TERMS AND CONDITIONS OF USE FOR TRAINING FOR COMICS
Effective Date: 07/08/2020
1. INTRODUCTION AND ACCEPTANCE OF TERMS
Welcome to Training For Comics, a service provided by TFC Group, LLC (“we”, “our”, “the Company”, “TFC”). By accessing or using our website, located at https://trainingforcomics.com, our associated services, content, and any mobile application (collectively, the “Service”), you (“User”, “you”, “your”) agree to be legally bound by these Terms and Conditions of Use (“Terms”). If you do not agree to these Terms, you should not access or use our Service.
BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
2. DEFINITIONS
2.1 “Content” refers to all visual, textual, auditory or interactive material available through the Service, including but not limited to drawing lessons, tutorials, courses, and any other educational material.
2.2 “Membership” refers to the subscription that allows access to the Service’s Content during the active subscription period.
2.3 “One-time purchase product” refers to any Content or service that is purchased with a single payment and remains accessible in the user’s account indefinitely, subject to the conditions specified in these Terms.
2.4 “User”, “you” or “your” refers to any individual or entity that accesses or uses the Service.
2.5 “User Data” refers to any information you provide or that is collected about you in connection with your use of the Service.
3. SERVICE DESCRIPTION
3.1 Training For Comics is an online learning platform designed to teach and improve drawing skills. We offer a variety of products and services, including:
3.2 Access to Content is subject to payment of applicable fees and compliance with these Terms.
3.3 We reserve the right to modify, suspend or discontinue any aspect of the Service at any time, with or without prior notice.
4. CONTENT QUALITY AND TECHNICAL REQUIREMENTS
4.1 The image quality of Training For Comics content may vary depending on the device and may be affected by various factors such as location, available bandwidth, and internet connection speed.
4.2 A minimum connection speed of 5 Mbps is recommended for optimal experience. TFC Group, LLC is not responsible for quality degradation due to slow or unstable internet connections.
4.3 All internet access charges will be borne by the user.
5. ACCOUNT REGISTRATION AND ELIGIBILITY
5.1 To use certain aspects of the Service, you must register an account. You agree to provide accurate, current, and complete information during the registration process and to keep such information updated.
5.2 You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
5.3 You must be at least 18 years of age or the legal age of majority in your jurisdiction to create an account. If you are under 18, you must have permission from a parent or legal guardian to use the Service, and they must agree to be bound by these Terms on your behalf.
5.4 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
5.5 The account holder is responsible for maintaining the confidentiality of their password and controlling access to their account. The account holder agrees to be solely responsible for all activities that occur under their account and to immediately notify TFC Group, LLC of any unauthorized use.
6. MEMBERSHIP PLANS AND BILLING
6.1 Subscription Memberships
6.2 One-Time Purchase Products
6.3 Special Promotions
6.4 Price Modifications
TFC Group, LLC reserves the right to modify the prices of any recurring subscription at any time. Price changes will take effect in the next billing period after notification to the user.
6.5 Automatic Renewals
All subscriptions, whether monthly or annual, will automatically renew at the end of each subscription period, unless cancelled by the customer before the renewal date. It is the sole responsibility of the customer to cancel their subscription if they do not wish it to renew. TFC Group, LLC is not obligated to send reminders or prior notifications of renewal. By continuing to use the Service after a renewal, you agree to pay the applicable renewal fees. No refunds will be offered for automatic renewals once processed.
7. CANCELLATIONS AND REFUNDS
7.1 Membership Cancellation
7.2 Refund Policy
7.3 Refunds for one-time purchase products:
7.4 Limitations
8. USE RESTRICTIONS
8.1 You agree not to:
9. PRIVACY AND DATA PROTECTION
9.1 Our Privacy Policy, which is incorporated into these Terms by reference, describes how we collect, use, and share your personal information and other User Data. By using our Service, you consent to the collection and use of this information in accordance with our Privacy Policy.
