Terms of Usage & Service

Welcome to HOBITUTE’s services at www.onlinepaintingclasses.com. Please review these Terms of Usage and Service.

Acceptance of Terms

In order to be a member of HOBITUTE, you must read and accept all of the terms of this agreement and the privacy policy. You should not use services of HOBITUTE if you do not agree to be bound by these terms of service.

You understand that HOBITUTE can change the terms of service or the privacy policy by posting changes to this Website. Your ongoing use of HOBITUTE indicates that you accept any changes to the Terms of Service Agreement. We reserve the right to change or terminate HOBITUTE for any reason, and without notice, without liability to you, any other user, or any third party.

Description of Service

The HOBITUTE Service provides you access to a number of educational tools that foster learning and networking in the area of art. The tools enable you to subscribe to a course, create and send messages, post discussions, comment, and reviews, provide and receive recommendations, take, and purchase services by HOBITUTE in an online marketplace. Any tools or features added to HOBITUTE shall be subject to the terms of this agreement. You may not reproduce, duplicate, copy, sell, or resell any part of the Service.

Registration

You understand and agree to the following:

  • You must use a valid e-mail address and create a username during the registration process.
  • You are responsible for all uses of your account. You must keep your password confidential. We may refuse, at our sole discretion, to allow you to register a username that is trademarked, inappropriate, or impersonates another individual.
  • You agree to let HOBITUTE immediately know of any unauthorized use of your account.
  • You understand and agree that HOBITUTE does not control, verify or endorse links, communities, forums, chat, events, or messages, unless explicitly stated. Any links that take users out of HOBITUTE are not under the control of HOBITUTE, so HOBITUTE is not responsible for any of the content, functions, services, or links of third party sites.
  • When registering with HOBITUTE, you must provide, and maintain, accurate, current, and complete information about yourself.
  • HOBITUTE reserves the right to refuse the Service to any user.

HOBITUTE Privacy Policy

Please review our privacy policy to better understand how we treat personal information, which is incorporated it its entirety into these Terms by this reference.

User Behaviour

You are fully responsible for your behavior at HOBITUTE’s site www.onlinepaintingclasses.com, which includes the way that you utilize any aspect of the HOBITUTE service.

  • You are completely and solely responsible for the content you post on HOBITUTE, which includes, but is not limited to photos, messages, chat, e-portfolios, course posts, podcasts, wiki entries, blogs, events, audio and video clips, and reviews.

    Unauthorized or illegal contents or illegal activities includes, but is not limited to:

    • The display of abusive, harmful, racially or religiously offensive or bigoted, obscene, or libelous material
    • The use of flaming or trolling
    • Distributing the course contents without Hobitute’s permission.
    • Projecting or showing the contents to public or anyone for monetary gains without Hobitute’s permission.
    • The display of material that encourages criminal behaviour that violates any local, state, national, or international law or regulation.
    • The use of the service for unauthorized advertising, which includes MLM/pyramid schemes, spam, chain letters, sweepstakes, or contests.
    • The transmission of viruses, worms, or Trojan horses to destroy or limit any functionality of the software or hardware of HOBITUTE and its users.
    • The display of information about another person without their express consent, or the posting of any copyrighted material that you do not have legal authorization to use.
  • You agree and understand that HOBITUTE can delete any content that is offensive, illegal, harmful, or in violation of the rights of other users and members.
  • Any member who demonstrably harasses or abuses another member will be removed from HOBITUTE.
  • Other unauthorized or illegal behaviours include, but are not limited to:

    • The display of false information about yourself or anyone else
    • Changing, in any manner at all, or reverse engineering any aspect of HOBITUTE. You may not attempt to derive source code from the HOBITUTE service.
    • The use of any search/retrieval application (e.g., robot, spider) to index any aspect of HOBITUTE
    • The posting of information that implicitly or explicitly implies that it is endorsed by HOBITUTE
  • You agree to comply with all applicable laws with respect to:

    • Any gathering, disclosure, use, or collection of Personal Data (as that term is defined in the HOBITUTE Privacy Policy)
  • You agree to comply with all aspects of the HOBITUTE Privacy Policy. You will not harvest emails courses, learning management systems, or any place on the HOBITUTE platform, and you will only use email in accordance with these Terms of Service and Privacy Policy.

