ART PROF TERMS OF SERVICE
Effective May 4, 2021
Welcome to ART PROF!
ART PROF provides online educational content to teach visual arts to hobbyists, art students, art teachers, school districts, colleges, and professional artists. Our content includes video tutorials, discussions, live streams, lesson plans, and interactive critiques. Our services include consultations and critiques regarding professional development for artists and teachers, support for maintaining an active studio practice as an artist, and college admissions advising.
These Terms of Service (Terms) govern your relationship with Art Prof Projects, LLC, the owner and operator of ART PROF, including your use of this website, our services, videos, and content. By using ART PROF, you agree to these Terms. If you do not agree to any of the Terms, you will not be able to use ART PROF. Your use of ART PROF is non-exclusive and non-transferable. Additionally, we may change these Terms at any time. If we make a change that will materially affect your use of this website, we will inform you in writing prior to that change taking place.
ART PROF is available to all users and can be used anywhere in the world where this website is accessible.
Please note that ART PROF videos are routinely uploaded and shared via YouTube, Facebook, Instagram, Twitter, and other social media platforms. These Terms apply only to the ART PROF website and not to any other social media platform. To the greatest extent possible, we will credit users who submit their work to ART PROF on these social media outlets and enforce our promises regarding ownership and sale of the work (see below).
Intellectual Property Rights
All content included on this site that originated from ART PROF, such as text, graphics, logos, icons, images, audio and video clips, full videos, and digital downloads, is the property of ART PROF or its content providers and is protected by U.S. copyright laws. You may not use any of this material without the express written permission of ART PROF.
ALL CONTENT FEATURED ON THIS SITE THAT ORIGINATED FROM YOU, THE USER, SUCH AS SKETCHES, DRAWINGS, PAINTINGS, SCULPTURES, OR OTHER WORKS OF ART (ARTWORK), AND WAS SUBMITTED TO BE INCLUDED IN A LESSON, INSTRUCTION, VIDEO, OR OTHER ART PROF PROGRAM IS OWNED ENTIRELY BY YOU. When you submit your Artwork for this purpose, you agree to grant ART PROF a non-exclusive, irrevocable, perpetual, and worldwide license to display and show your Artwork for the purpose of instruction. We do not lay claim to ownership of your Artwork in any capacity or for any reason and will only use it for the purpose of instruction on this website or other ART PROF social media streams, such as YouTube, Facebook, Instagram, Twitter, and others.
For users who submit Artwork as part of a private critique or lesson, your Artwork will not be displayed or used on this site or in ART PROF’s videos or social media streams in any capacity without your express written permission.
Sale and License of Artwork
At ART PROF, we are in the business of teaching artists, not acquiring rights to their work. For that reason, ART PROF DOES NOT OWN OR LAY CLAIM TO OWNERSHIP RIGHTS IN ANY ARTWORK SUBMITTED BY USERS. ART PROF WILL NOT, UNDER ANY CIRCUMSTANCES, IN ANY CAPACITY, AND FOR ANY REASON, SELL, LICENSE, TRANSFER, BEQUEATH, OR CONVEY YOUR ARTWORK TO ANYONE, EITHER NOW OR IN THE FUTURE. Furthermore, ART PROF will not manipulate your Artwork except as minimally necessary to prepare it for broadcast in its videos (if that is the purpose you submitted it for). Your Artwork is entirely your own to exploit however you see fit. The only uses ART PROF has in your work are those described above.
ART PROF will credit you as the artist for any Artwork you submit to ART PROF, so please provide your preferred name, nickname, or artist identity at the time of submission. If you would like to remain anonymous, please indicate so. We cannot display your work without knowing who you are and how to get in touch with you, so please also provide an email address that you check regularly. When you submit your Artwork to ART PROF, you represent and warrant that the Artwork was created by you, is original to you, does not infringe the rights of any other parties, and that you have the right to submit the Artwork to us.
