Last updated: 1 January 2020

The following terms (“Terms of Use”) constitute an agreement between Get Messy Art UG (haftungsbeschränkt) (“Get Messy”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Get Messy (the “Website”), located at www.archive.getmessyart.com.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Get Messy reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

PURCHASE POLICIES

On the Website, you may purchase a membership in the Get Messy art journal community (the “Service”). With your purchase, you will receive access to Get Messy content, forums and private groups. You may purchase a monthly or yearly membership to the Service. Monthly memberships will be billed on the same day each month, corresponding to the date you signed up for the Service. Yearly memberships will be charged on the yearly anniversary of the date you signed up for the Service. Membership and class fees are recurring, payable in advance, non-transferrable and may not be resold.

Once you sign up for the Service, you will receive access to a User Account. In that User Account, you will find a Dashboard which contains a section entitled “Account”. Users of the Service are required to review the information contained in that section for accuracy. Users of the Service may also find commonly asked questions in the Help Center in the Dashboard. Users of the Service are responsible for reviewing all of the information in the Help Center to ensure you understand the Website and Service policies.

Refund Policy

Cancellation Policy

All payments for the Service are completed through PayPal or Stripe. Users of the Service must also cancel their membership to the Service through PayPal. To cancel, please do so in the Subscriptions area of your Account for the proper procedure. To avoid being charged for the next billing cycle, depending on the membership you choose, you must cancel before the anniversary of the day you signed up for the Service. Cancellations are immediate, even if you cancel in the middle of your membership, and your access to the Service will continue until the end of the billing period upon cancellation.

Modifications to the Service

Get Messy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Get Messy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any part of the User Account (as defined below) for any period of time beyond what may be required by applicable law.

Fees

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Get Messy or Get Messy’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Get Messy that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Get Messy the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Get Messy to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your User Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Get Messy know within sixty (60) days after the date that Get Messy charges you. Get Messy reserves the right to change the price of the Services. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

PRIVACY POLICY

What information do we collect and how is it used?

Information You Voluntarily Submit to the Website: The Website may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.

Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.

Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, The Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked.

Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

We collect information about you during the signup process as well as some basic activities such as the dates you make purchases, login to the site, or cancel/pause/resume your subscriptions with us.

Use of Intercom Services: We use third-party analytics services to help understand your usage of our services. In particular, we provide a limited amount of your information (such as sign-up date and some personal information like your email address) to Intercom, Inc. (“Intercom”) and utilize Intercom to collect data for analytics purposes when you visit our website or use our product. As a data processor acting on our behalf, Intercom analyzes your use of our website and/or product and tracks our relationship by way of cookies and similar technologies so that we can improve our service to you. For more information on Intercom’s use of cookies, please visit https://www.intercom.com/terms-and-policies#cookie-policy. We may also use Intercom as a medium for communications, either through email, or through messages within our product(s). The Intercom Messenger Apps and Apps in Inbox products may also provide you with access to other third party applications such as Stripe. You should consult these third parties’ privacy notices for further information on their use of your personal data. As part of our service agreements, Intercom collects publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience. For more information on the privacy practices of Intercom, please visit https://www.intercom.com/terms-and-policies#privacy. Intercom’s services are governed by Intercom’s terms of use which can be found at https://www.intercom.com/terms-and-policies#terms. If you would like to opt out of having this information collected by or submitted to Intercom, please contact us.

How your information may be used

The Website may use the information collected in the following ways:

To operate and maintain the Website;

• To create your account, identify you as a user of the Website, and customize the Website for your account;
• To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt out of future mailings;
• To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
• To respond to your comments or inquiries;
• To provide you with user support;
• To process payment for purchases you make through the Website or,
• To protect, investigate, and deter against unauthorized or illegal activity.

When you subscribe with us, we’ll ask you to provide an email address. We’ll use this information for purposes, such as, to:

• Send you information about your account and subscriptions. This may include payment receipts, password reset emails, and payment reminders.
• Create your membership account

We use your postal address for tax payments, and for occasionally sending happy mail.

