By clicking “Sign up” or any other phrase on the purchase button, entering your PayPal account data or credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Member”) agree to receive products, programs, or services as part of Krzysztof Kowalski’s website (“Membership”), operated by Krzysztof Kowalski (“Owner”) on behalf of Krzysztof Kowalski (“Company”). You are entering into a legally binding agreement with Krzysztof Kowalski, subject to the following terms:
1. Terms of Membership
1.1. Upon purchase and execution of this Agreement, the Member will receive the following content and/or services, as detailed on the Website and selected prior to purchase, for their personal, non-commercial use. These may include but are not limited to newsletters and emails, video tutorials, reference photos, material lists, access to a private Facebook group, and any other content from Krzysztof Kowalski’s Website (“the Services”).
1.2. Members are not guaranteed direct feedback on any paintings or comments they post on the Website or Facebook group from Krzysztof Kowalski.
1.3. Krzysztof Kowalski reserves the right to substitute Services with others of equal or comparable value if reasonably required by prevailing circumstances.
1.4. Additional Services may be offered to Members from time to time for an extra fee.
1.5. Members will retain access to Krzysztof Kowalski’s Membership for the duration of their current subscription.
1.6. Krzysztof Kowalski reserves the right to cancel or terminate a Member’s access to the Website without prior notice if they fail to comply with these Terms of Purchase. If a member’s payment fails twice, their subscription will be canceled and access to the Membership will be restricted.
1.7. If Krzysztof Kowalski decides to terminate Krzysztof Kowalski’s Website, Members will receive at least sixty (60) days’ notice.
1.8. Members can cancel their membership at any time by sending a written request via email to Krzysztof Kowalski, or directly through their private PayPal or Stripe account settings. Cancellation will take effect at the next billing cycle.
2. Intellectual Property Rights
2.1. Paintings created by students through Krzysztof Kowalski’s video tutorials or based on his free reference photos are considered ‘Derivative Works’, and the copyright remains with Krzysztof Kowalski and any other photographers whose work has been used.
2.2. Students may share photographs/scans of their paintings created from Krzysztof’s video tutorials and free reference photos online, provided they agree to point 6. Karma-Balancing Act (Avoiding Copyright Infringement) of the Terms and Conditions.
2.3. Students may sell physical paintings created from Krzysztof’s video tutorials and free reference photos (e.g., in local art exhibitions), but must agree to point 6. Karma-Balancing Act (Avoiding Copyright Infringement) of the Terms and Conditions.
2.4. Students can reproduce their own paintings for commercial use (e.g., printing them on birthday cards), but must agree to point 6. Karma-Balancing Act (Avoiding Copyright Infringement) of the Terms and Conditions.
2.5. To credit Krzysztof, simply tag or mention “@esperoart” or “Krzysztof Kowalski” whenever displaying a painting based on the school’s tutorials. For example:
Painting based on a tutorial by @esperoart.
Work inspired by #esperoart tutorial.
Painting based on a tutorial by Krzysztof Kowalski Watercolors.
2.6. All copyright and intellectual property rights in the Material specifically created for Members as part of this Membership (including video tutorials, documents, or other content) remain with Krzysztof Kowalski. This Agreement does not transfer ownership of or rights to any intellectual property to the Member, except as expressly stated herein.
2.7. Krzysztof Kowalski retains copyright of the reference photos provided for project purposes, unless otherwise specified. Some reference photos may be sourced from other photographers under the CC0 Creative Commons license, such as from websites like Pixabay and Paint My Photo, where photographers permit use of their photos as artistic references.
3. Payment
3.1. Upon executing this Agreement, the Member agrees to pay Krzysztof Kowalski the purchase amount as stated on the Krzysztof Kowalski’s Website or via a sales promotion.
3.2. The Member agrees to provide us with true, accurate, and complete information required during the sign-up process (“Subscription Data”), including their legal name, address, telephone number, email address, and applicable billing information.
3.3. The Member agrees to maintain and promptly update the Subscription Data and any other information provided to us.
3.4. If the Member provides information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect so, we reserve the right to suspend or terminate the Member’s subscription, and if applicable, their user account.
3.5. We may also refuse any current or future use and/or access by the Member to the Website.
3.6. Credit Card Authorization: Each party acknowledges that Krzysztof Kowalski will charge the credit card or PayPal account chosen by the Member on the renewal date for the specified amounts.
3.7. The Member agrees not to assign, transfer, or sublicense their rights as a subscriber.
3.8. Krzysztof Kowalski reserves the right to increase fees or institute new fees at any time, with advanced notice communicated to the Member via email.
3.9. If the Member is unsatisfied with the offerings on Krzysztof Kowalski’s Website and requests a refund within 7 days of their purchase, they will be refunded.
3.10. Refunds requested after 7 days are at the discretion of Krzysztof Kowalski.
4. Subscription Renewal
4.1. When you sign up for membership on this site, you create a subscription that automatically renews every 30 days from the date of your initial payment. This ensures uninterrupted access to our content and services.
4.2. Billing Cycle Clarification: Each monthly subscription period renews every 30 days from the date you initially signed up and made your payment. This means your subscription does not adhere to a calendar month cycle but rather from the specific date of your payment. For example, if you signed up on March 17, subsequent renewals will occur on approximately the same day each month (e.g., April 17, May 17, etc.).
5. Cancellation Policy
5.1. You may cancel your membership at any time.
5.2. To cancel, you can do so through your Membership Account dashboard, your private PayPal or Stripe dashboard (depending on your chosen payment method), or by informing Krzysztof Kowalski via email at chris@esperoart.com.
6. Refund Policy
6.1. If the Member is unsatisfied with the offerings on Krzysztof Kowalski’s Website and requests a refund within 7 days of their purchase, they will be refunded.
6.2. Refunds requested after 7 days are at the discretion of Krzysztof Kowalski.
7. Disclaimer
7.1. By participating in the Membership, the Member acknowledges that Krzysztof Kowalski makes no guarantees regarding the outcome of any Services, sessions, teachings, or modules accessed through this Membership. The Member acknowledges that Krzysztof Kowalski does not warrant the accuracy of any information provided and is not liable for any losses the Member may incur by relying on modules, content, videos, services, or products.
7.2. Any testimonials or examples shown on the esperoart.com website are provided as examples of what may be achievable. There is no assurance as to any particular outcome based on the use of the Membership and/or Services. The Member acknowledges that Krzysztof Kowalski has not and does not make any representations regarding the success of any kind that may result from the use of its video tutorials, products, or Services.
7.3. Krzysztof Kowalski may provide the Member with information regarding products believed to be beneficial. Krzysztof Kowalski is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. Krzysztof Kowalski may also recommend third-party services such as photography, marketing, technology, business, health, or related services. In cases where Krzysztof Kowalski has affiliate relationships with certain third-parties, the Member will be informed. The Member agrees that these are solely recommendations and Krzysztof Kowalski will not be held liable for the services provided by any third-party to the Member.
8. Limitation of Liability
By using Krzysztof Kowalski’s services and purchasing this Membership, you agree to accept all risks, both foreseeable and unforeseeable. Krzysztof Kowalski will not be liable for any damages arising from the use of the Membership, including but not limited to direct, indirect, incidental, special, negligent, consequential, or exemplary damages. Your use of this Membership is at your own risk.
9. Notices
All written notices, requests, demands, and other communications under this Agreement should be sent to chris@esperoart.com.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties and replaces all prior agreements, whether written or oral.
Last updated: June 15, 2024.