Submission of Artwork
You may submit your Artwork to ART PROF at any time, however because ART PROF is an educational platform, we want to keep it clean so that everyone can enjoy our services. That’s why you may not submit any Artwork to us that contains or glorifies the following:
- Invasion of privacy
- Excessive violence
Additionally, you Artwork may not glorify or incentivize law breaking and it may not be plagiarized, duplicated, copied, or derivative of previously existing works. Any Artwork you submit to us that contains anything we find objectionable will not be used in our videos and will not be subject to individual critique or instruction.
You will receive one (1) written warning via email for each objectionable work you submit to ART PROF. Upon receiving three (3) written warnings via email, you will be banned from submitting further works to ART PROF and may have your license to use the website revoked. If we discover that Artwork you submitted has plagiarized, copied, or otherwise infringed the work of another, you will receive only one (1) written warning via email before your right to use our site is revoked.
ART PROF reserves the right to remove any Artwork from this site that violates these Terms for any reason, including those works which we previously approved for use on the website. We will inform you in writing if your Artwork is removed. If you believe your Artwork was refused or banned in error, please contact us in writing to make the case why it shouldn’t have been. All determinations about what Artwork is and isn’t acceptable, however, will be in ART PROF’s sole and final discretion.
ART PROF’s Content and Services
We reserve all rights in ART PROF’s look, feel, and design. You may not copy or adapt any portion of our code or visual design elements without our express written permission unless otherwise permitted by law.
You may not do any of the following:
- Access or tamper with non-public areas of the site, our computer systems, or the systems of our technical providers;
- Access or search the site by any means other than the currently available, published interfaces (e.g., APIs) that we provide;
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the site to send altered, deceptive, or false source-identifying information;
- Scrape the site for any reason; or
- Interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the site, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the site.
We may change, terminate, or restrict access to any aspect of our service, at any time, without notice.
If you discover a security vulnerability on ART PROF, please tell us as soon as possible so that we can fix it.
The Digital Millennium Copyright Act (DMCA) is a law passed in 1998 that is designed to regulate the way Internet Service Providers respond to allegations of copyright infringement. If you believe that an ART PROF user has violated your copyright, you may submit a notice of alleged copyright infringement directly to us. You will need to provide us with the following information:
- A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed (e.g., a copy of or link to your original work or clear description of the materials allegedly being infringed upon);
- Identification of the infringing material and information reasonably sufficient to permit ART PROF to locate the material on our website or services (e.g., a link to the infringing post)
- Your contact information, including your address, telephone number, and an email address;
- A statement that you have a good-faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You can report alleged copyright infringement by emailing the above information to .
You can also mail a copyright notice to:
Art Prof Projects, LLC
P.O. Box 520741
Salt Lake City, UT 84108
We process copyright notices in the order they are received. Within ten (10) business days of receiving your notice, we will respond letting you know we received it. Please do not submit duplicate DMCA notifications to us.
Our response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material from ART PROF. If we remove or restrict access to user content in response to a notice of alleged infringement, we will make a good-faith effort to contact the affected user and provide information concerning the removal or restriction of access, including a copy of the takedown notice, along with instructions for filing a counter-notification. Where appropriate, we may even suspend and warn repeat violators.
If you are unsure whether you own the copyright in a particular work, please consult an attorney before sending us a copyright notice. We are not your attorney and cannot provide legal counsel in this matter.
Additionally, under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users if you knowingly materially misrepresent that material or activity on ART PROF is infringing.
If you are an ART PROF user and you receive a DMCA notification from us, it means that the content described in the notice has been removed from ART PROF or access to that content on ART PROF has been restricted. Please carefully read our notice to you, which includes information about the notification we received as well as instructions on how to file a counter-notice.
If you received a DMCA notification about your material from us and believe that material was misidentified or removed in error, you should file a counter-notice by following the instructions below. DO NOT simply resubmit the same material to ART PROF that was removed in response to a DMCA notification. To submit a counter-notice, please provide us with the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which ART PROF may be found, and that you will accept service of process from the person who provided the copyright notification or an agent of such person.
