I. Krzysztof Kowalski’s Online Watercolor School
II. Krzysztof Kowalski’s Shop
I. Krzysztof Kowalski’s Online Watercolor School
By clicking “Sign up” or any other phrase on the purchase button, entering your PayPal account data or credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you the (“School Member”) agree to be provided with products, programs, or services as part of Krzysztof Kowalski’s Online Watercolor School website (“Membership”) operated by Krzysztof Kowalski (“Owner”), acting on behalf of Krzysztof Kowalski (“Company”), and you are entering into a legally binding agreement with Krzysztof Kowalski, subject to the following terms:
1. Terms of Membership
1.1. Upon purchase and execution of this Agreement, the School Member will be provided with the following content and/or services as detailed on Watercolor School page (“the Website”) and selected prior to purchase for their own personal, non-commercial use. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to newsletters and emails, video tutorials, reference photos, material lists, private Facebook group and any other content from Krzysztof Kowalski’s Online School.
1.2. The School Members are not guaranteed direct feedback on any paintings or comments they post to the School website from Krzysztof Kowalski.
1.3. Krzysztof Kowalski reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
1.4. Krzysztof Kowalski may from time to time offer extra Services to School Members for an additional fee.
1.5. School Members will have access to Krzysztof Kowalski’s Online Watercolor School for the duration of their current subscription, whether that be on a monthly; 6 monthly or annual basis.
1.6. Krzysztof Kowalski reserves the right to cancel or terminate a School Member’s use of and access to the Website without prior notice if they do not comply with my Terms of Purchase.
1.7. At any point, should Krzysztof Kowalski be terminating Krzysztof Kowalski’s Online Watercolor School, the School Member will be given at least sixty (60) days notice.
1.8. School Members have the option to cancel their membership at any time in writing via email to Krzysztof Kowalski, via the Krzysztof Kowalski’s Online Watercolor School website contact form, or via School Member’s membership account. Cancellation will take effect at the next billing cycle.
2. Intellectual Property Rights
2.1. 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.
2.2. 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).
2.3. 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.
2.4. Students can reproduce their own paintings provided the reproduction is for their own non-commercial use (for instance they can print it onto a birthday card sent to friends and family) however, they must credit Krzysztof Kowalski along with the reproduction.
2.5. 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).
2.6. 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 a free reference photos: ‘Painting produced using a photograph provided by Krzysztof Kowalski – www.esperoart.com’.
3. Payment and Refound Policy
3.1. Upon execution of this Agreement, the School Member agrees to pay to Krzysztof Kowalski the purchase amount as stated on the Krzysztof Kowalski’s Online Watercolor School, or via a sales promotion.
3.2. The School Member agrees to provide us with true, accurate and complete information as required by the sign-up process (“Subscription Data”), including their legal name, address, telephone number, email address and applicable billing information.
3.3. The School Member agrees to maintain and promptly update the Subscription Data and any other information provided to us. If the School Member provides any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate the School Member’s subscription, and if applicable, their user account, and refuse any and all current or future use and/or access by the School Member to the Website.
3.4. With their initial payment the School Member commits to either a one (1) month term to the Membership; a six (6) month term or an annual term dependent on the subscription chosen by the School Member.
3.5. After the initial one (1) month term; six (6) month or annual term, the School Member will then automatically be charged payment according to their selected payment plan: every thirty (30) days, every six (6) months, or every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.
3.6. Credit Card Authorisation. Each party hereto acknowledges that Krzysztof Kowalski will charge the credit card or PayPal account chosen by the School Member on the date of renewal and for the amounts specified upon purchase.
3.7. In the event the School Member fails to make any of the payments as outlined above, Krzysztof Kowalski has the right to immediately disallow services and benefits of the School Membership until payment is paid in full.
3.8. The School member agrees not to assign, transfer or sublicense their rights as a subscriber.
3.9. Krzysztof Kowalski reserves the right to increase fees, or to institute new fees at any time, upon advanced notice communicated to the School Member via email.
