Terms and conditions
THE MOST IMPORTANT OF THE TERMS AND CONDITIONS
100% satisfaction guarantee with a 7-day free trial period.
You can cancel your free trial in free trial settings in your dashboard.
If you want to continue with the annual membership after free trial, you can confirm it in free trial settings in your dashboard or just wait for the free trial to end without canceling the free trial.
If you don’t cancel before the free trial period ends, you will be charged an annual membership fee and will gain access to all courses (current and future).
If you choose the Lifetime Access option, you'll have access to the given course for life.
Courses you bought as a lifetime access will be marked as "lifetime access" in your dashboard so you can tell them apart from the annual membership
ArtMaster is completely transparent in its business activities therefore we will always send you a tax document - receipt in electronic form to the email address you provided.
Please note that our Course(s) are only provided to you and solely for educational purposes. You should not modify or alter them in any way. You have no right to assign the course license to a third party or grant a sub-license.
We are constantly trying to improve our services to meet your expectations. If something doesn't work as it should or you just suggest improving the service, we greatly appreciate your feedback. Please drop us an email at firstname.lastname@example.org.
The complete wording of our Terms and Conditions can then be found below.
TERMS AND CONDITIONS
of the company
Art Master Academy s.r.o.
With its registered office at Příčná 147/2, České Budějovice 4, 370 01 České Budějovice, Czech Republic, Company ID No.: 07597177, registered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 29703,
for the sale of the access to the online Course(s) via the online shop located at www.artmaster.com
The mutual rights and obligations of the User and/or Buyer and ArtMaster, in particular the rights and obligations arising from the Contract, are governed by these Terms and Conditions (hereinafter referred to as the "Terms and Conditions").
1.1 In these Terms and Conditions:
1.1.1 "Website" means a computer program - an internet application available on www.artmaster.com, whose main functionality is to display, play, save, select and order Course(s) by the User or Buyer;
1.1.2 "Contract" means a contract for the provision of digital content within the meaning of Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the provision of digital content and services concluded through the Website;
1.1.3 “Annual Membership” refers to the level of access granted to a Buyer to all Course(s) available on the Website, accessible through the Buyer's User Account. This access is valid for a period of one (1) year, commencing from the date of activation of the Annual Membership. During this period, the Buyer is entitled to unlimited access to all existing and newly added Course(s) on the Website, subject to the terms and conditions specified herein. Annual Membership auto-renews at the end of each period unless cancelled in accordance with these Terms and Conditions.
1.1.4 “Lifetime Access” refers to the provision of access to a particular Course or bundle of Course to a Buyer for an extended duration. This access is granted for the entire period during which ArtMaster holds copyright ownership of the Course(s) or for as long as the Website remains functional and operational, whichever is shorter. This access is non-transferable and is subject to the continuing availability of the Course(s) on the Website, subject to the terms and conditions specified herein.
1.1.5 "Order summary" means the part of the Website that is automatically generated by the activation of the relevant functions by the User as part of his/her actions in the user environment of the Website, in particular by adding or removing Course(s) and/or changing the quantity of selected Course(s) or selecting the Annual Membership option;
1.1.6 "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended.
1.1.7 "ArtMaster" means the company Art Master Academy s.r.o., with its registered office at Příčná 147/2, České Budějovice 4, 370 01 České Budějovice, company ID No.: 07597177, a company registered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 29703.
