Terms and Conditions

Introduction

Welcome to Melanie Furtado Sculpture Atelier. If you continue to browse or use the Sculpture Atelier website you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which govern our relationship with you in relation to your use of Sculpture Atelier (which includes the website, blog and community forum).

If you disagree with any part of these Terms, please do not use Sculpture Atelier.

The term ‘we’ means Melanie Furtado, (the owner and operator of the Sculpture Atelier website). Melanie Furtado is the owner and operator of the website www.sculptureatelier.com (the “Website”) and any related applications, features, services or tools available through it.

The term “you” refers to the user of Sculpture Atelier (and “your” will be construed accordingly).

Sculpture Atelier uses cookies. By using Sculpture Atelier and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our Cookies Policy and to the use of your information in accordance with our Privacy Policy.

Using Sculpture Atelier

The Website is aimed at art lovers and those wishing to learn how to sculpt in clay.

The Website offers free demos, art content, and art classes for artists and aspiring artists of all levels. If you wish to receive our newsletter, you will need to register your details on the Website.

To register, you must be over 18 years of age.

Our Website offers free content and tutorials, together with paid courses. Details of the courses available will be provided on the Website, together with the cost of those courses (where applicable).

If you choose to purchase a course from us, you will be required to make a one-off payment or a payment plan of your choosing. You will then be permitted to make unlimited use of the course (for your own personal viewing only). It is not permitted to share your user details or to allow anyone else to access any courses which are registered in your name. This would amount to an abuse of our Website and we reserve the right to terminate your access to the Website, or any course you have purchased, in such a case. We may also bring further legal claims if you have caused us a financial loss by such actions.

When purchasing one of our paid courses, please be aware that such courses and forums are hosted on a third party platform (we currently use Kajabi). You should therefore also make yourself aware of Kajabi’s terms of use and privacy policy at www.kajabi.com/policies.

Acceptable Use Policy

As a condition of your use of Sculpture Atelier, and our allowing you access to the Community Forum, you agree that you will comply with the following Acceptable Use Policy.

You agree that you will not:

breach any laws or regulations;
violate the posting rules (which may be given on the Website);
post any material which is deemed threatening, abusive, defamatory, obscene or indecent;
post or message any false or misleading material or message of any kind;
distribute viruses or any other technologies that may harm Sculpture Atelier or the interests of its users;
impose an unreasonable load on Sculpture Atelier technology or infrastructure;
distribute spam, chain letters, or promote pyramid schemes;
use any robot, spider, scraper or other automated means to access Sculpture Atelier without our express written permission;
interfere with the proper working of Sculpture Atelier;
collect information about other users of Sculpture Atelier, including email addresses, without their consent;
use any of Sculpture Atelier’s, content, materials, images, video, audio, podcasts, copyrights and/or trademarks without permission;
bypass measures designed to prevent or restrict access to certain parts of Sculpture Atelier;
sell any unlawful goods or otherwise infringe the copyright, trademark or other rights of third parties.
permit any third parties to use your login details.

We reserve the right at our discretion to refuse content that we may believe is inappropriate or is in breach of the above terms.

Unless otherwise stated, Melanie Furtado owns the intellectual property rights in Sculpture Atelier. Subject to the license below, all these intellectual property rights are reserved.

You may view, download and print Sculpture Atelier pages for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

Access to certain areas of Sculpture Atelier may be restricted. We reserve the right to restrict access to any areas of Sculpture Atelier, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of Sculpture Atelier or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password at our sole discretion without prior notice, if we believe you are making improper use of Sculpture Atelier. We also reserve the right to decline membership of our platform at our discretion.

You are responsible for all information that you submit to Sculpture Atelier and any consequences that may result from your message or post.

Sculpture Atelier reserves the right to upgrade and remove any features of the Website at any time.

Misuse of Sculpture Atelier

We aim to work together with the Sculpture Atelier community to keep Sculpture Atelier working properly and the community safe. Please report problems, offensive content and policy breaches to us by email at hello [at] sculptureatelier.com

We may at our discretion issue warnings, limit or terminate our service, or remove User Content and take technical and legal steps to keep users off Sculpture Atelier if we think that they are misusing Sculpture Atelier. However, whether or not we decide to take any of these steps, we do not have any obligation to monitor the information transmitted or stored on Sculpture Atelier and we do not accept any liability for unauthorised or unlawful content on Sculpture Atelier.

User Content

As well as allowing you to post work requests, Sculpture Atelier may permit the submission of user content (including, in its blog or course community sections) including the submission of text, images, audio, video or other content by you and other users (all of which is defined as “User Content”) for hosting and publishing on the Website. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any User Content.

You agree to comply with all posting rules which we may provide on Sculpture Atelier and which will be deemed to be expressly incorporated into these Terms.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them.

You represent and warrant that:

you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on Sculpture Atelier and in accordance with these Terms; and
whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, royalty-free, non-exclusive and transferable license (which is sublicensable) to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split videos into different segments, and use an entire image or video or segments as part of compilations), display and broadcast the User Content in connection with Sculpture Atelier and our business, including without limitation to grant access to Sculpture Atelier to third parties to view the User Content (and derivative works thereof) and to distribute the User Content through any and all media or distribution methods now available or later developed.

you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libellous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.

Any breach of the above warranties may result in your account being immediately terminated and may result in you becoming liable to legal action.

