4.0 How Our Service Works
SUBSCRIPTION SERVICE. YouCanPaintClub.com is an online subscription service for one individual (MEMBER) providing on-line access to a comprehensive library of art instructional videos, motion pictures, documents, and other audio-visual entertainment/instructional ("VIDEOS") via on-line streaming video, audio files, text files, and programs over the Internet.
SUBSCRIBERS. The YouCanPaintClub.com membership is composed of individual subscribers who pay either a monthly/annual/lifetime (TIME) or otherwise subscription fee (FEE) for the display of VIDEOS on their computers and/or YouCanPaintClub.com specific playing device.
5.0 USERNAME & PASSWORD. You are given a user name and password at the time of sign-up. It is a violation of these TERMS to share this user name and password with anyone throughout your subscription period to the YouCanPaintClub.com. Each MEMBER using this service must have their own unique user name and password.
6.0 GROUP MEMBERSHIP(s). No group membership or sharing of user name and password is permitted or implied directly or indirectly. Each individual accessing the YouCanPaintClub.com services must have their own unique subscription service with their own unique user name and password.
7.0 GENERAL SUBSCRIPTION PLAN. Our general subscription plan allows MEMBERS to select VIDEOS at our website, and view these VIDEOS on the MEMBER'S personal computer or, under certain subscription plans, through a YouCanPaintClub.com ready device. MEMBERS will also have on-line access to audio/video files and documents as well.
8.0 PLANS; YouCanPaintClub.com may offer a variety of subscription plans at varying price levels, including special promotional plans (i.e. Charter Memberships) or memberships with limitations on the number of VIDEOS viewable during a month.
9.0 CHANGES IN SUBSCRIPTION PLANS We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our SERVICE. Any description of how our SERVICE works should not be considered a representation or obligation with respect to how the SERVICE will always work. We are constantly making adjustments to our SERVICE and often these adjustments are not completely captured within these TERMS.
11.0 FREE TRIALS. We may encourage the use of our service through free trials. Free trials last for defined period of time as specifically stated in our promotional offer to eligible prospects. To view the specific details regarding your free trial, if any, click on the "Your Account" link located at the top of every YouCanPaintClub.com website page. Free trials cannot be combined with any other offer. If you or another member of your household has been a YouCanPaintClub.com member within the last 12 months, you are not eligible to receive a free trial. You must have Internet access and a valid credit card or debit card ("Payment Method") or PayPal to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for up to approximately one month of service. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial membership period.
12.0 NUMBER OF VIDEOS AVAILABLE FOR MEMBERS MONTHLY VIEWING. The Number of VIDEOS a MEMBER may view TIME is not limited except under a special subscription plan we may introduce from time to time. We do not establish a TIME limit on the number of VIDEOS MEMBERS can view, however, the actual number of VIDEOS you view in TIME could vary based on a number of factors outside either our control or intent, i.e. technical limitations, technical problems, acts of God, etc...
13.0 VIDEO STREAMING. We utilize the latest streaming video technology to deliver VIDEOS to MEMBERS viewing display that we're able to test and approve. We make no guarantees on delivery speed of the VIDEOS, nor performance or usability of the VIDEOS. The quality of the display of watching VIDEOS may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as the bandwidth, available throughput and/or speed of your internet connection and/or other factors. YouCanPaintClub.com makes no representations about the quality of your VIDEOS watching display.
14.0 WHO MAY USE THE SERVICE. Provided you are current in FEES MEMBERS may view as many of the VIDEOS, and as frequently as desired during each TIME.
15.0 INTERRUPTION OF SERVICE. At present, our goal is to 'stream' to MEMBER the VIDEOS requested. Should a technical condition prevent delivery of the 'stream' to MEMBER, we shall post an electronic note to the entire membership of the condition and our anticipated resolution date. If, for any reason whatsoever, SERVICE becomes interrupted or unavailable during the subscription period, there will be no refund or credit of the FEE(s) or portion thereof. In response to requests from content providers, or due to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all VIDEOS may not be viewed, or may cease being viewable on some or all personal computers or YouCanPaintClub.com ready devices
16.0 RIGHT TO WITHDRAW ANY VIDEO FOR VIEWING. We reserve, in our sole and absolute discretion, the right to withdraw any of the VIDEOS from the YouCanPaintClub.com service or to limit, condition, terminate, charge for or otherwise modify your use of SERVICE at any time without notice; provided however, we will give you notice before we institute any additional charges.