1.1.8 "Access Data" means the unique login name entered by the User into the Website database during Registration and associated password subsequently generated by ArtMaster;
1.1.9 "Registration" means the electronic registration of the User to the Website database by filling in at least the mandatory registration data in the Website user interface and Access Data or by using User’s Apple ID, Google Account or Facebook Account and their subsequent storage in the Website database;
1.1.10 "Consumer" means a Buyer - a person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a Contract with ArtMaster or otherwise deals with him;
1.1.11 "User" means any legal or natural person who uses the Website;
1.1.12 "Buyer" means any legal or natural person with whom ArtMaster enters into the Contract or an legal or natural person that is provided access to the Course(s) during the Free Trial Period;
1.1.12 "User Account" means a section of the Website that is created for each User by Registration (i.e., is unique to each User) and is made available to each User after the User enters Access Data;
1.1.13 "Course(s)" means ArtMaster's online Course(s), which are by their nature digital content (intangible object) protected by copyright. The content, parameters and exact specifications of the Course(s) are set out in the description of each Course(s) on the Website together with the license to use such online Course(s);
1.1.14 “Free Trial Period” refers to a limited time period of seven (7) days offered to Buyers who select the Annual Membership option. During the Free Trial Period, the Buyer is granted full access to all Course(s) available under the Annual Membership, without any cost. If the Buyer does not cancel the subscription before the end of the Free Trial Period, he/she will be charged for the Annual Membership fee. The Free Trial Period is a one-time offer for new Buyers only;
1.1.15 “Order” means Order for Lifetime Access and Order for Lifetime Access;
1.1.16 “Parties” User and/or Buyer and ArtMaster;
Pre-contractual information for Consumers
2.1 ArtMaster enters into contract for the provision of digital content (Contract) under which the digital content is copyrighted.
2.2 Regarding the price of the Course(s):
2.2.1 If a Buyer selects the Annual Membership option, the price for granting access to the Course(s) and the license rights to the Course(s), as outlined in Article 7.1 of these Terms and Conditions, shall remain fixed and unchanged for the entire duration of the Annual Membership. This fixed pricing applies to the license rights allowing access to all Course(s) available on the Website through the Buyer's User Account. The stability of pricing is assured for the one-year period of the Annual Membership, commencing from the date of purchase or renewal of the Annual Membership, and is not subject to any increase during this period.
2.2.2 If a Buyer selects the Lifetime Access option, the price for granting access to the Course(s) and the license rights to the Course(s), as outlined in Article 7.2 of these Terms and Conditions, will be a one-time fee, ensuring continued access to the specified Course(s) for as long as ArtMaster maintains the copyright ownership of the Course(s) or until the functionality of the Website ceases, whichever occurs first.
2.2.3 The prices of the Annual Membership or Lifetime Access to the Course(s) provided on the Website may be both inclusive and/or exclusive of VAT, including all fees stipulated by law. The price does not include any payments, fees or other charges that the Buyer must incur for services provided by third parties in connection with the payment of the price; such costs shall be borne solely by the Buyer.
2.2.4 The Consumer acknowledges that, according to the provisions of Section 1837(l) of the Civil Code, the contract for the supply of digital content cannot be withdrawn if it has not been supplied on a tangible medium and has been supplied with the Consumer's prior express consent before the expiry of the withdrawal period and ArtMaster has informed the Consumer before the conclusion of the Contract that in such a case the Consumer has no right to withdraw from the Contract.
2.2.5 The prices of the Annual Membership or Lifetime Access to the Course(s) remain in effect for as long as they are displayed on the Website. The prices of the Annual Membership or Lifetime Access to the Course(s) are not adjusted to the Buyer's personality based on automated decision making. This provision does not limit ArtMaster's ability to enter into the Contract on individually negotiated terms.
2.2.6 ArtMaster does not require a deposit or other similar payment from the Buyer. This does not affect the Buyer's obligation to pay the price of the Annual Membership or Lifetime Access to the Course(s).
2.2.7 The Buyer does not incur any delivery costs within the meaning of Section 1811(2)(e) of the Civil Code.
2.2.8 ArtMaster has the right to provide the Buyer with a discount on the price of the Annual Membership or Lifetime Access to the Course(s). Discounts on the price of the Annual Membership or Lifetime Access to the Course(s) cannot be combined with each other unless expressly stated otherwise.
2.2.9 The price for the Annual Membership or Lifetime Access to the Course(s) does not include any payments, fees or other charges that the Buyer has to incur for services provided by third parties in connection with the payment of the price for the Annual Membership or Lifetime Access to the Course(s) (for example, internet connection costs); such costs are solely the Buyer's costs.
2.3 The Consumer hereby expressly consents to the digital content being delivered to him before the expiry of the statutory withdrawal period.
