Terms of Service
This website is operated by Visual Arts Passage. Throughout the site, the terms “we”, “us” and “our” refer to Visual Arts Passage. Visual Arts Passage offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and Visual Arts Passage services including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These also apply any services provided by Visual Arts Passage, on any number of platforms or digital spaces.
Please read these Terms of Service carefully before accessing or using our website or services. By accessing or using any part of the site, services, or products, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
I. Community Guidelines & Agreement
All Visual Arts Passage Participants are required to follow our community guidelines whenever participating in any event or service hosted by Visual Arts Passage.
Be Kind and Courteous
Treat everyone with respect. Healthy debates are natural, but kindness is required. This means:
Treat others online as you would treat them in real life
Be tolerant towards the viewpoints of other community members
Respectfully disagree when opinions do not align
Communicate with courtesy and respect
You are joining a global community of artists. Please be mindful and respectful of the many cultures, viewpoints, and perspectives.
No Hate Speech, Bullying, or Harassment of Any Any Kind
Bullying of any kind isn’t allowed, and degrading comments about things like race, religion, culture, sexual orientation, gender or identity will not be tolerated.
Respect Everyone’s Privacy
Being part of this community requires mutual trust. Authentic, expressive discussions make learning great, but may also be sensitive and private. What’s shared during Visual Arts Passage events or services rendered by Visual Arts Passage should not be distributed, shared, or posted anywhere without permission from all parties.
Protect Your Privacy
Students should never publicly share sensitive data in Slack, Zoom, Google Services, or any other platform used during your attendance at Visual Arts Passage. We advise using the same caution you would with personal information anywhere else on the internet.
Posting Photography and/or Reference Imagery
Visual Arts Passage is an online program and all of the program’s content and interaction is online. Do not upload content that is not public domain and do not contribute or upload unlicensed content that you do not own or have written permission from the model, or individuals in the photo to Slack, Zoom, Google Classroom, or using any other platform.
Nudity and Photography
Any of our courses may at any time show nude imagery, whether it be photography or art. Visual Arts Passage students should never post any unlicensed imagery, nor should participants such as students and attendees ever upload, post, share, or distribute nude imagery of any kind. Instructors may show nude photography or art that has been approved in advance by Visual Arts Passage administration. Students are not allowed to post imagery that they do not own the legal license to share or post to the internet. Visual Arts Passage licenses and uses nude photography for educational purposes. Students are prohibited from copying or distributing this photography.
Instructors and students are solely responsible for what they post, share, and/or distribute
Please be mindful of all community guidelines before posting any content at Visual Arts Passage. Visual Arts Passage is not responsible for the words, actions, or media shared or expressed by any member, participant, or user.
Foster a Positive Learning Environment
Destructive or malicious behavior or actions that degrade the student experience will not be tolerated under any circumstance
The views and opinions expressed in online classes by speakers, instructors, staff, students, and participants are those of that individual and do not reflect the official policy or opinions of Visual Arts Passage. Any content or data uploaded, shared, or expressed by guest speakers, instructors, staff, students, and attendees at Visual Arts Passage are of the individual’s personal opinion. Visual Arts Passage is not liable or responsible in any manner.
II. Additional Terms & Conditions
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the service and prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of these tools offered through the site or our services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Think Before You Click
Always be mindful before you click on a link, open a file, or download any content. Visual Arts Passage is not responsible and cannot be held liable for any content or data you choose to download, preview, or transfer to your device. Visual Arts Passage does not require students to use personal email or other contact information to participate in class. Students should always excercize caution before opening, downloading, or previewing any digital media or content.
Third Party Links
Certain content, products and services available via our service may include materials and links from third-parties. Third-party links shared by instructors, students, and other members of Visual Arts Passage may direct you to third-party websites that are not affiliated with Visual Arts Passage. We are not responsible for examining or evaluating the content or accuracy posted by other members and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction or exchange of data. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation under any circumstance to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Visual Arts Passage, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Visual Arts Passage and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 420 East Bannister Road, Suite 600, Kansas City, MO, 64114, United States.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at [email protected]. Visual Arts Passage is not a school or accredited organization offering any certificate, diploma, or official document of completion. All events tied to Visual Arts Passage are hosted in an online digital meeting room. Participants may have the ability to share their desktop, chat, use video and audio capabilities, as well as share other personal data. Other attendees, administration, and instructors can view this content in real-time or in recorded content that is distributed. Visual Arts Passage is not liable for any sensitive or private information intentionally or unintentionally shared by any participants using any of the tools in any online classroom or digital platform used by Visual Arts Passage including but not limited to Google Classroom, Zoom, Slack, Google Drive, and any other Google Services.
