Terms of Use
These Terms of Use ("Terms") were last updated on May 01, 2020.
These Terms apply to all your activities on the ArtHustle website and other related services (“Services”).
We also provide details regarding our processing of disputes between students or teachers personal data of our students and teachers in our Privacy Policy.
1. Accounts
You need an account for most activities on our platform, including purchasing and enrolling in a course. When setting up and maintaining your account, you must provide accurate, complete and up-to-date information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and ArtHustle will not intervene in disputes between students or teachers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
Students and teachers must be at least 18 years of age to create an account on ArtHustle and use the Services. If you are younger than the18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If you are below this age of consent to use online services, you may not create a Udemy account. If we discover that you have created an account that violates these rules, we will terminate your account.
You can terminate your account at any time by contacting our Support Team. Check our Privacy Policy to see what happens when you terminate your account.
2. Course Enrollment and Access License
Teachers grant ArtHustle a license to offer a license to submitted courses to students. This means that we have the right to sublicense the course to the students who enroll in the course. As a student, when you enroll in a course, whether it's free or paid course, you are getting from ArtHustle a license to view the course via the ArtHustle platform and Services, and ArtHustle is the licensor of record. Courses are licensed (not sold) to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites or anywhere else).
In legal, more complete terms, ArtHustle grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a ArtHustle authorized representative.
Depending on the course the students can purchase a time-based or lifetime access license to our students when they enroll in a course. Renting period can be prolonged by students. However, we reserve the right to stop any further prolongation or even revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates any other terms or regulations. The access is not applicable to add-on features and services associated with a course, for example translation captions of courses may be disabled by teachers at any time, and a teacher may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the access is to the course content but not to the teacher.
Teachers may not grant licenses to their courses to students directly and any such direct license shall be null and void and a violation of these Terms.
3. Payments
3.1 Pricing
We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
3.2 Payments
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. ArtHustle works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
3.3 No Refunds
Payments are nonrefundable and there are no refunds or credits for partially used periods.
3.4 Gift and Promotional Codes
ArtHustle or our partners may offer gift and promotional codes to students. Codes may be directly redeemable for specific courses.
These codes, as well as any promotional value linked to them, may expire if not used within a specific time period. Gift and promotional codes offered by ArtHustle may not be refunded. Gift and promotional codes offered by a partner are subject to that partner’s refund policies.
4. Content and Behavior Rules
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
ArtHustle platform enables users to communicate with each other in different ways, upload files, share pictures and so on. In general, you are not allowed to submit anything that doesn’t belong to you. You must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences.
If we are put on notice that your content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates any other terms or regulations, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. ArtHustle complies with copyright laws.
ArtHustle has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
If one of our teachers has published a course that infringes your copyright or trademark rights, please let us know. We require our teachers to follow the law and respect the intellectual property rights of others.
5. ArtHustle’s Rights to Content You Post
The content you post as a student remains yours. By posting amy content, you allow ArtHustle to reuse and share it but you do not lose any ownership rights you may have over your content.
When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize ArtHustle to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with ArtHustle for syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
6. Using ArtHustle at Your Own Risk
ArtHustle enables anyone anywhere to create and share educational courses. We provide many courses on our online learning marketplace. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enroll in a course, you rely on any information provided by a teacher at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. ArtHustle has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrollment in a course.
When you interact directly with a student or a teacher, you must be careful about the types of personal information that you share. While we restrict the types of information teachers may request from students, we do not control what students and teachers do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ teachers nor are we responsible or liable for any interactions involved between teachers and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of teachers or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
7. ArtHustle’s Rights
All right, title, ownership and property rights to the ArtHustle platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by teachers and students) are and will remain the exclusive property of ArtHustle and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of European Union. Nothing gives you a right to use the ArtHustle name or any of the ArtHustle trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ArtHustle or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the ArtHustle platform and Services:
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access, tamper with, or use non-public areas of the platform (including content storage), ArtHustle’s computer systems, or the technical delivery systems of ArtHustle’s service providers.
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disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
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copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the ArtHustle platform or Services.
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access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
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in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as ArtHustle); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
8. Miscellaneous Legal Terms
8.1 Binding Agreement
You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with ArtHustle. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
Any version of these Terms in a language other than German is provided for convenience and you understand and agree that the German language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrollment and Access License), 5 (ArtHustle’s Rights to Content You Post), 6 (Using ArtHustle at Your Own Risk), 7 (ArtHustle’s Rights) and 8 (Miscellaneous Legal Terms).
8.2 Disclaimers
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our teachers is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will ArtHustle or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3 Limitation of Liability
There are risks inherent in using our Services. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
8.4 Indemnification
If you behave in a way that gets us into legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless ArtHustle, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
8.5 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email.
8.6 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.7 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
9. Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and ArtHustle reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
10. How to Contact Us
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.
Thanks for teaching and learning with us.