Terms and Conditions2018-08-16T23:52:09+00:00

By visiting https://esperoart.com you are consenting to our Terms and Conditions.

1. Overview

By using https://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://esperoart.com. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

2. Modification and Severability

We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

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.

4. Copyright

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.

5. Avoiding Copyright Infringement

5.1. The paintings students produce as a result of taking Krzysztof Kowalski’s video tutorials or based on Krzysztof’s free reference photos are considered legally to be ‘Derivative Works’ and as such the copyright remains with Krzysztof Kowalski and any other photographer whose work has been used for these.

5.2. Students may share photographs/scans of the paintings they create based on Krzysztof’s video tutorials and free reference photos online but they must always credit Krzysztof Kowalski whenever the work is displayed (including online).

5.3. Students may sell the physical paintings they create based on Krzysztof’s video tutorials and free reference photos (for instance in a local art exhibition) but they must always credit Krzysztof Kowalski whenever the work is displayed for sale.

5.4. Students can reproduce their own paintings provided the reproduction is for their own non-commercial use (for instance they can print it onto a Christmas card sent to friends and family) however, they must credit Krzysztof Kowalski along with the reproduction.

5.5. Students may not reproduce their own versions of these paintings for commercial use (for instance as an illustration or onto greetings cards they intend to sell).

5.6. Students should use the following wording to credit Krzysztof Kowalski:

  • For a painting completed via a video tutorial: ‘Painting based on a tutorial by Krzysztof Kowalski – www.esperoart.com’.
  • For a painting completed via free reference photos: ‘Painting produced using a photograph provided by Krzysztof Kowalski – www.esperoart.com’.

6. Indemnification

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.

7. 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.

8. Online Commerce

8.1. 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.

8.2. 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: esperoart@gmail.com.

Updated August 16th 2018.