Terms of Service

Last updated January 1, 2025

Welcome to Artful Horizons!

Welcome to Artful Horizons LLC (“Artful Horizons,” “we,” “us,” “our”)! We provide art education services through our website at ArtfulHorizons.com (the “Site”) and related platforms (collectively referred to as the “Service(s)”). These Terms of Service (as amended from time to time, the “Terms”) govern your use of our Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

1. Updates to the Terms
We may modify these Terms at our sole discretion.

Changes will be posted on this page with the “Last Updated” date indicated.
If changes are material, we will notify you through the Service, via email, or other reasonable means.
Changes become effective no earlier than fourteen (14) days after posting, except for updates addressing new features or legal requirements, which take effect immediately.
Continued use of the Services after the changes take effect signifies your acceptance of the updated Terms.

2. Important Notice: Binding Arbitration and Waivers
This agreement contains provisions that:

Require you to waive your right to a jury trial.
Require you to submit disputes to binding arbitration on an individual basis.
Limit your ability to participate in class actions or representative proceedings.

Please review the Dispute Resolution by Binding Arbitration section for further details.

3. Additional Terms
When using specific features of the Services, additional terms may apply, including but not limited to:

Privacy Policy
Community Standards
Class Content Policy
Help Center Guidelines

These additional terms are incorporated into these Terms by reference.

4. Description of Services
Artful Horizons provides a platform for art education, including live and pre-recorded classes offered directly to Parents for their children. While we strive to deliver high-quality services, you acknowledge and agree to the following:

Artful Horizons provides tools and resources to facilitate class participation but does not act as a broker, agent, or insurer.
Parents enroll their children directly in classes offered by the Instructor (currently a single educator).
Artful Horizons disclaims all liability for the conduct of users, including Parents, Learners, or other participants.
Certain sections of these Terms may apply differently to Parents, depending on their use of the Services.

Key Terms

“User,” “you,” or “your”: Refers to any individual or entity using the Services, including Parents and Learners.
“Parent(s)”: A parent or legal guardian who completes the Artful Horizons account registration process to purchase and manage access to Classes for their child.
“Learner(s)”: A child (aged 5–15) enrolled in Classes by their Parent or legal guardian.
“Instructor”: The individual responsible for creating and teaching Classes offered through Artful Horizons. (Currently, this refers to a single educator affiliated with the platform.)
“Class(es)”: Any live or pre-recorded online art education session(s) provided by the Instructor and purchased by a Parent on behalf of a Learner.

Access and Use of the Service

1. Services Description

Artful Horizons provides a platform for art education, where Parents can enroll their children in live or pre-recorded art classes. As the provider of this platform, Artful Horizons:

Facilitates the purchase and delivery of Classes.
Provides tools to support participation in Classes.

You acknowledge and agree that:

Artful Horizons is not a broker, agent, or insurer for any Classes.
The platform is designed to connect Parents and Learners with the Instructor, who directly delivers the Classes.
While we strive to create a safe and engaging environment, you assume all risks associated with using the Services.
Artful Horizons cannot guarantee the authenticity, quality, or appropriateness of the Classes or the behavior of Users.

2. Your Registration Obligations

To access certain features of the Services, you must register an account and:

Provide accurate, current, and complete information.
Update your information promptly to keep it accurate.

Eligibility:

You must be of legal age to form a binding contract (typically 18 years old).
If you are under the legal age, your Parent must review and accept these Terms on your behalf. Parents providing consent for their children agree to be bound by these Terms with respect to their child’s use of the Services.

3. Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your account credentials and:

Notifying Artful Horizons immediately of any unauthorized access or security breach.
Logging out of your account after each session.

Artful Horizons is not liable for any loss or damage arising from your failure to protect your account credentials.

4. Modifications to the Service

Artful Horizons reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time without prior notice. We are not liable for any changes to or interruptions in the Services.