Process of concluding the Contract
3.1 The Buyer begins the contractual process by selecting a desired subscription plan (Annual Membership) or course access option (Lifetime Access) on the Website. This choice determines the scope and duration of access to the Course(s).
3.2 Via the Website ArtMaster indicates the designation of the Course(s), detailed information about the characteristics of the Course(s), the price of the Course(s), bundle of Course(s) and/or price of the Annual Membership including VAT and all related fees.
3.3 Annual Membership:
3.3.1 To order the Annual Membership, the Buyer shall click on the "Start 7-day-free trial" (“Free Trial option”) or button “Buy for § … annually" (“Buy For option”) or a button with a similar meaning.
(hereinafter referred to as "Order for Annual Membership")
3.3.2 To activate the Annual Membership, the Buyer is required to provide valid credit or debit card details. This information is essential for processing the Annual Membership once the Free Trial Period expires.
3.3.3 If the Buyer chooses the Buy For option, ArtMaster is entitled to payment of the Annual Membership price and the Buyer’s credit card will be charged the price for the Annual Membership. Upon successful payment of the Annual Membership price and the creation and verification of the Buyer's User Account, full access to all available Course(s) on the Website is granted to the Buyer and the Contract for the Annual Membership is concluded.
3.3.4 If the Buyer chooses the Free Trial option, the Free Trial Period of seven (7) days begins immediately after verification of the Buyer's User Account and providing valid credit or debit card details. During this Free Trial Period, the Buyer can fully explore and utilize the Course(s) without any charge.
3.3.5 The Buyer retains the right to cancel the Annual Membership at any time during the Free Trial Period. If the Buyer cancels before the Free Trial Period expires, no charges will be applied to the credit or debit card.
3.3.6 If the Buyer does not cancel the Annual Membership within the Free Trial Period, the Annual Membership shall be deemed confirmed upon the expiration of this period. Consequently, ArtMaster shall be entitled to payment of the Annual Membership price and the Buyer’s credit or debit card will be charged the price for the Annual Membership and the Contract for the Annual Membership shall be concluded.
3.3.7. Annual Membership auto-renews at the end of each one (1) year period unless cancelled. The Buyer may cancel his/her subscription at any time. Cancellation will take effect at the end of the current billing cycle (Annual Membership).
3.4 Lifetime Access:
3.4 To order Lifetime Access to the Course(s), the User shall click on the "Buy for § … " or a button with a similar meaning. He/she then fills in the order form, which contains in particular information about:
3.4.1 ordered Course(s);
3.4.2 the method of payment of the price of the Course(s);
(hereinafter referred to as "Order for Lifetime Access")
3.5.1 Before sending the Order, the User is entitled to check the Order and change its content and the data he/she has filled in.
3.5.2 The User undertakes to fill in the relevant text fields in the User Account or in the Order with true and complete data, in particular his/her e-mail address, telephone number, identification data and, if applicable, billing address. The User acknowledges that ArtMaster will reasonably consider the data entered by him/her to be correct and complete and is not entitled to check the data entered.
3.5.3 The User sends the order to ArtMaster by clicking on the button marked "Proceed to payment" or "Confirm order" or a button with a similar meaning.
3.5.4 The Contract between ArtMaster and the Buyer is concluded at the moment of acceptance of the payment of the price for the Annual Membership or Lifetime Access to the Course(s) .
3.5.5 The Buyer agrees to the use of remote means of communication when concluding the Contract. The costs incurred in connection with the conclusion of the Contract shall be borne solely by the Buyer, and such costs shall not differ from the basic rate.
3.5.6 All Course(s) presented within the user environment of the Website are for informational purposes only and ArtMaster is not obligated to enter into a Contract with respect to such Course(s). Provisions of Section 1732 (2) of the Civil Code shall not apply.
4.1 Upon conclusion of the Contract, the following provisions shall come into force:
4.1.1 If a Buyer selects the Lifetime Access option, he/she purchases from ArtMaster access to the Course(s) that the Buyer has selected on the Website, in the quantity that the Buyer has selected in the user environment of the Website, and the Buyer undertakes to pay ArtMaster for the Course(s) the price that is indicated for such Course(s) in the user environment of the Website.
