Terms & Conditions

DISCLAIMER

This Disclaimer, along with the Terms of Use and Privacy Policy, governs your access to and use of Gather Make Artproduct and services, including any content, functionality and services offered on any related websites or links, including Gathermakeart.thinkific.com

(the “Website”), whether as a guest or a registered user.

This Website is owned and operated by Emily Scale (“Gather Make Art”, “We”, “I” or “me”). Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Privacy Policy, you must not access or use the Website.

NOT PROFESSIONAL ADVICE
The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as, professional advice. While some of the contractors, employees and/or owners of the Company are professionals and the information provided on this Website relate education. Gather Make Art’s area of professionalism, the information contained on this Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation or child.

We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information and resources to you. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular information. We expressly recommend that you seek advice from a professional.

Neither Gather Make Art nor any of its owners, contractors, or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation, or for any of the video content or teaching content provided to you.

NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between you and Gather Make Art or any of its professionals or contractors. We cannot accept you as a client unless and until We determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognise and agree that We have not created any professional-client relationship through the use of this Website.

ONLINE COURSE
Your course enrolment is for you and your children and any dependants (“Dependants”) and only those people. You take full responsibility and any duty of care over and for your Dependants You agree that you and your dependants will not replicate, reproduce or distribute any element of the course in part or in full. By joining art club you are in agreement before the class commences stating that you will not replicate, reproduce or distribute any element of a class in part or in full.

The courses will run for 5-10 weeks only (depending on course), after which the newsletters and other delivered content, both written, video, and live will conclude. The course may be repeated at another date in the future.

Unfortunately, refunds are not available once you have purchased the course. If, for some reason, you are unable to participate in the course, please get in touch over email to discuss your options. If you join keep Kids’ Creative Art Club, or any other series courses, you may get a refund after trying one class.

USER’S PERSONAL RESPONSIBILITY
By using this Website, you accept personal responsibility for the results of your and your Dependants actions. You agree to take full responsibility for any harm or damage you or your Dependants suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment, take full responsibility and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.

NO GUARANTEES
You agree that Gather Make Art has not made any guarantees about the results of taking any action, whether recommended on this Website or not. Gather Make Art provides educational and informational resources that are intended to inspire and encourage engagement in creative lifestyle. You nevertheless recognise that you and your Dependants ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of Gather Make Art or otherwise are not a guarantee that you or any other person or entity will be able to obtain similar results.

ERRORS AND OMISSIONS
This Web Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up to date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this website.

REVIEWS
I may provide reviews of products, services, or other resources. This may include reviews of books, products, services, and/or software applications. Any such reviews will represent the good-faith and genuine opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.

Regardless of any such discounts, I will provide honest reviews of these products and/or services. You recognise that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website.

I will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to hello@gathermakeart.com that includes the title of the reviewed product as the subject line. I will respond via email and disclose any incentives or discounts we received in association with any such review.

NO ENDORSEMENTS
From time to time, I will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. I provide this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.

TESTIMONIALS
At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognise and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by Gather Make Art.

NO WARRANTIES
The company makes no warranties regarding the performance or operation of this Website. We further make no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books or services included on or through this website. The fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

DISPUTES, LAW AND ARBITRATION

The laws of British Columbia, Canada, will govern the interpretation, validity, and enforceability of this Agreement, the relationship of the Parties under this Agreement, and the conduct of the Parties in relation to each other’s Proprietary Information. Subject to the balance of this Section, all disputes, controversies, and disagreements that may arise in in relation to this Agreement, or a Party’s Proprietary Information, or the interpretation, validity or enforceability of this Agreement, will be submitted to the Vancouver International Commercial Arbitration Centre (“VANICAC”), and will be finally resolved by private and confidential arbitration (“Arbitration”), by a single arbitrator (“Arbitrator”), in the English language, pursuant to the International Commercial Arbitration Rules of Procedure of VANICAC (the “Rules”).VANICAC will administer the Arbitration and serve as the appointing authority. The Arbitration will be conducted in Vancouver, British Columbia, which will be the legal seat of the Arbitration. The Parties may elect to conduct any or all aspects of an Arbitration via electronic means (including Virtual Hearings as defined in the Rules), in which case both Parties will cooperation conscientiously to implement that election. Ssubject to the balance of this Section, the Arbitrator will have full authority to grant interim, interlocutory, and equitable relief, including remedies having the same effect as injunctions and declarations. The decision of the Arbitrator will be final and binding.

INTERNATIONAL USERS
The Website and services provided by or through it (“Service”) is controlled, operated and administered by Gather Make Artform our offices within Canada. If you access the Service from a location outside CANADA you are responsible for compliance with all local laws. You agree that you will not use the Website content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Gather Make Art, its employees, contractors agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gather Make Art reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gather Make Art and its owners in asserting any available defenses. To the extent permitted by law, Supplier and User will agree to mutual indemnification, which means that both parties, its affiliates, licensors, sublicensees, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

TERMINATION AND ACCESS RESTRICTION
Gather Make Art reserves the right, in its sole discretion, to terminate your access to the Website and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or its terms of use pursuant to the Disputes. Law and Arbitration term above. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.

LIMITATION OF LIABILITY

IN NO EVENT WILL EMILY SCALE OR GATHER MAKE ART, THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.You agree to absolve Gather Make Art of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this Website and/or the resources you may download from this website. You agree that Gather Make Art shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages for use of this Website.

