Sophie Wheatley’s Online Dog Portrait Course “My Best Ever Dog Portrait!”
By clicking “Sign up”, “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you the (“Course Member”) agree to be provided with products, programs, or services as part of Sophie Wheatley’s Online Dog Portrait Course “My Best Ever Dog Portrait!” (“Membership”) operated by Sophie Wheatley (“Owner”), acting on behalf of All Things Felt & Beautiful. (“Company”), and you are entering into a legally binding agreement with Sophie Wheatley of All Things Felt & Beautiful, subject to the following terms:
(“the Website”) and selected prior to purchase for their own personal, non-commercial use. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
Newsletters and Emails
Video tutorials and Practice Workshops
Facebook group and Knowledge Base Videos
Any other Content from Sophie Wheatley’s Online Teaching
(b) The scope of Services rendered by Sophie Wheatley of All Things Felt & Beautiful pursuant to this Agreement shall be limited to those contained herein and/or provided for on https://feltandbeautifuldogportraits.online/ as part of the Membership.
(c) Sophie Wheatley of All Things Felt & Beautiful reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
(d) Sophie Wheatley of All Things Felt & Beautiful may from time to time offer extra Services to Course Members for an additional fee.
(e) Course Members will have access to Sophie Wheatley’s Online Dog Portrait Course “My Best Ever Dog Portrait!” for the life time that the course is available.
(f) Sophie Wheatley of All Things Felt & Beautiful reserve the right to cancel or terminate a Course Member’s use of and access to the Website without prior notice if they do not comply with our Terms of Purchase.
(g) At any point, should Sophie Wheatley of All Things Felt & Beautiful be terminating Sophie Wheatley’s Online Dog Portrait Course, the Course Member will be given at least thirty (30) days notice.
(h) For memberships paid by instalments. Accounts with overdue payments by more than 3 days will have their membership suspended until payment is received.
(i) Sophie Wheatley of All Things Felt & Beautiful reserve the right to make changes to the Facebook group in line with the evolution of the course over time. This includes changing information stored in the Facebook group, deleting information and archiving the Facebook group.
(j) Course Members have unlimited access to a private Facebook group. Sophie Wheatley reserves the right to make changes to how this group operates over time.
2. INTELLECTUAL PROPERTY RIGHTS
(a) The needle felt portraits that Course Members produce as a result of copying Sophie’s felt along video tutorials or Practice Workshops are considered legally to be ‘Derivative Works’ and as such the copyright remains with Sophie Wheatley of All Things Felt & Beautiful.
**This does not include work members produce of their own dog from their own personal photos - only what is directly copied from the course website.**
(b) Course Members may share photographs of the portraits as a result of copying Sophie’s video tutorials and Practice Workshops online - ie that are not their own original photo or work - but they must always credit Sophie Wheatley Online Dog Portrait Course “My Best Ever Dog Portrait” whenever the work is displayed (including online).
(c) Course Members may sell the physical portraits they create as a result of copying Sophie’s video tutorials and Workshop Practice (for instance in a local art exhibition) but they must always credit ‘Sophie Wheatley’s Online Dog Portrait Course “My Best Ever Dog Portrait”’ whenever the work is displayed for sale.
(d) Course Members can freely reproduce their own portraits of their own dogs – using their own photos without restriction or credit to Sophie. Credit is always appreciated if you’ve used the course to help you make a portrait.
(e) Course Members may not reproduce their own versions of any of Sophie Wheatley’s portraits for commercial use (for instance as an illustration or onto greetings cards they intend to sell).
(f) Course Members should use the following wording to credit Sophie Wheatley’s Online Dog Portrait Course:
For a copied portrait completed via a video tutorial:
‘Needle Felt Dog Portrait produced using an online video tutorial by Sophie Wheatley of All Things Felt & Beautiful.
3. PAYMENT AND REFUND POLICY
(a) Upon execution of this Agreement, the Course Member agrees to pay to Sophie Wheatley of All Things Felt & Beautiful the purchase amount as stated on the Online Dog Portrait Course “My Best Ever Dog Portrait” Website, or via a sales promotion.
(b) The Course Member agrees to provide us with true, accurate and complete information as required by the sign-up process (“Subscription Data”), including their legal name, address, telephone number, email address and applicable billing information.
(c) The Course Member agrees to maintain and promptly update the Subscription Data and any other information provided to us. If the Course Member provides any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate the Course Member’s membership, and if applicable, their user account, and refuse any and all current or future use and/or access by the Course Member to the Website.