4.1.2 If a Buyer selects the Annual Membership option, he/she purchases from ArtMaster access to all Course(s) available on the Website. This access is valid for a period of one (1) year, commencing from the date of activation of the Annual Membership and auto-renews at the end of each period unless cancelled, provided that the other conditions set out in these Terms and Conditions are met.
4.1.3 ArtMaster has the right to withdraw from the Contract for any reason or no reason until access to the Course(s) is granted to the Buyer. The legal action of ArtMaster consisting in notifying the Buyer that he/she cannot provide access to the Course(s) ordered by him/her is also considered as withdrawal from the Contract.
4.1.4 The Buyer has the right to choose from the options displayed to the Buyer in the user environment of the Website the method of payment of the price and, if applicable, other monetary benefits to ArtMaster.
4.1.5 If any of the payment methods contains information about the costs of making such payment, the Buyer is obliged to bear the costs of making such payment, which are indicated for the payment in the user environment of the Website.
4.1.8 ArtMaster will always send the Buyer a tax document - receipt in electronic form to the Buyer's email address entered during the Order to the user environment of the Website.
4.1.9 If ArtMaster provides a gift to the Buyer together with the Annual Membership or Lifetime Access to the Course(s), the gift agreement between the Buyer and ArtMaster is concluded with the condition that if the Contract is terminated (e.g. due to withdrawal from the Contract), the gift agreement shall terminate without further delay from the beginning together with the Contract and the Buyer shall be obliged to return the gift provided.
4.1.10 The Buyer is entitled to exercise the right to withdraw from the Contract and the rights arising from defective performance at ArtMaster's registered office or via e-mail at email@example.com.
Rights and obligations of ArtMaster
5.1 After fulfilling the specified conditions, in particular, after Registration and payment of the price of the Annual Membership or Lifetime Access to the Course(s), ArtMaster will allow the Buyer to access the given Course(s) through the Website in accordance with these Terms and Conditions.
5.2 ArtMaster provides the Course(s) "as is" with the understanding that it does not guarantee the unlimited availability of the Website or the Course(s). ArtMaster makes no warranties or other guarantees in this regard to the extent permitted by law. ArtMaster is not responsible for the content, quality and scope of the Course(s).
5.3 ArtMaster shall not be liable for any inability to access the Course(s) caused by the technical characteristics of the device from which the Course(s) are being accessed (whether in terms of software or hardware) or for any damage caused by the unsuitability of such device, nor for the functionality or operation of the device.
5.4 ArtMaster is entitled to change the Course(s) or the Website and its structure, sections, parts and content and scope in order to improve the Course(s) or the Website. ArtMaster may discontinue, suspend or modify any part of the Course(s) or the Website without prior notice.
5.5 ArtMaster is entitled to temporarily suspend access to the Course(s) or the Website at any time, e.g. for reasons of security, force majeure, decision of a competent authority or court, exercise of rights necessary for the operation or maintenance of the Website, without this being considered a breach of the ArtMaster's obligation. However, ArtMaster is obliged to inform the Buyer of such temporary suspension of the provision of the Course(s) or the Website, if possible in advance, otherwise within a reasonable period of time, by means of a notice published on the Website; at the same time, ArtMaster shall also notify the Buyer of the reason and the expected duration of the suspension of the provision of the Course(s) or the Website.
5.6 ArtMaster is entitled to block the Buyer's access to the Course(s) or the Website, terminate or suspend the Buyer's access to the Course(s) or the Website if the Buyer violates his/her obligations under these Terms and Conditions or if ArtMaster has reasonable grounds to suspect that the Buyer is making the Course(s) available to third parties.
5.7 ArtMaster is entitled to terminate the Contract at any time in case of breach of the Buyer's obligations by withdrawing from the Contract with immediate effect by sending an e-mail to the Buyer.
Rights and obligations of the Consumer
6.1 If ArtMaster is in default in making the Course(s) available, the Consumer may withdraw from the Contract if ArtMaster fails to perform its obligation without undue delay after the Consumer has called upon it to perform or within an additional period of time expressly agreed upon by the parties.
