By visiting https://www.esperoart.com you are consenting to our Terms and Conditions.
By using https://www.esperoart.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “our” and “us” refer to Krzysztof Kowalski (the “Company”), owner of https://www.esperoart.com. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
2. Modification and Severability
3. Site use
3.1. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
3.2. In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
3.3. You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes 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.
All content included on the Site, unless otherwise stated, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Krzysztof Kowalski. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the Site that is not the property of Krzysztof Kowalski is used with permission. The arrangement of all content on the Site are the exclusive property of Krzysztof Kowalski and is protected by international copyright laws.
6. Karma-Balancing Act (aka Avoiding Copyright Infringement)
Here's the deal: I'm not a policeman, and I'm not going to chase anyone down. You're free to sell your paintings based on my tutorials, create postcards, greeting cards, art prints, and sell them. You can also display your paintings in exhibitions, festivals, etc. (Though I'd advise against entering competitions, as most don't allow paintings based on someone else's tutorials). In general, do whatever you like. Ultimately, it's your painting.
My only request is that whenever possible, you mention my name somewhere or talk about my school to your friends, quietly spread the word to your fellow artists. You know, the power of gossip. An exchange of energy. I'd appreciate it if you could help spread the word about my tutorials. That's all I ask, and you're free to do whatever you want with your creations 🌼
I believe in harmony, balance, and karma. Personally, I wouldn't have a clear conscience if I painted something based on someone else's tutorial and claimed it as entirely my own. But that's just me. You're free to do whatever you like. If you feel like mentioning my name somewhere, go ahead. If not, no worries (I'll find you later... Just kidding!). Life is too short to worry about it 🌷
I'll add a little comment here. Mentioning my name somewhere doesn't mean that you have to place my name under your displayed painting and write that it's based on my tutorial. Or when you create postcards or prints, you have to write on the back that it's based on my tutorials. No, no. It just means that if you have a chance somewhere in the future, you mention my name. For example, someone asks on Facebook: "Do you know any nice tutorials about watercolors?" - and then you recommend my tutorials. That's all. Nothing more. Karma is cleared and balanced. We're good 🌷🍀😊
You can mention me as @esperoart, #esperoart, or Krzysztof Kowalski Watercolors.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
8. Release of Claims
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
9. Online Commerce
9.1. Certain sections of the Site or its Content may allow you to make purchases from us. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
9.2. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
If you have any questions or concerns regarding these Terms and Conditions, please email: email@example.com.
Last updated on February 18th, 2024.