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Terms of Use

Terms of Use

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Effective Date:

Websites & Platforms Covered

These Terms of Use apply to all products, content, and services offered by Fun With Drawing LLC, including those sold or accessed through funwithdrawing.com and our affiliated platforms (SamCart, GoHighLevel, Kit, Instagram (@charlyclements), and any other official Fun With Drawing sales or content channel).

Introduction

These Terms of Use ("Terms") govern your use of all digital products, courses, brush packs, bundles, downloadable resources, and related services ("Products") provided by Fun With Drawing LLC ("Company," "we," "us," or "our"). By completing a purchase, checking the acceptance box at checkout, or accessing our Products, you ("you" or "your") agree to be bound by these Terms.

Please read these Terms carefully before purchasing. By completing your purchase, you acknowledge that you have read, understood, and agree to be bound by them.

1. Eligibility and Age

By purchasing or using our Products, you represent that:

  • You are at least 18 years old, or you are using our Products with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

  • You have the legal capacity to enter into a binding contract.

  • The information you provide at purchase is accurate and complete.

  • You are at least 18 years old, or you are using our Products with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

  • You have the legal capacity to enter into a binding contract.

  • The information you provide at purchase is accurate and complete.

We do not knowingly collect personal data from children under 13. See our Privacy Policy for details.

2. Product Access and License

2.1 Access duration. Unless stated otherwise on the product's sales page, you receive access to a purchased Product for the lifetime of that Product offering, subject to these Terms.

2.2 Updates vs. new products. You receive updates, bug fixes, and supplementary materials added to a Product you own at no extra charge. Entirely new or substantially re-filmed/redesigned products (for example, a "2.0," "Advanced," or successor version marketed as a distinct offering) are separate products and may require separate purchase.

2.3 Platform changes. We may change the platform or system used to deliver your Product (for example, migrating course hosting). If we migrate, we will provide access to your purchased content on the new platform at no additional cost.

2.4 Discontinuation. "Lifetime access" means the lifetime of the Product offering, not a guarantee of perpetual access. If we discontinue a Product or cease operations, we will make reasonable efforts to provide downloadable copies or reasonable advance notice. We are not liable for circumstances beyond our reasonable control (see Section 19, Force Majeure).

2.5 Bundles and All Access Pass. Bundles and the All Access Pass grant access only to the Products listed on that offer's sales page at the time of purchase. They do not include future courses or products unless that sales page states otherwise.

3. Intellectual Property

3.1 Ownership. All content in our Products (including videos, brushes, templates, PDFs, graphics, logos, trademarks, written material, and audio) is the sole property of Fun With Drawing LLC and is protected by US and international copyright, trademark, and other intellectual property laws.

3.2 Your license. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Product. A license is valid for one person. If you are purchasing for your workplace, school, team, or anyone other than yourself, you must contact us at support@funwithdrawing.com to obtain the correct license. This license does not transfer any ownership rights.

3.3 What you may do. You may:

  • Use the skills and techniques you learn in our classes to create your own artwork, including commercial work.

  • Use our brushes, stamps, palettes, textures, and other digital assets within your own artwork, including commercial work.

  • Use the skills and techniques you learn in our classes to create your own artwork, including commercial work.

  • Use our brushes, stamps, palettes, textures, and other digital assets within your own artwork, including commercial work.

3.4 What you may not do. You may not:

  • Resell, repackage, redistribute, or sublicense our classes, courses, digital products, brushes, or assets, whether modified or not.

  • Reshare, copy, or post our course content or digital products, publicly or privately, including to file-sharing platforms or social media.

  • Use our content to teach, recreate, or run your own classes or competing offerings.

  • Modify or repackage our digital products or course materials to create derivative versions for distribution or resale.

  • Remove or alter any copyright, trademark, or proprietary notices.

  • Resell, repackage, redistribute, or sublicense our classes, courses, digital products, brushes, or assets, whether modified or not.

  • Reshare, copy, or post our course content or digital products, publicly or privately, including to file-sharing platforms or social media.

