TERMS AND CONDITIONS
Effective date: 05-Jan-22
Section 1. Overview
Suira.Art Inc. (“Company”) welcomes you. Please READ carefully. Your access and use of this Site (defined below) is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site.
The material appearing on the websites www.suira.art, www.beafulltimeartist.com, www.sellmyartonline.com and suiraart.newzenler.com (“Site”), is provided as either information about Company’s events, people, Sell My Art Online (“the Program”) and stories as a platform for online connection and community. The owner of this Site (Company) and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site.
The intention of the information we share and post on the Site is for informational and promotional purposes only. The Company has learned and innovated many strategies about entrepreneurship and running an online business, and are happy to share this information with you.
Note, as discussed below, any information by or on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site, you accept and agree that following any information or recommendations provided therein is at your own risk.
The following terms and conditions form a binding agreement (“Agreement”) between you and Suira.Art Inc. (“Company”), a company incorporated in Brazil.
Section 2. Term
This Agreement shall be effective immediately upon visiting, using or interacting with (collectively referred to as “using” or “visiting”) this Site. By using this Site, the user accepts to be bound by the terms included herein and shall remain effective so long as the user avails itself of the website’s Services.
The company may change, amend, supplement, modify and/or replace this Agreement at any time. Any changes to this Agreement will be posted on our website and will be effective when published unless otherwise stated. Your continued use of this Site after any change means you have accepted the changed terms and conditions and will comply with them.
Section 3. Applicability
To use or access our website and Services, you must be eighteen years or older than the age of majority and must have the ability to enter into this Agreement.
Section 4. Use for Lawful Purposes Only
All users and visitors must use this website and its Services for lawful purposes only. You hereby agree to use our website, content, products, and other Services for legitimate and non-commercial purposes only. You shall not transmit any material through our website which violates or infringes the rights of us or others, or material that is threatening, abusive, defamatory, profane, obscene, invasive, or which encourages criminal or illegal conduct or that would give rise to civil liability or otherwise violate any law.
Section 5. Disclaimers, Warranties & Liabilities
A. Educational and Informational Purposes Only
All of the information provided on our website and contained in our products, whether for purchase or not, is for educational and informational purposes only. Nothing on our website claims to guarantee accurate, complete, reliable or up-to-date information.
B. Warranties & Guarantees
We try our best. We really do. All of the content we put on the Site is intended to be as accurate as possible and to be as helpful as possible in providing you with valuable information for your life and your art business. We ask you to understand that not everything included on the Site may be accurate and/or up-to-date. Of course, we’ll never intentionally mislead you, but it may be that we are human (we all are!) and we also make mistakes. Or, it is possible that we could possibly forget to include something in sharing our information on the Site. As such, we ask you to take the information on the Site with a grain of salt, not to rely entirely on what we share and accept that some of our content may be incorrect or outdated. If you have any issues with this, our team is always open to feedback, and you are welcome to stop using the Site at any time.
We strive to provide the most accurate information possible. However, we cannot ensure that our content is completely free from error or that it is timeless. As such, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness, lack of errors, or fitness for particular purposes of any of the content or materials contained within and placed on our website, products, or other publications. To the maximum extent of the law, we provide our website and Services “as is” without any warranties, representations, or guarantees, whether express, implied, or otherwise.
C. Earnings, Results & Testimonials
We are super proud of our amazing clients whom we have helped achieve incredible results. We want you to know that all of these testimonials are from actual clients and all of their words, feelings and results are authentic. Please note, however, that while these testimonials showcase amazing results and wins, these results are a product of incredibly hard-working and talented individuals and are reflective of their hard work and efforts. Further, their success is NO GUARANTEE for results you will get from working with the Company. Everyone is different and everyone will have different results. We have chosen to highlight some of our favourite client wins and have them explain our services in their own words.
It may happen that we share some of our client's success stories and some specifics around what their success looks like. Once again, their success is NOT A GUARANTEE for your success and we are simply showing what results are possible through our programs, not that everyone will get these results from our programs and services.