5. General Practices Regarding Use and Storage

You acknowledge and agree that:

Artful Horizons may establish limits on the retention of data or content uploaded to the platform.
Content may be deleted if your account is inactive for an extended period.
These practices are subject to change at our discretion without prior notice.

6. Class Recordings

Classes conducted via the Artful Horizons video chat platform may be recorded (“Class Recordings”) to enhance the learning experience.

How Class Recordings Are Used:

For Learners to review missed Classes or revisit content for educational purposes.
For the Instructor to improve teaching methods.
To provide customer support and ensure compliance with policies.

Privacy Protections:

Class Recordings are retained for 90 days after the Class date, unless:
- A Parent requests deletion of their child’s identifiable information.
- Artful Horizons determines removal is necessary to protect privacy or enforce these Terms.
Recordings are not used for promotional purposes without your express written consent.

By using the Services, you consent to you and/or your child appearing in Class Recordings for the limited purposes outlined above.

Instructor Obligations

As the sole Instructor on the Artful Horizons platform, you agree to abide by the following obligations and responsibilities:

1. Role and Responsibilities

You are responsible for providing all required information about your Classes, including detailed descriptions and pricing.
Artful Horizons reserves the right to review and edit Class descriptions to align with platform standards.
You are required to maintain a professional and respectful environment for Learners and Parents.

2. Community Standards

By participating in the Artful Horizons community, you agree to:

Communicate thoughtfully and professionally with Parents and Learners.
Avoid behaviors that are inappropriate or harmful, including but not limited to:
- Bullying, demeaning, or provoking others.
- Sharing private information about Learners or Parents without consent.
- Posting content that is offensive, discriminatory, or violates community standards.

Social Media Usage:

You must not post or speak on behalf of Artful Horizons without prior written authorization.
Posts that negatively impact Artful Horizons’ reputation, business operations, or community are prohibited.

3. Learner Safety

You are required to prioritize the safety and well-being of Learners:

Report any suspected cases of child abuse or neglect to Artful Horizons and, if applicable, local authorities.
Comply with legal definitions of abuse or neglect, consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA).
Follow all applicable reporting responsibilities.

4. Compliance with Laws and Licenses

You are solely responsible for obtaining any licenses or permissions required to provide your Classes.
Artful Horizons is not responsible for ensuring your compliance with local, state, or federal laws, including privacy and data protection regulations.

5. Use of Class Recordings

Artful Horizons may provide access to Class Recordings for the following purposes:

Allowing Learners to review missed Classes.
Personal review to improve instructional methods.

You agree to:

Use Class Recordings only for the purposes listed above.
Not share Class Recordings with any third parties, except as necessary to facilitate instruction for Learners or their Parents.
Protect Learners’ privacy by not distributing or repurposing recordings for any unauthorized purpose.

6. Payments and Limited Agency

Any agreement regarding a Class is between you (the Instructor) and the Parent.
Artful Horizons serves solely as a limited agent to facilitate payments from Parents and transfer those payments to you, minus applicable fees.
You acknowledge that you are responsible for your actions and omissions while using the Services.

Payment Terms

1. General Payment Terms

Parents agree to pay all applicable fees for Classes (“Enrollment Fees”) as specified on the Artful Horizons website at the time of purchase.
All Enrollment Fees are payable in the currency specified during checkout.
Parents are responsible for any applicable taxes, except U.S. taxes based on Artful Horizons’ net income.
By making a purchase, Parents authorize Artful Horizons to charge their selected payment method for the Enrollment Fees.

Dispute Policy:

If a Parent disputes any charges, they must notify Artful Horizons within sixty (60) days of the charge.

2. Instructor Payment Terms

Artful Horizons will transfer Enrollment Fees (minus the Artful Horizons Fee) to the Instructor’s designated PayPal account within a reasonable period after a Class is purchased and completed.
The Instructor must maintain an active PayPal account to receive funds.