Third-party use of personal information

The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

• Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
• Convertkit – this service is used for delivery of email updates and newsletters. Convertkit stores your name and email address for purposes of delivering such communications.
• Paypal and Stripe – this service is used for payment processing on ecommerce products. At no time is your banking information passed to the Website. We receive only information used for order fulfillment and reporting.
• Gravatar – your Gravatar is an image that follows you from website to website appearing beside your name when you do things like comment or post on a blog. When visitors leave comments on the Website we collect the data shown in the comments form, the visitor’s IP address and browser user agent string to help with spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here. After approval of your comment, your profile picture is visible to the public in the context of your comment.
• WordPress and Memberpress – As a member of Get Messy you register as a user for WordPress via Memberpress to receive access to the website. WordPress and Memberpress will register your name, email, address and IP address. Your email address will be added to our Convertkit members email list where we will send you your login details for the site, provide customer service support, send you updates about Get Messy and marketing emails pertaining to other Get Messy sales and events. Your physical address may be used to send you free gifts in the mail. View Memberpress’ Privacy Policy here.

At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.

Except when required by law, Get Messy will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, Get Messy may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

Anonymous Data

From time to time, Get Messy may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

Cookies

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

Advertising

Retargeting Ads

From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website. This means, after visiting the Website, you may see an ad for Get Messy’s services. However, your personally identifiable information is not used by any remarketing service other than to present you offers from the Website. Get Messy uses the following third-party service providers for remarketing:

• Facebook: Opt-out of Facebook remarketing here
• Google: Opt-out of Google remarketing here

Affiliate Program Participation

The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

Get Messy is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com. As part of this Amazon Associates program, the Website will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

Newsletters

On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, Get Messy may see if and when you open an email and which links within the email you click. Also, this allows Get Messy to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

RIGHTS RELATED TO YOUR PERSONAL INFORMATION

• Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at [email protected] to be removed from our mailing list.
• Access – You may access the personal information we have about you by submitting a request to [email protected].
• Amend – You may contact us at [email protected] to amend or update your personal information.
• Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to [email protected].

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.

Sensitive Personal Information

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

Children’s Information

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at and [email protected] we will use our best efforts to promptly remove such information from our records.

Registration & Restricted Access

Access to certain areas of the Website may be restricted. Get Messy reserves the right to restrict areas of the Website at its sole discretion.

Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Get Messy immediately at [email protected]. Get Messy will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Get Messy or other third parties for any losses incurred due to such unauthorized use.

When you create a User Account with Get Messy, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Get Messy’s sole discretion.

Get Messy may disable your username and password at its sole discretion, refuse to register a user for the Service, remove or edit any content contributed to the Website or the Service or cancel any User Account.

Get Messy reserves the right to modify methods for registration and access levels of registered users from time to time.

General Disclaimer

Get Messy has made every effort to ensure that all information on the Website or the Service has been tested for accuracy. Get Messy makes no guarantees regarding the results that you will see from using the information provided on the Website or the Service.

Get Messy disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website or the Service. Get Messy assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or the Service.

Content Disclaimer

From time to time, Get Messy may publish content with tutorials on the Website or through the Service. All such tutorials have been tried and completed successfully, but results may vary from person to person. Some tutorials may include the use of tools, such as hammers, saws, or hot glue guns, which can cause injury. By voluntarily following any tutorial provided on the Website or the Service, you assume the risk of any potential injury that may result.

All information relating to mental health on the Website and in the Service is intended to be used for informational purposes only. Use of the Website does not form any relationship between you and any member of Get Messy, including a therapist-patient relationship. Although content on the Website and in the Service may discuss therapeutic and/or mental health issues, the Website and the Service do not provide any type of therapy and/or mental health services. The Website and the Service do not provide any advice, explanation, opinion, or recommendation about therapy or mental health services.

From time to time, the Website or the Service may discuss topics of a sensitive nature. If you feel triggered by any content, please seek help from a medical professional or mental health professional.

Your Responsibility

The Website and the Service were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website and through the Service. Get Messy makes no representations, warranties or guarantees. You understand that results may vary from person to person. Get Messy assumes no responsibility for errors or omissions that may appear on the Website or in the Service.

USE OF THE WEBSITE

Unless otherwise stated, Get Messy owns the intellectual property and rights to all content and material on the Website and in the Service. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

• Republication of content from the Website or Service, unless content is specifically and expressly made available for republication;
• Sale, rental or sub-license of any content from the Website or Service;
• Reproduction or duplication of any content on the Website or Service for commercial purposes;
• Modification of any content on the Website or Service, unless content is specifically and expressly made available for modification;
• Redistribution of content of the Website or Service, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website or Service will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Get Messy’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Get Messy.

