Terms and Conditions
Acceptance of Terms
Before you start using michaesamson.co.uk and all linked pages (“Site”), you are required to read, understand and agree to these Terms and Conditions (“Terms”). By accessing the Site, viewing any content or using any services available on the Site you are agreeing to be bound by these Terms. You may only access to the Site after reading and accepting these Terms.
Access the Site
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Michael Samson Art. Michael Samson Art reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Michael Samson Art may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and Services without notice or liability.
You will need to register an account with Michael Samson Art in order to use some of our Services. For that purpose, you will be required to select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You may not use as a user name the name of another person or entity or that is not lawfully available for use, a name or a trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that in a manner misleads the readers into thinking that you are another person or company, or a name that is otherwise offensive, vulgar or obscene.
It is your responsibility to keep your login credentials secure and you are solely responsible for all activities that occur via your account. You must immediately notify Michael Samson Art of any unauthorized uses of your account or any other breaches of security. Michael Samson Art will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you are using our Services on behalf of a business, that business accepts these terms.
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
Pages describing the Services are accessible from around the world but this does not mean all Services or service features are available in your country, or that user-generated Content available via the Services is legal in your country. Michael Samson Art may block access to certain Services (or certain service features or Content) in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you live. Services are not available in all languages.
Michael Samson Art reserves the right, at any time, to change any fees or charges for using any services provided on the Site (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Michael Samson Art. As an example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person.
- To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person.
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services.
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Michael Samson Art user.
- To create or transmit unwanted ‘spam’ to any person or any URL.
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that impose, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
- To sell or otherwise transfer your profile.
Your use of the Site and Services will be in strict accordance with these Terms, with any other legal notices published by Michael Samson Art on the Site, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside).
If you suspect there has been an abuse of the Site or a breach of the Terms please send us an e-mail with all the details to: firstname.lastname@example.org
Michael Samson Art reserves the right to ban any member from using the Services for any reason. Michael Samson Art reserves the right to remove any Content (including, but not limited to, projects, comments, messages, avatars, etc.) for any reason whatsoever.
Without limiting any of those representations or warranties, Michael Samson Art has the right (though not the obligation) to (i) refuse or remove any Content that, in Michael Samson Art’s reasonable opinion, violates the Terms or is in any way harmful or objectionable, or (ii) terminate or deny access to the Site to any individual or entity for any reason, in Michael Samson Art’s sole discretion.
You are solely responsible for your interactions with other users of the Site. Michael Samson Art reserves the right, but has no obligation, to monitor disputes between you and your other users.
You retain all rights and ownership of your artwork. Michael Samson Art does not claim any ownership rights of your artwork.
Nonetheless, when you upload or submit artwork to our Site, you grant Michael Samson Art (and our parents and affiliates) a worldwide, non-exclusive license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better showcase your work), publicly display, publicly perform, publish, reproduce, store, and use such Content. The license granted by you is for the only purposes of operating, marketing, promoting, and improving our Services.
In addition, by submitting your Content you grant other Michael Samson Art users and visitors the right to share your Content via several social media platforms integrated with Michael Samson Art (for example, Facebook or Twitter).
Responsibility of Site Visitors
Michael Samson Art cannot be responsible for materials uploaded by third parties to the site, its use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Michael Samson Art disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of Content there posted.
Attending a Class
Michael Samson Art provides a community through online classes (“Classes”).
You expressly acknowledge and agree that your use of the Site, the Classes and all Content and services available on the Site is at your sole risk and responsibility. THE CLASSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE CONTENT OR THE CLASSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE CLASSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE CLASSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS ON THE CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL
Michael Samson Art reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.
Special Rules for Students
You agree to accept all of the terms and conditions including the cancellation policy listed in the Site when you agree to book a class on Michael Samson Art.
All Classes offered on Michael Samson Art are valid only for the specified dates.
You agree to follow all reasonable rules set by a teacher with respect to a Class, and not to take any actions to interfere with the teacher or any other students in the Class.
