Use of Information and Services
Pictodrum created the content appearing on this Website. The information and services on this Website are intended solely as a general educational aid. Pictodrum or its owners, managers, members, employees, instructors, agents, assigns, or insurers assume no responsibility for any consequences relating directly or indirectly to any action or inaction you take based on the information, services, or other material on this Website. While Pictodrum strives to keep the information on this Website accurate, complete, and up-to-date, Pictodrum or its owners, managers, members, employees, instructors, agents, assigns, or insurers cannot guarantee, and will not be responsible for any injuries, damages, or losses related to the accuracy, completeness, or timeliness of the information.
Unless otherwise stated, all of the text, audio, and video content on the Website are the copyrighted property of Pictodrum. This copyrighted material includes all writing by staff, text, video lessons, artwork, drawings, and logos. You may print out any articles or download any videos for your personal use only. Materials may not be reproduced on or in another website, book, article, or publication without the express written permission of Pictodrum. Any reproduction or editing of this material by any means mechanical or electronic without the express written permission of Pictodrum is expressly prohibited. The names, logos, and phraseson these pages constitute trademarks of Pictodrum or its business partners. Moreover, the mark Copperpocket™ and the contents of this Website are the sole intellectual property of Pictodrum. Reproduction in-whole or in-part of this Website is strictly prohibited without the express written permission of Pictodrum.
All materials on the Website (as well as the organization and layout of the Website) are owned and copyrighted or trademarked by Pictodrum and may be accessed, downloaded, or printed for a User’s personal non-commercial use only. Without the prior written permission of Pictodrum, you may not copy, distribute, or transfer any material on this Website, in whole or in part, to any individual or entity.
Users who post materials to this Website (e.g., bulletin boards, chat rooms, or comments) agree to the following: (1) Users may not post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that violates the property rights of others (including without limitation copyrights or trademarks), that violates the privacy or publicity rights of others, or that is in violation of any applicable laws; (2) Users may not interfere with other User’s use and enjoyment of this Website; (3) Users may not use this Website to conduct any activity that is unlawful; (4) Users may not use this Website to advertise or sell products or services to others; (4) Users must not use this Website for any improper purpose; and (5) Users must immediately inform Pictodrum if they have reason to believe that any User is infringing any copyrighted or trademarked materials that appear on this website. A User posting material to this Website represents that such material is unique to the User or used with permission of the copyright holder, and assigns to Pictodrum ownership of such material or a perpetual license to such material. Pictodrum has no responsibility for the content of any material posted by Users, but Pictodrum reserves the right in its sole discretion to: (a) revise or delete any documents, information, or other material submitted to or appearing on this Website, and (b) refuse access to the Website to any User that violates this Agreement. Bulletin boards and chat rooms contain the opinions and views of others. Pictodrum is not responsible for the accuracy of any messages on this Website.
Links to Other Web Websites
This Website may include links to other websites solely as a convenience to Users. Pictodrum does not endorse any such websites or the information, material, products, or services contained on or accessible through such websites, and you access and use such websites, including information, material, products, or services thereon, solely at your own risk. Pictodrum is not responsible for the use, functionality, appearance, policies, upkeep, or management of featured links or other websites. Should a problem arise with a featured link, the User should contact the appropriate author(s) with any questions or concerns.
Disclaimer of Warranty
PICTODRUM AND ITS OWNERS, MANAGERS, MEMBERS, EMPLOYEES, INSTRUCTORS, AGENTS, ASSIGNS, AND INSURERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS WEBSITE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED TO USERS “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
Releases and Waivers of Liability
User agrees, on their own behalf and on behalf of User’s beneficiaries, heirs, estate, successors, and assigns, to indemnify, hold harmless, and fully release Pictodrum, and its owners, managers, members, employees, instructors, agents, assigns, or insurers (collectively, the “Released Parties”) against any lawsuits, demands, claims (including, but not limited to, tort or contractual claims), costs, or expenses (including attorneys’ fees, costs, and expenses) arising from or in any manner related to this Agreement, User’s use of the Website, or User’s relationship with Pictodrum (including, but not limited to, claims related to damage or loss of property, bodily injuries, medical treatment, or death) (collectively, the “Released Claims”), whether or not those Released Claims are foreseeable or contributed to by the negligent acts or omissions of the Released Parties or others. User also waives any protections afforded by any statute or law in any jurisdiction whose purpose, substance, or effect is to provide that a general release will not extend to claims, material or otherwise, that the User giving the release does not know or suspect to exist at the time they signed the release. USER ACKNOWLEDGES AND UNDERSTANDS THAT THE RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE INFORMATION OR MATERIALS ON THE WEBSITE AND AGREES THAT THE RELEASED PARTIES WILL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE FOR CONSEQUENTIAL, INDIRECT, GENERAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF ANY INJURY OR DAMAGE SUFFERED BY ANY USER THROUGH THEIR USE OF THE WEBSITE. USER FURTHER UNDERSTANDS THAT THIS RELEASE COVERS CLAIMS BASED ON PICTODRUM’S OWN NEGLIGENCE, ANY AND ALL TORT CLAIMS, AND ANY OTHER CLAIM BROUGHT AGAINST PICTODRUM WHATSOEVER.