We do everything within our means to help you succeed, but ultimately your ability to build a successful business and achieve the results you desire depends on a multitude of factors, predominantly you. We make NO GUARANTEES related to any specific success you may experience by using our services and programs. It is entirely possible, although unlikely, that you can do one of our courses or be coached by us and receive no results at all. Anything is possible. We ask you to fully grasp this concept before you use the Site and enjoy our services.
If you take our recommendations that we share on the Site or use our services, we ask you to do so mindfully and with prudence. You understand that the Company is not liable for any actions you take or do not take based on the information we provide or the services and products we offer.
You understand that the Company makes no guarantees whatsoever regarding any results based on any action or inaction relating to your life, social media accounts or businesses based on the information we share or services we sell or share for free through the Site. At the end of the day, Company will not be responsible or make any promises for what will happen in your life and business.
We make no guarantee of any kind regarding the potential income or results that can be generated through the use of our Services, products or website. From time to time, we may publish testimonials from clients – however, please keep in mind that past results are not an indication or promise of your results.
D. Responsibility For Your Own Actions
You acknowledge that you are fully responsible for any actions you do or do not take while interacting with the Site. As a condition of using this Site, you agree you will be fully responsible for any actions or inactions regarding your life or business based on the information you find on the Site. You understand you may personally consult with a professional before making any significant decisions.
E. Not a Client… Yet! (No Client Relationship)
By accessing and using the Site, there is no client-professional relationship created between you and Suira.Art Inc. You will only be a client once you enroll in our program(s) and agree to our program Terms and Conditions by clicking the checkbox on the checkout page, in which you will officially create a professional-client relationship. We hope to work together with you soon, but until we sign an agreement together, you are not a client. By continuing to use the Site, you acknowledge that for the moment, we are just pals.
F. Qualifications + Not Professional Advice
The information on this website, while provided by a successful manager, producer, agent and entrepreneur, is not tailored to any one person’s life or business specifically. As such, the advice on this Site is not professional advice. The Company has developed many tips and tricks to succeeding in business and anything shared on the Site comes from personal and professional experiences and a place of love and wanting to support you. The Company provides professional advice in the context that we have worked very hard to learn how to achieve maximum results and assist clients in achieving their business goals. However, we do not represent or warrant to be an expert or professional with professional designations and make no guarantees regarding any specific success from working together. Your choice to rely on Company’s advice, guidance, teaching or principles is simply that – your choice. We’re not telling you what to do. We are telling you things you can do which we have seen work for other people. That doesn’t mean it is guaranteed to work for you.
In this light, you understand you cannot hold us liable in any way for any actions you take or do not take based on our content on this website. Feel free to use the information on the Site as a cool resource for ideas and information, but act or do not act on it only if you want. Hire a professional or seek professional advice if you are making important decisions for your life and business but understand you can’t hold us responsible for how you interact with the information on our website.
G. Affiliate Programs & Sharing Things We Love
While creating content for the Site, we’ll often share other authors and products we love or the platforms and systems our team uses and recommends that we want to share with you! For the majority of what we review, we are doing so from our heart without any ancillary benefit to use except knowing that we are sharing something we love. In alignment with everything shared on this Site, we ask you to take our shares exactly for exactly what they are: us sharing amazing things with you that light us up. What we share is not professional advice and we ask you not to rely solely on our opinion of what we think is best. If we have some form of relationship with a company or product where we get a kickback or benefit from them, we will explicitly disclose that information for your clarity and complete transparency.
We reserve the right to link to products or services for which we earn a commission, affiliate fee, or referral fee (all of which are interchangeable and mean the same thing for purposes of this Agreement). We will take reasonable measures to ensure that all affiliate links are labelled and disclaimed conspicuously.
While we run the Sell My Art Online program and will teach you how to rule your art business online, we are not officially partnered or affiliated with or have any registered partnerships with Instagram, Facebook, Google, Airtable, YouTube or any of the other platforms we use. As mentioned below, if we have any official or paid affiliation, we will let you know.