6.2 The Consumer may only withdraw from the Contract without an additional period of time if it is clear from ArtMaster's statement or from the circumstances that ArtMaster will not provide the Course(s) or if it is clear from the agreement of the parties or from the circumstances at the conclusion of the Contract that performance is necessary at the specified time; Section 1980 of the Civil Code shall not apply. If the Consumer withdraws from the Contract, Sections 2389n to 2389p of the Civil Code shall apply mutatis mutandis.
6.3 In particular, ArtMaster shall be liable to the Consumer that the Course(s), which by their nature are digital content:
6.3.1. correspond to the agreed description and scope, as well as to the quality, functionality, compatibility, interoperability and other agreed characteristics;
6.3.2 are suitable for the purpose for which the Consumer has requested them and to which ArtMaster has agreed; and
6.3.3 are provided with the agreed accessories and instructions for use, including installation instructions, and Consumer support.
6.4. ArtMaster shall be responsible to the Consumer that, in addition to the agreed features:
6.4.1 the digital content is fit for the purpose for which digital content of that kind is normally used, including with respect to the rights of third parties, legislation, technical standards or industry codes of practice, where there are no technical standards;
6.4.2 the digital content corresponds in scope, quality and other performance parameters, including functionality, compatibility, accessibility, continuity and security, to the usual characteristics of digital content of the same kind that a Consumer may reasonably expect, including in the light of public statements made by the ArtMaster or by another person in the same contractual chain, in particular advertising or labelling,
6.4.3 the digital content is provided with the accessories and instructions for use which the Consumer may reasonably expect; and
6.4.4 the digital content corresponds to the trial version or preview made available by the ArtMaster before the conclusion of the Contract.
6.5 ArtMaster shall not be bound by a public statement under Article 6.4.2 if it proves that it was not aware of it or that it was modified at the time of the conclusion of the Contract in at least a comparable manner to that in which it was made or that it could not have influenced the decision to conclude the Contract.
6.6 Article 6.4 shall not apply where the ArtMaster has specifically warned the Consumer before the conclusion of the Contract that a feature of the digital content is different and the Consumer has expressly agreed to this when concluding the Contract.
6.7 ArtMaster shall also be liable to the Consumer for a defect caused by an incorrect connection of the digital content to the Consumer's digital environment, which was carried out by or under the responsibility of the ArtMaster pursuant to the Contract. This applies even if the connection was made by the Consumer and the defect is due to a deficiency in the instructions provided by the ArtMaster.
6.8 The Consumer may complain of a defect that appears or occurs in the digital content during the term of the Contract. In the case of a one-off performance, he or she may complain of a defect which appears in the digital content within two years of the making available.
6.9 If the digital content is defective, the Consumer may demand its removal unless it is impossible or unreasonably costly to do so; this shall be assessed, in particular, having regard to the significance of the defect and the value that the digital content would have had without the defect.
6.10. ArtMaster shall remedy the defect within a reasonable time after the defect has been identified so as not to cause the Consumer significant inconvenience, taking into account the nature of the digital content and the purpose for which the Consumer requested it.
6.11 The Consumer may demand a reasonable discount or withdraw from the Contract if:
6.11.1 ArtMaster has not remedied the defect in accordance with section 2389l of the Civil Code or it is apparent from the ArtMaster's statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to the Consumer;
6.11.2 the defect continues to be apparent after removal; or
6.11.3 the defect is a material breach of the Contract.
6.12 A reasonable discount is determined as the difference between the value of the digital content without the defect and the defective digital content that was provided to the Consumer. If the digital content is to be provided for a certain period of time, the period for which it was provided defectively shall be taken into account; the Consumer shall be entitled to a discount even if he withdraws from the Contract.
6.13 If the Consumer withdraws from the Contract, ArtMaster may prevent the Consumer from further use of the Course(s), in particular by making the Course(s) or the User account unavailable to the Consumer.
6.14 If the Consumer withdraws from the Contract, he/she shall refrain from using the digital content, i.e. Course(s), including their provision to a third party.
