The Website and Applications are offered and available to users who are 13 years of age or older. By using the Website or Applications, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Applications.
WARNING: SOME PAGES OF OUR WEBSITE AND APPLICATIONS MAY CONTAIN IMAGES DEPICTING NUDE HUMAN MODELS OF ANY GENDER, WHICH YOU MAY FIND OFFENSIVE. DO NOT VISIT THESE PAGES OF OUR WEBSITE OR APPLICATIONS IF YOU ARE IN ANY WAY OFFENDED BY SUCH CONTENT.
3. Accessing the Website or Applications and Account Security
We reserve the right to withdraw or amend the Website or Applications, and any service or material we provide on the Website or Applications, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Applications are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Applications, or the entire Website or Applications, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website or Applications.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, Applications, or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorised access to or use of your user name or password or any other breach of security. To protect your account, we recommend that you log out and close your browser window at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Intellectual Property Rights
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or screen capture a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
- If we make material on our Website or Applications available for you to download through a “download” link, or otherwise provide you with an ability to access such material offline, you may download a copy of that material or otherwise use these features to make the material available offline (which may include downloading) and to access and use such material for your own personal use.
- As otherwise described in an instructor agreement with you, if applicable.
Unless you are an instructor, you must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
The SBA name, our logo, and all related names, logos, product and service names, designs and slogans are trademarks of SBA or its affiliates or licensors (each, “Trademarks”). You must not use such marks without the prior written permission of SBA. In such cases, SBA grants you a limited, non-exclusive, non-transferable right and license to use SBA’s Trademarks. All other names, logos, product and service names, designs, and slogans on the Website or the Applications are the trademarks of their respective owners.
6. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate SBA, a SBA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Applications, or which, as determined by us, may harm SBA or users of the Website or the Applications or expose them to liability.
Additionally, you agree not to:
- Use the Website or the Applications in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or the Applications, including their ability to engage in real time activities through the Website or the Applications.
- Use any robot, spider or other automatic device, process or means to access the Website or the Applications for any purpose, including monitoring or copying any of the material on the Website or the Applications.
- Use any device, software or routine that interferes with the proper working of the Website or the Applications.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website or the Applications, the server on which the Website is stored or which the Applications connect to, or any server, computer or database connected to the Website or the Applications.
- Attack the Website or the servers used by the Applications via a denial-of-service attack or a distributed denial-of-service attack.
- Post any fake or defamatory critiques or comments; trade critiques, comments, or upvotes or downvotes with others for the sole purpose of increasing your Activity Points and User Levels; or compensate someone or be compensated to post, refrain from posting, or remove a critique, comment, or an upvote or downvote.
- Otherwise attempt to interfere with the proper working of the Website or the Applications.
7. User Contributions
The Website and the Applications may contain message boards, chat rooms, direct messaging, personal web pages or profiles, forums, bulletin boards, our rating or review system, one-on-one video training, live streams, challenges or competitions between users, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials such as artwork; blog posts; comments on the message boards, chat rooms, bulletin boards, or forums; ratings, critiques, or reviews; upvotes or downvotes on posted artwork or comments; albums or galleries of your artwork; instructional materials uploaded by instructors; or any other content or materials that users may post, submit, publish, display or transmit to other users or other persons (collectively, “User Contributions”) on or through the Website or the Applications.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the User Contributions posted by others on our Website or Applications without that user’s permission.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SBA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Applications.
8. Monitoring and Enforcement; Termination
The Website and the Applications may be monitored by moderators. Such moderators may view User Contributions, activities performed via the Interactive Services, and posts made by users of the Website or the Applications.
We or our moderators have the right to:
- Mark User Contributions as spam or inappropriate and/or remove or refuse to post any User Contributions for any or no reason in our or the moderator’s sole discretion.