  • Use our content to teach, recreate, or run your own classes or competing offerings.

  • Modify or repackage our digital products or course materials to create derivative versions for distribution or resale.

  • Remove or alter any copyright, trademark, or proprietary notices.

For clarity: this section restricts redistribution of our content and assets. It does not restrict the original artwork you create using the skills and assets, which you are free to use commercially under Section 3.3.

3.5 Likeness and AI restriction. You may not use any photographs, video, voice, likeness, or content from Fun With Drawing LLC or Charly Clements to train, generate, or reproduce content through artificial intelligence or machine learning, including deepfakes, voice cloning, image generation, or AI training datasets. Any such use is strictly prohibited and may result in immediate termination of access and legal action.

3.6 Enforcement. Unauthorized use may result in immediate revocation of access without refund and potential legal action for damages and injunctive relief.

4. Payment Terms

4.1 Processing. Payments are processed through SamCart and Stripe. By purchasing, you agree to the applicable payment processor's terms. We do not store your full card details on our systems. Our payment processors may store and process your card information under their own terms and security standards (including PCI DSS), and their handling of that data is governed by their own privacy policies.

4.2 Pricing and currency. Prices are in US Dollars (USD) unless stated otherwise. Prices may change at any time, but changes do not affect completed purchases or active payment plans. Regional/parity pricing, where offered, is applied at our discretion.

4.3 Payment plans. Some Products (for example, multi-payment options on higher-priced courses and bundles) are offered as payment plans. If you choose a payment plan:

  • You authorize us to charge your payment method on the scheduled dates.

  • You remain responsible for all scheduled installments, except where you cancel within the refund window in Section 5.

  • We may suspend access if a scheduled payment fails and is not resolved.

  • You authorize us to charge your payment method on the scheduled dates.

  • You remain responsible for all scheduled installments, except where you cancel within the refund window in Section 5.

  • We may suspend access if a scheduled payment fails and is not resolved.

4.4 Failed payments. If a payment fails, we may attempt to contact you and re-process the charge, and may suspend access until payment is received.

4.5 Taxes. You are responsible for any sales tax, VAT, GST, or similar taxes based on your location. We collect and remit such taxes where required by law (including EU OSS and UK VAT).

4.6 Promotions and discounts. From time to time we offer limited-time promotions, discounts, coupon codes, or regional pricing. Promotional prices apply only during the stated promotional period, are not retroactive to prior purchases, and cannot be combined unless we state otherwise. We may modify or end any promotion at any time.

5. Refund Policy

5.1 30-day money-back guarantee. We stand behind our Products. You may request a full refund within 30 days of your original purchase date by emailing support@funwithdrawing.com. There is no completion-based restriction on eligibility. Upon a refund, your license and access to the refunded Product are revoked, and you must stop using and delete any downloaded materials from that Product.

5.2 How refunds work. Approved refunds are issued to your original payment method. For payment plans, an approved refund within the 30-day window stops future installments and returns amounts already paid. After the 30-day window, you remain responsible for completing scheduled installments.

5.3 Statutory rights (EU / UK / other). Nothing in this section limits any non-waivable consumer rights you have under the laws of your country, including EU and UK consumer protection law.

5.4 Digital content, immediate access. Our Products are digital content delivered immediately. Where you are an EU or UK consumer: by purchasing and accessing the Product before the statutory cancellation period ends, you expressly consent to immediate access and acknowledge that you may lose the statutory right of withdrawal once access begins. Our 30-day money-back guarantee in Section 5.1 still applies and is more generous than the statutory minimum.

5.5 Chargebacks. If you have a concern, contact us first at support@funwithdrawing.com so we can resolve it. Initiating a chargeback or payment dispute without contacting us may result in termination of access to your Products. If a chargeback is filed and later reversed in our favor, you may be responsible for any associated processor fees.

6. Educational Disclaimer

6.1 Educational purpose. Our Products are for educational and informational purposes. We teach digital illustration skills using Procreate on the iPad. We are educators and artists, not licensed professionals in any regulated field.