It will be outlined if we provide a link to an affiliated service or some form of partnership of a business we work with. As a heads up, if we have an affiliation with a company, it is because we think they are wonderful at what they do and want to share their services with you. You will always retain the right to choose to work with another company, business or professional if you like and we ask you not to rely solely on our recommendations. You will always be the one to decide if a purchase feels right and we encourage you to be diligent in making any such decisions.
H. Limitation of Liability
In no event shall the Company or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if Company has been notified orally or in writing of the possibility of such damage.
This Site may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of the Company. The Company is not responsible for the content contained in any related website, nor for any losses or damages, you may incur due to the use of any such website. The Company accepts no liability for any errors or omissions contained in third-party websites. We provide these links to improve your use of the Site, enable you to connect with Company on various platforms, and help Company offer the most accessible services for you and conduct transactions.
The Company makes no promises that the Site or third-party programs we use to offer our services and products will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP. We also make no representations or warranties of any kind around any of the content we produce or share on the Site. To the maximum extent permissible by Brazilian laws, Suira.Art Inc. disclaims all warranties regarding all information, products and services offered on or through the Site.
To the fullest extent permitted by applicable laws, we disclaim liability for any injuries, losses, or damages of whatever nature arising from the following, either directly, indirectly or consequentially: loss of use, loss of data, damage by Virus, loss or damage to property, claims of third-parties.
A. INFORMATION COLLECTED
Information in exchange for products or services – From time to time, we ask for personal information, such as names, e-mail addresses, phone numbers, credit card numbers, account information and/or billing addresses in an exchange for our product, content, Gifting or Services.
Log Files – Modern websites often collect user data in the form of log files. This is a modern way to log when and from where a user enters our website. This data may include information such as internet protocol (IP) addresses, browsers, date and time stamps, referral links through which you entered our website, demographic information, and the number of clicks a user makes on our site. This information is separate from the Personal Information described above and does not include information that is personal to you on an individual level. This information is used to track general traffic flow and usage of our website, in addition to other trends and statistics such as the number of visitors to a certain page on our website.
Transaction Information – When you download or purchase a product from our website, certain information may be collected, such as the date of the purchase and product details. This information is collected and used for internal purposes only, in order to enhance the general user experience. If you purchase one of our products, certain data is required to fulfill your requests, such as credit card numbers/expirations/security codes, billing information and addresses, zip/postal codes, and names, which will be processed through a third-party payment program. This information will not be shared intentionally with any party other than the third-party programs responsible for processing your payment and procuring payment to us.
Third-Party Information – From time to time, we may receive information from third-party programs or plugins, such as but not limited to PayPal, Stripe, Zenler, MailChimp, ActiveCampaign, Google, ShowIt, Wix, EasyWebinar, or through social media platforms.
B. HOW WE COLLECT INFORMATION
Information may be collected in one or more of the following ways:
Provided by you, the user – Our website may ask you to input Personal Information from time to time. For instance, we request your e-mail address and name to send you a protected piece of content or may ask for your e-mail address when you have a question relating to customer service or consultations.
Collected from internet browsers or devices – From time to time, data is collected and sent to us automatically by your web browser or device. Information collected in this category tends to include your IP address, links clicked, pages visited, and timestamps of visits. This information tends not to be personally identifiable.