Recorded Content and Access
Recordings for Visual Arts Passage’s Online Mentorship Courses and Programs are not included in the purchased product and are not owned by the student. Visual Arts Passage owns the copyright, and distribution rights to all recorded content produced at Visual Arts Passage. Recorded content may be visible to the general public or resold at a later date due to any number of reasons and all participants are acknowledging that this may occur and by participating in Visual Arts Passage are giving consent for these recordings to potentially become visible to the public for any number of reasons. The customer is not entitled to these recordings in any form or fashion. The recordings are solely intended for students to attend the program with a flexible schedule or to catch up if they fail to attend the scheduled live event. Students are expected to attend the live event in order to attend Visual Arts Passage. In the event that a class or course recording/data/or information are lost, compromised, damaged, released without permission of Visual Arts Passage, or any participant who is featured in the recording or who may have personal data in the record, or not viewable to the student, staff, instructor or administration, due to Zoom.us’ storage methods or other storage methods used by Visual Arts Passage, Visual Arts Passage is not liable for any damages and is not required to take any actions to resolve this matter.
Sensitive Data and Recordings
All events tied to Visual Arts Passage are hosted in an online classroom. Attendees sometimes have the ability to share their desktop, chat, and use video and audio capabilities. Other attendees, administration, and instructors can view this content. Visual Arts Passage is not liable for any sensitive or private information intentionally or unintentionally shared by students or instructors using any of the tools in our online classroom via Zoom, Google Classroom, or Slack. All meetings, classes, events, and webinars are recorded and stored on Zoom’s (our video conferencing software provider) cloud. This includes all data included in the recording: Video, audio, transcripts, chat, and usernames. By attending, you are granting permission to participate in a recorded event and your participation may be recorded and available for viewing by non-members of Visual Arts Passage. The views and opinions expressed in online classes by speakers and attendees are those of the speaker and/or individual and do not reflect the official policy, opinion, or position of Visual Arts Passage. Any content provided by individuals instructing at or attending Visual Arts Passage are of their personal opinion, and does not represent Visual Arts Passage in any manner. Visual Arts Passage is not liable for anything shared, said, or done in a classroom by attendees, speakers, or non-Visual Arts Passage administration. Attendees are never given lifetime access to any of our recordings and we do not guarantee recordings will be available after any live event.
Students are not required to share personal information such as phone numbers, addresses, or any other information with other participants or their instructors at Visual Arts Passage.
Visiting artists/instructors/mentors/speakers will sometimes cancel and/or reschedule. This is the nature of hosting a workshop taught by many of the most accomplished artists in the industry. This cannot be controlled by Visual Arts Passage and Visual Arts Passage is not liable for any cancellations at any point in time. If an artist cancels, students are not eligible for any refund and Visual Arts Passage is not required or liable to compensate customers in return or replace the instructor under any circumstance. In the event of an artist cancelling or rescheduling, Visual Arts Passage will to the best of their ability create a reasonable solution to deliver the educational experience.
Recordings for Visual Arts Passage’s Online Mentorship Courses and Programs are not included in the purchased product and are not owned by the student. The customer is not entitled to these recordings in any form or fashion. The recordings are solely intended for students to attend the program with a flexible schedule or to catch up if they fail to attend the scheduled live event. Students are expected to attend the live event in order to attend Visual Arts Passage. In the event that a class or course recording/data/or information are lost, compromised, damaged, posted to third party sites, made visible by the public, or not viewable to students, staff, instructors, or administration, due to any number of reasons, Visual Arts Passage is not liable and is not required to take any actions to resolve this issue.