6.2 Results vary. Skill development depends on your effort, practice, and prior experience. We do not guarantee any specific artistic outcome, skill level, or result. Testimonials and student work reflect individual experiences and are not promises of your results.

7. Technology Requirements

You are responsible for the hardware, software, and internet connection needed to access our Products. Most of our Products require an iPad and the Procreate app (sold separately by a third party), a modern web browser, and a reliable internet connection. We do not guarantee compatibility with every device or configuration, and we do not provide general device or app troubleshooting.

8. Service Availability

We aim for continuous availability but do not guarantee uninterrupted access. Our platforms may be unavailable due to maintenance, third-party provider outages, or circumstances beyond our control. No refunds are issued for temporary interruptions.

9. Third-Party Platforms and Links

Our Products rely on and may link to third-party services (including SamCart, Stripe, GoHighLevel, Kit, Meta, and the Procreate app). We are not responsible for the content, practices, pricing, availability, or terms of third parties, and your use of those services is governed by their own terms. Mention of a third-party tool is not an endorsement or guarantee.

10. Assumption of Risk

You accept responsibility for your decisions and outcomes when using our Products. We are not liable for any negative outcome resulting from your use of, or inability to use, our Products.

11. Limitation of Liability

To the fullest extent permitted by law, the total liability of Fun With Drawing LLC for any claim arising from or related to your use of our Products shall not exceed the amount you actually paid for the specific Product at issue. In no event are we liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption. Some jurisdictions do not allow certain limitations, in which case our liability is limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless Fun With Drawing LLC, its owners, employees, contractors, and affiliates from any claims, damages, losses, or costs (including reasonable attorneys' fees) arising from your use or misuse of our Products, your violation of these Terms, or your violation of any law or third-party right. This obligation survives termination.

13. Termination of Access

We may suspend or revoke your access if you materially breach these Terms, share or resell our content, file fraudulent chargebacks, or use our Products unlawfully. For non-severe issues, we will generally give notice and an opportunity to resolve the issue first. Upon termination, your access ends, you must stop using and delete our materials, and you remain responsible for any outstanding payments. Sections that by their nature should survive (Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution) survive termination.

14. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights.

14.1 Informal resolution first. Before starting formal proceedings, you agree to contact us at support@funwithdrawing.com and give us 30 days to resolve the matter informally.

14.2 Binding arbitration. Any dispute arising out of or relating to these Terms or your use of our Products that is not resolved informally shall be resolved by final and binding arbitration rather than in court, except as stated below. Arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules and may be conducted by phone or videoconference. The seat of arbitration is Sheridan, Wyoming. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

14.3 Exceptions. Either party may bring a qualifying claim in small claims court, and either party may seek injunctive relief in court for intellectual property infringement.

14.4 Class action waiver. Disputes will be arbitrated only on an individual basis. You waive any right to participate in a class, consolidated, or representative action. If this waiver is found unenforceable, the entire arbitration provision is void.

14.5 Jury trial waiver. You and Fun With Drawing LLC waive any right to a trial by judge or jury, electing arbitration instead.

14.6 Opt-out. You may opt out of this arbitration agreement by emailing support@funwithdrawing.com within 30 days of your first purchase, stating your name, email, and a clear statement that you wish to opt out. Opting out does not affect any other Terms.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law rules. To the extent any matter is not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in Wyoming. If you access our Products from outside the US, you are responsible for compliance with your local laws, and you acknowledge your data may be processed in the US.

16. Modifications to These Terms

We may update these Terms at any time. Material changes will be communicated by posting the updated Terms with a new effective date and, where appropriate, by email. Your continued use of our Products after changes take effect constitutes acceptance. If you do not agree, your remedy is to stop using our Products.

17. Privacy and Data

Your use of our Products is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference. By using our Products, you consent to the collection and use of data as described there.

18. Electronic Communications and Signatures

You consent to receive communications from us electronically. By checking a box, clicking a button, or completing a purchase, you provide a legally binding electronic signature with the same effect as a handwritten signature.

