Terms of Service
Arty McGoo LLC. (“Arty McGoo,” “McGoo U”, “we,” or “us”) offers an online video subscription service and community through its website located at www.artymcgoo.com, future mobile applications, future connected TV applications, and other online services (collectively and including the McGoo U collection of videos). By registering as a member or by using the McGoo U Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Arty McGoo LLC.. If you do not wish to be bound by this Agreement, do not use the Arty McGoo LLC., or McGoo U services.
1. Who May Use the McGoo U tutorials
AGE REQUIREMENT: You must be at least 13 years old to use the McGoo U service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the McGoo U video content. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the McGoo U video content, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the McGoo U service. If your child is using the McGoo U video content and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the McGoo U video content is appropriate for your child, please contact us at email@example.com
2. License to Use the McGoo U service
LICENSE: Arty McGoo LLC. grants you a limited, non-exclusive license to access and use the McGoo U video content for your own personal, non-commercial purposes. This includes the right to view content available on the McGoo U service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may use the McGoo U video tutorials to learn, and to utilize designs to create and/or sell cookies only. You may NOT recreate, or disseminate any video or portion thereof in print, text or video of any kind to any print publication, website, social media service, or to download for any reason. These programs are the sole intellectual property of Arty McGoo, LLC with all rights and privileges therein.
RESTRICTIONS: Except as expressly permitted by Arty McGoo LLC. in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the McGoo U video content of classes, courses, lessons, designs, techniques or any source code therein. Nor will you attempt to circumvent any of Arty McGoo LLC.’s technical measures or take any measures to interfere with or damage the McGoo U video content. All rights not expressly granted by Arty McGoo LLC. are reserved.
MOBILE APP: Your use of the McGoo U video content through one of our mobile applications is also subject to the same rules and regulations.
• What information we may collect about you;
• What we use that information for; and
• With whom we share that information.
REGISTRATION: To fully use the McGoo U service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Arty McGoo LLC. and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the McGoo U Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions and Purchases
McGoo U Subscriptions: We offer Monthly and Annual Subscriptions to view McGoo U content. Please see our subscription pages for current access, features and pricing. Features and prices are subject to change.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have seven (7) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have one hour after purchase to cancel and receive a full or partial refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Arty McGoo LLC. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us at firstname.lastname@example.org
As of October 11, 2019 PayPal will not refund fees from payment transactions. As a result any refunds for subscriptions or products purchases made with the PayPal payment method will not include processing fees charged by PayPal. Please see the PayPal User Agreement for more information.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Arty McGoo LLC. reserves the right to deny subscriptions, renewals, and other purchases for any reason.
END OF SUBSCRIPTION: When a McGoo U subscription ends, the account automatically becomes closed and Arty McGoo LLC. may disable access to or delete any content.
OTHER PURCHASES: Purchases of other products and services through Arty McGoo LLC. are subject to other terms and conditions that are presented to you at the time of purchase or on the main website at www.artymcgoo.com .
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the McGoo U Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: Arty McGoo LLC. may suspend, disable, or delete your account (or any part thereof) or block or remove an account if Arty McGoo LLC. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Arty McGoo LLC.’s reputation and goodwill. If Arty McGoo LLC. deletes your account for the foregoing reasons, you may not re-register for the McGoo U service. Arty McGoo LLC. may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Arty McGoo LLC. will terminate. Sections 6 and 11 through 16 shall survive termination. In the event of account deletion for any reason, content pictures, comments or any other form of communication that you submitted may no longer be available. Arty McGoo LLC. shall not be responsible for the loss of such content.
7. Code of Conduct
In using the Arty McGoo LLC. Service, you must behave in a civil and respectful manner at all times. Further, you will not:
• Act in a deceptive manner by, among other things, impersonating any person;
• Harass or stalk any other person;
• Harm or exploit minors;
• Distribute “spam”;
• Collect information about others; or
• Advertise or solicit others to purchase any product or service within the Arty McGoo LLC. Sites or social media (unless you are an official Arty McGoo LLC. partner or advertiser and have a written agreement with Arty McGoo LLC.).
Arty McGoo LLC. has the right, but not the obligation, to monitor all conduct on and content submitted to the McGoo U service.
You will indemnify, defend, and hold harmless Arty McGoo LLC. and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities through the McGoo U service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Arty McGoo LLC. violates any law or infringes any third party right, including any intellectual property or privacy right.
9. Third Party Copyrights and Other Rights
Arty McGoo LLC. respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice. For other intellectual property claims, please send us a notice at email@example.com.
Arty McGoo LLC. reserves the right to modify the McGoo U service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to view or participate with the McGoo U content. Arty McGoo LLC. has no obligation to screen or monitor any content and does not guarantee that any content available on the Arty McGoo LLC. service complies with this Agreement or is suitable for all users.
Arty McGoo LLC. provides the McGoo U service on an “as is” and “as available” basis. You therefore use the Arty McGoo LLC. Service at your own risk. Arty McGoo LLC. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Arty McGoo LLC. makes no representations or warranties:
• That the McGoo U service will be permitted in your jurisdiction;
• That the McGoo U service will be uninterrupted or error-free;
• Concerning any content submitted by any member;
• Concerning any third party’s use of content that you submit;
• That any content you submit will be made available on the Arty McGoo LLC. service or will be stored by Arty McGoo LLC.;
• That the Arty McGoo LLC. service will meet your business or professional needs;
• That Arty McGoo LLC. will continue to support any particular feature of the McGoo U service; or
• Concerning sites and resources outside of the McGoo U service, even if linked to from the Arty McGoo LLC. Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Arty McGoo LLC. service, and no warranties shall apply after such period.
11. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the Arty McGoo LLC. Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
12. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Arty McGoo LLC. Service must be commenced in the state or federal courts located in Los Angeles County, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, Arty McGoo LLC. and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Arty McGoo LLC. in exercising any right hereunder will waive any further exercise of that right. Arty McGoo LLC.’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Arty McGoo LLC.’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Arty McGoo LLC. electronically. Arty McGoo LLC. may provide all such communications by email or by posting them on the McGoo U service. For support-related inquiries, you may contact us at firstname.lastname@example.org . You may send notices of a legal nature to Arty McGoo LLC. at email@example.com or the following address:
Arty McGoo LLC.,517 Red River Dr.Paso Robles, CA 93446 Attention: Legal Department
Nothing herein shall limit Arty McGoo LLC.’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may be modified by a revised Terms of Service posted by Arty McGoo LLC. on the McGoo U site or a written amendment signed by an authorized representative of Arty McGoo LLC.. A revised Terms of Service will be effective as of the date it is posted on the McGoo U site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
• Terms & Conditions
This Agreement constitutes the entire understanding between Arty McGoo LLC. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of Arty McGoo LLC.’s application protocol interface (API).