Illustrated Style School
Terms of Use
Last Updated: March 25, 2021
This Terms of Use (this "Agreement") governs all uses of the Services (defined below) provided by Schmitz Studios, LLC, a Maine limited liability company d/b/a My Body Model (“MBM,” “we” or “us”), by the individual or organization using the Services ("you").
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR A SUBSCRIPTION TO THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.
YOU MAY NOT USE THE SERVICES IF YOU DO NOT AGREE TO THIS AGREEMENT OR ARE NOT THE OLDER OF 18 YEARS OF AGE OR LEGAL AGE TO FORM A BINDING CONTRACT WITH MBM.
Introduction
This Agreement governs all uses of Services that we make available to you. The “Services” governed by this Agreement consist only of the content and services available in and from the illustratedstyleschool.com, mybodymodel.mykajabi.com, and courses.mybodymodel.com websites operated by MBM. If you also access or use the MyBodyModel web application (app.mybodymodel.com) or informational website (mybodymodel.com), or have a customer account with either of those websites, then your use of those websites and the content and services offered by and through them is subject to their separate Terms of Use available at www.mybodymodel.com/termsofuse.
The Services include course materials offered on a subscription basis, as an applicable Order Form (defined below) indicates at the time of your purchase (such materials, “Subscription Content”) or materials offered for a one-time purchase price or both, as well as other written and image content, and may from time to time include video or other media content and email messages sent to you by the Services. The Services include the Free Content (defined below) as well as features, services and content made available only to paying customers (“Paid Content”).
We may update this Agreement at any time, without prior notice to you. Any changes to this Agreement will be in effect as of the "Last Updated" date above. You should review this Agreement before signing up for any subscription or using any Services. Your continued use of the Services after the "Last Updated” date will constitute your agreement to such changes.
Your Responsibilities
In using the Services, you may be asked to provide certain personally identifiable information to us (“User Information”). User Information may include information that you manually enter into forms, provide to us by email, type into live multimedia broadcast platforms or provide us otherwise. By providing us with User Information, you agree to our collecting, using and sharing it in the ways described in our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information and you agree to keep it up to current.
Free Content
We may make certain parts of the Services available to you at no charge (“Free Content”). Your use of Free Content is subject to this Agreement and to any terms or conditions that we may publish in the Content itself. Using Free Content does not provide you with any rights or licenses relating to Paid Content. We may change or discontinue Free Content at any time.
Paid Content
You may access Paid Content by completing and submitting a form in which you purchase a subscription and make payment (“Order Form”). Each Order Form will specify the purchase price for the relevant Paid Content and other information about it, including whether it is Subscription Content or a one-time purchase.
If you purchase Paid Content, then effective upon our receipt of your payment, you are purchasing and we hereby grant you, subject to your compliance with this Agreement and pursuant to applicable Order Forms, a limited, revocable, non-exclusive, non-transferable, worldwide, royalty-free, fully paid up right during to access and use that Paid Content (and in the case of Subscription Content, this right terminates at the end of your Subscription Term). The right granted in this paragraph includes the rights to make and permanently keep copies of the relevant Paid Content and share its with members of your immediate family only. You may not share Paid Content or your login credentials with any other person. You are responsible for maintaining the confidentiality of your account and password.
By purchasing Paid Content or using the Services, you warrant that you are legally capable of entering into binding contracts, all information you submit to us is truthful and accurate, your use of the Services does not violate any applicable law, any payment information you supply to us is true, correct and complete, you are duly authorized to use such payment method for the purchase, charges incurred by you will be honored by your credit card company or other payment provider, and you will pay charges incurred by you at the posted prices, including any applicable taxes.
My Body Model Materials
Some Paid Content recommends that you use digital and/or printable paper doll and sketchbook materials from MyBodyModel in connection with the Paid Content. If you do not already use those materials, you are welcome to purchase them from our sister website, www.mybodymodel.com, but your use of the Paid Content does not include that purchase and the Services provided under this Agreement do not include those materials. You are not obligated to use those MyBodyModel materials.
Code of Conduct for Our Community
The Services include access to the online community that we host at mybodymodel.mykajabi.com and www.illustratedstyleschool.com (“Community”). We want the Community to be a place where you and other people can enjoy themselves and find useful information. With that in mind, we require that you and all other people using the Community follow these rules (our “Code of Conduct”):
Be nice. Don’t say anything that you wouldn’t say to a friend. Don’t harass people.
Don’t post anonymously. Anonymity is where we usually see trolls ruin things for everybody.