Copyright Infringement

HOBITUTE respects copyright and other laws. HOBITUTE requires all users to comply with copyright and other laws. You may purchase and download content only for your own personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, post or create derivative works of the material. You are responsible for your behaviour on HOBITUTE’ intellectual property and for making sure that it does not violate any copyright laws. If you violate copyright laws, then you may be exposed to civil and criminal liability, including possible fines and jail term.

Trademarks and Proprietary Rights

HOBITUTE graphics, logos, designs, page headers, scripts and service names are registered trademarks.

You agree to protect company proprietary information. You recognize that the Service and software used in connection with the Service is protected by intellectual property and other laws. You acknowledge that disclosing or utilizing HOBITUTE’s proprietary information in any way inconsistent with these Terms of Service will cause damage and we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.

General Disclaimer

HOBITUTE connects educators, academic institutions, and businesses with learners. We do not hire, vet, provide background checks, or employ educators, schools, and or businesses using HOBITUTE. We are not responsible for any interactions, services, or problems that educators, academic institutions, organizations, or businesses have with learners/clients. We are not liable for any damage of any kind – including, losses, claims, injuries, or disputes – that might relate to the conduct of educators, schools, or businesses using the HOBITUTE service.

Fees, Duration of Courses, and Taxes

If you purchase courses, levels from HOBITUTE, then you will be responsible to pay the fee associated with those services and any applicable taxes. We may raise or lower this rate at our sole discretion. Courses you receive through downloads or any other means as devised by Hobitute is designed to work in your computer for a limited duration (say, 2 years). Hobitute will not be responsible for releasing a fresh license or transferring a license of the course based on your claim that your computer is broken or not working.

Hobitute has no control over the Payment Gateway. This is being operated by reputed Banks or organizations. If you find an issue within payment gateway, we should not be held liable for the same.

Technology and Compatibility

Hobitute will not entertain any claims, if the courses are not working in a particular operating system or in a device. As technology keeps changing, Hobitute try to implement innovative products. However, we are not liable to do so. It is your responsibility to check the system requirements.

Learner Requirements

If you purchase educational services from Hobitute then you are required to:

  • Pay for all services through the HOBITUTE payment system.
  • Be professional in all communication and abstain from communicating or posting any offensive, sexist, sex-related, false, racist, or hateful content.
  • Be honest in your evaluation/reviews of other educators, academic institutions, and businesses.
  • Respond to educators in a timely manner.
  • Abstain from harvesting emails, posting spam, or distributing viruses.
  • Get legal guardian consent before using the Service if you are under the age of 18.
  • Not solicit personal information from any educator (whether operating as an independent contractor/contact or working through an outside business, school, or organization) and report to us in phone and writing if any educator tries to gather personal information from you or attempts to meet you in an offline meeting.
  • Downloads of course content videos are allowed to only single computer to avoid piracy.
  • Downloaded course modules will expire based on the license issued to you. For more information you may contact contactus@hobitute.com.

Deactivation/Termination of Your Account

You can request to deactivate, or terminate your account at any time and for any reason. HOBITUTE can also deactivate, or terminate, your account at any time and for any reason. We also reserve the right to use any means (legal, operational, or technological) available to enforce these Terms of Service. Once deactivation occurs, your rights to the HOBITUTE platform and Service will cease to exist. HOBITUTE will have no obligations to delete your account or refund any fees paid for Subscriptions for any courses. The following provisions and licenses will survive termination of these Terms of Service:

Licenses from You, Licenses to Content, Content and Interaction, User Behaviour, Your Warranties, Limitations of Liability, and Indemnity.

Advertiser Links and Hyperlinks to Third Party Sites

Courses and learning management systems on the HOBITUTE platform and Service may contain links to third party Websites. HOBITUTE is not responsible for and does not control any information, products, or services on these third party websites. You agree to assume sole responsibility for your use of third party sites. You may communicate with, be directed to, and/or obtain services/goods from third parties (known as “Advertisers”) such as advertisers, promotional partners, sponsoring organizations through Course or learning management system use. All interaction is solely between you and the third party. HOBITUTE will not be responsible or liable in any way in connection with these activities or transactions. Users regularly post third party links and hyperlinks. HOBITUTE does not endorse nor does it incur any obligation, responsibility, or liability on the part of HOBITUTE, its successors and assigns, or any of their respective officers, directors, employees, agents, representatives, licensors, licensees, Advertisers, suppliers, and operational service providers.