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Website or the Applications.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the Applications. YOU WAIVE AND HOLD HARMLESS SBA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, neither us nor our moderators undertake to monitor all activities occurring on the Website or the Applications or to review all material before it is posted on the Website or the Applications, and cannot ensure prompt removal of objectionable material after it has been posted or termination of offending activities after it has occurred. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided or activities performed by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, unless otherwise containing serious literary, artistic, or political value (as determined by us in our sole discretion), User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy another reasonable person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organisation.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising for third party products or services, provided, however, you may promote and offer your own artwork or artwork supplies that do not compete with products offered by SBA for sale. Any such User Contributions may be subject to SBA’s review and removal.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. Terms of Sale
All prices, discounts, and promotions posted on the Website or the Applications are subject to change without notice. Posted prices do not include taxes. All such taxes will be added to your total before checkout.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept PAYPAL and all major credit cards for all purchases. We strive to make payments as easy as possible and we strive to make other payment methods available in the future; please check our payment page for current payment methods. You represent and warrant that (i) the credit card information or other payment method (such as PAYPAL, GooglePay, Apple Pay, AliPay, etc.) information that you supply to us is true, correct and complete, (ii) you are duly authorised to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honoured by your credit card company or other payment system, (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website or the Applications at the time of your order, and (v) if you are a minor, you are authorised by your parent or guardian to use such credit card or other payment method for the purchase.
If you are unsatisfied with a purchase of one of our products, we will accept a return of such products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 14 days of delivery.
11. Contracts between You and a Third Party
The Services may include various product and service offerings that allow you to enter into online transactions with third-parties upon additional or different terms and conditions determined by such third-parties. If applicable, you will be provided with these terms and conditions at the time you purchase these third-party products or services. You acknowledge and agree that SBA is not a party or an agent of any transactions conducted with third-parties via the Services. SBA does not set, control, or endorse the price, contract terms, quality, safety conformance, or legality of the products or services advertised or offered for sale by third parties via the Services. As between SBA and you, you take sole responsibility for any claims regarding your participation in any one-on-one sessions you participate in with instructors or any live streams or courses the instructors offer. You further agree and acknowledge that the applicable third-party takes sole responsibility for all products and services provided or made available by them on or through the Website or the Applications. In no event shall SBA be responsible for any liability resulting from or related to such products or services or for your participation or inability to participate in services offered by any third-party through the Website or the Applications.
You may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to SBA with respect to the Website, the Applications, and our Services. Proko will have full discretion to determine whether or not to proceed with the development of the requested enhancements, new features or functionality. You hereby grant SBA a royalty-free, fully paid up, worldwide, transferable, sub-licensable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of the Feedback; and (b) use the Feedback, including without limitation, the right to (itself or through a third party) develop, manufacture, market, sell, import, rent, provide and/or lease products or services which practice or embody the Feedback.
13. Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or on or through the Applications infringes your copyright, you may request removal of those materials (or access to them) from the Website and/or the Applications by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website or the Applications, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- Include both of the following statements in the body of the DMCA Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website or the Applications is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
If You Believe Your User Contributions Have Been Removed In Error as a Result of a DMCA Notice: We are required under the DMCA to promptly notify you when we remove your User Contributions as a result of a DMCA Notice and you have the right to submit a counter-notice requesting that your User Contributions be reposted (a “DMCA Counter-Notice”). We are required to provide all DMCA Counter-Notices to the party submitting the DMCA Notice, along with your contact information. The DMCA Counter-Notice must include the following:
- Your physical or electronic signature.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- Identification of the material removed and its location before it was removed.
- An explanation of why your User Content does not violate the copyright.
- Include the following statements in the DMCA Counter-Notice:
“I declare, under penalty of perjury, that I have a good faith belief that the complaint of the copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.”
“I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which SBA, may be found).”
“I agree to accept service of process from the complainant.”
“Having received this counter notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the complainant of this notice, and to restore the material in dispute (or not take the material down in the first place), unless the complainant files suit against me within 10 days.”
Please be aware that if you knowingly make any false claim in the DMCA Counter-Notice, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
14. Reliance on Information Posted
The information presented on or through the Website and the Applications is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the Applications, or by anyone who may be informed of any of its contents.