6.15 Monetary sums which ArtMaster is required to deliver to the Consumer by reason of defective performance shall be returned by the ArtMaster at the ArtMaster 's own expense without undue delay, but at the latest within fourteen days of the date on which the Consumer has asserted the relevant right arising from the defective performance with the ArtMaster. In doing so, it shall use the same method as that used by the ArtMaster to pay the fee, unless the Consumer expressly agrees otherwise and no costs are incurred.
6.16 Modification of digital content. If the digital content is to be provided for a specified period of time and the change is not necessary to keep the digital content free from defects, ArtMaster may change the digital content:
6.16.1 if ArtMaster has fair reason for the change;
6.16.2 if the Consumer does not incur additional costs by the modification; and
6.16.3 if ArtMaster notifies the Consumer of the change in a clear and comprehensible manner.
6.17 Where a change under Article 6.16 impairs the Consumer's access to or use of the digital content in a non-substantial way, ArtMaster shall further notify the Consumer in text form, within a reasonable time before the change is made, of the nature of the change, the time at which it is to be made and the right to terminate the obligation under Article 6.18 or to retain the digital content unchanged under Article 6.19.
6.18 The Consumer may terminate the obligation without penalty if the change impairs his access to or use of the digital content in a non-significant way within thirty days of the date on which he was notified of the change or the date on which the digital content was changed, whichever is later. If the Consumer terminates the obligation, Sections 2389n to 2389p of the Civil Code shall apply mutatis mutandis.
6.19 Article 6.18 shall not apply if the ArtMaster allows the Consumer to refuse the change and to retain the digital content in its original form without additional cost, without prejudice to the provision of the digital content without defect.
6.20 The provisions of Section 2174b of the Civil Code shall apply mutatis mutandis in the event of a defect in the Course(s) or a delay in making them available.
7.1 Annual Membership. By paying the price of the Annual Membership, the Buyer acquires a license to existing and newly added Course(s) on the Website to the following extent:
7.1.1 solely for educational purposes;
7.1.2 the Buyer shall not modify, alter or use the Course(s) in any way contrary to the nature of the Course(s) or good morals;
7.1.3 for limited use in terms of quantity in the number of one license;
7.1.4 for the duration of the Annual Membership (definite period);
7.1.5 unrestricted from a territorial point of view;
7.1.6 for non-exclusive use - the Buyer has no right to grant a sub-license to the Course(s) to third parties;
7.1.7 The Buyer has no right to assign the license to the Course(s) to a third party.
7.2 Lifetime Access. By paying the price of the Lifetime Access to the Course(s), the Buyer acquires a license to the given Course(s) to the following extent:
7.2.1 solely for educational purposes;
7.2.2 the Buyer shall not modify, alter or use the Course(s) in any way contrary to the nature of the Course(s) or good morals;
7.2.3 for limited use in terms of quantity in the number of one license;
7.2.4 for the period during which ArtMaster holds copyright ownership of the Course(s) or for as long as the Website remains functional and operational, whichever is shorter;
7.2.5 unrestricted from a territorial point of view;
7.2.6 for non-exclusive use - the Buyer has no right to grant a sub-license to the Course(s) to third parties;
7.2.7 The Buyer has no right to assign the license to the Course(s) to a third party.
7.3 The Buyer undertakes not to exceed the scope of the license authorization set forth in Article 7 of these Terms and Conditions.
7.3 The User further agrees not to provide or otherwise make available the content of the Course(s) to third parties. The User acknowledges that by providing or otherwise making available the content of the Course(s), he/she may commit the offence of "Infringement of copyright, copyright-related rights and database rights" under Section 270 of the Act No. 40/2009 Coll., the Criminal Code, as amended, and that he/she is also obliged to compensate ArtMaster for the damage and non-pecuniary loss incurred and to pay the contractual penalty pursuant to Article 7.4 of these Terms and Conditions.
7.4 In the event that the User violates its obligation not to exceed the scope of the license authorization set forth in Article 7.3 of these Terms and Conditions, the User shall pay ArtMaster a contractual penalty in the amount of USD 1,000 (in words: one thousand US dollars). The aforementioned contractual penalty does not exclude the right of ArtMaster to claim compensation from the User for damages incurred.