Online Event Recordings and Consent to be Recorded
All Visual Arts Passage classes are recorded and said recordings may include your name, likeness, chat, and personal information if you choose to share it. This recorded content is available to other members of Visual Arts Passage. By participating in a class, using audio, video, chat, or screen-sharing, a student is opting in to being recorded. Visual Arts Passage owns the rights and is entitled to any usage of said class recording or content. Visual Arts Passage is not responsible or liable for any actions, distribution, or damages caused in relation to Visual Arts Passage recordings or content of any kind related to this online education tool.
Ownership of Audio/Video Conference Recordings
All live events hosted online by Visual Arts Passage are recorded and archived. Instructors, attendees, and panelists may be included in these recordings. Visual Arts Passage owns all recorded content and has the right to use, sell, rent, and/or distribute said recorded content from webinars and meetings in perpetuity.
All classes, class, course, programs, webinars, events and event recordings are owned by Visual Arts Passage and cannot be shared, copied, recorded, distributed, or provided to other individuals via any form of distribution. This includes sharing your personal login information or using an account to distribute the live class or recording to a group or class. Visual Arts Passage owns the rights to these recordings, but is not liable for any actions, distribution, or damages caused by the release of said recordings by any Visual Arts Passage student, participant, or instructor. If at any time a recording is known to have been shared, Visual Arts Passage has the right to expel said student from the program or course immediately. Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.
Third Party Resources & Tools
We utilize third-party tools over which Visual Arts Passage neither monitors nor maintains any control nor input upon the operation and administration of said tools. These tools include Zoom, Slack, Google Classroom, Google Drive, and Google Services. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these third-party tools. Any use by you of these tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. If at any point any individual does not meet any number of the above requirements for any reason, Visual Arts Passage has the right to remove/expel the student from the program without discussion or the need to explain the decision to the student. In the instance a student is expelled, under no circumstance will Visual Arts Passage or The Illustration Academy offer any refund amount to the student. The student will immediately be removed from the class and credentials will be revoked permanently. Neither organization will be held liable for the return of any funds or payments to the expelled student. Instructor and Guest Speaker ArtworkAll artwork, whether digital or traditional, created by instructors and guest speakers at Visual Arts Passage is owned by the creator of said artwork. Please be sure to ask for permission in writing before ever sharing or repurposing artwork belonging to any other artist.
You must read these Terms and Conditions in their entirety before you applying for and or accepting a Visual Arts Passage Scholarship. When you accept your scholarship you are agreeing to and accepting these Terms and Conditions and agree to the requirements and conditions of your scholarship. Providing false or misleading information is an offense. If Visual Arts Passage knows or has reason to believe that you have provided false or misleading information, Visual Arts Passage may reassess your entitlement to the scholarship and withdraw, remove, or discontinue any award related to the Scholarship at any time. Scholarships winners are not awarded cash, or money, but are granted free access to one or more online classes. Under no circumstances is cash, money, or check awarded to a scholarship candidate. If the course is cancelled for any reason, a similar course or course of equal value may be offered in replace of the original course. If there is not a course of equal value or similar content, the student may be allowed to attend the next scheduled course of similar content, if there is one. All students offered scholarships will receive an official ‘offer’ email offering the scholarship, and must reply either accepting or rejecting this offer within 3-days of receipt. Failure to respond within this 3-day period may result in the scholarship offer being withdrawn and reassigned. You must accept your scholarship offer by the due date, as instructed in your offer email, to be eligible to receive the Scholarship. Applicants may be requested to submit further information or to participate in an interview to complete their assessment for the scholarship. Judging and awarding of the scholarship – any and all Visual Arts Passage scholarships are determined by one or more Visual Arts Passage instructors, associates, or partners. This may include individuals who are not on staff at Visual Arts Passage, peers, or any member of a group sponsoring a Visual Arts Passage scholarship. Scholarships are not transferable and the recipient must pay any fees not related to tuition in order to participate. Scholarships are subject to applicants meeting the entry requirements to the program. Continuation of the scholarship is subject to the recipient successfully meeting the study requirements of each term of the program, including passing all subjects, and adherence to program rules. If the scholarship recipient fails any subject during the program, fails to attend or view one or more classes with Visual Arts Passage without notifying administration by phone or email in advance, the scholarship is forfeited and the student’s access to Visual Arts Passage will be discontinued. If you are awarded a scholarship and do not participate in one or more of the course assignments or attend and/or view class recordings, your scholarship can and may be withdrawn, removed, or discontinued by decision of Visual Arts Passage faculty or administration. Students awarded a scholarship are expected to comply with all rules, regulations, and