Dispute Resolution:

If a Parent reports that a Class was not provided or did not meet expectations (e.g., the Instructor did not show up or the Class was of insufficient quality), Artful Horizons may withhold payment.
Artful Horizons will review such cases independently, seeking input from both the Parent and the Instructor, and make a final decision at its sole discretion.
Refund determinations made by Artful Horizons are final and binding on both the Parent and the Instructor.

3. Limited Payment Collection Agent

The Instructor appoints Artful Horizons as their limited payment collection agent solely for the purpose of accepting Enrollment Fees from Parents.
Payment of Enrollment Fees to Artful Horizons is considered equivalent to payment made directly to the Instructor.
Artful Horizons facilitates the payment of Enrollment Fees (less the Artful Horizons Fee) to the Instructor.

Liability for Payment:

If Artful Horizons does not remit funds to the Instructor as outlined in these Terms, the Instructor’s recourse is limited to Artful Horizons. Parents are not liable for any delays or issues related to Instructor payments.

Conditions of Use

1. User Conduct

As a User of Artful Horizons, you are responsible for all content you upload, post, or share through the Services, including code, videos, images, text, and other materials (“Content”). The following activities are strictly prohibited:

Prohibited Content:
You may not upload, email, or use the Service to share content that:

Infringes on Rights: Violates intellectual property or other proprietary rights.
Violates Law or Agreements: Includes content you are not authorized to share under law, contractual obligations, or fiduciary relationships.
Distributes Harmful Software: Contains viruses, malicious code, or programs designed to disrupt or harm software, hardware, or networks.
Compromises Privacy or Security: Creates privacy or security risks for any person.
Engages in Spam or Solicitation: Constitutes junk mail, spam, chain letters, pyramid schemes, or unauthorized advertising and promotional activities.
Shares Offensive Content: Is unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, pornographic, hateful, or otherwise objectionable in the sole judgment of Artful Horizons.
Restricts or Harms Others: Interferes with other users’ enjoyment of the Services or exposes Artful Horizons or its users to harm or liability.

Prohibited Activities:
You may not:

Interfere with the operation of the Services or connected networks.
Violate local, state, national, or international laws and regulations.
Impersonate another person or entity, or misrepresent your affiliation.
Harvest or collect personal data from other users in violation of our Privacy Policy.
Solicit personal information from children in violation of privacy or safety guidelines.
Advertise, sell, or buy goods or services not explicitly authorized by Artful Horizons.
Promote illegal activities or provide instructions for illegal conduct.
Access restricted areas of the Service without proper authorization.

2. Special Notice for International Use and Export Controls

The Services and any software provided by Artful Horizons are subject to U.S. export controls.
You may not download, export, or re-export the software in violation of U.S. export laws.
You are responsible for complying with all local laws and regulations regarding acceptable online conduct and content when accessing the Services from outside the United States.

3. Commercial Use

Unless explicitly authorized by Artful Horizons, you may not use the Services or any part thereof for commercial purposes, including but not limited to:
- Displaying, distributing, licensing, performing, or publishing any content from the Service.
- Reproducing, duplicating, modifying, selling, or reselling the Services.
- Creating derivative works from or exploiting the Service in any unauthorized way.

Intellectual Property Rights

1. Service Content, Software, and Trademarks

The Artful Horizons platform and its features (“Service Content”) are protected by copyright, patent, trademark, trade secret, and other proprietary rights and laws. By using the Service, you acknowledge and agree to the following:

Restrictions on Use:

You may not modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or Service Content without prior written authorization from Artful Horizons.
Class Recordings are considered Service Content, not User Content, and are subject to these restrictions.
You may not use data mining, robots, scraping, or similar methods to extract information from the Service.

Prohibited Circumvention:

If Artful Horizons blocks your access to the Service (e.g., by IP address), you may not take measures to bypass this restriction, such as masking or using proxy IP addresses.