(d) With their one time payment and including payment by instalments, the Course Member commits to life time membership of the Online Dog Portrait Course “My Best Ever Dog Portrait”. If a member cancels their instalment payments before the full amount is complete the member will be invoiced the remaining amount to be payable within 7 days of receipt.
(f) Credit Card Authorisation. Each party hereto acknowledges that Sophie Wheatley of All Things Felt & Beautiful will charge the credit card chosen by the Course Member on the date of purchase and for the amounts specified upon purchase.
(h) The Course member agrees not to assign, transfer, share or sublicense their rights as a subscriber.
(i) Sophie Wheatley of All Thing Felt & Beautiful reserves the right to update terms and conditions at any time without prior notice.
(j) If the Course Member is not entirely happy with what’s on offer in Sophie Wheatley’s Online Dog Portrait Course “My Best Ever Dog Portrait” website and would like a refund, they are to let Sophie Wheatley know within 7 days of their purchase and they will be refunded provided that can prove that they’ve attempted to follow the course and provided examples of their attempts. Refunds after 7 days are not considered.
(k) Once however once you have received your login details and can access the course material you have 7 days to enjoy the course and ask for a refund – provided you can provide evidence that you’ve had a go.
(l) Refund requests on the grounds of internet issues you might be experiencing will not be granted as there as too many variables that could be involved including your own internet provider problems which cannot be verified.
(m) Spin off support Facebook groups linked to the course and created by members are not allowed and contravene the terms of the course. Anyone starting a Facebook group with other members will have their access to the course revoked.
By participating in the Membership, the Course Member acknowledges that Sophie Wheatley of All Things Felt & Beautiful makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership. By participating in this Membership, the Course Member acknowledges that Sophie Wheatley of All Things Felt & Beautiful does not warrant the accuracy of any information provided, is not liable for any losses the Course Member may suffer by relying on modules, content, videos, services, or products.
By participating in the Membership, the Course Member acknowledges that Sophie Wheatley of All Things Felt & Beautiful nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counselling or any other type of therapy or advice.
Any testimonials or examples shown through the feltandbeautiful.co.uk website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. The Course Member acknowledges that Sophie Wheatley of All Things Felt & Beautiful has not and does not make any representations as to success of any kind that may be derived as a result of use of its video tutorials, products or Services.
Sophie Wheatley of All Things Felt & Beautiful may provide the Course Member with information relating to products that it believes might benefit the Course Member. Sophie Wheatley of All Things Felt & Beautiful is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. Sophie Wheatley of All Things Felt & Beautiful may provide the Course Member with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. Sophie Wheatley of All Things Felt & Beautiful may be involved in affiliate relationships with certain third-parties for such recommendations and will inform the Course Member when this is the case. The Course Member agrees that these are only recommendations and Sophie Wheatley of All Things Felt & Beautiful will not be held liable for the services provided by any third-party to the Course Member.
5. RECORDING AND REDISTRIBUTION OF CALLS
The Course Member acknowledges that group calls and/or trainings may be recorded. The Course Member also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by Sophie Wheatley of All Things Felt & Beautiful.
6. INTELLECTUAL PROPERTY RIGHTS
In respect of the Material specifically created for the Course Member as part of this Membership, including video tutorials, videos, photos, documents, or other content (known collectively as the “Material”), Sophie Wheatley of All Things Felt & Beautiful maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Sophie Wheatley of All Things Felt & Beautiful to the Course Member, nor grant any right or license other than those stated in this Agreement.
The Course Member may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sophie Wheatley’s Online Dog Portrait Course website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorised copying, reverse engineering, redistribution, reproduction, publication or modification of Sophie Wheatley’s Online Dog Portrait Course website content by any person without Sophie Wheatley of All Things Felt & Beautiful’s prior written authorisation is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
7. DISCLAIMER OF WARRANTIES
The Services provided to the Course Member by Sophie Wheatley of All Things Felt & Beautiful under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
8. LIMITATION OF LIABILITY
By using Sophie Wheatley of All Things Felt & Beautiful’s Services and purchasing this Membership, the Course Member accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The Course Member agrees that Sophie Wheatley of All Things Felt & Beautiful will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. The Course Member agrees that use of this Membership is at user’s own risk
9. JURISDICTION AND DISPUTE RESOLUTION
This Agreement shall be construed in accordance with, and governed by, the laws of England as applied to contracts that are executed and performed in the United Kingdom. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be England. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement through the International Court of Arbitration (ICC). The parties further agree that their respective good faith participation in arbitration is a condition precedent to pursuing any other available legal or equitable remedy, including litigation or other dispute resolution procedures.
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to sophie(at)feltandbeautiful(dot)co(dot)uk
11. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.