Terms and Conditions
Last updated: August 3, 2019
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.danielkordantutorials.com website (the "Service") operated by Splashfolio Inc ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service, on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Prices Spashfolio Inc products and services are subject to change without notice. We reserve the right to modify, suspend, or discontinue the Service at any time and without notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.
The Service may contain links to third-party websites (including users) or services that are not owned or controlled by Splashfolio Inc.
Splashfolio Inc has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Splashfolio Inc 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.
You acknowledge that Splashfolio Inc does not pre-screen third-party (including users) content, but that Splsahsfolio and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service or deemed objectionable and/or violates these Terms and Conditions.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Splashfolio Inc, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, re-use, display, distribute, transmit, publish, re-publish, distribute or create derivative works based on the Service or the Service Content commercially and non-commercially, either in whole or in part, in all forms and media now or hereinafter known. The foregoing does not apply to your own User Content that you legally upload to the Service.
In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Splashfolio Inc from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Any content viewed through our Service is solely for your personal and non-commercial use. With your Splashfolio purchase, we grant you a limited, non-exclusive, non-transferable, license to access our content and view your purchased materials through the service on a streaming-only or download basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. MasterClass may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all Content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms and Conditions or otherwise.
When you upload your own content or other materials through the Service or share your own content or other materials with other users or recipients, you warrant that you own all right, title, interest, and copyright in such User Content without violation of any third-party rights.
For good and valuable consideration, any uploaded User Content grants Splashfolio and its affiliated companies, and partners (including but not limited to our instructors, practitioners and other third parties partners providing instructional information through the Services) the nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable right and unrestricted permission to store, use, re-use, display, distribute, transmit, publish, re-publish, or copy, commercially and non-commercially, either in whole or in part, in all forms and media now or hereinafter known, and with no restriction, User Content or content in which the user may be included, individually and/or collectively.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service, provided by you to Splashfolio, its affiliated companies or partners are non-confidential and Splashfolio, its affiliated companies, and partners, will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Splashfolio may preserve User Content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Splashfolio, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that Splashfolio, its successors and its affiliated companies, and partners are the sole owners of the copyright materials of the Service in perpetuity. For the purposes hereof, all rights in the Service Content, including any copyrights and renewals or extensions thereto as well as all title, and interest that the user or any other person might be able to claim or hold, throughout the world, shall remain the sole and exclusive property of Splashfolio or its nominees, at its sole discretion for the entire life of copyright therein.
We respect the intellectual property of our users, and we expect our users to dot the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim.
Your notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If Splashfolio removes your User Content or disables your access to the Service and you believe that your User Content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Southern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other Content that you upload, post, publish, display or email or otherwise use via the Service. Splashfolio reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates the provision mentioned above.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we will terminate the Service at our sole discretion for the users who are deemed to be repeated copyright infringers. Splashfolio may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Upon termination, your right to use the Service will immediately cease.
We reserve the right, at our sole discretion, to modify, discontinue, replace, temporarily or permanently the Service Content or its parts at any time with or without notice. What constitutes a content change will be determined at our sole discretion. You agree that Splashfolio will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your account or User submitted Content for any period of time beyond what may be required by applicable law.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
You acknowledge that Splashfolio may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that Splashfolio has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Splashfolio reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Splashfolio reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree to not use the Service to:
You will be required to select a payment plan and provide Splashfolio information regarding your credit card or another payment instrument. You represent and warrant to Splashfolio that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Splashfolio the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms and Conditions. You hereby authorize Splashfolio to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Splashfolio know within sixty (60) days after the date that Splashfolio charges you. We reserve the right to change our prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Should you become dissatisfied with the Service within the first 30 days after purchase, Splashfolio will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 30 days after purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Splashfolio’ sole discretion. If Splashfolio determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund.
To the fullest extent permitted by law, you agree to release, indemnify and hold Splashfolio and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms and Conditions or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SPLASHFOLIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SPLASHFOLIO MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPLASHFOLIO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPLASHFOLIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SPLASHFOLIO TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SPLASHFOLIO IN THE LAST SIX (6) MONTHS, OR, IF GREATER THAN ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You and Splashfolio agree that these Terms and Conditions affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at Splashfolio Inc., 9115 Summertime Lane Culver City, CA, 90230, USA and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
All disputes, claims, or controversies arising out of or relating to the Terms and Conditions or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitration will be held in Los Angeles, California, whether you are a US citizen or otherwise, and you and Splashfolio agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including but not limited to any claim that all or any part of these Terms and Conditions are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Splashfolio shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000 unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless Splashfolio is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.
You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SPLASHFOLIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights, patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to Splashfolio Inc. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms and Conditions as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms and Conditions that included this version of the mandatory arbitration and class action waiver, whichever is later.
Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Splashfolio also will not be bound by them. If Splashfolio changes this ‘Arbitration’ section after the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Splashfolio's email to you notifying you of such change.
By rejecting any change, you agree that you will arbitrate any dispute between you and Splashfolio in accordance with the provisions of this section as of the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND SPLASHFOLIO REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that Splashfolio, in its sole discretion, may suspend or terminate your use of Service (or any part thereof) and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Splashfolio believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Splashfolio may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that Splashfolio may immediately deactivate your use of Service and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Splashfolio will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Splashfolio will have no liability or responsibility with respect thereto. Splashfolio reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms and Conditions constitute the entire agreement between you and Splashfolio and govern your use of the Service, superseding any prior agreements between you and Splashfolio with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.
These Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Splashfolio agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles, California. The failure of Splashfolio to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms and Conditions without the prior written consent of Splashfolio, but Splashfolio may assign or transfer this Terms and Conditions, in whole or in part, without restriction. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Splashfolio be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
If you have any questions, please contact us at Splashfolio Inc., 9115 Summertime Lane Culver City, CA, 90230, USA to report any violations of these Terms and Conditions or to pose any questions regarding this Terms and Conditions or the Service.