When you pay to participate in the Class you will have the unlimited right to download the materials for the class. The materials will remain available for download in your online account indefinitely from the date of purchase.
As a student, when you enrol in a class, whether it’s a free or paid class, you are getting from Michael Samson Art a license to view the class via the Michael Samson Art platform and Services, and Michael Samson Art is the licensor of record. Classes are licensed, and not sold, to you. This license does not give you any right to resell the class in any manner (including by sharing account information with a purchaser or illegally downloading the class and sharing it on other websites).
In legal, more complete terms, Michael Samson Art grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the classes and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular classes or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any class unless we give you explicit permission to do so in a written agreement signed by a Michael Samson Art authorized representative.
We generally give a lifetime access license to our students when they enrol in a class. However, for liability reasons we consider that the legal access expires in a year and we reserve the right to revoke any license to access and the use of classes at any point in time in the event where we decide or are obligated to disable access to a class due to legal or policy reasons, for example, if the class you enrolled in is the object of a copyright complaint. To be clear, the access is to the class content but not to the instructor.
Classes Payment and Fees
Fees for classes are collected by Michael Samson Art from students.
Refunds are available until fourteen (14) days after the later of (a) the enrolment date or (b) the class launch date.
A full payment is required to register for a class on Michael Samson Art, unless otherwise agreed.
Fees for classes or any other portion of the Service may be changed at any time without prior notice.
Classes Cancellations and Refunds
Except for the refund period for online classes described above, Michael Samson Art is not responsible or liable for any refunds for classes.
Students whose classes are cancelled after enrolment, but before the launch date, will receive a full refund of the price paid.
The Site may provide, links to other websites or webpages. Because Michael Samson Art has no control over such websites and webpages, you acknowledge and agree that Michael Samson Art is not responsible for the availability of such external websites and webpages, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or webpages. You further acknowledge and agree that Michael Samson Art shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or webpages.
Michael Samson Art’s Intellectual Property
The Site and any trademarks, logo, sample code, software, and other content and assets (“Michael Samson Art Materials”) that Michael Samson Art provides to you as part of the Services are protected by intellectual property rights. Using our Site does not give you ownership of any such intellectual property rights. You may not use content accessible from our Site unless you obtain prior permission from its owner or are otherwise permitted by law. You are not permitted to use Michael Samson Art’s trademarks and logos related to the Services without our prior consent. Do not remove, obscure, or alter any text or proprietary notices contained in the Michael Samson Art Materials. You cannot use the Michael Samson Art Materials to construct any kind of database.
Michael Samson Art Disclaimer of Warranties
Michael Samson Art does not make any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
Limitation of Liability
In no event will Michael Samson Art, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Michael Samson Art under these Terms during the twelve (12) month period prior to the cause of action. Michael Samson Art shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Michael Samson Art may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.
You can stop using our Services at any time. You may delete your account by going to your account settings and clicking on the “I would like to delete my Michael Samson Art account” button. When you delete your account, we will delete your profile and all related data in the Site, although this may not take place immediately.
Michael Samson Art reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes. Michael Samson Art may also, in the future, offer new services and/or features through the Site. Such new features and/or services will be subject to the terms and conditions of these Terms.
Please send your notices to Michael Samson Art, The Bungalow, Glenbervie Road, Drumlithie AB39 3YU.
We will send you our notices via email, postcard, text messages, phone calls (if you give us your number), publications within our Services or through any other reasonable means.
Most communication between Michael Samson Art and you will be sent and received electronically. You agree that all electronic communication between Michael Samson Art and you shall satisfy any legal requirements that such communications be in writing.
Any cause of action or claim you may have arising out of or related to the services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is permanently barred.
Michael Samson Art’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.
Michael Samson Art may assign its rights and duties under these Terms to any party at any time without notice to you.
Any rights of Michael Samson Art not expressly granted herein are reserved.
Last updated: 1st October 2020