Design with Procreate

TERMS AND CONDITIONS

All courses, instruction and content offered via Design with Procreate, through its instructors Eric Abele and Lauren Roark offer products and services provided by Digital Theatre Design, LLC, ("DTD," "us," "we," or "our"). These Terms of Use ("Terms") govern your use of the platform, our website, apps, and other products and services ("Services"). Please read these Terms carefully and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST DTD. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS.

I. Course Use

A. Who May Use our Services

You may use our Services only if you can form a binding contract with DTD, and only in compliance with these Terms and all applicable laws. When you create your DTD account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.

B. Our License to You

Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, course-specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain our written permission from DTD, LLC to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by DTD, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.

C. Content Offerings and Changes to Content Offerings

DTD offers courses and content ("Content Offerings") through its instructors ("Content Providers"). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. DTD reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment, either solely, or in accordance with Content Provider instructions. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.

D. No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offerings does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offering unless you have earned a course certificate or other equivalent documentation of your completion of the Content Offering. DTD, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.

E. Disclaimer of Student-Content Provider Relationship

Nothing in these Terms or otherwise with respect to your participation in any Content Offerings by Content Providers : (a) establishes any relationship between you and any Content Provider; (b) enrolls or registers you in any Content Provider institution, or in any Content Offering offered by any Content Provider institution; or (c) entitles you to use the resources of any Content Provider institution beyond participation in the Content Offering.

F. Your Content (i.e. User Content)

The Services enable you to share your content, such as drawings, renderings, projects, and other assignments you submit, posts you make in the forums, and the like ("User Content"), with DTD, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed on to the DTD platform by or on behalf of Content Providers or their instructors using the Services or Content Offerings. As between DTD and Content Providers, such Content Offerings are governed by the relevant agreements in place between DTD and Content Providers.

G. How DTD and Others May Use User Content

To the extent that you provide User Content, you grant DTD a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting DTD the right to authorize Content Providers to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights DTD may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

H. Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, DTD does not waive any rights to use similar or related Feedback previously known to DTD, developed by our employees, contractors, or obtained from other sources.

I. Security

We care about the security of our users. While we work to protect the security of your account and related information, DTD cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing designwithprocreate@gmail.com.

J. Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. DTD cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. DTD disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.

K. Copyright and Trademark

DTD respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the DTD Copyright and Trademark Policy below in accordance with applicable law.

L. Education Research

DTD is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

M. Paid Services from DTD

DTD offers paid Services for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees charged by or for DTD and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and DTD reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy below.

N. Modifying or Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, DTD may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of DTD, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "DTD Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.

O. Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE DTD PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE DTD PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

P. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DTD PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE DTD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL DTD'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY DTD FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE DTD PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO DTD'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Q. Indemnification

You agree to indemnify, defend, and hold harmless the DTD Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

R. Governing Law and Venue

The Services are managed by DTD, which is located in Maryland. You agree that any dispute related to these Terms will be governed by the laws of the State of Maryland, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and DTD will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Maryland as the legal forum for any such dispute.

S. Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

T. Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

U. Content Providers

Our Content Providers and integrated service providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

V. Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Referenced Policies

ACCEPTABLE USE POLICY

Effective: October 7, 2021

Our mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our Content Providers and instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

We may remove or edit inappropriate content or activity identified by or reported to us. We may separately suspend, disable, or terminate a user's access to all or part of the Services.

You are prohibited from using our Services to share content that:

Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that users who are as young as 13 use DTD, and we do not allow content that is inappropriate for these younger users.
Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Otherwise violates the DTD Terms of Use.
Please note that specific Content Offerings may have additional rules and requirements.

You also aren't allowed to:

Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
Share your password, let anyone besides yourself access your account, or do anything that might put your account at risk.
Attempt to access any other user's account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
Try to reverse engineer any portion of our Services.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
Use our Services to distribute malware.
Use our Services or any functionality of the DTD platform for anything other than for completing online courses or for pedagogical purposes.
Impersonate or misrepresent your affiliation with any person or entity.
Encourage or help anyone do any of the things on this list.

HONOR CODE

Effective as of October 7, 2021.

All users participating in Content Offerings must agree to abide by the following code:

I will register for only one account, unless expressly permitted to register for additional accounts by DTD.
My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.
I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.

Any violation of this code may result in your access to all or part of the Services being suspended, disabled, or terminated.

REFUND POLICY

Effective as of October 7, 2021

For details on our refund deadlines and policies, please refer to the information below. Please also note that we treat violations of our Terms of Use and Honor Code very seriously, and we have no obligation to offer refunds to users who violate these or other DTD policies, even if their requests are made within the designated refund period. Similarly, we have no obligation to offer late refunds to users who do not receive a passing mark in a Content Offering, or who are otherwise unsatisfied with their final grade.

For One-time Course and Specialization Purchases

If you cancel your paid enrollment for a standalone course, DTD will offer you a complete refund until 3 days after payment, or until you have earned your course certificate, whichever is earlier.

If you pre-enroll and pay for a course, DTD will offer you a complete refund until 3 days after the course launches or until you have earned your course certificate, whichever is earlier. For avoidance of doubt, once you have earned a course certificate with your payment, you are not eligible for a refund even if it is within 3 days. If you do not earn your course certificate within designated course period (notification of course period sent via registration email), your registration will expire and you will need to pay to re-enroll for the course. However, if you’re taking a course through your company, organization, or a DTD sponsored program then you can earn your certificate as long as your company's contract with DTD is active and your access has not expired in accordance with the terms of that contract or DTD is still running a sponsored program. Similarly, refunds and cancellations will also be governed by the terms of that contract between your organization and DTD.

COPYRIGHT AND TRADEMARK POLICY

Effective as of October 7, 2021.

DTD respects the intellectual property rights of our Content Providers, instructors, users, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

If you believe in good faith that materials on the DTD platform infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the platform are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DTD to locate the material on the platform;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:

via mail: Digital Theatre Design, LLC. c/o Matthew J. Youssef, Esq. Niles, Barton & Wilmer, LLP. 111 South Calvert Street, Suite 1400. Baltimore, Maryland 21202.
via email: designwithprocreate@gmail.com.

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

DTD also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by DTD in its sole discretion. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at designwithprocreate@gmail.com and we will review your submission. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.