’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Watts Atelier.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Watts Atelier.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Site.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, Watts Atelier reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Site to any person or entity whose use of the Site suggests Prohibited Conduct.
Access of the materials available at the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in revocation or denial of Access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by Watts Atelier. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
Watts Atelier warrants that the software that allows Users to Access the Site (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. WATTS ATELIER PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. Watts Atelier also warrants that the media containing the Software, if provided by Watts Atelier, is free from defects in material on the date the User acquired the Software. WATTS ATELIER’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE USER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE SITE. THE USER MUST INFORM WATTS ATELIER OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR WATTS ATELIER WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. WATTS ATELIER WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED. ALTHOUGH Watts AtelierHAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
Disclaimers and Limitation of Liability
USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN THIS AGREEMENT), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. WATTS ATELIER DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. WATTS ATELIER DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL WATTS ATELIER OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT WATTS ATELIER RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OVL AND OCL, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL WATTS ATELIER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT WATTS ATELIER RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OVL AND OCL, EVEN IF Watts AtelierSHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF WATTS ATELIER, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. Watts AtelierIS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. NO DEALER, AGENT, OR EMPLOYEE OF WATTS ATELIER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. WATTS ATELIER DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT WATTS ATELIER RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
Copyrights, Trademarks, and Other Proprietary Rights
Watts Atelier or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Watts Atelier. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Watts Atelier, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Watts Atelier’s intellectual property except as set forth in this agreement. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Watts Atelier, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
User agrees to defend, indemnify and otherwise hold harmless Watts Atelier and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
Security and Authorized Use
Users are prohibited from violating or attempting to violate the security of the Site. Watts Atelier has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Watts Atelier may suspend Your Access while it conducts an investigation. Users are required to enter a user account name and password to Access the Site. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user account name and password. You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms. You may not use the account, user account name or password of someone else at any time. You agree to notify Watts Atelier immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Watts Atelier immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Watts Atelier will not be liable for any loss that You incur as a result of someone else using Your user account name and password with or without Your knowledge. You may be held liable for any losses incurred by Watts Atelier, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user account name or password. Watts Atelier will never ask You for Your password. If You need a new user name and/or password, Watts Atelier will generate a new account user account name and password automatically through its computers and send it to Your e-mail or postal address.
Termination of Agreement
In addition to Watts Atelier’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Watts Atelier may also terminate Access to the Site or cancel subscriptions to the Site without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Watts Atelier deems inappropriate. In the event of termination of this Agreement, the found in this agreement shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between Watts Atelier and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Watts Atelier and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Watts Atelier may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Watts Atelier’s remedies are cumulative and not exclusive. Failure of Watts Atelier to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Watts Atelier makes no representation that the content of the Site is appropriate or available for use in all locations. Watts Atelier operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Watts Atelier cannot provide notifications via post, only e-mail.
Governing Law; Dispute Resolution; Forum and Venue
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Watts Atelier shall be finally resolved through binding arbitration in San Diego, California. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Superior Court, County of San Diego or the United States District Court for the Central District of California. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, County of San Diego or the United States District Court for the Central District of California for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
We are committed to protecting your privacy and using any personal information you provide responsibly. We believe it is important for you to understand what information we collect from you, how it is used and who will have access to that information.
The information we receive depends on what you do when you visit our Sites. We do not collect or retain any personal information unless you choose to provide it to us. When you visit our Site, Watts Atelier. collects and stores non-personally identifiable information such as:
Name of the domain from which you access the Internet, Date and time you access our Site, and the Internet address of the website from which you linked to our Site.
Watts Atelier may also use your information if you opt to receive information about Watts Atelier. We use this information to track the number of visitors to the different pages of our Site as well as make our Site more convenient to users.
In addition to providing this information, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protection for these electronic communications that we employ in the maintenance of information received by mail and telephone. In order to improve our services and ensure that our services are used in the manner intended, we monitor use of and access to the services.
If you choose to use our Sites you may be required to provide personal information and authorization. Specifically, you may be asked to provide the following information:
- Mailing address
- Email address
- Credit card number
- Home and business phone and/or fax numbers
- Other personal information
We may disclose your personal information for the following purposes:
- To our Watts Atelier team to provide services to you;
- To protect the Site and our rights; to protect ourselves against liability or prevent fraudulent activity; or where it is necessary to permit us to pursue available remedies or limit any damages that we may sustain;
- If required to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with the rules or court relating to the production of records; and
- If we believe in good faith that a law, regulation, rule or guideline requires it.
To prevent unauthorized use, maintain data accuracy and ensure the appropriate use of information, Watts Atelier has put in place appropriate physical, electronic and administrative procedures to safeguard and secure information collected online.
California Privacy Rights
California residents have the right to request the following information from businesses with whom they have an established business relationship:
- a list of the categories of personal information that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes if any, and
- the names and addresses of all such third parties if any. Watts Atelier and/or your consultant will collect your address and zip code to facilitate shipping any products you choose to order. Collection of such information is necessary to complete your order.
If you are a Watts Atelier client and a California resident, please contact us at the address below to request this information. Please note that we are only required to respond to each client once per calendar year.
All questions and concerns about your privacy can be sent to [email protected]
FIGURE MODEL DRAWING AGREEMENT
By clicking on the “accept” button below I agree I wish to participate in a Watts Atelier Arts School (“Watts Atelier” figure drawing class (“Class”) and to view certain videos and images of models and hereby agree to the following (“Release”):
- I am aware and understand that the videos and images of models may contain nudity or partial nudity.
- Intellectual Property. I understand and agree that Watts Atelier owns all right, title and interest in and to the proprietary materials, videos and images used for the Class. (“Intellectual Property”).
- I am participating in the Class to study human proportions and measurements. In consideration of the right and opportunity to participate in the Class, I agree I will not share any of the Intellectual Property with third parties over any type of medium including any manner intended to allow or invite a third party to download, extract, redistribute or access the Intellectual Property.
- I understand that pornographic, defamatory or otherwise unlawful use of Intellectual Property is strictly prohibited, whether directly or in context or juxtaposition with other material or subject matter.
- I have no rights to use, distribute, exhibit, broadcast, exploit, advertise, publicize, and promote any of the Intellectual Property. I represent and warrant to Watts Atelier that I have not made any contract or commitment in conflict with this grant.
- Any use of Intellectual Property in a manner not expressly authorized by this Agreement constitutes copyright infringement, entitling Watts Atelier to exercise all rights and remedies available to it under copyright laws around the world. I understand I shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to Watts Ateliers’ other remedies under this Agreement, Watts Atelier reserves the right to charge and I agree to pay a fee equal to up to five (5) times Watts Ateliers standard license fee for the unauthorized use of the Intellectual Property or $100,000 whatever is greater.
- I am legally competent to sign this Release or my parent or guardian has also read and signed this Release.
I HAVE CAREFULLY READ THE ABOVE AND FULLY UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL. A PARENT OR GUARDIAN SIGNATURE IS REQUIRED IF PARTICIPANT IS A MINOR.
I ACCEPT (CLICK HERE)