17.0 VIDEO COPYING. This SERVICE allows only for MEMBER to view VIDEOS via streaming technologies or similar technologies whereby the source information is retained on the web server. You are not allowed to copy the streaming VIDEOS in any shape, form, or degree for any purpose whatsoever. You are not allowed to disassemble the streaming technology, nor the VIDEOS at any time.
18.0 PROVISION OF SERVICES. We reserve the right to process orders and otherwise allocate VIDEOS among our members in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of VIDEOS we make available throughout TIME.
19.0 SUBSCRIPTION PERIOD By starting your YouCanPaintClub.com membership, you are expressly agreeing that we are authorized to charge you a FEE, any applicable tax and any other charges MEMBER may incur in connection with SERVICE for TIME.
Subscription Fees include the following TIME
Lifetime: A single, non-refundable fee that grants MEMBER full access to VIDEOs for the lifetime of the YouCanPaintClub.com
Monthly: A monthly, non-refundable fee that grants MEMBER full access to VIDEOS for 30 days or less to the YouCanPaintClub.com
20.0 PAYMENT METHOD Accepted payment methods include PayPal, credit cards and debit cards that are used as credit cards, i.e.... Mastercard, VISA, etc... It is your responsibility to keep your Payment Method Information current and up to date. If you want to use a different Payment Method MEMBER must keep their account profile current.
21.0 BILLINGS. As used in these TERMS, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, where applicable. The membership fee will be billed at the beginning of your TIME and if necessary, continue as agreed upon during the initial membership registration.
22.0 PAYMENT OF SUBSCRIPTION FEES. We will bill your Payment Method for the FEEs per TIME.
23.0 CANCELLATIONS YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME BY SENDING AN EMAIL REQUESTING SUCH CANCELLATION AT DARRELL@DARRELLCROW.COM. IT WILL TAKE UP TO 30 DAYS FOR YOUR MEMBERSHIP TO BE CANCELLED. YO WILL BE LIABLE FOR ANY MEMBERSHIP RENEWAL FEES DUE THROUGHOUT THE NOTICE PERIOD. YOU MAY CANCEL YOUR TRIAL MEMBERSHIP WITHOUT ANY FURTHER OBLIGATION BY SENDING DARRELL@DARRELLCROW.COM NOTIFICATION OF SUCH CANCELLATION PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY YOUCANPAINTCLUB.COM WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at anytime. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS, OR LIFETIME MEMBERSHIPS, OR UNWATCHED VIDEOS.
24.0 THIRD PARTY HOSTED VIDEOS: We may offer a number of membership plans, including special promotional plans or memberships with limitations on the number of VIDEOS viewable in a month. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. To view the details of your specific membership plan, check "Your Account" page. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below). We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle.
25.0 REFUNDS AND CREDITS All FEEs and charges are nonrefundable and there are no refunds or credits for partially used TIME.
26.0 System Requirements and Device Limitations: To enjoy watching VIDEOS via your personal computer or YouCanPaintClub.com display device your equipment must satisfy certain system requirements. YouCanPaintClub.com makes no representations that system requirements and device limitations will remain stable to watch VIDEOS or retain, or improve, or prevent the degradation of the quality of your VIDEOS watching display. We do not warrant any of the software used and or licensed in connection with watching our VIDEOS. You acknowledge that the functionality provided by the software that enables the watching of VIDEOS may or may not be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these TERMS. A YouCanPaintClub.com ready device is any electronics equipment that is authorized to decode and capable of decoding movies that are transmitted over the Internet by YouCanPaintClub.com, or through which a YouCanPaintClub.com instant streaming disc can be used to stream movies over the Internet from YouCanPaintClub.com. These devices may include such devices as stand alone set-top boxes, network connected Blu-ray DVD players, and game consoles.