Software and technical equipment requirements
8.1 In order to gain access to the Course(s), the User shall have a device and operating system that meets the following technical requirements:
8.1.1 PC with updated Windows 11, macOS Ventura, Ubuntu 22.10;
8.1.2 Smartphone or tablet with iOS 16, Android 13;
8.1.4 Internet connection of at least 3 Mbps.
8.2 Software or hardware that does not meet the requirements of Article 8.1 may be capable of being used to run the Course(s), but their compatibility or functionality is not guaranteed.
9.1 In order to be granted access to the Course(s), the Buyer must be provided with a User account by ArtMaster.
9.2 The Buyer is obliged to enter the Access Data before entering the User Account.
9.3 The Buyer's identification data entered during Registration shall be deemed to be the data also entered during the ordering of Annual Membership or Lifetime Access to the Course(s).
9.4 The Buyer shall not provide third parties with Access Data or any other access to the User Account. The Buyer shall take all reasonable measures to keep them confidential. The Buyer shall be fully liable for any unauthorized use of such Access Data or User Account and for any damage caused to ArtMaster or third parties as a result. In the event of loss, theft or other violation of the right to use these passwords, the Buyer shall immediately notify ArtMaster. ArtMaster shall provide the Buyer with new access data within a reasonable period of time.
9.5 In the case of a Registration, the conditions of Section 1752 (1) of the Civil Code are fulfilled and the ArtMaster is entitled to unilaterally change these Terms and Conditions; the change will be notified to the Buyer via the Website and/or by e-mail to the Buyer's e-mail address entered during Registration. The Buyer shall have the right to reject the changes to the Terms and Conditions within 15 days from the first login to the User Account after notification of the change to the Terms and Conditions (if delivered via the Website) or from the delivery of the e-mail message in question to the Buyer's e-mail inbox (if delivered by e-mail) and to terminate the obligation for this reason within a notice period of 15 days, which the parties agree is sufficient to procure similar performance from another supplier.
9.6 ArtMaster may cancel the User Account, in particular if the Buyer does not use his/her User Account for more than 5 years or if the Buyer violates his obligations under the Contract or these Terms and Conditions.
10.1 ArtMaster declares that access to the Course(s) is provided at a quality that can reasonably be expected taking into account their nature, purpose, and remuneration for their provision.
10.2 ArtMaster shall be liable to the Buyer that the Course(s) are provided in accordance with the Contract.
10.3 The defective performance shall be claimed by the Buyer without undue delay with ArtMaster, but no later than two years after the provision of access to the Course(s).
10.4 The Buyer may demand free of charge removal of the defect, a reasonable discount from the price and if this is not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), a demand for new performance without defects may be made. If the removal of the defect is not possible, the Buyer may demand a full refund of the price upon withdrawal from the contract.
10.5 If the Buyer has rightfully accused ArtMaster of a defect in the Course(s), the time limit for exercising rights from defective performance does not run for the period during which the Buyer is not allowed access to the Course(s).
10.6 The Buyer shall not be entitled to the right from defective performance if the defect was caused by the Buyer.
10.7 The Buyer shall inform ArtMaster of the right chosen by the Buyer when notifying the defect or without undue delay after notification of the defect. The Buyer cannot change the choice made without ArtMaster's consent; this does not apply if the Buyer has requested the removal of a defect that proves to be irremediable.
10.8 Whoever has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising that right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be claimed, the court shall not grant the right if ArtMaster argues that the right to compensation was not exercised in time.
10.9 The Buyer is entitled to complain about defects in the Course(s) to ArtMaster via e-mail at firstname.lastname@example.org. In the complaint, the Buyer is obliged to specify exactly what the defect complained consists of and also to indicate the time period during which the defect occurred.
10.10 A Buyer's complaint shall be deemed justified if the Website is down (unavailable) and the provision of access to the Course(s) is interrupted for more than 168 consecutive hours.