9.2 You acknowledge and agree that use of the Service necessarily involves transmission of User Data over networks that are not owned, operated or controlled by us, and you acknowledge that we are not responsible for any of your User Data that are lost, altered, intercepted or stored across such networks.
9.3 We do not guarantee that User Data will not be intercepted, deleted, destroyed or used by others. You acknowledge that, due to the inherent nature of the Internet, your User Data may be susceptible to security breaches and that the security of transmissions over the Internet is uncertain. You expressly agree to assume the risk of any unauthorized access to your User Data when using the Service.
9.4 Although TFC Group, LLC is based in the United States, we strive to comply with the principles of the EU General Data Protection Regulation (GDPR) as best practice.
9.5 If you are in the European Union, European Economic Area, or any other jurisdiction with similar data protection laws, you agree that the transfer, processing, and storage of your personal data is carried out in the United States, which may have different data protection standards.
9.6 By using our Service, you explicitly consent to this transfer, processing, and storage of your personal data.
10. DISCLAIMER OF WARRANTIES
10.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
10.2 TFC Group, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.3 TFC Group, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES IT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.
11. LIMITATION OF LIABILITY
11.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TFC Group, LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
11.2 IN NO EVENT SHALL TFC GROUP, LLC’S TOTAL LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless TFC Group, LLC, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any claim, action, loss, liability, damage, expense, demand, and cost of any kind, including but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of or related to: (1) your use, misuse or attempted use of the Service, (2) information you submit or transmit through the Service, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third party.
13. DISPUTE RESOLUTION AND ARBITRATION
13.1 Dispute Resolution Agreement. You and TFC Group, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the use of the Service (collectively, “Disputes”) shall be resolved pursuant to the process set forth in this section.
13.2 Escalated Dispute Resolution Process:
13.3 Arbitration. The arbitration will be conducted by a single neutral arbitrator with substantial legal experience. TFC Group, LLC will provide you with a list of at least three potential arbitrators, from which you may strike one. The remaining arbitrator(s) will be ranked by both parties, and the highest-ranked arbitrator will preside over the proceeding. If you do not respond to the list within 14 days, TFC Group, LLC may select the arbitrator from the list provided.
13.4 Arbitration Rules. The arbitration shall be conducted in accordance with the commercial arbitration rules of a reputable arbitration association, as selected by TFC Group, LLC. The specific rules will be provided to you along with the list of potential arbitrators.
13.5 Venue and Language. Any arbitration shall take place in the county where you reside or at any other mutually agreed location. The arbitration shall be conducted in the English language unless both parties agree otherwise in writing.
13.6 Arbitration Costs. The costs of arbitration, including the arbitrator’s fees, shall be split equally between the parties unless the arbitrator determines the claim is frivolous or brought in bad faith, in which case the party bringing the claim shall be responsible for all arbitration costs.
13.7 Class Action Waiver. YOU AND TFC GROUP, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT COMBINED WITH ANY OTHER PROCEEDING.
13.8 Limitation of Actions. Any cause of action or claim you may have with respect to the use of the Service must be commenced within one (1) year after the cause of action arises; otherwise, such cause of action or claim is permanently barred.
13.9 Governing Law and Jurisdiction. These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding not subject to arbitration must be commenced exclusively in the state or federal courts located in Delaware, and you and TFC Group, LLC consent to the jurisdiction of such courts.
13.10 Opt-out. You may opt out of this dispute resolution agreement by sending written notice to [email protected] within 30 days of the date you first accept these Terms. The notice must include your full name and a clear statement that you wish to opt out of the dispute resolution agreement.
13.11 Survival. This dispute resolution agreement survives the termination of these Terms and Conditions.
13.12 Severability. If any part of this dispute resolution section is found to be invalid or unenforceable, the remaining parts shall remain in full force and effect.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms and any dispute arising out of or related to them will be governed exclusively by the laws of the State of Delaware, United States, without giving effect to any principles of conflicts of law. You expressly agree to waive any right to invoke or apply the laws of any other jurisdiction, including but not limited to consumer protection laws of your country of residence.