terms associated with Visual Arts Passage. At any point, Visual Arts Passage reserves the right to withdraw, cancel, or discontinue a student’s scholarship due to their behaviour, treatment of others, or reasons not mentioned without further explanation. Scholarships are only offered for single courses at a time and do not apply to an entire program. If a course is cancelled or delayed due to enrollment or the instructor’s schedule, we are not required to fulfill the scholarship until the scheduled course begins. Students cannot defer their scholarship eligibility to a later date and must attend the course they qualify for at the time it is offered. Not all students receive a full scholarship to Visual Arts Passage courses. The Scholarship amount is determined by the Program Director and Administration or the third-party organization that may be awarding the scholarship. The scholarship cannot be traded for anything of equal value and is not reimbursable and can be withdrawn at any time and Visual Arts Passage is not required to offer any explanation for withdrawing the scholarship or removing the scholarship participant from the program. Some students may be awarded partial scholarships. The amount is determined on a case-by-case basis.
Scholarships are awarded based on many variables and Visual Arts Passage is not required to share any details regarding these qualifications. These may be based on a variety of factors including, but not limited to skill, potential, talent, character, and performance. Visual Arts Passage is not required to provide Scholarship students with any material, technical gear, access to wifi, or electronic equipment to attend the program. Scholarship candidates must provide these materials for themselves.
All sales by Visual Arts Passage for any and all services, subscriptions, classes, courses, mentorships, and/or recorded content are non-refundable. Whether or not a student continues to attend or participate in Visual Arts Passage courses and events, all outstanding payments in relation to payment plans must be made by the participant as scheduled at the time of their original checkout. For more questions, please email [email protected]
All events hosted by Visual Arts Passage are for adults, ages 18 years or older. Attendees under the age of 18 must demonstrate permission from their parent or legal guardian and will only be accepted into the program on a case-by-case basis. By attending, participating, or enrolling in any and all of our events, you are confirming that you are at least 18 years of age and you are acknowledging and consenting to all of Visual Arts Passage’s terms and conditions. Some of Visual Arts Passage’s lectures, demonstrations, and events may display artwork featuring some nudity. By attending these events, you are acknowledging that this content may and will be visible to you and other users in Zoom, Google Classroom, Slack, or through any other number of digital platforms. Visual Arts Passage is not liable, expected to, or required to remove, monitor, or censor content posted by any member of the Visual Arts Passage community, including both students and instructors.
Questions? Please contact us at [email protected]
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Visual Arts Passage makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Visual Arts Passage proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at [ADDRESS];
"System": means any online communications infrastructure that Visual Arts Passage makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Visual Arts Passage Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (learn.visualartspassage.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Visual Arts Passage, a company incorporated in [COUNTRY] with Company registration Number  , located at [Address].
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Visual Arts Passage, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable [COUNTRY] and International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Visual Arts Passage or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site learn.visualartspassage.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at [email protected] or call us in the following number: your_number.
9. Use of Communications Facilities
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of Visual Arts Passage or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that Visual Arts Passage reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that Visual Arts Passage may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 Either Visual Arts Passage or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Visual Arts Passage correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13. Orders and Provision of Services
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Visual Arts Passage and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the Services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 Visual Arts Passage shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 13.8 Visual Arts Passage provides technical support via our online support forum and/or phone. Visual Arts Passage makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from Visual Arts Passage. If you need to speak to us about your Order, then please contact customer care on [PHONE NUMBER], or by email at [email protected] or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Visual Arts Passage and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: [email protected]. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
- 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
- 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
- 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. Visual Arts Passage uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts .
- 20.3 Nothing in these Terms and Conditions excludes or restricts Visual Arts Passage's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Visual Arts Passage.
- 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Visual Arts Passage shall be governed by and construed in accordance with the Law of England and Wales and Visual Arts Passage and you agree to submit to the exclusive jurisdiction of [COUNTRY].