Assumption of the Risk
User agrees that they are using the Website of their own free will. User understands that their decision to use the Website is entirely voluntary and is not a requirement. User assumes the full responsibility for all risks that may arise out of or result from their use of the Website. User understands that programs offered on the Website may involve strenuous and potentially hazardous activities, and User knowingly, voluntarily, and fully assumes the risks of their use of the Website or the materials available on the Website and any and all injuries that result from that participation. User agrees to follow all instructions given to them by Pictodrum as to when, where, and how to perform the programs available on the Website and it is understood that any deviation by User from such instruction is at their own risk.
User agrees to indemnify, defend, and hold harmless Pictodrum and its owners, managers, members, employees, instructors, agents, assigns, or insurers from any liability, loss, claim, or expense (including attorneys’ fees, costs, and expenses) related to: (a) User’s violation of this agreement or any term or condition of this Agreement, and (b) User’s posting of material to the Website.
Changes to the Website
Pictodrum may make improvements or changes to the information, services, products, or other materials on the Website, or shut down the Website, at any time without notice. Pictodrum may modify this Agreement at any time, and such modifications are effective immediately upon posting of the modified Agreement. Accordingly, you agree to review this Agreement periodically, and your continued access or use of this Website is deemed your acceptance of any changes to this Agreement when posted.
If the User is under eighteen (18) years of age, they agree to disclose that information to Pictodrum. In addition to the minor User’s signature, that person’s parent and/or legal guardian must also agree to be bound by this Agreement’s terms and conditions.
Any and all annual fees paid by the User to Pictodrum are subject to a 30-day money back guaranty. Any User cancelling the program offered on the website will be charged a cancellation fee of $29. Any and all monthly fees paid by the User to Pictodrum are non-refundable.
Entire Agreement; No Modification
This Agreement constitutes the entire agreement related to the subject matter discussed, and supersedes any prior or contemporaneous agreements or understandings with respect to the subject matter discussed. This Agreement may not be amended or modified by course of conduct or otherwise.
This Agreement, and any claim, controversy, or demand arising out of or relating to this Agreement, the Website, the information or materials available on the Website, or the User’s relationship with Pictodrum, are governed by and construed in accordance with the laws of the State of Arizona, without reference to its conflict of law principles.
If the Parties have any dispute relating to or arising out of this Agreement, the Parties agree to follow the following dispute resolution process. First, the Parties will use their best efforts to resolve the dispute through discussions with or without the presence of legal counsel. The Parties’ obligation to engage in these discussions is a predicate to proceeding to step two in the dispute resolution process. Second, if discussions do not resolve the dispute, the Parties agree to submit the dispute to arbitration under Arizona’s Revised Uniform Arbitration Act, A.R.S. §§ 12-3001, et seq. (the “Act”). The prevailing party in any arbitration held under this Agreement and the Act is entitled to recover from the non-prevailing party its reasonable attorneys’ fees and costs related to the arbitration only. The arbitrator may issue such orders for interim remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action. Before an arbitrator is appointed and is authorized and able to act, the Maricopa County Superior Court, for good cause shown, may enter an order for interim remedies if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE RIGHT TO A TRIAL BY JURY IS A CONSTITUTIONAL ONE, BUT IT MAY BE WAIVED. EACH PARTY, AFTER CONSULTING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THEIR BENEFIT WAIVES ANY RIGHT TO A TRIAL BY JURY IN THE EVENT OF ANY DISPUTE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
In the event that any term or provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, all other terms and provisions of the Agreement will nevertheless remain in full force and effect, so long as the economic or legal substance of the transactions contemplated by the Agreement are not affected in any manner that is materially adverse to any party. Upon such determination that any term or other provision of the Agreement is illegal, unenforceable, or void, the parties will negotiate in good faith to modify the Agreement so as to affect the original intent of the parties as closely as possible so that the transactions contemplated hereby are consummated as contemplated to the greatest extent possible.