14.2 You expressly agree that exclusive jurisdiction for any dispute with TFC Group, LLC, or in any way relating to your use of the Service, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Delaware in connection with any such dispute including any claim involving the company or its officers, employees, contractors, agents and/or suppliers, including disputes related to, or arising from, your use of the Service.
14.3 If any provision of these Terms is deemed invalid, illegal, or unenforceable for any reason by any court or arbitrator of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The parties agree to replace such invalid or unenforceable provision with a valid and enforceable provision that will achieve, to the extent possible, the original intention of the invalid or unenforceable provision.
15. CONTRIBUTOR PROTECTION
15.1 The artists and contributors providing content for Training For Comics are independent contractors and are not employees of TFC Group, LLC.
15.2 You agree not to contact, harass, defame, or attempt to directly communicate with any artist or contributor of Training For Comics for any reason related to the service, including but not limited to disputes, complaints, or refund requests.
15.3 All communications related to the service, content, or any dispute must be directed exclusively to TFC Group, LLC through the official customer service channels.
15.4 You expressly agree not to initiate any legal action, lawsuit, or claim of any kind against the artists or contributors of Training For Comics in relation to the content or services provided through the platform. Any legal dispute must be directed exclusively to TFC Group, LLC.
15.5 Any attempt to defame, harass, harm the reputation of, or initiate legal actions against the artists, contributors, or TFC Group, LLC, whether on social media, review platforms, or other means, will be considered a violation of these Terms and may result in immediate termination of your account and possible legal action.
15.6 TFC Group, LLC reserves the right to take legal action against any user who violates this contributor protection policy, including but not limited to seeking monetary damages and injunctive relief.
16. NON-DEFAMATION CLAUSE
16.1 You agree not to make defamatory, disparaging, or harmful statements about TFC Group, LLC, its representatives, employees, contributors, or the Training For Comics service on any medium, including but not limited to social media, review platforms, blogs, or any other public or private forum.
16.2 In the event of a dispute or complaint, you commit to resolving the matter through the official dispute resolution channels established in these Terms and Conditions.
16.3 TFC Group, LLC reserves the right to take legal action against any user who violates this non-defamation clause, including but not limited to seeking monetary damages and injunctive relief.
16.4 This clause is not intended to limit your right to express honest opinions about the service, as long as these are expressed in a respectful and non-defamatory manner.
17. INTERNATIONAL NATURE OF THE SERVICE
17.1 TFC Group, LLC provides a global service and these Terms apply to all users, regardless of their geographic location.
17.2 You acknowledge and agree that by using the Service from outside the United States, your personal data will be transferred to and processed in the United States, where our servers are located and where our central operation is performed.
17.3 By using the Service, you consent to this transfer and processing of your personal data to the United States, acknowledging that data protection laws in the United States may be different from those in your country of residence.
18. FORCE MAJEURE
TFC Group, LLC will not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay is caused by events beyond its reasonable control, including, but not limited to, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
19. CHANGES TO THE TERMS
TFC Group, LLC may change these Terms of use when necessary. In case of material changes, we will inform you at least 30 days in advance of such changes being applicable to you. If you do not wish to accept the changes, you may cancel your membership before they take effect. Your continued use of the Service after the changes take effect will constitute your acceptance of the revised Terms.
20. TERMINATION
20.1 TFC Group, LLC may, in its sole discretion, terminate or suspend your access to all or part of the Service, with or without prior notice, for any reason, including, without limitation, breach of these Terms.
20.2 Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
20.3 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.
21. NOTICES AND ELECTRONIC COMMUNICATIONS
All notices and communications related to your account will be made via email to the address you provided during registration, or by posting a notice on our website. You agree to receive all communications from TFC Group, LLC by electronic means and that such electronic communications satisfy any legal requirement for written communication. It is your responsibility to keep your contact information up to date and to regularly check the email associated with your account.
22. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any other legal agreements expressly incorporated by reference herein, constitute the entire agreement between you and TFC Group, LLC concerning the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and TFC Group, LLC with respect to the Service.
23. CONTACT
If you have any questions about these Terms, please contact us at:
TFC Group, LLC
2035 Sunset Lake Road, Suite B-2
Newark, Delaware 19702
Email: [email protected]
TFC Group, LLC Messaging Terms & Conditions
Effective Date: November 28, 2020
This SMS message program is a service of TFC Group, LLC. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from TFC Group, LLC. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give TFC Group, LLC permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. TFC Group, LLC reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. TFC Group, LLC also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. TFC Group, LLC, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
By enrolling in the TFC Group, LLC messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our TFC Group, LLC Terms of Use and TFC Group, LLC Privacy Policy.
Cancellation
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that TFC Group, LLC and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from TFC Group, LLC through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
No Warranty
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF TFC Group, LLC OR ANY PARTY ACTING ON BEHALF OF TFC Group, LLC BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO TFC Group, LLC HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF TFC Group, LLC HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE TFC Group, LLC MESSAGING PROGRAM. TFC Group, LLC AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
Indemnity
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless TFC Group, LLC, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from TFC Group, LLC or its service providers.
Dispute Resolution
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from TFC Group, LLC after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
Entire Agreement/Severability
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and TFC Group, LLC concerning the Messaging Program.
Contact
Please contact us with any inquiries or concerns at [email protected] or write to us at: 2035 Sunset Lake Road. Suite B-2., Newark, Delaware 19702.
TRAINING FOR COMICS PRIVACY POLICY
Effective Date: 07/08/2020
INTRODUCTION
At TFC Group, LLC (“we”, “our”, or “the Company”), we value and respect your privacy. This Privacy Policy describes how we collect, use, disclose, and protect your personal information when you use our website https://trainingforcomics.com and associated services (collectively, the “Service”).
INFORMATION WE COLLECT
2.1 Information provided by you:
2.2 Information collected automatically:
HOW WE USE YOUR INFORMATION
We use the collected information to:
LEGAL BASIS FOR DATA PROCESSING
We process your personal information based on the following legal grounds:
INFORMATION SHARING
We may share your information with:
We do not sell or rent your personal information to third parties.
Safeguards:
INTERNATIONAL DATA TRANSFERS
Your information may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal data, to the United States and process it there.
For data transfers from the EU to the United States, we implement the following safeguards:
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
DATA SECURITY
We implement technical and organizational security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or method of electronic storage is 100% secure.
DATA RETENTION
We retain your personal information only for as long as necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods include:
YOUR PRIVACY RIGHTS
Depending on your location, you may have certain rights regarding your personal data:
To exercise these rights, please contact us using the information provided at the end of this policy.
Data collection choices:
GDPR COMPLIANCE
Although TFC Group, LLC is based in the United States, we strive to comply with the principles of the EU General Data Protection Regulation (GDPR). If you are a resident of the European Union or European Economic Area, you have additional rights under the GDPR, including the right to lodge a complaint with a supervisory authority.
CHILDREN’S PRIVACY
Our Service is not directed to individuals under the age of 18. We do not knowingly collect personal information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us.
COOKIES AND SIMILAR TECHNOLOGIES
We use cookies and similar tracking technologies to track activity on our Service and hold certain information. This includes the use of tracking pixels (such as Meta Pixel, Google Ads Pixel, and TikTok Pixel) to measure the effectiveness of our advertising campaigns and track conversions. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
LINKS TO OTHER SITES
Our Service may contain links to other sites that are not operated by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “effective date” at the top.
CONTACT US
If you have questions about this Privacy Policy, please contact us at:
TFC Group, LLC
2035 Sunset Lake Road, Suite B-2
Newark, Delaware 19702
Email: [email protected]