Terms of Service and Privacy Policy

By creating an account, making a purchase, or visiting https://theartistscourtyard.com you are consenting to our terms and conditions.

If you do not agree to these terms, you may not register for this site or make a purchase.

Jargon

You know that we hate to include unnecessary legal jargon. This terms of service and privacy policy are for:

  • the site: theartistsjd.com, theartistscourtyard.com, and all products and services available at either URL
  • us: the artist’s J.D. LLC (a California limited liability company)
  • your content: anything you post or upload on this site
  • our content: everything we post on this site owned by us (including text, sound, graphics, or other materials)

Membership

This site is designed for adults. You must be 18 years of age or older to create a membership.

Our community is built on trust and transparency. As such, you are required to provide your legal name and accurate details about you and your business in your membership profile. Failure to provide correct information will result in the cancellation of your membership.

Membership is offered through a third-party shopping cart plug-in: LearnDash LMS. Subscriptions are offered on a monthly or yearly basis and are renewed automatically at the current rates. Payments must be made at the start of each subscription period in U.S. Dollars. You can choose not to renew your subscription at any time. To do this either email kiffanie@theartistsjd.com or:

  1. Log into your account
  2. Hover over your profile photo
  3. Select Account from the dropdown

Membership Refund Policy

Subscription payments are billed in advance on a monthly or annual basis and are non-refundable—refunds are not given if you cancel your subscription prior to the end of your current subscription period.

Refunds or credits for partial months or years cannot be given, with the following exceptions:

  • For new members, a refund for your fee will be given if your request is received by email to kiffanie@theartistsjd.com within 30 days of your initial subscription payment.
  • Upon a membership change, if you upgrade from a monthly to a yearly plan, you will be credited for the amount remaining in your current subscription.
  • For existing members, we understand that you may forget to cancel your subscription. So subscription payment may be refunded if a request for refund has been received by email to kiffanie@theartistsjd.com within 72 hours of the subscription payment.

To avoid learning your credit card information, we’ve partnered with PayPal and Stripe to securely process payment. As such, we never learn or store your credit card information. Both providers share your name, address, and email with us.

Upon registration, you will select a password and username. This password and username can only be used by you. Your username and password cannot be transferred or shared with others.

For personal use only

The goal of the site and our content is to help you build a successful creative business.

When you purchase a membership, you are granted a revocable, worldwide, non-exclusive license to the membership content.

You can use the membership content in your own business (e.g. you can use the terms of service for your own website, the client contract for work with your own clients). But you cannot re-create, sell, or share these products with others either for free or for profit. Doing so would violate our intellectual property in our content and we will enforce our rights to the fullest extent of the law, including but not limited to blocking your access to the membership community, sending you an invoice for a licensing, or suing you in federal court.

E-commerce

We offer products for sale on this site using a third-party shopping cart plug-in: LearnDash LMS. To avoid learning your credit card information, we’ve partnered with PayPal and Stripe to securely process payment. As such, we never learn or store your credit card information. Both providers share your name, address, and email with us.

E-commerce Refund Policy

Unless otherwise stated on a product sales page, we will issue refunds according to the following:

  • pre-recorded workshops: within 14 days of purchase
  • email courses: within 14 days of purchase
  • master workshops and other live events: through the end of the live event

To request your refund send an email to kiffanie@theartistsjd.com.

Affiliate Links

From time to time, we’ll include affiliate links. And if you click them and make a purchase, we’ll get a commission in exchange. These funds help support all the content that we create.

We also are 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 linking to amazon.com.

These links are to products or services that we’ve purchased or think you might like. And we aren’t going to hide which links are which. If it’s an affiliate link, you’ll be told.

If it’s not called out as an affiliate link, it’s not. And it is there to help you learn more or dig deeper and is not in exchange for payment.

Intellectual Property

You own your content; we own our content.

You own the copyright in your content. By posting or uploading your content to the site you grant us a non-exclusive, perpetual, sub-licensable, royalty-free, worldwide license. We need this license so that we can perform the services you registered for. This license allows us to store and show your content to other users. This license does not allow us to sell your content.

This site contains intellectual property owned by the artist’s J.D. LLC, including trademarks, copyrights, and other intellectual property. However, we want you to share our content. If you would like to do so, please use no more than a single paragraph and one image and provide a link back to the original page on the site. For other uses, please email kiffanie@theartistsjd.com.

If you believe that any content on this site infringes on your intellectual property, please email kiffanie@theartistsjd.com.

Comments

This site allows users to comment on articles and member content. Submissions deemed spam by Akismet will be automatically filtered out and never posted.

