Date of Last Revision:
September 29, 2020

1. Welcome to Clayworks On Columbia

1.1 Introduction

Hello and welcome!  Clayworks On Columbia Inc (“Clayworks On Columbia,” “we,” “us,” “our”) provides in -person and online classes, as well as artwork and materials for sale, subject to the following Terms of Service (the “Terms of Service”).  When we use the term “class” herein, it is meant to include any workshop, training, course, class or other program offered by Clayworks On Columbia.  PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SERVICES.

1.2 Modifications to Terms of Service

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you by email or through other reasonable means and as required by applicable law. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

1.3 Privacy

At Clayworks On Columbia, we value and respect the privacy of our users.  By using the Service, you consent to our collection and use of personal data as outlined in our Privacy Policy.

2. Access and Use of the Service

2.1 Use Description

The Services, and any content viewed through our service, is solely for your personal and non-commercial use. With your purchase of an online class or workshop, we grant you a limited, non-exclusive, non-transferable, license to access our content and view your workshop(s) through the service on a streaming-only basis for that purpose.  Except for the foregoing limited license, no right, title or interest shall be transferred to you.  We may revoke your license at any time in our 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 of Service or otherwise.

2.2 Your Registration Obligations

You may be required to register with Clayworks On Columbia in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

2.3 Member Account, Password and Security

You may never use another's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Clayworks On Columbia of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Clayworks On Columbia will not be liable for any loss or damage arising from your failure to comply with this Section.

2.4 Modifications to Service

Clayworks On Columbia reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Clayworks On Columbia will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

3. Conditions of Use

3.1 User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Clayworks On Columbia reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. 

3.2 Fees

To the extent the Service or any portion thereof is made available for any fee, you will be required to provide information regarding your credit card or other payment instrument. You represent and warrant to Clayworks On Columbia 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.

3.3 Refunds 

You are responsible for full payment of fees for an entire workshop.  Payments are nonrefundable for Digital Classes.  At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

3.4 Commercial Use

Any material given to you in connection with a class or workshop is proprietary material developed specifically for the Services.  You agree that such proprietary material is solely for your own personal use, and any disclosure to a third party is strictly prohibited. Unless otherwise expressly authorized herein or by Clayworks On Columbia in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

4. Intellectual Property Rights

4.1 Service Content and Trademarks

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 Clayworks On Columbia, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service content, in whole or in part, except that the foregoing does not apply to any User Content (as defined below) that you legally upload to the Service.  Clayworks On Columbia name and logos are trademarks and service marks of Clayworks On Columbia (collectively the “The Clayworks On Columbia Trademarks”). Other product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Clayworks On Columbia. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Clayworks On Columbia Trademarks displayed on the Service, without our prior written permission in each instance. 

4.2 User Content Transmitted

Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Clayworks On Columbia, its affiliated companies and partners (including but not limited to Clayworks On Columbia instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Clayworks On Columbia, its affiliated companies or partners are non-confidential and Clayworks On Columbia, 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.

5. Third Party Websites

The Site and the Service may contain links to third party websites and resources, such as the platforms on which any workshops are hosted. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Clayworks On Columbia. Unless otherwise stated, these Terms and Conditions only cover the use of the Service. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

6. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold Clayworks On Columbia 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 of Service 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.

7. Disclaimer of Warranties

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, CLAYWORKS ON COLUMBIA 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.

CLAYWORKS ON COLUMBIA 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.

8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLAYWORKS ON COLUMBIA 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 CLAYWORKS ON COLUMBIA 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 OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CLAYWORKS ON COLUMBIA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, 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.

9. Governing Law, Venue Mediation

This Agreement shall be construed in accordance with and governed by the laws of the State of New York without regard to its conflict of law provisions.  The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms of Service or the Service first by good faith negotiation.  If, within thirty days, the Parties do not reach agreement on the resolution of the dispute, then either party may commence legal proceedings.  The exclusive venue for any court proceeding based on or arising out of these Terms of Service or the Service shall be the state and federal courts located within New York, New York.  The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

10. Termination

We are committed to providing all users in any workshop a positive experience.  You agree that Clayworks On Columbia, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Clayworks On Columbia 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 of Service may be effected without prior notice, and acknowledge and agree that Clayworks On Columbia may immediately deactivate or delete your account 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 Clayworks On Columbia will not be liable to you or any third party for any termination of your access to the Service.

11. Disputes Between Users

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Clayworks On Columbia will have no liability or responsibility with respect thereto. Clayworks On Columbia reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

12. General

These Terms of Service constitute the entire agreement between you and Clayworks On Columbia and govern your use of the Service, superseding any prior agreements between you and Clayworks On Columbia 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. The failure of Clayworks On Columbia to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 of Service 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 of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign this Terms of Service without the prior written consent of Clayworks On Columbia, but Clayworks On Columbia may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service 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 Clayworks On Columbia be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

13. Questions? Concerns? 

Please contact us at info@clayworksoncolumbia.org if you have any questions regarding these Terms of Service or the Service.  We’d love to hear from you!