28.0 YouCanPaintClub Chat, Public Formus And Community Our Community feature provides you with a number of ways to share your YouCanPaintClub.com experience with others. We are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these TERMS. Our community feature is itself composed of a number of features, such as Chat, Chat Room, Member Reviews and Favorites. These are all designed to share information with others - the essence of community. Again these features may change or even be eliminated without notice to you. We may not describe all these features in the TERMS or elsewhere on our website. We hope that you find our Community feature, as it may change from time to time, to be a great way to share information and discover new learning experiences. However, if you no longer wish to participate in our Community feature, you may terminate your participation from such activities and/or remove yourself from the Community feature at anytime. BY USING THE COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE YOUCANPAINTCLUB.COM COMMUNITY, YOUCANPAINTCLUB.COM MEMBERS AND OTHER VISITORS TO THE YOUCANPAINTCLUB.COM WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE COMMUNITY FEATURES.
Use of the Community feature is for your personal, non-commercial use and is at your own option and risk. There are different elements to YouCanPaintClub.com Community, each with its own degree of associated information sharing and features. These elements may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
In addition, photos or images that you choose to post must be owned entirely by you and cannot contain the images of, or owned by, any third party, and cannot be infringing, vulgar, obscene, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You understand and agree that we may, but are not obligated to, review this content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see "Use of Information Submitted" below.
29.0 RSS Feeds We may offer RSS feeds as a convenient way to pass information about your YouCanPaintClub.com account or that is publicly available on the YouCanPaintClub.com site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. YouCanPaintClub.com may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds ("Feeds"), including obtaining a Feed from the YouCanPaintClub.com website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk. In particular, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.
31.0 Account Access; Identity Protection In order to provide you with ease of access to your account, YouCanPaintClub.com will place a cookie (a small text file) on any computer from which you access the YouCanPaintClub.com website. When you revisit the YouCanPaintClub.com web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the YouCanPaintClub.com website. If you find that you're a victim of identity theft and it involves a YouCanPaintClub.com account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. YouCanPaintClub.com reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. YouCanPaintClub.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of YouCanPaintClub.com or by the automated processes of YouCanPaintClub.com.
32.0 Disclaimers of Warranties and Limitations on Liability THE YOUCANPAINTCLUB.COM SERVICE, INCLUDING ALL VIDEOS, DOCUMENTS, AUDIO/VIDEO FILES, PROGRAMS, FEATURES, AND FUNCTALITIES ASSOCIATED THEREWITH, THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE YOUCANPAINTCLUB.COM SERVICE, THE WEBSITE AND ITS CONTENTS. YOUCANPAINTCLUB.COM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE YOUCANPAINTCLUB.COM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT YOUCANPAINTCLUB.COM MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE YOUCANPAINTCLUB.COM SERVICE, INCLUDING OUR COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE YOUCANPAINTCLUB.COM SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. YOUCANPAINTCLUB.COM SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, YOUCANPAINTCLUB.COM READY DEVICES, AND YOUCANPAINTCLUB.COM INSTANT STREAMING DISCS, AS DEFINED IN THE APPLICATIONS SECTION ABOVE AND ANY DEVICES ASAND SET FORTH IN THE YOUCANPAINTCLUB.COM READY DEVICES SECTIONS ABOVE.
