Terms & Conditions

Last updated: November 23rd, 2021

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://creatureartteacher.com website (the “Service”) operated by The Art of Aaron Blaise, LLC. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Shipping Terms & Policy

NOTICE: Due to the current global pandemic, INTERNATIONAL ORDERS may be subject to very lengthy delays. Most of these orders require inspection upon arrival. This time requires the parcel to be scanned in, inspected, and granted final delivery clearance. Import taxes may also apply depending on the receiving country. Delays may also occur with DOMESTIC ORDERS, typically due to transit reroutes. Please keep this in mind if your order is time-sensitive.

If you wish to purchase any physical product or merchandise made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

We process average size orders within 72 hours of receipt (on business days). The cause for delay on this timing would be if an item is on backorder from our supplier or shipping delays beyond our control. Should this ever be the case, we will contact you via email.

In most cases, we utilize the U.S. Postal Service for all domestic and international shipments. The rates for this service (based on global region) will vary based on proximity to the United States. Keep in mind production time, holidays when the USPS does not deliver, and the possibility of a Customs related delay outside the United States.

International Orders Disclaimer: 

By ordering from a country from outside the United States, you’re doing so at your own risk. If you live in a country that has a reputation of disallowing imports to pass through customs without issue, you are assuming the risk of whether you receive your order as expected. We cannot control the practices of international Customs criteria, nor can we intervene when a problem has arisen. Any added taxes, or ‘VAT’ applied by customs on the receiving end is the responsibility of the buyer. If you have a request for us to help avoid such taxes, please let us know at the time of your order. You may contact us at the following email address: [email protected]

Common Shipping Issues/Questions: 

What if I ordered with the wrong shipping address?

By policy, we only ship to the address input by the customer. If you ordered in error, please notify us immediately and we will cancel and refund the order. You may then place a new order with an amended address. If the parcel has already shipped, we then await the return of the merchandise to consider next steps. The customer may then pay postage for a repeat attempt on shipping, or receive a refund minus the cost to ship the first parcel. In some cases where we can verify customer identity we may update the shipping address on file.

Items Not Received

In the event that an order does not arrive within the specified timetable (noted above), please refer to your tracking information which is sent via automated email at the time of shipment. You may need to check your SPAM folder if you do not find the notification within your email inbox. You also need to verify that the email address within your PayPal account is the same as the one you use regularly. Please also take into account holiday order volume and weekends when considering delays. If the tracking indicates the order is being returned to us, we will notify you of next steps upon the receipt of the returned order.

Customs inspections (on international orders) must also be considered for such delays. These delays may vary depending on the inbound country. We have no control over this scenario, and therefor refuse requests to contact Customs seeking explanation or updates.

In the rare event that items are lost in transit, we deem them as such upon the 60th day from the date the order was shipped. At this point, we will credit a refund (on the goods only) before 65 days. We will not, however, re-ship a second order, as the address in question is concluded as problematic. The first step in determining the reason for a non-delivery is to check the order address to confirm accuracy,

PAYPAL NOTE: Orders not received must be reported (to The Art of Aaron Blaise) by 60 days from the date of purchase in order to be covered under PayPal’s buyer protection insurance. Please email us at: [email protected] to do so. Orders not reported within this 60-day time frame will not be eligible for a refund.

Items not received but marked as “Delivered” by carrier tracking

The first thing to do is make sure the delivery address is correct and current. Next, contact your LOCAL post office as well as inquire with your postal carrier with your tracking number results. Unfortunately, we are NOT responsible for orders that are marked as delivered. We cannot reimburse OR re-ship orders that were mis-delivered by the post office or stolen from a property. Thank you for understanding! Package theft is more of a common problem around the holiday season. We urge all customers to have orders shipped to a secure location to avoid any possibility of theft at the hand of ‘porch pirates’

Use of Brush Files in Personal or Commercial Work

With purchase, we grant you limited usage rights of any brush files and texture assets available on this website.

  • You MAY use brush files in your personal work AND on professional/commercial projects.
  • A credit to us is NOT required but is always appreciated.
  • You MAY NOT re-sell or re-distribute any files provided to you from this website for any reason to any 3rd parties.

Use of Photo Reference Packs for Personal or Commercial Work

With purchase, we grant you limited usage rights of any PHOTO REFERENCE PACK images available on this website.

