PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. SILHOUETTE & SHADOW RESERVES THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE.
These terms of use (the “Terms of Use”) apply to your access to, and use of, all or part of websites, online applications, or other products and services offered by Silhouette & Shadow which reference these Terms of Use (the “Site(s)”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Silhouette & Shadow for products, services, or otherwise
Intellectual Property
Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video within this site are the trademarks, service marks, trade names, copyrights or other property of Silhouette & Shadow ("Silhouette & Shadow’s Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Except as permitted herein, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Silhouette & Shadow’s Intellectual Property in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Silhouette & Shadow prior written consent. The use of Silhouette & Shadow’s Intellectual Property on any other website or network computer environment is not allowed. Silhouette & Shadow prohibits the use of Silhouette & Shadow’s Intellectual Property as a “hot link” on or to any other website unless establishment of such a link is approved in advance. Nothing contained on the Site(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Silhouette & Shadow’s Intellectual Property displayed on the Site(s) without the written permission of Silhouette & Shadow.
The entire content of the Site(s), including all HTML code, scripts, data, text, graphics, logos, button icons, images, photography, video, and software, is copyrighted and protected by worldwide copyright laws and treaty provisions. The following copyright notice applies to all proprietary material available throughout the Site(s):
©2022 Silhouette & Shadow
Use of the Site(s)
Silhouette & Shadow maintains the Site(s) for the use of its members and subscribers. Except as set forth below, no user may distribute, modify, transmit, reuse, re-post, or use the content of the Site(s) for public or commercial purposes, including the text, images, audio and video, without Silhouette & Shadow’s written permission. Except as authorized under copyright law and set forth herein, you are responsible for obtaining permission to use any material displayed on the Site(s) owned by any party other than Silhouette & Shadow. If you seek to know who the copyright holder is for a specific photograph, illustration, or video, please contact us, and we will provide you with that information. Any communication or material you transmit to the Site(s) by e-mail or otherwise, including any data, questions, comments, suggestions is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be edited by or on behalf of Silhouette & Shadow, may or may not be posted to this site at the sole discretion of Silhouette & Shadow, and may be used by Silhouette & Shadow for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Silhouette & Shadow is free to use any ideas, concepts, or techniques contained in any communication you send to the Site(s) for any purpose including, but not limited to, developing, manufacturing and marketing products using such information.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site(s) for any purpose without Silhouette & Shadow’s express written permission. You also agree that you will not frame, inline link, or utilize other techniques to associate or juxtapose any of Silhouette & Shadow’s trademarks, logos, or other materials with advertisements and/or other information not originating from the Site(s). Additionally, you agree that you will not: (a) take any action that, in Silhouette & Shadow’s sole discretion, imposes, or may impose an unreasonable or disproportionately large load on Silhouette & Shadow infrastructure; (b) interfere or attempt to interfere with the proper working of the Site(s) or any activities conducted on the Site(s); or (c) bypass any measures Silhouette & Shadow may use to prevent or restrict access to the Site(s).
The following provisions apply to the use of the Site(s) by particular users:
(a) Artists
Artist members of the Site(s) are intended to attend Silhouette & Shadow’s virtual drawing sessions and view our reference library. Artist members may also use the Site(s) to attend sessions of other users on the site, as well as find art Models to work with and purchase reference material from these Models featured on the Site(s).
Artist members agree to the following specific terms of use:
- Artist is permitted to create original works of art depicting the Model(s) featured during Silhouette & Shadow’s sessions featured on the Site(s).
- Artist is permitted to capture screenshots during a drawing session for their own personal artistic use.
- Artist shall have a limited license to use screenshots from drawing sessions and reference material purchased from a Model on the Site(s). Such license shall entitle Artist to create one electronic copy of the reference material for personal Artist use and shall constitute permission to Artist to create drawings, paintings, or sculptures based on such reference material. The creation of digital compositions, collages, photographs, and other kinds of artworks and reproductions of the reference material by Artist are prohibited.
- All right, title, and interest to the copyright in any Artwork created by Artist pursuant to the terms of these Terms of Use is solely owned by the Artist.
- Artists are not permitted to share imagery from the site, including screenshots or reference material, with anyone else. For example, if they an Artist purchases a reference from a Model or takes a screenshot from a drawing session, Artist is not allowed to share this imagery with anyone else either in physical or digital form or online.