When permitted by the context, each pronoun used in the Agreement includes the same noun in other numbers. As used in the Agreement, the words “include” and “including” and their variants will not be deemed to be terms of limitation but will instead be deemed to be followed by the words “without limitation.”
All notices, consents, waivers, and other communications required or permitted by the Agreement will be in writing and will be deemed given to a party when: (a) delivered to the appropriate address by hand or by nationally recognized overnight courier service (costs prepaid); (b) sent by email with confirmation of transmission by the transmitting equipment; or (c) received or rejected by the addressee, if sent by certified mail, return receipt requested, in each case to the addresses or email addresses provided by either Party.
Construction; Legal Counsel
Each Party agrees and acknowledges that he, she, or it was represented by legal counsel (or had the opportunity to be represented by legal counsel) in connection with the negotiation, execution, and delivery of this Agreement and that such party and their legal counsel have reviewed and revised this Agreement, or have had an opportunity to do so, and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement.
Waiver of Terms
Waiver of any term or provision of this Agreement or forbearance to enforce any term or provision by either party will not constitute a waiver as to any subsequent breach or failure of the same term or provision or a waiver of any other term or provision of this Agreement.
Binding Nature of Agreement
This Agreement is binding on and inures to the benefit of the parties and their parents, subsidiaries, affiliates, officers, directors, managers, members, employees, agents, attorneys, successors, assigns, heirs, beneficiaries, personal representatives, and insurers.
Please review this Policy carefully before using the Website or submitting any personal information to us through the Website. By using the Website you agree to all of the terms of this Policy and further agree to act in conformance with the terms and conditions set forth in this Policy.
Cookie and Tracking Technology
Collection and Use of Personal Information
As part of your use of the Website and the services that we offer on the Website, we do collect your personal identifiable information, such as your name, email address, and other related personal information. Of course, you must voluntarily submit this information to us through the Website. Your personal information that you provide to us through the Website is used by us solely to fulfill your specific request of posting your experiences, reviews, editorials, or feedbacks on the Website, and not for any other use. By reviewing this Policy, using our Website, and submitting your personal identifying information to us through the Website, you agree that we may use your personal identifying information consistent with this Policy.
Distribution of Personal Information
Consistent with our limited collection and use of your personal information described above, we will only share the personal information we collect from you with third parties when we are legally required to do so, or when you request us to do so for the purpose of validating any experience, review, editorial, or feedback that you post on the Website. Your personal information will never be provided to third parties for marketing purposes or any other purpose inconsistent with this Policy.
Subscriptions and Email Data
The Website offers users the option to subscribe for periodical updates. This is done with a name and email address for registration. All information that is collected will never be shared with any third party. In addition, all outgoing email contains our mailing address and a simple unsubscribe link that can be used by the recipient to remove themselves from our mailing list. Once removed you will no longer get any e-mail from us. These features are in place to improve our user experience.
At times, we may use third-party advertising companies to display advertisements on the Website. These third-party companies may use information (excluding your name, address, email address, or telephone number) about your visits to the Website in order to provide advertisements regarding goods and services of interest to you. By reviewing this Policy and using the Website you agree to receive these advertisements as part of your experience on the Website.
The Website contains some links to external websites. We are not responsible for the privacy practices or the content of these web destinations. You are encouraged to read the individual privacy policies of those websites to be sure they match our high standards.
Comments and Reviews
Subject to the terms and conditions set forth in this Policy, we reserve the right to use, for any commercial purpose whatsoever, any and all customer experiences, reviews, editorials, or feedbacks left or posted by you on our Website. By reviewing this Policy, using the Website, or posting any experience, review, editorial, or feedback on the Website, you agree to allow us to use your experiences, reviews, editorials, or feedbacks for any commercial purpose whatsoever.
Those Users that purchase products or services on the Website are asked for additional information. This data is used to process each sale, and to mail out each order to the correct customer. We keep records of customer data including: name, street address, e-mail address, phone number, and other contact information. However, we do not hold credit card data of any kind. Our credit card processing partner, Stripe™, manages that information. In some cases we can see the last 4-5 digits of a debit or credit card for future client verification. Customers that have purchased from us are also added to our mailing list by default. However, as stated above – all outgoing e-mail contains an unsubscribe link that can be used by the User at any time.
Changes to this Policy
The policies set forth above may be changed from time to time, but if any changes are made, they will be posted on the Website for your review. You agree that your continued use of the Website after any changes to this Policy are posted on the Website evidences your agreement to those changes without further communication from us. We encourage you to review the Policy to ensure that you understand how any personal information you provide to us through the Website will be collected, stored, and used.