  • You MAY use images files as reference for personal  work AND on professional/commercial projects.
  • A credit to us is NOT required but is always appreciated.
  • You MAY NOT re-sell or re-distribute any files provided to you from this website for any reason to any 3rd parties.
  • The Art of Aaron Blaise, LLC retains the copyright to all the images included in the photo packs. YOU retain the copyright to your works that you produce based on the images.

Classroom or Bulk Use of Videos & Other Files/Assets

All files, assets, lessons & videos on this site are for your INDIVIDUAL USE ONLY.
You may not share or transmit any files, videos, brushes or assets with ANY 3rd parties.

We do make occasional exceptions for educational purposes. If you would like to apply to use our courses for your class, institution or group please APPLY HERE – All requests are handled on a case-by-case basis.

Bulk Discounts

If would like to use our videos or files in your institution, school, studio or business for more than one user we do have bulk discount options available. Please APPLY HERE if you are interested.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

WARRANTY

All products including Video files, Photoshop Brushes and bonus materials are sold in the hope that they will be useful, but without any warranty.  We do not guarantee they will function with all third party software programs, video players or web browsers.

We want our files and videos to work for you though. So if you have any playback or usage issues please read our HELP PORTAL Answers to many common issues can be found there. If you still have any problems please feel free to CONTACT US.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or The Art of Aaron Blaise, LLC. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting The Art of Aaron Blaise, LLC. customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide The Art of Aaron Blaise, LLC. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize The Art of Aaron Blaise, LLC. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason your subscription will be placed “ON HOLD” and you may not be able to access site content. The Art of Aaron Blaise, LLC. will attempt to re-process the payment for a period of seven (7) days. After that time your account may be terminated.

Free Trial

The Art of Aaron Blaise, LLC. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by The Art of Aaron Blaise, LLC. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, The Art of Aaron Blaise, LLC. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

The Art of Aaron Blaise, LLC., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

The Art of Aaron Blaise, LLC. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions and/or Purchases may be considered by The Art of Aaron Blaise, LLC. on a case-by-case basis and granted at the sole discretion of The Art of Aaron Blaise, LLC.

Due to the nature of the majority of our items being available immediately for digital download there is no way to “return” the items. If you download them before requesting a refund it is likely to be denied. You may want to STREAM your purchases first if you wish to review them.

Monthly Streaming Membership payments typically will not be refunded. If you request a refund we can cancel your plan going forward only. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched content.

For any purchases made via the Creature Art Teacher App available through the Apple App Store (HERE) any refund requests must be made by contacting Apple Customer Support. We cannot process any such refunds.

Accounts

When you create an account with us, you guarantee that you are of legal age based on your local laws, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

CANCELLATIONS AND TERMINATION

In cases of purchase where fraud is suspected, we reserve the right to suspend and/or cancel the license for an indefinite period without notice or consent.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Monthly/Annual Memberships: You can cancel your membership at any time, and you will continue to have access to the service through the end of your billing period.

Intellectual Property & Ownership

The Service and its original content, features and functionality are and will remain the exclusive property of The Art of Aaron Blaise, LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Art of Aaron Blaise, LLC..

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by The Art of Aaron Blaise, LLC.

The Art of Aaron Blaise, LLC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that The Art of Aaron Blaise, LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless The Art of Aaron Blaise, LLC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall The Art of Aaron Blaise, LLC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Art of Aaron Blaise, LLC. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

GDPR Compliance

If you are a citizen of or customer located in the European Union (EU) please read our PRIVACY POLICY. We make every effort to be in full compliance with GDPR requirements. Privacy questions may be sent to [email protected]

CCPA Compliance

If you are a citizen of or customer located in the state of California, USA please read our PRIVACY POLICY. We make every effort to be in full compliance with GDPR requirements. Privacy questions may be sent to [email protected]

LGPD Compliance

If you are a citizen of or customer located in the country of Brazil please read our PRIVACY POLICY. We make every effort to be in full compliance with GDPR requirements. Privacy questions may be sent to [email protected]

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

ACCEPTANCE & PRIVACY POLICY

By purchasing our product(s)  and/or using this website you indicate that you have read the terms and conditions detailed on this page and accept them. You also agree that you have read and understand our PRIVACY POLICY and give your consent.

SEVERABILITY

If any part of this agreement is deemed unlawful, unenforceable or void, that portion shall be stricken from the agreement. All remaining clauses will remain binding on the customer.

Contact Us

If you have any questions about these Terms, please contact us using the support form HERE.