10.11 ArtMaster is obliged to deliver a confirmation of the claim to the Buyer. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay (a period of at least three days shall be deemed to be without undue delay), but at the earliest together with the proof of the claim settlement; the confirmation of the claim does not have to be delivered if the Buyer is able to prove the claim in another way.
10.12 If the Consumer is not satisfied with the manner in which ArtMaster has handled his/her complaint or if he/she believes that ArtMaster has violated his/her rights, he/she has the option to contact ArtMaster with a request for redress, if ArtMaster responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the Consumer has the right to file a motion to initiate an out-of-court settlement of his/her dispute pursuant to the provisions of Section 20d of the Act No. 634/1992 Coll., on Consumer Protection, as amended.
10.13 The competent body for out-of-court settlement of consumer disputes with ArtMaster is The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, electronic address www.coi.cz or another entity authorized by the Ministry of Industry and Trade and registered in the list of entities for out-of-court settlement of consumer disputes maintained by the Ministry of Industry and Trade of the Czech Republic; The consumer has the right to choose which of the above-mentioned entities for out-of-court settlement of consumer disputes to contact.
10.14 The consumer can use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ to submit a proposal for out-of-court settlement of their dispute.
Other rights and obligations of the parties
11.1 ArtMaster is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
11.2 The Contract is concluded in English.
11.3 The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
Personal data protection
12.1 ArtMaster is legally obliged to protect and secure the personal data provided. Therefore, ArtMaster uses various effective security technologies to protect personal data from unauthorized disclosure or use.
Use of the Website
13.1 ArtMaster hereby grants the User a non-exclusive license to use the Website in the manner provided for in these Terms and Conditions.
13.2 ArtMaster has the right to change the Website, i.e. its technical design and/or user interface.
13.3 ArtMaster has the right to limit or interrupt the functionality of the Website or access to it for a period of time necessary for maintenance or repair of the Website or for any other reason on the part of ArtMaster or a third party.
13.4 The User is obliged to comply with the applicable and effective legal regulations when using the Website. of the Czech Republic, European Union and United States of America. The User is obliged to compensate ArtMaster or third parties in full for any damages incurred in this way.
13.5 In the event of a breach of these Terms and Conditions or the Contract or applicable and effective legislation, ArtMaster has the right to cancel the User Account.
13.6 The User acknowledges and agrees that the Website contains content or features that are protected by copyright, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ArtMaster, the User agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Course(s), in whole or in part.
13.7 In connection with User’s use of the Website he/she shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
13.8 Any use of the Website or the Course(s) other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website or distributed in connection therewith are the property of ArtMaster, its affiliates and its partners (hereinafter referred to as “Software”). The User shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ArtMaster.
13.9 ArtMaster name and logos are trademarks and service marks of ArtMaster. Nothing in this Terms and Conditions or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ArtMaster trademarks displayed on the Website, without ArtMaster’s prior written permission in each instance
14.1 ArtMaster respects the intellectual property of others. If you believe in good faith that any materials on the Sites infringe upon your copyrights, please send the following information to email@example.com:
14.1.1 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
14.1.2 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
14.1.3 Your address, telephone number, and email address;
14.1.4 A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
14.1.5 a statement by you, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;
14.1.6 a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest
Applicable law and choice of forum
15.1 These Terms and Conditions and/or Contracts, and all claims or defenses based on, arising out of, or related to these Terms and Conditions and/or Contracts of the relationship of the Parties created hereby, including without limitation those arising from or related to the negotiation, execution, performance, or breach of these Terms and Conditions and/or Contracts, whether sounding in contract, tort, law, equity, or otherwise, shall be governed by, and enforced in accordance with, the internal laws of the Czech Republic including its statute of limitations, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction.
15.2 Any disputes arising out of or related to these Terms and Conditions and/or Contracts or any other aspect of the Parties' relationship shall be heard only in the courts of the Czech Republic to the exclusion of all other courts and fora. The Parties irrevocably consent to the jurisdiction of, and venue in, such courts and waive any objection that such courts are an inconvenient forum.
15.3 These Terms and Conditions shall come into force on the 12th of Dec 2023.