The information, software, products and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Gather Make Art and/or its suppliers may make improvements and/or changes on the website at any time. Gather Make Art and/or its suppliers makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” with warranty or condition of any kind. Gather Make Art and/or its suppliers herby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Gather Make Art and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even Gather Make Art or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.

GATHER MAKE ART TERMS AND CONDITIONS OF USE

1. Term Acceptance

The following terms and conditions govern your access to and use of www.gathermakeart.thinkific.com & www.emilyscale.com www.gathermakeart.com including any content, functionality, and services offered on or through www.gathermakeart.thinkific.comand any mobile, tablet, or membership portal that interfaces with this website, whether as a guest or a registered user.

By accessing, downloading, or using our products and services which include all video and downloadable content whether an art project, freebie, or another resource, you agree to be bound by these Terms of Use, which you acknowledge that you have read and understood.

We reserve the right, at our sole discretion, to change, modify, or otherwise alter the Terms of Use at any time, as well as the contents of this website, the Gather Make Art courses offered through Emily Scale and Gather Make Art (“We” or “Us”)). Please ensure that you review the Terms of Use on a regular basis to keep yourself informed of any changes. Any changes made are considered immediate. Your continued use of the Website following the posting of revised Terms of Use will constitute your acceptance of and agreement to such changes. Any information with a date is current at publication and may or may not be updated or amended.

2. Subscription, Membership, & License

Gather Make Art offers an Art Club that includes live art on Zoom app and pre-recorded, downloadable PDFs eBooks and videos to schools, art studios, co-ops, and other institutions to access Gather Make Art ideas. By purchasing a course you agree to abide by all of the Terms and Conditions herein and any other terms provided at the time of purchase.

You also agree that you are not using the website, content, subscription or any portion of Gather Make Art as a competitor, to become a competitor, or for a reason that is not acting in the best interest of Gather Make Art

All individual user subscriptions last for the time period selected at the time of purchase, and automatically renew for additional terms of the same length (either monthly or annually) unless terminated in your user account settings or through our support team prior to the expiration of the current term. We reserve the right to terminate, disable access to, or refuse to renew your individual user enrolment at any time upon your breach of these Terms of Use or for any reason that does not fit within safe, conduct for children and teachers involved.

3. Accessing the Website/Membership Portal and Account Security

We reserve the right to withdraw or amend this website and all materials herein, content or service or material we provide through our products offered at GATHER MAKE ART at our sole discretion without notice.

For those who have a subscription, your username and password are specific to you, and you agree to keep it confidential and not allow others to access the membership portal using your login credentials. You agree to notify Us immediately of any unauthorized access to or use of your username or password, and to change your password immediately. Please ensure that you are careful when using public or shared computers. Other members of a single household or teaching assistants may use your username and password, as needed.

We have the right to disable any user account if, in our opinion, you have violated any provision of the Terms of Use.

4. Prices and Payment Terms

All prices, discounts, and promotions posted on our website or any websites, and member portals run by GATHER MAKE ART are subject to change without notice affecting new orders or subscriptions only. You represent and warrant that all payment information that you provide is accurate and that you have the right to make such payment. All payments for the products and/or services on the Website are in Canadian dollars

We provide access to our products and services through on a term basis. As a user who subscribes to art club or pre-recorded workshop understands that services are provided on a continuous basis and your subscription will be automatically renewed.

6. Intellectual Property Rights

This website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Emily Scale at GATHER MAKE ART or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. By sending images of artwork or children to hello@gathermakeart.com or on social media @gathermakeart you are giving consent for those photos to be used for marketing purposes or on gathermakeart.thinkific.com or on social media.

The Terms of Use permit you to use content from this website or www.emilyscale.com for personal use in a household, co-op, charter school, public elementary or middle school, private school, for homeschool pods, art studios, museum art education, and other similar venues. Material on this website or available through your purchase may not for resale or redistribution. If sharing on social media or in another location online, or in person, please give credit to Gather Make Art. If you have questions about if it is okay to use our content in a specific situation, please reach out to hello@gathermakeart.com

You must not:

Modify copies of any materials from the website or GATHER MAKE ART. You may not claim any resources as your own, sell modified resource versions, or present resources publicly as your own ideas.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site or found in your subscription.

You may:

Use the content including sample pictures in your classroom, art room, to teach your students or children.
Use the content to teach in a group setting which involves others that are not subscription owners.

No right, title or interest in or to this Website or its content, or in the membership portal is transferred to you, and all rights not expressly granted are reserved by Emily Scale and Gather Make Art. Any use of this website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Any infringement on the intellectual property rights of Gather Make Art may subject you to civil and criminal penalties.

7. Trademarks

Gather Make art is in the process of being trademarked belonging to Emily Scale. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. If the Gather Make Art name is used outside of the original sources themselves, you must cite the Gather Make Art homepage or link back to the Gather Make Art home page or to the original source.

10. Disputes, Governing Law and Jurisdiction

DISPUTES, LAW AND ARBITRATION

Last Updated Nov 17, 2022

CONTACT:
Emily Scale welcomes your questions or comments regarding the Disclaimer:
Email Address: hello@gathermakeart.com
Effective as of November 19, 2022