The Website and the Applications includes content provided by third parties, including materials provided by other users. All statements and/or opinions, including upvotes or downvotes, critiques by instructors, critiques by students, reviews, comments on the message boards, and any other statements and/or opinions made by third parties on the Website or the Applications expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SBA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SBA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
15. Changes to the Website or Applications
We may update the content on the Website and the Applications from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or the Applications may be out of date at any given time, and we are under no obligation to update such material.
16. Information About You and Your Visits to the Website and Your Use of the Applications
17. Linking to the Website and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Members of our affiliate program may also link to our Website in accordance with the terms and conditions of our affiliate program.
The Website or the Applications may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you or that you do not otherwise have permission to post on.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing or in-line linking, on any other site.
You agree to cooperate with us in causing any unauthorised framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
18. Links from the Website or Applications
If the Website or the Applications contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Such banner advertisements and sponsored links may be provided by our affiliates. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website or the Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
19. Geographic Restrictions
The owner of the Website and the Applications is based in the state of California in the United States. While we provide this Website and the Applications for use by persons located in any jurisdiction, we make no claims that the Website, the Applications, or any of their content is accessible or appropriate outside of the United States. Access to the Website or use of the Applications may not be legal by certain persons or in certain countries. If you access the Website or use the Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
20. Results Disclaimer
Our Website, Applications, and Services provide you with an opportunity to learn or improve your drawing, painting, and other artistic skills. We try to teach our students these skills using our expertise and experience, and we take teaching seriously. However, everyone learns these skills at a different pace. We may share the successful results of SBA or our users on the Website or the Applications. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your future artistic capabilities or improvement, or any other results of any kind. By accessing the Website or using the Applications you accept, agree, and understand that you are fully responsible for your progress and results from your use of the Website, the Applications, and our Services. We do not guarantee that you will get any results using any of the ideas, tools, strategies or recommendations available on or through the Website or the Applications, and nothing on our Website or Applications is a promise, warranty, or guarantee to you of such results.
21. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or on or through the Applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR MADE AVAILABLE THROUGH THE WEBSITE OR APPLICATIONS, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, THE APPLICATIONS, THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS IS AT YOUR OWN RISK. THE WEBSITE, THE APPLICATIONS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROKO NOR ANY PERSON ASSOCIATED WITH SBA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER PROKO NOR ANYONE ASSOCIATED WITH SBA REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APPLICATIONS, THEIR CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SBA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Limitation on Liability
IN NO EVENT WILL SBA, ITS 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, THE APPLICATIONS, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE, APPLICATIONS, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, APPLICATIONS, 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.
24. Limitation on Time to File Claims
25. Waiver and Severability
26. Entire Agreement
27. Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent designated in the manner and by the means set forth herein.
All other feedback, comments, requests for technical support and other communications relating to the Website or Applications including any requests for refunds should be directed to: [email protected]
Stephen Bauman Artwork (“SBA” or “we” or “us”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy applies to information we collect:
- on our Website and Applications; and
- in email, text, and other electronic messages between you and our Website and/or Applications.
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by SBA or any third-party (including our affiliates);
- us or any of our affiliates related to your or any other individual’s employment or potential employment with us; or
- any third party (including our affiliates), including through any application or content (including advertising) that may link to or be accessible from the Website and Applications.
2. Data Controller, Data Protection Officer, and Representative
SBA is the data controller of your Personal Data collected on the Website and in the Applications. At this time, SBA is not required to appoint a Data Protection Officer or a representative in the EU, and has elected not to do so.
3. Children Under the Age of 13
Our Website and Applications are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website or Applications. We do not knowingly collect Personal Data from children under 13. If you are under 13, do not use or provide any information on our Website or Applications or on or through any of their features/register on the Website or Applications, make any purchases through the Website or Applications, use any of the interactive or public comment features of our Website or Applications or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 13, please contact us at [email protected].
4. Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website and Applications (“Personal Data”):
- by which you may be personally identified, such as name, address, e-mail address, telephone number, credit card number, date of birth, social media account information, user name, profile picture, website biography, or any other identifier by which you may be contacted online or offline;
- that is about you but individually does not identify you, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website and Applications, error information, clickstream data, and other communication data and the resources that you access and use on the Website and Applications; and/or
- about your internet connection, the equipment you use to access our Website and Applications and usage details.
