Welcome to Visualarium. YouSculpt, LLC. d/b/a Visualarium ("Visualarium" "we" "us" or "our") develops training solutions ("Training Materials") for emerging digital artists. Access to and use of 'Visualarium.com' (including any on-line classes or training provided through it) (‘the Service’) is provided by Visualarium on the following Terms and Conditions.
By using the Service you agree to be bound by these Terms and Conditions, which will take effect immediately on your first use of the Service whether just browsing the site or Buying a product. If you do not agree to be bound by all of the following Terms and Conditions please do not access, use and/or contribute to the Service.
Visualarium reserves the right to make changes to these Terms and Conditions from time to time and so you should check these regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.
Sign up & Registration
All Training Materials, content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or included on the Site are protected under applicable copyright, trademark, patent or other proprietary (including but not limited to intellectual property) rights. The copying, modifying, distributing, transmitting, displaying, selling, licensing, using, publishing or creating derivative works by you of any such matters or any part of the Site, except as expressly allowed by the Agreement, is strictly prohibited. You do not acquire ownership rights to any Content or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Trademarks / Service Marks
VISUALARIUM, WWW.VISUALARIUM.COM "stylized head" logo are trademarks and/or service marks of YouSculpt LLC. Other product and company names may be mentioned on the Site from time to time which may be trademarks or service marks of their respective owners. These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.
Termination by You
You may terminate your User Account at any time by notifying us of your desire to terminate. After receiving notice from you, we will terminate your account. You will not receive a refund for any fees paid to Visualarium.
Termination by Visualarium
Visualarium may terminate your User Account with or without cause and without notice when terminated for cause. If you believe your User Account has been terminated in error, contact Visualarium. For example, Visualarium may terminate a User Account, if it determines you have provided others with access to Training Materials with your User Account. If it is determined by Visualarium, in its sole discretion, that your User Account was terminated in error, Visualarium will provide you with access to the Services at no charge for the period of time in which your User Account was terminated. This shall be the sole and exclusive remedy available to you for any termination in error. If Visualarium terminates your account for cause, determined at the sole discretion of Visualarium, you will not receive a refund for any Fees paid to Visualarium.
By subscribing to the Services, Visualarium grants you a limited, non-exclusive license to view the Training Materials via the Visualarium web site. This license shall terminate immediately upon termination of your Services. The Training Materials are the sole and exclusive property of Visualarium. Nothing herein grants you any ownership rights in the Training Materials. You are not authorized to:
1. Share your User Account with others;
2. Allow more than one individual to access a User Account;
3. Copy, modify, distribute, capture, or save locally any of the Training Materials;
4. Remove any copyright or proprietary notice included on or in any Training Materials;
5. Circumvent or attempt to circumvent any encryption, security code, or other protection used in connection with the Training Materials;
6. Use the Services for any unlawful purposes;
7. Capture screen shots of Training Materials; or
8. Make Training Materials available to others in any format.
As a service to our friends in the digital community, Visualarium offers the opportunity to participate in our Visualarium community where you can interact with and learn from others with like interests. While Visualarium does not monitor content posted in the community, please be advised that Visualarium reserves the right to delete any message for any or no reason and to prohibit your access to the service. By posting text, images or other content ("Posted Content") you hereby grant Visualarium a perpetual, non-exclusive license to use the Posted Content in connection with the Site and Services. You further represent and warrant that the Posted Content does not infringe the intellectual property rights of any third party. If you do not want to grant Visualarium the permission set out above on these Terms and Conditions, please do not submit or share your contribution to or with the Service. If you have any questions about contributing content to Visualarium, please contact Visualarium.
You agree to use Visualarium.com communities (including forums, chat rooms and online training) in accordance with the following community Rules
1. Contributions must be civil and tasteful.
2. No disruptive, offensive or abusive behavior: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
3. No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
4. Be patient: users of all ages and abilities may be taking part in the relevant Visualarium.com community.
5. No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
6. No advertising or promoting.
7. Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
8. No impersonation.
9. No inappropriate (e.g. vulgar, offensive etc) user names.
10. URLs (web site addresses) can only be posted if allowed under any relevant local house rules.
11. Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
If you have reason to believe that a user has posted content that is obscene, pornographic, violates the intellectual property rights of a third party or otherwise violates the terms of this Agreement, you may contact Visualarium to request removal of the content or use other procedures available through the community to request removal. Requests for removal due to infringement of intellectual property rights include the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (See 17 U.S.C 512(c)(3) for further details)
All materials Visualarium provides are provided "as is". Visualarium does not warrant that training materials or services provided in connection therewith will meet your requirements or that their operation will be uninterrupted or error-free or that the contents of the training materials are accurate or complete. Visualarium.com makes no warranties, express, implied or arising by custom or trade usage relating to the training materials or related services, and without limiting the generality of the foregoing, to the extent permitted by applicable law, specifically disclaims any implied warranties of title, noninfringement, merchantability or fitness for a particular purpose to the extent permitted by applicable law.
Limitations on LIABILITY
In no event shall visualarium.com and/or its affiliates, members, agents, employees, instructors licensors or suppliers be liable for any punitive, consequential, or multiple damages or lost profits or other special, direct, indirect, incidental, or consequential damages, including any damages resulting from loss of business arising out of or in connection with the training materials or related services, even if visualarium.com has been previously advised of the possibility of such damages or if such damages were foreseeable. In any event, visualarium aggregate liability for any claim relating to the services shall be limited to the amount you have paid to visualarium for the three months preceding any action filed.
Visualarium makes no promise that materials available on or through the Service are appropriate or available for use in locations outside the USA, and accessing the Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Service from locations outside the USA, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
This Agreement shall be governed and construed according to the laws of the state of California, United States of America. By using the Services, you consent to the exclusive jurisdiction of the state and federal courts in city of Los angeles, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
No delay or failure to take action under this Agreement shall constitute waiver by Visualarium of any provision of this Agreement or prevent Visualarium from subsequently enforcing such provisions. The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions.
Cancellation and Refunds
Visualarium does not provide refunds on any cancelled monthly or annual membership plan due to the offering of the time limited and instant access to the services. Our short intensive classes are not eligible for cancellation and refunds as well. However, our 10 week & 5 week classes are eligible for refunds if cancelled within 30 days of the purchase.
- American Express
- Visualarium Gift Certificate
- Group Orders
Technical Questions regarding Visualarium platform are answered through Visualarium Support System. All support tickets are answered within 48 hours. Support tickets received on holidays and weekends are answered within 48 hours of the following business day. To submit a support ticket, please visit Visualarium Support.
For any general questions please e-mail Visualarium. All e-mails will be answered within 48 hours. E-mails sent during holidays and weekends will be answered within 48 hours of the following business day. To speak to a Visualarium representative regarding your Visualarium order, call (213) 537-9432 between the hours of 9:00AM -5:00PM Monday through Friday (PST). All messages received during holidays and weekends will be returned within 48 hours of the following business day.
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive and continue to be binding and enforceable. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected. If you breach these Terms and Conditions and Visualarium chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. Visualarium shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
Feedback and Information
Any feedback you provide at Visualarium shall be deemed to be non-confidential. Visualarium shall be free to use such information on an unrestricted basis.
LAST UPDATE: January 15, 2012