You must not use the Website or Service in a way that causes, or may cause, damage to the Website or Service or impairs the availability of access to the Website or Service. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website or Service, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or Service to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website or Service without Get Messy’s express written permission.

You must not use the Website or Service to transmit or send any unsolicited commercial communications.

You must not use the Website or Service for any third-party marketing without Get Messy’s express written permission.

Copyright

Unless otherwise noted, the design, content and all components of the Website and Service are copyrights owned by Get Messy or third parties and are protected by German and international copyright laws and should not be reused or republished without express written permission.

Trademarks

Get Messy’s trademarks and trade dress may not be used in connection with any product or service that is not Get Messy’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Get Messy Art UG (haftungsbeschränkt) or www.archive.getmessyart.com, or the experts featured on the Website or the Service.

From time to time, the Website or Service will legally utilize trademarks owned by third parties related to Get Messy’s services. These trademarks are the respective property of their owners.

Grant of Rights

You grant Get Messy a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or the Service. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Get Messy the right to sub-license these rights and the right to bring an action for infringement of these rights.

Content Contributed to the Website

Any content you contribute to the Website or the Service, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Get Messy or a third party.
Get Messy reserves the right to edit or remove: (i) any material submitted to the Website or the Service; (ii) stored on Get Messy’s servers; or, (iii) hosted or published on the Website or the Service. Get Messy takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Get Messy’s rights under the Terms of Use, Get Messy does not undertake to monitor the submission of all content to, or the publication of such content on, the Website or the Service.

Membership Policy

The Website offers the option to subscribe to members-only content (“Membership”), which includes forums where comments may be made and content may be uploaded. The above-stated policies related to comments and contribution of content also apply to the Membership.

Get Messy’s sole discretion will be used to determine if a member is in violation of these policies. Any members in violation will be promptly deleted and no refund will be due. The Membership is also subject to a separate FAQ and community policy that is hereby incorporated by reference.

Confidentiality and Privacy

Get Messy respects your privacy and insists you agree to respect the privacy of Get Messy and all other members of the Service (“Participants”). Any confidential information (“Confidential Information”) shared by the Participants or any Get Messy representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Forum, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate Get Messy’s publicity or privacy rights. Furthermore, you will not reveal any information to a third party obtained in connection with these Terms of Use. By purchasing the Service, you agree that if you violate or display any likelihood of violating this Agreement Get Messy and/or the Participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

You are solely responsible for your interactions with the Participants. Get Messy does not screen Participants. You understand and agree that any contact, whether online or in-person, with any Participant is done solely at your own risk. Get Messy disclaims any and all liability for any interactions between Participants and you expressly hold Get Messy harmless for any such interaction.

Takedown Requests

From time to time, the Website or the Service will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website or in the Service in a way that copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.

Communication

If you send Get Messy an email, register to use the Website or Service or provide your email to Get Messy in any other way, you consent to receive communications from Get Messy electronically. You agree that all legal notices provided via electronic means from Get Messy satisfy any requirement for written notice.

THIRD PARTIES

The Website and Service may contain links to third-party websites that are not governed or controlled by Get Messy. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website or the Service. Get Messy assumes no control or liability over the content of any third-party sites. You expressly hold harmless Get Messy from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website or the Service, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website or through the Service, you expressly hold Get Messy harmless from any and all liability in any dispute.

NO WARRANTIES

The Website and Service are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Get Messy makes no representations or warranties in relation to the Website, Service or the information and materials provided therein.

Get Messy makes no warranty the Website and Service will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website and the Service. Get Messy is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or the Service. The Website and Service is written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

To the extent allowable by law, get messy will not be liable for any consequential, incidental, indirect, exemplary, punitive or special damages of any kind, however caused, including loss of profits, revenue, data or use, incurred by you, whether under theory of contract, tort (including negligence), warranty or otherwise, even if the other party has been advised of the possibility of such damages.

INDEMNITY

You agree to defend, indemnify and hold Get Messy, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Get Messy suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Get Messy’s prior written consent, however, the Terms of Use may be assigned by Get Messy in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Get Messy

All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Get Messy and to your email address.