This site is designed to be a supportive community. As such, you agree that you will not:

  • Use hateful, abusive, offensive, or obscene language towards others
  • Threaten others with violence
  • Use (or attempt to use) another person’s account
  • Post material that infringes on another person’s intellectual property rights

If you do any of these things, we may remove your content or cancel your account.

Cancellation

If you wish to discontinue your membership, you can cancel your subscription by either emailing kiffanie@theartistsjd.com or:

  1. Log into your account
  2. Hover over your profile photo
  3. Select Account from the dropdown

After your subscription is canceled, your content will remain on the site, but your access to the membership area will be revoked.

We in our sole discretion, have the right to suspend or terminate your account, for any reason at any time.

Legal Information Only

We’ve made our best efforts to prepare our content, but laws change and the Internet is constantly changing. Because of that, we cannot make any representations or warranties about the accuracy of our content. At some point, the laws, links, or information contained in here will change.

We’re also sure it goes without saying, but our content cannot be a replacement for working one-on-one with a lawyer. It’s here to give you the tools and information you need to educate yourself about this aspect of your creative business and to empower you to take action. And as such it does not constitute legal advice.

We think every creative business should have a lawyer they trust on their team. If you don’t have one already and want to make a lawyer-friend, an amazing place to start is the Volunteer Lawyers for the Arts organization in your state. Here’s the state-by-state directory.

Privacy Policy

the artist’s J.D. respects your privacy and we are committed to protecting it.

This policy describes the kinds of information we may collect from you or that you may provide to us and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies when we are in control of how data is collected, stored, and processed. (When we are the data controller.) Including the information we collect:

  • on our Website, including any subdomains
  • in email or other electronic messages between you and our Website
  • via our email marketing service provider, Convertkit
  • via our community provider, BuddyBoss and BuddyPress
  • via our learning management system provider, LearnDash LMS
  • via our online meeting software, Zoom

It does not apply to information collected by:

  • us offline or through any other means
  • any third-party content that may be linked to or be accessible from our Website

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.

Our Website incorporates privacy controls affecting how we process your personal data. You can opt-out of our email newsletter, request your personal information, request to update and change your personal information or request to delete your personal information.

If you wish to opt-out of our email newsletter, you can click the unsubscribe link at the bottom of every email we send.

If you are a member and would like to see or update your account information, you can view and change it by:

  1. Loggin into your account
  2. Hovering over your profile photo
  3. Selecting Account from the dropdown

You may make any of these requests by emailing kiffanie@theartistsjd.com.

What information we collect and how we use it

We collect several types of information about you, including information that:

  • identifies you personally, such as name, postal address, email address, telephone number, or opens or clicks within email newsletters
  • is about you but cannot be used to identify you, such as purchases made via Amazon Affiliate links
  • is about your internet connection, the equipment you use to access our Website, and how you use our Website

Usage Information

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about you including:

  • how you interact with our Website, including what pages you visited, when you last logged into your account, and if you open or click on our email newsletters
  • information about your computer and internet connection, including your IP address, location, operating system, and browser type

We collect this information via Google Analytics, LearnDash LMS, and Convertkit using cookies and web beacons. And this information helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • estimate our audience size
  • understand how you use our Website
  • understand what content interests you most
  • speed up your searches
  • recognize you when you return to our Website

The technologies we use for this automatic data collection may include:

  • cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • web beacons. Pages of our the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to count users who have visited pages, opened an email, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. If you block cookies, you will not be able to use all the features on our website.

The Usage Information we collect is used to monitor and improve our website and services. (GDPR Basis: Legitimate Interest)

Account Information

When you create an account on our Website, you voluntarily provide us your name, email address, and select a password. We collect this information on a WordPress website using a plug-in called LearnDash LMS.

The Account Information we collect is used to facilitate your membership in the artist’s Courtyard. (GDPR Basis: Contract)

Publication Information

When you comment on content on our Website, you voluntarily provide us your name, email address, and a comment. We will process this information in order to post the comment as you’ve requested. (GDPR Basis: Consent)

Correspondence Information

When you fill out a contact form, you voluntarily provide us your name, email address, and a comment. We will process this information according to the instructions you provide. (GDPR Basis: Consent)

Transaction Information

When you make a purchase through our website, you voluntarily provide us your name, email address, credit card and/or PayPal account information.

We collect this information via LearnDash LMS, PayPal, and Stripe. This information is used to supply you with the product purchased and keep accurate records of your transaction. (GDPR Basis: Contract)

Email Newsletter or Opt-in Information

When you sign up for our email newsletter, you voluntarily provide us your name and email address.