Ownership of Technology:

The underlying technology and software powering the Service (the “Software”) are the exclusive property of Artful Horizons, its affiliates, and partners.
You may not reverse engineer, decompile, or otherwise attempt to discover the source code, or transfer any rights to the Software.

All rights not expressly granted in these Terms of Service are reserved by Artful Horizons.

2. Trademarks

The Artful Horizons name, logo, and related marks are trademarks and service marks of Artful Horizons (“Artful Horizons Trademarks”). Other product or service names displayed on the Service may be trademarks of their respective owners.

Trademark Usage:

You may not use any Artful Horizons Trademarks without prior written consent.
Any goodwill generated by the use of Artful Horizons Trademarks benefits Artful Horizons exclusively.

3. Third-Party Material

Artful Horizons is not responsible for content or materials provided by third parties, including other users. This includes, but is not limited to:

Errors, omissions, or inaccuracies in third-party content.
Loss or damage resulting from the use of such content.

Content Moderation:

While Artful Horizons may pre-screen content, it is not obligated to do so.
Artful Horizons reserves the right, at its sole discretion, to refuse or remove any content that violates these Terms of Service or is otherwise objectionable.

User Responsibility:

You are solely responsible for evaluating the risks associated with using third-party content and for relying on its accuracy, completeness, or usefulness.

User Content Transmitted Through the Service

1. Ownership of User Content

You retain ownership of any content, materials, or information you upload, post, or share through the Services (“User Content”), including all intellectual property rights. Artful Horizons does not claim ownership of your User Content.

By uploading or sharing User Content through the Services, you represent and warrant that:

You own all rights, titles, and interests in and to your User Content, including copyrights and publicity rights, or have obtained all necessary permissions to upload and share the content.
Your User Content does not violate the rights of any third party or applicable laws.

2. License to Use User Content

By submitting or uploading User Content, you grant Artful Horizons the following licenses:

Public Content: For User Content shared publicly through the Service (e.g., public forum posts), you grant Artful Horizons a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, and fully sublicensable license to:
- Use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, publicly perform, and publicly display your User Content in any form, media, or technology now known or later developed, for any legal business purpose.
Private Content: For User Content shared privately (e.g., private lessons or messages), you grant Artful Horizons a similar license, but solely for the purpose of providing the Services to you.

3. Submissions

Any feedback, suggestions, ideas, or other information you provide about the Services (“Submissions”) are non-confidential, and Artful Horizons may use and share them without acknowledgment or compensation to you.

4. Preservation and Disclosure of Content

You acknowledge that Artful Horizons may preserve or disclose your User Content if required by law or if it believes in good faith that such actions are necessary to:

Comply with legal obligations or government requests.
Enforce these Terms of Service.
Respond to claims that content violates third-party rights.
Protect the rights, property, or personal safety of Artful Horizons, its users, or the public.

5. Technical Transmission of Content

You understand that the processing and transmission of your User Content may involve:

Transmissions over various networks.
Modifications to conform to technical requirements of connecting devices or networks.

6. Copyright Complaints

Artful Horizons respects the intellectual property rights of others and expects users to do the same. If you believe your work has been copied or your intellectual property rights have been infringed, please notify us by submitting a DMCA Takedown Request as outlined below.

Submitting a DMCA Takedown Request:
Send a written notification to [email protected] (Subject: “DMCA Takedown Request”) containing:

A description and proof of ownership of the copyrighted or intellectual property, including registration numbers or certificates, if applicable.
An electronic or physical signature of the owner or authorized representative.
A description of the allegedly infringed content, including a specific link or location.
Your contact information (address, telephone number, and email address).
A statement of good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement under penalty of perjury that the information provided is accurate and that you are the copyright owner or authorized to act on their behalf.

Limitations:

Each notice may address up to ten (10) individual claims. Notices exceeding this limit will address only the first ten claims.