- Imagery on the Site(s), screenshots of sessions, and reference photographs obtained from Models are permitted as references for artistic use only - no direct copying or reproduction of the digital copy is permitted, in whole or in part. For example, if Artist takes a screenshot during a session, neither that image or any portion thereof may be incorporated into a digital composite, collage, or other work of digital art, even if modified or manipulated.
- If Silhouette & Shadow identifies images or works created in violation of these Terms of Use, Silhouette & Shadow reserves to the right to terminate the access to the Site(s) of the person(s) responsible and to pursue any available legal action.
- When signing up for and attending sessions organized by other members of the Site(s), Silhouette & Shadow is not responsible for the content, price, or experience provided. Information to contact an organizer is found on their respective event page.
- Silhouette & Shadow cannot guarantee that sessions will take place; sometimes problems arise, and sessions are cancelled or postponed with little or no notice. While users will be reimbursed for cancelled or postponed sessions, Silhouette & Shadow cannot guarantee that all sessions will occur as scheduled.
- Silhouette & Shadow is not responsible for educating artists on how to use Zoom.
- Should Artists fail to read the instructions on how to join Silhouette & Shadow sessions, which are clearly set forth in emails sent by Silhouette & Shadow and on the Site(s), Silhouette & Shadow is not obligated to refund Artists who do not read and/or follow these instructions. Refunds are available at Silhouette & Shadow’s discretion.
- Silhouette & Shadow does not allow refunds for time periods during which an Artist did not attend sessions and/or use their subscription.
- Silhouette & Shadow does not offer refunds on sessions Artist failed to attend and/or did not enjoy.
(b) Models
Models use our site to book sessions with Studios and represent themselves through a profile available to the users of the Site(s) and the art community. Models also use the Site(s) to sell reference imagery to Artists.
Model members agree to the following specific terms of use:
- By using our site, Model gives their consent to use their image and likeness in the artworks created by the Artists authorized to participate in the sessions booked by the Model.
- Silhouette & Shadow cannot guarantee that a Model’s imagery/likeness will not be taken from the Site(s) and shared elsewhere in violation of these Terms of Use. Silhouette & Shadow is not responsible or liable for violations of a model’s right of privacy, right of publicity, defamation, or any other action causing damage to Model through the sharing of such imagery.
- Silhouette & Shadow cannot guarantee attendance for sessions that Model lists on the Site(s).
- Models may utilize the Site(s) to sell tickets and provide access to their own self-moderated sessions. Apart from providing the online platform to enable such sessions through the Site(s), all other aspects of self-moderated sessions are the responsibility of the Model.
- Model is responsible for the management of their relationship with Stripe (the payment processor on the Site(s)) and the management of Model’s account with Stripe.
- Silhouette & Shadow is not responsible for the management of Model’s profile(s) on the Site(s). Model is responsible for providing their tipping link, social links, etc.
- Each model is an independent contractor, and no employment relationship exists between Silhouette & Shadow and any Model. Silhouette & Shadow does not guarantee to Model any work or bookings through the Site(s) or otherwise.
- Model acknowledges and understands that they will appear on the Site(s) for purposes of, inter alia, being depicted by Artists. Model agrees and understands that they shall have no copyright, right of publicity, right of privacy, or any other interest in or to any work created with their image or likeness in any media throughout the world in connection with their appearance and consistent with these Terms of Use. Model shall be entitled to no further compensation in connection with the sale, licensing, display, reproduction, promotion, or any other use of such work.
- The use of the Site(s) to enable Model to sell reference imagery to Artists shall not be understood to convey any copyright interest in such images or photographs.
- All right, title, and interest in any copyright in any photographs taken by Silhouette & Shadow of the Model, including but not limited to reference photos, shall remain the sole property of Silhouette & Shadow.
- Model represents and warrants that they are over the age of 18.
(c) Studios
Studios representing one or more Models may use the Site(s) to offer Studio’s own drawing sessions and reference material. Using the Site(s), a Studio is able to create events, sell tickets, issue session links. A Studio may also sell reference material through its profile.
Studio members agree to the terms of use contained in subsection (b) above relating to Models and to the following additional terms of use:
- Silhouette & Shadow is not responsible for the success of Studio’s events or to communicate with Studio’s Artist attendees.