We collect this information:
- directly from you when you provide it to us;
- automatically as you navigate through the Website and Applications; and
- From third parties.
Information You Provide to Us
The information we collect on or through our Website and Applications are:
- information that you provide by filling in forms on our Website and Applications. This includes information provided at the time of registering to use our Website and Applications, subscribing to any of our services, subscribing to any services provided by an instructor, or posting User Contributions (see below). We may also ask you for information when you enter a contest or promotion sponsored by us and when you report a problem with our Website and Applications;
- records and copies of your correspondence (including email addresses), if you contact us;
- details of transactions you carry out through our Website and Applications and of the fulfilment of your orders, including orders for lessons or learning materials. You may be required to provide financial information before placing an order through our Website and Applications;
- information you provide while using our interactive services such as our message boards, chat rooms, direct messaging, personal web pages or profiles, forums, bulletin boards, our rating or review system, one-on-one video training, and challenges or competitions between users; and
- your responses to surveys that we might ask you to complete for research purposes.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website and Applications or transmitted to other users of the Website and Applications or third parties such as your artwork; albums or portfolios that include your artwork; ratings, critiques, or reviews; blog posts; comments on the message boards, chat rooms, bulletin boards, instant messages, or forums; upvotes or downvotes on posted artwork or comments; instruction videos uploaded by instructors; or any other information that you provide to be published or displayed (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain Website and Applications pages that may contain User Contributions and you may set certain privacy settings for certain information possibly including your User Contributions by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website and Applications with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorised persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website and Applications, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, such as:
- details of your visits to our Website and Applications as described above, including usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies;
- details of your activities when you use the Website and Applications, such as how much of each video you watch, your progress through lessons, your upvoting and downvoting history, each time you request critiques of your artwork or provide critiques to others, your starting of new topics to forums, the popularity of your comments, etc. We collect this information so we can provide you points and calculate your User Level when that feature becomes available.
- meta-data contained in images, audio clips, and video clips that you upload and which are processed through our Website and Applications; and
- information about your computer and internet connection, i.e. your IP address, operating system, and browser type.
The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and Applications and to deliver a better and more personalised service by enabling us to:
- estimate our audience size and usage patterns;
- store information about your preferences, allowing us to customize our Website and Applications according to your individual interests;
- speed up your searches;
- recognise you when you return to our Website and Applications and maintain your login state;
- when available, provide you with “points” for your activity on the Website and Applications.
The automatic data collection technologies that we use include:
- Session Cookies. We use session cookies containing encrypted information to allow us to uniquely identify you. Each time you log in to use our services, a session cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These session cookies allow us to uniquely identify you when you are logged in to use our services and to process online data transactions and requests. Session cookies are required to use our services.
- Web Beacons. Pages of our Website and Applications may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit SBA, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- YouTube: We may use YouTube to host certain videos. You can find out more about how YouTube, and its parent Google, uses information that they collect when you watch a video hosted on YouTube by visiting https://policies.google.com/privacy.
- Vimeo: We may use Vimeo to host certain videos. You can find out more about how Vimeo uses information that they collect when you watch a video hosted on Vimeo by hosting https://vimeo.com/privacy.
We also use the following third-party services to help us provide you with our Website and Applications and help us manage, maintain, and improve our Website and Applications and understand our users:
For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
5. Lawful Basis for Processing Your Personal Data
If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):
- Consent. By using our Website or Applications, you consent to our collection, use, and sharing of your Personal Data as described in this Privacy Notice. If you do not consent to this Privacy Notice, please do not use the Website. Or Applications;
- Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your interests and rights and freedoms and we do not process your Personal Data if your interests or rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between SBA and you; detect and correct bugs and to improve our Website and Applications; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; promote and market our business; check your credit; and develop our product and services (including any new features we develop or provide now or in the future);
- To Fulfil Our Obligations to You under our Contract. We process your Personal Data in order to fulfil our obligations to you pursuant to our agreement with you to deliver our goods and services to you; and
- As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.
6. Special Categories of Information
SBA does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you.