Third Party Websites

The Artful Horizons platform may include links or provide access to third-party websites, services, or resources. While these links are provided for convenience, you acknowledge and agree to the following:

1. No Control or Endorsement

Artful Horizons has no control over third-party websites or resources.
We do not endorse or make any representations regarding the content, goods, services, or practices of any third-party websites or resources linked through our platform.

2. No Liability for Third-Party Interactions

Artful Horizons is not responsible or liable for any damage or loss caused, or alleged to be caused, by your use of or reliance on third-party content, events, goods, or services.
Any dealings you have with third parties, including transactions or interactions, are solely between you and the third party.

3. User Responsibility

You are responsible for reviewing the terms, policies, and practices of any third-party websites or resources you access through the Services.
Artful Horizons encourages you to exercise caution and judgment when interacting with third-party websites or services.

By using the Services, you agree that Artful Horizons is not liable for any claims, disputes, or losses arising from your interactions with third parties.

Social Networking Services

You may log in to or enhance your experience with the Artful Horizons platform by using third-party social media and social networking services such as Facebook or Twitter (“Social Networking Services”). This integration allows us to personalize your experience and provide additional feature.

1. Integration with Social Networking Services

To use these features, you may need to authenticate, register for, or log into the Social Networking Services on their respective platforms.
By enabling these integrations, you grant Artful Horizons access to certain information you’ve shared with the Social Networking Services, which will be used, stored, and disclosed in accordance with our Privacy Policy.

For more details on how your data is handled, please review our Privacy Policy.

2. Third-Party Responsibility

You acknowledge and agree that:

The manner in which Social Networking Services store, use, and disclose your information is governed solely by their own policies.
Artful Horizons is not liable for the privacy practices, actions, or policies of these third-party services.

3. Accuracy and Reliability

Artful Horizons is not responsible for the accuracy, availability, or reliability of any information, content, goods, or services provided by Social Networking Services.

You agree that Artful Horizons is not liable for any damage or loss caused, or alleged to be caused, by your use of or reliance on Social Networking Services.

4. Convenience, Not Endorsement

Artful Horizons provides integration with Social Networking Services as a convenience.
The inclusion of these features does not imply an endorsement or recommendation by Artful Horizons.

Indemnity and Release

1. Indemnity

You agree to indemnify, defend, and hold harmless Artful Horizons, its affiliates, and their respective officers, employees, directors, and agents (collectively, “Indemnitees”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

Your use of the Services.
Your User Content.
Your connection to the Services.
Your violation of these Terms of Service.
Your violation of the rights of any third party, including intellectual property, privacy, or other legal rights.

2. Release

To the fullest extent permitted by law, you release the Indemnitees from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to your use of the Services.

If you are a California resident, you expressly waive California Civil Code Section 1542, which states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

If you reside in another jurisdiction, you waive any comparable statute or doctrine that limits the scope of this release.

Disclaimer of Warranties

Your use of the Artful Horizons platform and Services is at your own risk. The Services are provided on an “as is” and “as available” basis without any warranties of any kind, whether express, implied, or statutory.

1. General Disclaimers

Artful Horizons expressly disclaims all warranties, including but not limited to:

Implied Warranties: Merchantability, fitness for a particular purpose, title, and non-infringement.
Service Performance: We do not guarantee that:
1. The Services will meet your requirements.
2. The Services will be uninterrupted, timely, secure, or error-free.
3. The results obtained from using the Services will be accurate or reliable.
4. The quality of any Classes, products, services, information, or other materials purchased through the platform will meet your expectations.

2. Background Checks

Any background checks conducted by Artful Horizons on Instructors are for Artful Horizons’ internal purposes only. We make no representations, guarantees, or warranties regarding the conduct or suitability of any Users, including Instructors, on the platform.