When we receive a valid counter-notice, we will promptly forward a copy to the person who filed the original notification. If we do not receive notice within ten (10) business days that the original reporter is seeking a court order to prevent further infringement of the material, we may replace or cease disabling access to the material that was removed.
Please think carefully before submitting a claim or counter-notice, especially if you are not sure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial penalties for fraudulent and/or bad-faith claims. Please make sure you are the actual rights holder, or you have a good-faith belief that the material was removed in error, and that you understand the repercussions of submitting a false claim.
Our goal at ART PROF is to acquire as little personal information about you as possible while still collecting enough to optimize the site to give you the best possible experience. We will collect your name (so we can credit you as the artist), your email address (so we can communicate with you), and your location. We will not share any of your personal information with other users except for your name in any videos ART PROF produces.
Aside from the limited amount of personal data, we may collect other information to gauge user activity and to ensure that the site is functioning properly. This information is used solely to provide, test, improve, promote the site, fight spam and other forms of abuse, and generate aggregate/ non-identifying information about how people use the site. None of this information is shared with or sold or licensed to any other parties or users in any capacity or for any reasons.
Here is the data we may collect from you:
- Page view data (including how much of a given page and for how long), your use of product features, records of those interactions, and referral information (how you got to a particular page).
- Information about your internet device such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
- Information about operations and behaviors performed on your device, such as whether a window is foregrounded or backgrounded, or mouse movements (to help distinguish humans from bots), as well as information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
- Information about your device signals, such as Bluetooth and WiFi signals.
- Information about your network and connections such as the name of your ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.
Any data we collect will be stored in the cloud and encrypted to protect data transmitted to and from our site. However, please understand that no data transmission over the Internet is 100% secure, so we cannot guarantee security. You use the site at your own risk, and you’re responsible for taking reasonable measures to secure your personal privacy.
ART PROF is hosted in the United States. By using the site, you authorize ART PROF to transfer, store, and use your information in the United States and any other country where we operate.
Consumer Privacy for California Users
If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable California state privacy laws. Beginning January 1, 2020, the CCPA gives you certain rights with respect to the processing of your personal data (known as “personal information,” as described in the CCPA).
This section provides additional privacy disclosures and informs you of key additional rights as a California resident:
Right to Know Request: Under the CCPA, you have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information:
- Categories of and specific pieces of personal information we have collected about you.
- Categories of sources from which we collect personal information.
- Purposes for collecting, using, or selling personal information.
- Categories of third parties with which we share personal information.
- Categories of personal information disclosed about you for a business purpose.
- If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.
To make a verifiable request for information about the personal information we have collected about you, please submit your request in writing.
Right to Delete Request: Under the CCPA, you also have a right to request that we delete personal information, subject to certain exceptions.
Household Requests: We do not knowingly collect household data. If all the members of a household makes a Right to Know or Right to Delete request, we will respond as if the requests are individual requests.
General Requests under CCPA: You may make a verifiable consumer request related to your personal information twice per 12-month period. We will not discriminate against you for exercising any of your rights under the CCPA.
Requests made through Agents: You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.
No Sale of Personal Information: ART PROF does not sell, license, or convey personal information to any third parties for any reason.
We provide the site to you as is. You use it at your own risk and discretion. ART PROF provides no implied warranty of merchantability, fitness for a particular purpose, availability, security, title, or non-infringement. We will not be liable to you for any damages that arise from your use of the site, including but not limited to, if the site is hacked or become unavailable, any type of damages (indirect, incidental, consequential, special or exemplary), and legal claims, such as breach of contract, breach of warranty, tort, or any other loss. Even if we do not exercise a particular right under these Terms, that does not imply that we have waived that right; assume that all rights listed under these Terms are in force. You may not, under any circumstances, modify these Terms. If any provision of these Terms is found invalid, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect. These Terms are governed by Utah law and any suit must take place in a court located in Salt Lake City, Utah.
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