Warranties

You warrant and represent to HOBITUTE that you are:

  • Not a minor and you have the legal right and ability to enter into this agreement and abide by these Terms of Service, or;
  • If you are between the ages of 5 and 17 that you have parental consent and agreement to use the HOBITUTE Service;
  • You hold and will continue to hold all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform your obligations under this Agreement.

Limitations of Liability

HOBITUTE and its affiliates, partners, and consultants disclaim any and all responsibility or liability for the content, completeness, accuracy, legality, reliability, or availability of information or materials displayed on HOBITUTE. You agree that the use of the Service and anything thing that you download from HOBITUTE is at your sole risk, discretion, and responsibility. You will be wholly responsible for any damage to your computer system that results from your use of the Service or the downloading of information. HOBITUTE disclaims any and all responsibility and liability for the conduct of any member. HOBITUTE will not be held liable for any interactions you have with other individuals or organizations through the Service. You agree that HOBITUTE is not responsible for any damage or loss that occurs as a result of such interactions and that HOBITUTE has no obligation to become involved in any such disputes; further, you release HOBITUTE from damages of any kind that arise from such disputes. HOBITUTE offers all of its service on an “as is” basis, with no warranties whatsoever. HOBITUTE expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. All features and functions in HOBITUTE are made available on an “as is” basis. If you are unhappy with any aspect of the HOBITUTE service, or disagree with any aspect of these Terms of Service, then your best decision is to discontinue use of the HOBITUTE service. You also understand that HOBITUTE may be limited and some features and functions may not work.

Indemnity

You agree, at your expense, to indemnify, defend and hold HOBITUTE harmless from and against any loss, cost, damages, liability and/or expense arising out of or relating to:

  • Third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the service,
  • Any fraud or manipulation, or other breach of this agreement by you, or
  • Third party claims, actions or allegations brought against HOBITUTE arising out of your use of the service or software,
  • Any breach/violation of these Terms of Service,
  • The misuse or criminal, or theft of, your email or password,
  • The disclosure of your password or email address,
  • Your consent to let someone else uses your email address or password.

Termination

HOBITUTE can refuse signing up, registration, or membership to any User at its sole discretion. In addition, HOBITUTE can terminate the account and delete any related information of any member at any time for any reason. You agree and understand that you can terminate your membership at any time for any reason. If HOBITUTE terminates your membership, then you can no longer use the HOBITUTE service or the services of any of its affiliates.

Other Terms

This Terms of Service Agreement is governed in all respects by the laws of the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Bangalore Karnataka, India in all disputes arising out of or relating to the use of the sites and you agree to and consent to the exclusive jurisdiction of such courts. If any aspect of this agreement is deemed invalid, then the remaining provisions shall still be enforced. You may not transfer this agreement and any attempt to the contrary is void. HOBITUTE is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond HOBITUTE’s reasonable control. Any correspondence about this agreement will be sent to you via the email that you provided during registration.

International Use

If you are not a resident of the India, then you agree to follow all applicable laws and local rules regarding the transmission of data from the country in which you live.

We hope that you enjoy your use of HOBITUTE. These Terms of Service are necessary and allow us to offer this Service to you – our valued user.

Dispute resolution

All correspondence to Hobitute should be addressed to the official address given in this document. This agreement is subject to the laws of the State of Karnataka, India. Buyer agrees to waive questions of jurisdiction and venue and agrees that all disputes shall be in the courts of Bangalore, Karnataka, India.

Official correspondence must be sent through post or through email correspondence to:

Hobitute Art and Media Services Pvt Ltd
No. 39/4, 2nd Floor, “Shivas”,
Next to Samsung India Software HQ,
Doddanekundi Circle, Outer Ring Road,
Marathahalli (PO), Bangalore – 560037
India
Ph: +91-80-65356566,
Mob: +91-8050069036
Email: - contactus@hobitute.com

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