Limitation of Liability

1. General Liability Limitation

You expressly understand and agree that Artful Horizons shall not be liable for:

Indirect, Incidental, or Consequential Damages: Including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Artful Horizons has been advised of the possibility of such damages.
Specific Scenarios: Damages arising from:
1. Your inability to use the Service.
2. The cost of obtaining substitute goods or services resulting from transactions or goods purchased through the Service.
3. Unauthorized access to or alteration of your data or transmissions.
4. Statements or conduct of third parties on the platform.
5. Any other matter related to your use of the Service.

2. Maximum Liability

In no event shall Artful Horizons’ total liability to you for all damages, losses, or causes of action exceed:

The total amount you have paid to Artful Horizons in the six (6) months preceding the claim, or
One hundred dollars ($100), whichever is greater.

3. Jurisdictional Exceptions

Certain Limitations May Not Apply: Some jurisdictions do not permit disclaimers or exclusions of certain warranties or liabilities for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.
New Jersey Residents:
- The limitations and disclaimers in the “Disclaimer of Warranties” and “Limitation of Liability” sections are intended to be as broad as permitted under New Jersey law.
- If any portion of these sections is deemed invalid under New Jersey law, the remainder shall remain enforceable.

4. Exclusive Remedy

If you are dissatisfied with any part of the Service or these Terms, your sole and exclusive remedy is to stop using the Service.

Dispute Resolution by Binding Arbitration

1. Agreement to Arbitrate

This section (“Arbitration Agreement”) governs how disputes between you and Artful Horizons are resolved. By agreeing to these Terms of Service, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, the Services, any advertising, or any aspect of the relationship between you and Artful Horizons, will be resolved exclusively through final and binding arbitration.

Small Claims Court: You may pursue individual claims in small claims court if your claims qualify.
Government Agencies: This Arbitration Agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies, which may seek relief on your behalf if permitted by law.
Waiver of Jury Trial and Class Action: By entering into this Arbitration Agreement, you and Artful Horizons waive the right to a trial by jury and the ability to participate in a class or representative action.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

2. Prohibition of Class and Representative Actions

Individual Claims Only: Disputes must be resolved on an individual basis.
No Class Actions: Neither you nor Artful Horizons may participate as a plaintiff or class member in any class or representative action or proceeding.
Relief Limitation: The arbitrator may award relief only to the individual party seeking relief, and only to the extent necessary to resolve that party’s individual claims.

If this subsection is found to be invalid or unenforceable, the entire Arbitration Agreement will be null and void.

3. Pre-Arbitration Dispute Resolution

Artful Horizons encourages resolving disputes amicably and efficiently.

Contact Artful Horizons at [email protected] to resolve your concern.
If unresolved, send a Notice of Dispute via certified mail or email. The notice must:
- Describe the nature and basis of the claim.
- Specify the relief sought.
If no resolution is reached within 60 days, either party may commence arbitration.

4. Arbitration Procedures

Arbitration Rules: Arbitration will follow the rules of the American Arbitration Association (AAA), including its Supplementary Procedures for Consumer-Related Disputes.
Hearing Location: Hearings will occur at a mutually convenient location or be conducted virtually if the claim is under $10,000.
Arbitrator’s Authority: The arbitrator can award the same damages and relief as a court, on an individual basis.

For more information about AAA rules, visit https://www.adr.org/consumer.

5. Costs of Arbitration

Fees: Arbitration fees will be governed by the AAA Rules.
Attorney’s Fees: Payment of attorneys’ fees will also follow AAA Rules unless otherwise agreed.

6. Confidentiality

All arbitration proceedings, including rulings, decisions, and awards, will remain strictly confidential.

7. Severability

If any term of this Arbitration Agreement (excluding the “Prohibition of Class Actions” subsection) is found invalid, the remaining terms will still apply.
If the “Prohibition of Class Actions” subsection is found invalid, this entire Arbitration Agreement will be void.

8. Opt-Out Option

Timeframe: You may opt out of this Arbitration Agreement within 30 days of first accepting the Terms of Service.
How to Opt-Out: Email [email protected] with your name, account email, username, and a clear request to opt out of arbitration.