Don’t spam. You are welcome to mention your own blog or business website in the URL field in your account, but don’t post comments using your blog or business name.
Don’t post anything that violates any laws or is obscene, indecent, pornographic or defamatory. These types of posts not only drive other people away from community forums but also expose you to legal consequences.
Respect differences. Not everybody works the same way. Feel free to suggest alternative ways of doing things, but keep it respectful.
MBM at any time may remove posts that violate this Code of Conduct and may remove Community access completely to repeat offenders.
Your Content
You have the option to submit text, images, photos and other forms of data or communication (all of these together, “Your Content”) to the Community. Your Content may include your User Information.
Once you publish Your Content in the Community, it may not be possible for you to remove it in a timely manner or remove it at all. You warrant to MBM that you own or have the required permission to use and authorize the use of Your Content as this Agreement provides. Your Content may not contain any material that violates the Code of Conduct or this Agreement.
You hereby grant MBM the world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose, including the rights to publish it and display it publicly, create derivative works from it, distribute it, reformat it, incorporate it into advertisements and other works. You also hereby grant to each other Community user the world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to access Your Content in the normal course of their usage. You hereby irrevocably waive, and cause to be waived, against MBM and each other user any claims and assertions of moral rights or attribution relating to Your Content.
Intellectual Property
The Services are owned by MBM, its licensors or other providers of such material and are protected by intellectual property laws. The MBM and Illustrated Style School name and logos and all related names, logos, product and service names, designs and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans in the Services are the trademarks of their respective owners.
Prices and Payment Terms
All prices, discounts, and promotions posted in the Services are subject to change without notice. The price charged for Paid Content will be the price stated in the applicable Order Form at the time that you order.
From time to time we may offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.
Subscription Service
Your access to the subscription-based Paid Content is offered as a subscription, and your fees do not vary depending on how much or how little you use that Paid Content during the Term.
No Refunds
Your purchase of Paid Content is a final sale and your purchase price is non-refundable.
Subscription Term; Termination of Services
The “Subscription Term” is the period of time that an Order Form for Subscription Content provides for your access to that Paid Content. You may discontinue using the Services or delete your customer account with us at any time. Deleting your account will discontinue your access to the Services provided by this Agreement, but will not provide you with a right to a refund to any fees already paid.
DISCLAIMER OF WARRANTIES
THE PAID CONTENT AND ALL OTHER SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES), WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE LIABLE TO YOU OR TO ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES RELATING TO THE SERVICES BY ANY PERSON OR ORGANIZATION, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES IN CONNECTION WITH THE SERVICES WILL BE LIMITED TO THE HIGHER OF $5000 OR, IN THE CASE OF SUBSCRIPTION CONTENT, AN AMOUNT EQUAL TO THE FEES THAT YOU PAID TO US IN THE LAST THREE MONTHS OF YOUR SUBSCRIPTION.
The limitation of liability set forth above shall only apply to the extent permitted by law.
Services Not for Resale or Export
You warrant to use that you are using the Services for your own personal and household use only, not for resale or export.
Privacy
Our Privacy Policy governs the ways that we collect and process personal information relating to you in connection with the Services. By agreeing to this Agreement or using the Services, you agree to the practices disclosed in the Privacy Policy.
Feedback
MBM may offer you the ability to provide feedback, ideas or comments relating to the Services (“Feedback”). By submitting Feedback to MBM, you warrant that that Feedback contains no confidential information or other material that you are not allowed to provide to MBM; you acknowledge that MBM has no duty to reply to or take action regarding the Feedback; you grant MBM an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback; and you irrevocably waive, and cause to be waived, against MBM and its users any claims of moral rights relating to the Feedback.
Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with Maine law, except for its conflict-of-law provisions.
Disputes
This Agreement will be governed by Maine law. Before taking any legal action against us, you will contact us in a good faith effort to resolve your dispute. If you do later take legal action, any such action will be resolved by binding arbitration conducted by a mutually agreed service in Maine. If we fail to reach agreement as to an arbitrator, either we or you may bring an action against the other in a court of competent jurisdiction in Maine.
Assignment
You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this section sis null and void. We may assign this agreement freely.
No Third-Party Beneficiaries
This Agreement does not confer any rights or remedies upon any person other than you.
Severability
If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.
Customer Service
With customer service requests, please contact MBM at [email protected].
Entire Agreement
This Agreement is the final and integrated agreement between you and us on the matters that it addresses.