7. Automated Decisions Making
SBA does not use your Personal Data with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.
8. How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Data:
- to present our Website and Applications and its contents to you;
- to provide you with information, products, or services (including any free and paid art education services available on or through our Website and Applications) that you request from us;
- to fulfil any other purpose for which you provide it;
- to provide you with notices about your account or any classes you register for, including expiration and renewal notices;
- to carry out our obligations under any agreements we may have with you, for example, to provide you with lessons;
- to bill you AND process your payments for the products and services that you purchase from us. If you fail to pay for the products and services you purchase from us, we may use your Personal Data to collect the overdue amounts, including sharing your Personal Data with collection agencies;
- to notify you about changes to our Website and Applications or any products or services we offer or provide though them;
- to allow you to participate in interactive features on our Website and Applications;
- to provide you with feedback on your artwork that you submit to the Website and Applications;
- to automatically give suggestions, display processed images, and provide feedback on your artwork using our artificial intelligence algorithms;
- to provide you with certain rewards based on your activity on the Website and Applications;
- to help train our artificial intelligence algorithms that help you to improve your artwork and your artistic capabilities; and
- in any other way we may describe when you provide the information.
With your consent, we may also use your information to contact you about our own services that may be of interest to you. If we have sent you a promotional email, you may click the unsubscribe link at the bottom of that email to be omitted from future promotional email distributions or by sending us an email stating your request at [email protected]. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
9. Disclosure of Your Information
- to our affiliates;
- to the instructors that offer instruction on our Website and Applications and with whom you contract;
- to third parties to critique your artwork, such as instructors, approved critiquers, or other students;
- to other users of the Website and Applications, if you use the interactive features of the Website and Applications;
- to contractors, service providers, and other third parties we use to support our business.
- to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of SBA’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Proko about our Website and Application’s users is among the assets transferred;
- to third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
- to fulfil the purpose for which you provide it. For example, if you register for a class with an instructor, we may give the instructor your contact information; and
- for any other purpose disclosed by us when you provide the information.
We may also disclose your Personal Data:
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SBA, our customers, or others.
In addition, Activity Points and User Levels may be publicly displayed and connected to your activity on the Website and Applications.
10. Choices About How We Use and Disclose Your Information
We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.
In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:
- Promotional Offers from SBA. We will only use your contact information to promote our own or third parties’ products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the signup form or at any other time by logging into the Website or Applications and adjusting your user notification settings by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may click the unsubscribe link at the bottom of that email to be omitted from future email distributions. Note that this opt-out does not apply to communications as a result of product purchase, warranty registration, product service experience, or other transactions.
11. Your Rights Regarding Your Information and Accessing and Correcting Your Information
Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.
- Access and Update. You can review and change your Personal Data by logging into the Website and Applications and visiting your “Settings” page. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
- Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
- Portability. To the extent the Personal Data you provide SBA is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
- Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
- Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
- How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information below or by visiting the “Settings” page of our Website and Applications. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.
12. Do Not Track Signals
Our Website and Applications may use automated data collection technologies to collect information about your online activities over time and across third-party Website and Applications or other online services (behavioral tracking). Some web browsers or operating systems permit you to broadcast a signal to Website and Applications and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
13. Data Security
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorised access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website and Applications, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website and Applications. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website and Applications.
14. Consent to Processing of Personal Data in the United States and in Other Countries
Our Site is operated and managed on servers located and operated throughout the world, including within the United States. By using and accessing our Site, residents and citizens of countries and jurisdictions outside of the United States agree and consent to the transfer to and processing of personal information on servers located in the United States and in other countries, and that the protection of such information may be different than required under the laws of your residence or location. Your information may be processed and stored in a country outside of where you reside, including in the United States and those countries’ (including the United States’) federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of that country (including the United States). By using our Website and Applications, you represent that you have read and understood the foregoing and hereby consent to the storage and processing of Personal Data that you provide to us on our Website and Applications in the United States and in other countries.
15. Data Retention Periods
SBA will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:
- for as long as necessary to comply with any legal requirement;
- on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
- for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
- for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.
17. Contact Information