If you opt out, you will retain the right to litigate disputes in court, but the remaining Terms of Service will still apply.

9. Future Changes to Arbitration Agreement

If Artful Horizons makes changes to this Arbitration Agreement, you can reject them by sending written notice within 30 days of the changes.
By rejecting changes, you agree to arbitrate under the terms of the Arbitration Agreement in effect at the time you first accepted these Terms.

Termination

1. Termination or Suspension by Artful Horizons

Artful Horizons reserves the right, at its sole discretion, to suspend or terminate your account, your access to the Service (or any part thereof), and/or remove or discard any content associated with your account, for any reason, including but not limited to:

Lack of use or inactivity.
Violation of the letter or spirit of these Terms of Service.
Suspected fraudulent, abusive, or illegal activity.

Artful Horizons may refer any suspected illegal activities to appropriate law enforcement authorities.

2. Discontinuation of the Service

Artful Horizons reserves the right to discontinue providing the Service, or any part thereof, at any time and for any reason, with or without notice.

3. Immediate Deactivation

Termination of your access to the Service may occur without prior notice, and you agree that:

Your account, including all related information, files, and content, may be immediately deactivated or deleted.
Access to your account, files, or the Service may be permanently barred.

4. No Liability for Termination

You agree that Artful Horizons shall not be liable to you or any third party for:

The termination or suspension of your account or access to the Service.
The deletion of your content or files associated with the Service.

User Disputes

1. Responsibility for Interactions

You agree that you are solely responsible for your interactions and communications with other users of the Service. Artful Horizons shall not be liable or responsible for any disputes, claims, or damages arising out of or related to interactions between you and other users.

2. Artful Horizons’ Role in Disputes

While Artful Horizons reserves the right to become involved in disputes between users, it has no obligation to do so.

Any involvement by Artful Horizons is at its sole discretion and for purposes it deems necessary.
Artful Horizons does not act as a mediator, arbitrator, or adjudicator in user disputes and assumes no liability for the outcome of any such involvement.

General

1. Entire Agreement

These Terms of Service constitute the entire agreement between you and Artful Horizons regarding your use of the Service, superseding any prior agreements.

You may also be subject to additional terms and conditions when using affiliate or third-party services, content, or software.

2. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of the State of California, without regard to its conflict of law provisions.

Disputes Not Subject to Arbitration: For any disputes or claims not subject to arbitration, you and Artful Horizons agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

3. Waiver and Severability

The failure of Artful Horizons to enforce any provision of these Terms of Service does not constitute a waiver of that provision.
If any provision is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

4. Time Limit on Claims

Any claim or cause of action related to the use of the Service or these Terms of Service must be filed within one (1) year of the date the claim or cause of action arose, or it will be permanently barred.

5. Admissibility of Electronic Agreements

A printed version of these Terms of Service and any electronically provided notices will be admissible in judicial or administrative proceedings to the same extent as other business records originally generated in printed form.

6. Assignment

You may not assign these Terms of Service without prior written consent from Artful Horizons.
Artful Horizons may assign or transfer these Terms of Service, in whole or in part, without restriction.

7. Section Titles

Section titles are for convenience only and have no legal or contractual effect.

8. Notices

Artful Horizons may deliver notices to you via email, regular mail, or by displaying notices on the Service.

Your Privacy

At Artful Horizons, we respect your privacy. Please refer to our Privacy Policy for details on how we collect, use, and protect your personal data. By using the Service, you consent to our collection and use of personal data as outlined in the Privacy Policy.

Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted at:
- Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
- Phone: (916) 445-1254 or (800) 952-5210
You may also contact us at [email protected].

Questions? Concerns? Suggestions?

Please reach out to us at [email protected] for:

Reporting violations of these Terms of Service.
Questions or concerns regarding these Terms of Service or the Service.