Additionally, when you interact with our emails, Convertkit will track which emails you open, and any links you click. From time to time, these clicks will be tracked to identify what kind of creative business you run and the issues that are most relevant to your creative business. We do this so that we can only send you the most relevant information to your inbox.

We will process this information per your request to provide you with relevant information and newsletters. (GDPR Basis: Consent)

Legal Information

We may process any personal information we have on you when required by a court order, legal obligation, court proceeding. (GDPR Basis: Legitimate Basis)

Disclosure of Your Information

We may disclose aggregated information about our website visitors (information that is not identifiable to you) without restriction.

We do not sell, rent, or share our email list containing your personal information to third parties.

However, we may disclose information that can be directly tied to you to:

  • contractors, service providers and other third parties that we reasonably use to support our business
  • fulfill the purpose for which you provide it
  • fulfill any other purpose disclosed by us when you provide the information
  • process your payment, including refunds, complaints, queries with PayPal and Stripe only to the degree necessary

We may also disclose your personal information:

  • to comply with any court order, law or legal process, including to respond to any government or regulatory request
  • to enforce or apply any agreements between us, including for billing and collection purposes.
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers or others. For example, exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from Us. If you do not wish to have your email address used by us to promote our own or third parties’ products or services, you can opt-out by clicking the unsubscribe link at the bottom of every email or by emailing kiffanie@theartistsjd.com. This opt-out does not apply to information provided to us as a result of a product purchase or transaction.

Retaining and Deleting Your Information

We will keep your data for no longer than is necessary for the purpose you gave it to us.

We will keep your personal data as follows:

  • Usage information will be kept for a minimum of one year and a maximum of three years from each visit you make to our website.
  • Account information will be kept for a minimum of seven years and a maximum of ten years from the date your account is canceled. (We keep this data for this time period because it is associated with your purchase data. Your purchases are tax-deductible, we keep this information to support any tax audits, either yours or ours.)
  • Purchase information will be kept for a minimum of seven years and a maximum of ten years from the date your account is canceled. (Your purchases are tax-deductible, we keep this information to support any tax audits, either yours or ours.)

In some cases, it is not possible for us to specify in advance the periods for which your personal data will be kept. In those instances, we will use the following criteria to decide how long to keep your personal data:

  • We will use the availability of blog post comments, the nature of the comment, and the post availability to decide how long to keep publication information.
  • We will use the content of your message and the response required to decide how long to keep correspondence information.
  • We will keep email newsletter or opt-in information for either the length of your subscription or the length of our contract with our email newsletter service provider.

Data Security and International Transfers

Our offices are based in the United States, along with our hosting facilities and service providers.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure both during transfer and storage.

The safety and security of your information also depend on you. Where you have chosen a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to our Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information to our Website or provide any information about yourself to us, including your name, address, telephone number, email address or any username you may use.

If we learn we have collected or received personal information from a child under 16, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at kiffanie@theartistsjd.com.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to kiffanie@theartistsjd.com

Your European Union Privacy Rights

The EU General Data Protection Regulation permits users of our Website that are European Union residents certain rights. Your rights include:

  • the right to access;
  • the right to rectification;
  • the right to erasure;
  • the right to restrict processing;
  • the right to object to processing;
  • the right to data portability;
  • the right to complain to a supervisory authority; and
  • the right to withdraw consent.

To access a copy of your data, correct it, restrict how it is used, or erase it please email kiffanie@theartistsjd.com. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

If you believe that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work, or the place of the alleged infringement.

If you wish to withdraw your consent for us to process your data, you can opt-out by emailing kiffanie@theartistsjd.com

Miscellaneous Fine Print

In no event will our liability, (regardless of the form of action, whether in contract, tort or otherwise) exceed $100.

There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we (or you) have not anticipated. There are no guarantees concerning the level of success you may experience. Each person’s results will vary. There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products, and services should be based on your own due diligence and you agree that we are not liable for your success or failure.

You agree to defend, indemnify and hold us from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the site.

These terms shall be governed by the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these terms or this site shall be instituted exclusively in the federal courts of the United States or the courts of Alameda County, California.

Updates + Date Last Updated

These terms of service and privacy policy will be periodically reviewed and updated to reflect the current functions of the site. Registered users will be notified via email of material changes before they take effect. If you do not agree to the changes, you may cancel your account. The revised terms will apply to you if you continue to use your account.

The last update was: August 28, 2020.

Contact Information

This website is owned and operated by the artist’s J.D. LLC, a California limited liability company

Our mailing address is 9580 Oak Ave. Parkway, Suite 7-170, Folsom, CA 95630

To ask questions or comment about these terms of service, this privacy policy, and/or our privacy practices, contact us at kiffanie@theartistsjd.com.