19. General

Entire agreement. These Terms, together with our Privacy Policy, Cookie Policy, and any product-specific terms, are the entire agreement between you and Fun With Drawing LLC regarding our Products.

Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in effect.

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. We may assign these Terms (for example, in a merger or sale). You may not assign yours without our written consent.

Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, pandemics, war, civil unrest, government actions, labor disputes, internet or utility outages, cyberattacks, or failures of third-party hosting, payment, or delivery providers.

20. Community and User Content

Where we offer community features (for example, a student group, forum, comments, or shared galleries), the following applies:

  • Your content. You retain ownership of what you post and grant us a non-exclusive, worldwide, royalty-free license to display, reproduce, and use your submissions in connection with operating and promoting the community and our Products.

  • Your responsibility. You represent that you have the rights to what you post, and you agree not to post anything unlawful, infringing, harassing, or harmful.

  • Conduct. You agree to treat other members respectfully and not to spam, harass, impersonate others, or share members' private information.

  • Our rights. We may moderate, edit, or remove content and suspend or remove members who violate these Terms. We are not obligated to monitor content and are not responsible for what members post.

  • Your content. You retain ownership of what you post and grant us a non-exclusive, worldwide, royalty-free license to display, reproduce, and use your submissions in connection with operating and promoting the community and our Products.

  • Your responsibility. You represent that you have the rights to what you post, and you agree not to post anything unlawful, infringing, harassing, or harmful.

  • Conduct. You agree to treat other members respectfully and not to spam, harass, impersonate others, or share members' private information.

  • Our rights. We may moderate, edit, or remove content and suspend or remove members who violate these Terms. We are not obligated to monitor content and are not responsible for what members post.

21. Testimonials and Student Work

We may request and use customer testimonials, reviews, and student artwork to promote our Products.

  • License to us. If you provide a testimonial or review, or submit, share, or tag us in artwork you created using our Products, you grant Fun With Drawing LLC a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit (for length, format, or clarity), and display that content, together with your first name, last initial, and any image you provide, in our marketing and advertising across any channel.

  • You keep ownership. You retain ownership of and copyright in your own artwork and words. This is a license to use them, not a transfer of ownership.

  • Your representations. You confirm that the content is yours, that you have the right to grant this license, and that it does not infringe anyone else's rights.

  • Genuine testimonials. Testimonials and reviews reflect the real experiences of actual customers. Where a customer has received compensation or free products in exchange for a testimonial, we disclose that relationship as required by FTC guidelines.

  • Withdrawal. You may ask us to stop using your testimonial or artwork in future marketing by emailing support@funwithdrawing.com. We will honor reasonable requests and any rights you have under applicable privacy law, though we may be unable to recall materials already printed or distributed.

  • License to us. If you provide a testimonial or review, or submit, share, or tag us in artwork you created using our Products, you grant Fun With Drawing LLC a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit (for length, format, or clarity), and display that content, together with your first name, last initial, and any image you provide, in our marketing and advertising across any channel.

  • You keep ownership. You retain ownership of and copyright in your own artwork and words. This is a license to use them, not a transfer of ownership.

  • Your representations. You confirm that the content is yours, that you have the right to grant this license, and that it does not infringe anyone else's rights.

  • Genuine testimonials. Testimonials and reviews reflect the real experiences of actual customers. Where a customer has received compensation or free products in exchange for a testimonial, we disclose that relationship as required by FTC guidelines.

  • Withdrawal. You may ask us to stop using your testimonial or artwork in future marketing by emailing support@funwithdrawing.com. We will honor reasonable requests and any rights you have under applicable privacy law, though we may be unable to recall materials already printed or distributed.

22. Contact

Fun With Drawing LLC 30 N Gould St, Ste R, Sheridan, Wyoming 82801, United States Email: support@funwithdrawing.com

23. Acknowledgment

By completing your purchase or using our Products, you acknowledge that you have read and understood these Terms, agree to be bound by them, have had the opportunity to seek independent legal advice, and understand the 30-day refund policy and the arbitration and class-action-waiver provisions.