3.10. If the School Member is not entirely happy with what’s on offer in Krzysztof Kowalski’s Online Watercolor School website and would like a refund, they are to let Krzysztof Kowalski know within 7 days of their purchase and they will be refunded. Refunds after 7 days are at the discretion of Krzysztof Kowalski.
4.1. By participating in the Membership, the School Member acknowledges that Krzysztof Kowalski makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership. By participating in this Membership, the School Member acknowledges that Krzysztof Kowalski does not warrant the accuracy of any information provided, is not liable for any losses the School Member may suffer by relying on modules, content, videos, services, or products.
4.2. Any testimonials or examples shown through the esperoart.com website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. The School Member acknowledges that Krzysztof Kowalski has not and does not make any representations as to success of any kind that may be derived as a result of use of its video tutorials, products or Services.
4.3. Krzysztof Kowalski may provide the School Member with information relating to products that he believes might benefit the School Member. Krzysztof Kowalski is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. Krzysztof Kowalski may provide the School Member with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. Krzysztof Kowalski may be involved in affiliate relationships with certain third-parties for such recommendations and will inform the School Member when this is the case. The School Member agrees that these are only recommendations and Krzysztof Kowalski will not be held liable for the services provided by any third-party to the School Member.
5. Intellectual Property Rights
5.1. In respect of the Material specifically created for the School Member as part of this Membership, including video tutorials, videos, documents, or other content (known collectively as the “Material”), Krzysztof Kowalski maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Krzysztof Kowalski to the School Member, nor grant any right or license other than those stated in this Agreement.
5.2. Krzysztof Kowalski maintains the copyright of the reference photos provided in order to accomplish a project, unless otherwise stated. Some of the reference photos may come from other photographers and are under CCo Creative Commons licence. The source of the photographs under CC0 Creative Commons licence may include Pixabay website, Paint My Photo and other websites where the photo owners give right to use their photos as a reference for the art purposes.
5.3. The School Member may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the esperoart.com website, content or intellectual property, in whole or in part without my prior written consent. Any unauthorised copying, reverse engineering, redistribution, reproduction, publication or modification of the website content by any person without Krzysztof Kowalski’s prior written authorisation is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
6. Limitation of Liability
6.1. By using Krzysztof Kowalski’s Services and purchasing this Membership, the School Member accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The School Member agrees that Krzysztof Kowalski will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. The School Member agrees that use of this Membership is at user’s own risk.
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to firstname.lastname@example.org.
8. Entire Agreement
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
II. Krzysztof Kowalski’s Shop
1.1. The payment in the Shop is made by PayPal account. This also allows for payment via Visa, Mastercard & American Express credit cards. All credit cards used for payment must have a valid billing address.
1.2. All orders are encrypted with Secure Sockets Layer (SSL) technology on both your end and mine. SSL encrypts all of your personal information including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. In order for SSL to work, you must use an SSL-enabled browser.
2. Shipping and Returns
2.1. When you place an order you will receive a confirmation email and then a second email when your order is dispatched. You can contact us anytime via the Contact page to check its status.
2.2. All orders are sent as soon as possible, at the latest within 2 weeks. This time is given to Krzysztof Kowalski especially when the ordered item is a giclée print. These prints are often printed to order. Prints are made by the Savel – Authorized Digigraphie Laboratory, then sent to Krzysztof. Krzysztof personally checks the quality and then sends the item to the customer. If you need the print earlier, please let me know and I’ll hurry things along!
2.3. We use a flat rate for shipping, which is $15 for International shipping and $10 for local shipping. Some countries may charge customs and duties for your parcel. You are responsible for these customs and duties charges.
2.4. We use Poczta Polska – postal service company, including the Special Delivery and International Signed-For service that require a signature on delivery. Shipped item always has an assigned tracking number. The status of the parcel can be checked at Poczta Polska website.
2.5. We want you to be totally satisfied with your purchase. If you’re not, for whatever reason, just let us know within 7 days of receiving it. You can then return it to us using the original packaging and, once we receive it back safe and sound, we will refund you in full for the purchased item (less P&P), or you can choose another piece to replace it.
Updated January 3rd 2019