Without limiting the foregoing, we assume no liability or responsibility for any of the following: content contained on or defects with VIDEOS from the YouCanPaintClub.com service, errors or omissions in the content (including VIDEOS) delivered by the YouCanPaintClub.com service or on the YouCanPaintClub.com website; recommendations or advice of Customer Service; any failures, mis-shipments, delays, or interruptions in the availability of VIDEOS; any failure or interruption in the availability of the YouCanPaintClub.com service and/or website, including availability of Our Community functionality; display of any content contained on the YouCanPaintClub.com website or through the YouCanPaintClub.com service, and any losses or damages arising from the use of the content provided on the YouCanPaintClub.com website or the YouCanPaintClub.com service itself, including any losses or damages arising from watching instantly and/or downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, YouCanPaintClub.com instant streaming discs or any conduct by users of the YouCanPaintClub.com service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies from the YouCanPaintClub.com service or the descriptions of any movie content contained on our website. We do not represent or guarantee that your use of the YouCanPaintClub.com service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon YouCanPaintClub.com or its affiliated parties. In no event shall YouCanPaintClub.com, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the YouCanPaintClub.com website, its contents or the YouCanPaintClub.com service, including any VIDEOS. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the YouCanPaintClub.com service, including any VIDEOS, YouCanPaintClub.com instant streaming discs, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Functionality Compatibility. YOUCANPAINTCLUB.COM MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING YOUCANPAINTCLUB.COM READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR VIDEOS. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our SERVICE
33.0 Intellectual Property, Copyrights and Trademarks. COPYRIGHT. The YouCanPaintClub.com instant streaming VIDEOS and all content included on the YouCanPaintClub.com Web site and delivered to members as part of the SERVICE, including VIDEOS, movies you can stream instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of YouCanPaintClub.com, Inc., or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of YouCanPaintClub.com, Inc., and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from YouCanPaintClub.com, Inc., or its suppliers. You agree to adhere to the restrictions set forth herein. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the YouCanPaintClub.com products or processes accessible through the YouCanPaintClub.com website, not to insert any code or product or manipulate the content of the YouCanPaintClub.com website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. YouCanPaintClub.com reserves the right to terminate your membership hereunder if YouCanPaintClub.com, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying of VIDEOS viewed by you from us, the unauthorized use of our proprietary content. YouCanPaintClub.com does not promote, foster or condone the copying of VIDEOS or any other infringing activity. The use of the YouCanPaintClub.com service, including VIDEOS and the YouCanPaintClub.com documents, audio/video files and programs is solely for your personal and non-commercial use. Please see the instructions at the end of these TERMS for notifying us of the presence of any allegedly infringing content on the YouCanPaintClub.com website.
34.0 TRADEMARKS. YouCanPaintClub.com and Darrell Crow Studios and Darrell Crow are registered trademarks of Darrell Crow Studios. The YouCanPaintClub.com logo, YouCanPaintClub.com.com are trademarks or service marks of Darrell Crow Studios. The YouCanPaintClub.com website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Darrell Crow Studios. The trademarks, service marks and trade dress of YouCanPaintClub.com may not be used or reproduced without prior written approval from Darrell Crow Studios. and may not be used in connection with any product or service that is not affiliated with YouCanPaintClub.com or , in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of YouCanPaintClub.com, and/or Darrell Crow Studios or in any manner that disparages or discredits YouCanPaintClub.com and/or Darrell Crow Studios. Other trademarks that appear on the YouCanPaintClub.com website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by YouCanPaintClub.com and/or Darrell Crow Studios. Any images of persons or personalities contained on the YouCanPaintClub.com website are not an indication or endorsement of YouCanPaintClub.com and/or Darrell Crow Studios or any particular product or our service unless otherwise indicated.
35.0 Claims of Copyright Infringement. It is the policy of YouCanPaintClub.com to respect the intellectual property rights of others. YouCanPaintClub.com does not promote, foster or condone the copying of VIDEOS or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the YouCanPaintClub.com website, or know of someone who is making unauthorized use of the content of the YouCanPaintClub.com website, please notify us at the address specified below of your concern by submitting a signed written notice and containing the following: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work claimed to have been infringed; Identification of the material on the YouCanPaintClub.com website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed. Our copyright notice hotline is (508) 966-2247 and the email address is firstname.lastname@example.org. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this phone number or email address. Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our website or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following: Your physical signature. Identification of the material that had been removed or disabled and the specific URLs where the material appeared before it was removed or disabled. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.