Terms and Conditions of Use

Effective as of November 15, 2018.


Johwey.com (“Website”) is owned and operated by Johwey Redington (“we”, “us”). These Terms and Conditions of Use apply to all of the intellectual property content, products, and services offered by Johwey Redington. This Agreement shall remain in full force and effect for so long as Johwey Redington is in operation.


PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THIS WEBSITE.


Acceptance of Terms

This Terms and Conditions of Use (“Agreement”) and the related Privacy Policy constitute an agreement between you and Johwey Redington and sets forth legally binding terms for your use of this Website. By using this Website, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should terminate your use of, or access to, this Website.


General Requirements

To use or access this Website, you must be at least eighteen (18) years of age and are fully able and competent to read, understand and enter into this Agreement, including all conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by, and comply with, all terms of this Agreement.

You are granted a non-exclusive, non-transferable, revocable license to access and use this Website strictly in accordance with this Agreement and you agree to use this Website for legitimate, non-commercial purposes only.


Minors
If you are under 18, you may use the Website only with permission and supervision of a parent or guardian.


User Account

To purchase certain products in the Website, you are required to create a User Account with a username and password. You are responsible for maintaining the confidentiality of your password and account information. You may not assign, share, or otherwise transfer your account to any other person or entity. You are fully responsible for all activities that occur under your account and acknowledge that Johwey Redington is not responsible for third party access to your account that results from theft or misappropriation of your account.


Definition of Lifetime Access

When you purchase an online class with lifetime access, it means you have unlimited access to the class content through your User Account for as long as it is hosted on the Website. You understand that lifetime access refers to the lifetime of the class and not the lifetime of the purchaser.


General Disclaimer Regarding Art Materials

Painting, in all of its forms, is at your own risk. By undertaking the activities in the Website, you represent that you understand that some painting media may be toxic or dangerous and their use carries the risk of personal injury, whether physical or mental. You are advised to carefully review all media packaging, warnings, and proper terms of use. You agree that it is your responsibility to judge your own understanding of the use of certain art media and seek the advice of a physician, if necessary, before using certain painting materials. You expressly waive and release any claims or damages that you may suffer or incur, at any time, for injury of any kind, against Johwey Redington and its associates.


Prohibited Conduct

You agree not to post, transmit, or otherwise make available on or through the Website any material which violates or infringes our rights or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.


License to Your Content

By posting, transmitting, or otherwise making available any material on or through our Website, you grant Johwey Redington an irrevocable, worldwide, perpetual, non-exclusive license to use for any purpose, such material on and through our Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you. You represent and warrant that you own all right, title and interest in all materials you post on or through the Website or otherwise have the right to grant the license set forth in this section.


Proprietary Rights

All materials on the Website, including, without limitation, names, logos, images, text, graphics, videos, photographs, illustrations, music, artwork, software and other elements (collectively, “Website Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Johwey Redington or by third parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Website Content is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Website Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Johwey Redington’s prior express written permission. You may not add, delete, distort, or otherwise modify the Website Content. Any unauthorized attempt to modify any Website Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Website Content for any purpose other than its intended purposes is strictly prohibited.


Non-Commercial Use

The Website may not be used in connection with any commercial purposes, except as specifically approved by us. Unauthorized framing of or linking to the Website is prohibited. Posting commercial advertisements, affiliate links, and other forms of solicitation in the Website may result in the termination of your account.


Third Party Websites

The Website may contain links to third party websites and resources. Links to such websites are provided as a service to our users and customers and do not imply our endorsement of or affiliation to these third party websites. If you decide to access any such linked website, you do so at your own risk. We have no control over these websites and their content, and we make no representations or warranties about the products or services of any of these businesses or individuals, or the accuracy of the content of their website. We do not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such websites.

Furthermore, third party websites may be linking to the Website and/or the products offered therein. We are not responsible for the content and practices of such websites and make no representations or warranties regarding such third parties.


Affiliate Links

The Website may include affiliate links which means that if you purchase an item using an affiliate link, we may earn a commission.


Copyright Policy

Johwey Redington respects the copyrights of others. If you see any content on the Website that you believe violates or infringes your copyright, you may submit a request to delete, edit, or disable the material in question. Please provide the following information: (1) identification of the unauthorized material and sufficient information to locate it on the Website; (2) identification of the copyright protected work you believe has been improperly used; (3) acknowledgements in the following forms, as required by the Digital Millenium Copyright Act (DMCA): “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; (4) your printed name and signature; (5) and your contact information. Submit this request in an email to support@johwey.com.


Removal of Content and Access Termination

Johwey Redington reserves the right to remove from the Website any content you post that violates this Agreement or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability to you.


Disclaimer of Warranties

To the full extent permitted by law, Johwey Redington and its associates disclaim all warranties, express or implied, in connection with the Website and any use thereof. We makes no warranties or representations about the accuracy or completeness of the Website’s content. You expressly agree that your use of, or inability to use, the Website is at your sole risk.


Limitation on Liability

To the full extent permitted by law, Johwey Redington and its associates shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies in any Website content, (ii) personal injury or property damage, of any nature whatsoever, resulting from any access to and use of the Website, (iii) any unauthorized access to, or use of, our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not we were advised of the possibility of such damages. In no event shall Johwey Redington’s cumulative liability to you exceed the total purchase price of the products you have purchased from us in the twelve (12) months before the event giving rise to your claims.

You specifically acknowledge that we shall not be liable for content posted by other users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Because certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website or with any of the terms of this Agreement, you should terminate your use of, or access to, the Website.


Indemnity

You agree to defend, indemnify and hold harmless Johwey Redington and its associates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i), any use of and access to the Website; (ii), any violation of any term of this Agreement; or, (iii), any violation of any third party right, including, without limitation, any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and any use of the Website.


Additional Terms

Certain purchases, activities, and classes that are available through the Website may require additional rules or guidelines. These additional terms will be posted on the relevant portions of the Website and are part of this Agreement. You agree to comply with them when you purchase items from the online store, participate in programs or classes, or otherwise engage in activities governed by such additional terms.


Modification and Discontinuation

Johwey Redington reserves the right at any time to modify, remove, alter, edit, delete, suspend or discontinue, temporarily or permanently any Website content, programs, classes or any other aspects of the Website (or any portion thereof) for any reason and without notice. We will not be liable for any such modifications, interruptions, suspensions, or discontinuances of any content or services provided on or through the Website.


Assignment

This Agreement and any rights and licenses granted hereunder are not transferrable or assignable by you but may be assigned by Johwey Redington without restriction.


Integration Clause

This Agreement and related Privacy Policy constitute the entire agreement between you and Johwey Redington pertaining to this Website and any use thereof, superseding any prior agreements between you and Johwey Redington with respect to the Website.


Waiver and Severability of Terms

The failure of Johwey Redington to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction, or arbitrator, to be invalid, the parties to this Agreement nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.


Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of California. Any claim or dispute between you and Johwey Redington that arises in whole or in part from the Website shall be decided exclusively by an arbitrator or court of competent jurisdiction located in Orange County, California.

As a condition precedent to your filing any claim or action against us, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable location in Orange County, California, each party to bear its own costs. Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises.


Changes to Terms and Conditions

Johwey Redington reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any periodic changes. Use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.


Contact Us

You can contact us at support@johwey.com or through our Contact Page with any questions or comments about this Agreement.

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