- It is the Studio’s responsibility to communicate to Artists how to attend the session, login, use Zoom.
No Warranties; Limitation of Liability
THE SITE(S) AND THE INFORMATION CONTAINED THEREON ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Silhouette & Shadow does not warrant the accuracy or completeness of the information, prices, materials, or services provided on or through the Site(s). The information, prices, materials, and services provided on or through the Site(s) may be out of date or subject to change by the users of the Site(s), and Silhouette & Shadow does not make any commitment or assume any duty to update such information, prices, materials, or services.
Silhouette & Shadow also assumes no responsibility, and shall not be liable for any damages to or viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing in the Site(s) or your downloading of any material, data, text, images, audio, or video from the Site(s) or any linked sites. Silhouette & Shadow does not guarantee continuous, uninterrupted, or secure access to the Site(s) or services, and operation of the Site(s) may be interfered with by numerous factors outside of Silhouette & Shadow’s control.
In no event will Silhouette & Shadow or any other party involved in creating, producing, maintaining, or delivering the Site(s), or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, the Site(s). You specifically acknowledge that Silhouette & Shadow shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party, including Models, Artists, and Galleries, and that the risk of harm or damage from the foregoing rests entirely with you. In no event shall Silhouette & Shadow’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed twenty-five dollars ($25.00).
The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by Silhouette & Shadow do not imply endorsement of that product, publication or site. From time to time, the Site(s) may contain links to websites that are not owned, operated, or controlled by Silhouette & Shadow. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site(s). We are not responsible for any content, materials, or other information located on or accessible from any other website, nor any products or services that you buy from any other websites. Silhouette & Shadow does not review all content, material, and information linked to the Site(s) and is not responsible for it. Silhouette & Shadow does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites. Linking to any other site is at your own risk.
Communications with the Site(s)
Where Silhouette & Shadow has specifically invited or requested submissions from users of the Site(s) or related sites, such user submissions remain the intellectual property of the individual user. By posting user submissions on the Site(s), you expressly grant Silhouette & Shadow a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such user submissions and your name, voice, and/or likeness as contained in your user submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such user submissions are deemed non-confidential, and Silhouette & Shadow shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any user submission.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Silhouette & Shadow may reject any submissions or postings in which it believes, in its sole discretion, that any such activities have occurred. Silhouette & Shadow will fully cooperate with any law enforcement authorities or court order requesting or directing Silhouette & Shadow to disclose the identity of or help identify or locate anyone posting any such information or material.
Although Silhouette & Shadow may monitor or review discussion, chats, postings, transmissions, or bulletin boards on the Site(s), Silhouette & Shadow is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site(s). Silhouette & Shadow assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of the Site(s).
You further understand and agree that sending unsolicited e-mail advertisements to the Site(s) or any user of the Site(s) or through voice computer systems is expressly prohibited. Any such unauthorized use of Silhouette & Shadow computer systems is a violation of these terms and applicable “anti-spam” laws. In addition to any remedies that Silhouette & Shadow may have at law or in equity, if Silhouette & Shadow determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, Silhouette & Shadow may take any action it deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from the Site(s).
Privacy Policy
If you utilize the Site(s), you shall be bound by the Privacy Policy referenced on it.
Indemnity
You agree to defend, indemnify, and hold Silhouette & Shadow harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Site(s) or your placement or transmission of any message or information on or to the Site(s) by you or your authorized users; (b) your violation of any of these terms, including without limitation, your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (c) your violation of any law, rule, or regulation of the United States or any other country; or (d) any claim or damages that arise as a result of any user submission that you provide to Silhouette & Shadow.
Governing Law
The Site(s), excluding linked sites, is controlled by Silhouette & Shadow from its offices in the State of Illinois, United States of America. By your browsing in and use of the Site(s), you agree that the statutes and laws of the United States and the State of Illinois will apply to all matters regarding use of the Site(s), notwithstanding any principles of conflicts of law. The Site(s) may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Silhouette & Shadow intends to make such products or services available in such countries.
General
If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms may be automatically assigned by Silhouette & Shadow in its sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Silhouette & Shadow failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at info@silhouetteandshadow.com.