We do not endorse any User Content or any opinion, recommendation, or advice which it may express, and we expressly disclaim any and all liability in connection with User Content. You understand that when using Sculpture Atelier, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Sculpture Atelier.

Fees

Using the basic features of the Sculpture Atelier Website is free of charge. We may however charge a fee for purchasing courses, or for other products or services which we may choose to offer in the future.

Atelier Program - Annual Subscription Only: 

30 Day 100% Sculptor Happiness Guarantee
You have a full 30 Days to test the program. If you create at least one project from the program and you do not see any positive results from the training, simply show us you’ve done the work and if you aren’t happy... we’ll refund 100% of your investment! 

Please note: There are no refunds available for simply changing your mind. You must show proof that you have completed at least one of the following Atelier Sculpture Projects by emailing photographs of your work to [email protected] and requesting your refund in writing.

Atelier Sculpture Projects are defined as:
Master Copy: Ear, Nose, Mouth or Eye
Skull Study in Clay
Classical Face Mask
Portrait Bust
Full Figure Study

All refund requests are subject to the discretion of Sculpture Atelier.

The 100% Sculptor Happiness Guarantee as outlined above applies only to the Annual subscription Atelier Program, and not to the monthly subscription plan, or any other courses, products or services we may choose to offer in the future.

Your Right to Cancel  

The Atelier Program is a subscription. There are no contracts. You can cancel your subscription at any time by email. If you cancel, you will retain access for the duration of your membership, however you will forfeit any discounts on your membership rate. You can re-join in the future at the current pricing.

Example for Annual Membership: If you join January 01, 2024 you will retain full access to the program until January 01, 2025.

Example for Monthly Membership: If you join January 01, 2024 you will retain full access to the program until February 01, 2024.

After your membership expires, you will lose access to the program including the online Program Hub, the Members-Only Community Forum, and the Live classes. 

You can keep any reference materials you have downloaded for your own personal use. Re-distribution of Sculpture Atelier materials is strictly prohibited.

 

Copyright and Licence

Sculpture Atelier contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, images, design, layout, look, appearance and graphics.

You are granted a licence to use the material contained on Sculpture Atelier subject to the restrictions described in these Terms.

You are not permitted to:

republish material from Sculpture Atelier (including republication on another website, except for limited extracts only for the purpose of promoting use of Sculpture Atelier for example in social media);
sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce any material from Sculpture Atelier for use by any third party;
use any material in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.

If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and we may take such action as we deem appropriate to deal with the breach, including suspending your access to Sculpture Atelier, prohibiting you from accessing Sculpture Atelier, blocking computers using your IP address from accessing Sculpture Atelier, contacting your internet service provider to request that they block your access to Sculpture Atelier and/or bringing court proceedings against you.

All material contained on Sculpture Atelier is and shall remain at all times the copyright of Melanie Furtado and Sculpture Atelier.

You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any material.

No Warranties

Sculpture Atelier is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to Sculpture Atelier or the information and material provided on Sculpture Atelier.

The content of the pages of Sculpture Atelier is for your general information and use only and it is subject to change without prior notice.

We do not warrant that Sculpture Atelier will be constantly available, or available at all; or that the information on Sculpture Atelier is complete, true, accurate or non-misleading.

Nothing on Sculpture Atelier constitutes, or is meant to constitute, advice of any kind. We do not provide any warranty as to the suitability of the information and material found or offered on Sculpture Atelier for any particular purpose. You understand and agree that Melanie Furtado is not liable or responsible for any product, service or opportunity offered by any user or third party on Sculpture Atelier. We do not assess or investigate the accuracy or identity of any posting or user and shall not be liable to you for any loss, damage or harm you may suffer as a result of using Sculpture Atelier or acquiring any product or service from a user or a third party posting on Sculpture Atelier.

You acknowledge that information and material found or offered on Sculpture Atelier may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to Sculpture Atelier and the use of Sculpture Atelier (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and Exclusions of Liability

To the extent that Sculpture Atelier and the information and services on Sculpture Atelier are provided, our liability to you in relation to the use of Sculpture Atelier or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: Sculpture Atelier and Melanie Furtado will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from Sculpture Atelier; nor for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.

Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from negligence, limit or exclude our liability for fraud or fraudulent misrepresentation or limit any of our liabilities in any way that is not permitted under applicable law.

By using Sculpture Atelier, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use Sculpture Atelier.

Indemnity

If you breach these Terms you will be held fully responsible for any loss suffered by us as result of such breach and will be held accountable for all losses caused or profits gained by you from breaching these Terms.

You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses) incurred or suffered by us arising out of any breach by you of any provision of these Terms.

Other websites

Sculpture Atelier may contain links to or embedded content from other websites that are not under the control of and are not maintained by us. We are not responsible for the content or reliability of the linked websites. We provide these links for your convenience only but do not endorse the material on those sites.

Affiliates Disclaimer

The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn advertising fees by linking to Amazon.com and affiliated websites.

Waiver

The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.

Severance

If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.

If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.

Variation

We may revise these Terms from time-to-time. Revised Terms will apply to the use of Sculpture Atelier from the date of the publication of the revised Terms on Sculpture Atelier. Please check this page regularly to ensure you are familiar with the current version.

Exclusion of Third Party Rights

These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

Entire Agreement

These Terms constitute the entire agreement between you and us in relation to your use of Sculpture Atelier, and supersede all previous agreements in respect of your use of Sculpture Atelier.