C. CONSENT TO COLLECT INFORMATION
D. INFORMATION USED
By using our website, you hereby agree that any and all information collected in Section 8 hereto may be used for the following purposes:
To provide content, products, and other Services to you;
To process and fulfill any purchases or orders, which may include sending e-mails to you;
To communicate with you, such as via e-mail, including promotional e-mails, newsletters, and product attachments;
To provide customer service and manage individual accounts;
To provide you with a personalized online experience;
To grant you access to certain content and services online;
To educate us on our user’s tendencies and preferences;
To fulfill a contract, we have with you;
To optimize our website and our users’ experience;
To prevent, mitigate, and investigate security breaches;
To verify or authenticate information;
To respond to lawful requests from government authorities, if applicable;
To resolve disputes with users;
To prevent fraud or security issues;
To fulfill or enforce our agreements with third parties;
To protect our legitimate business interests, which include but are not limited to: i) providing or administering Services to you and our users; ii) maintaining records; iii) analyzing data for business purposes and quality assurance; iv) communicating with you regarding the administration of Services and our obligations associated therewith; v) legal purposes, such as in dispute resolution, litigation, investigations, or regulatory purposes.
E. INFORMATION SHARED
The Personal Information collected and used may be shared with certain third parties. Personal Information may be shared in the following ways:
Service providers – Personal Information may be shared with third-party programs, platforms, and providers in exchange for data, analytics, reports, or confidentiality agreements. Third-party providers include, but are not limited to, the following: website hosts, e-commerce platforms, payment providers and payment processors, website plugins, e-mail servicing programs, marketing consultants, and brand advisors. These third-party providers shall only collect, use, maintain and share your information to the extent that doing so furthers the services they provide to us. Any use beyond that scope shall be deemed an unauthorized use, of which you hereby agree to indemnify us. See Section 6F below for more details.
Asset Sale or Transfer – Personal Information may also be shared in the event of a merger, acquisition, asset sale, or other transfer of our business and assets.
Legal and/or Regulatory Disclosures – Personal Information may also be shared if necessary to further a legal, regulatory, audit, or professional investigation.
The Personal Information that is collected will be stored in a commercially reasonable manner for as long as is necessary to protect our legitimate business interests, and to comply with applicable law. We reserve the right to collect and store your Personal Information to the extent that it is not prohibited by law.
We do not sell or license your Personal Information to third parties for their own marketing or commercial purposes without your consent.
F. THIRD-PARTY SITES + STORAGE OF INFORMATION
The Company's web server may store your personal information when you interact on the Site. The Company will be happy to delete any of your information it holds upon request made by you. Your personal information will be safely disposed of by Company by deleting it from its possession.
However, data such as personal information collected may not actually be stored on the Site. Any information captured will be processed through third-party websites that Company may work with, in order to provide you with the best services on the Site. These organizations may collect personal information from you in order to provide you with these services including your name and contact information.
G. DO NOT TRACK SIGNALS
The Company currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
H. CHOICE & OPT-OUT
Cookies & Behavioral Based Advertising – We may work with third parties, such as Google and Facebook, for marketing, advertising and other legitimate business purposes. For information as to how you can opt out of some of these advertising services, be sure to change your internet browser’s settings to block cookies or ask permission before collecting cookies.
E-mail Marketing – We may, from time to time, require your e-mail address and other Personal Information to use our Services. If you do not want us to contact you via e-mail for promotional purposes, account management, updates, or product information, then you can elect not to share your e-mail address with us (although it may nevertheless be necessary to utilize a certain Service). At any time, you may manage your e-mail subscription preferences by contacting us at email@example.com.
Google Analytics – In order to opt-out of Google Analytics, you may visit: https://tools.google.com/dlpage/gaoptout.
The Site and Company abide by all relevant Brazilian laws in all aspects of our operations. If you’ve got any questions about our compliance with this legislation, feel free to reach out.
I. SECURITY & INDEMNIFICATION
In order to maintain the security of your Personal Information, we have taken reasonable methods to prevent unauthorized access and maintain the accuracy of all Personal Information collected by our website. Physical and technical methods of protection include limited numbers of internal personnel accessing your Personal Information and password-protecting documents or logs that contain Personal Information.
The transmission of information over the internet is not fully secure. As such, we cannot guarantee that any information you submit to us will be accessible to only us as the intended recipients. Any transmission is at your own risk. However, we do our best to protect your data and any information you provide. Nevertheless, if there is a security breach on behalf of an unauthorized party, you agree to indemnify us and hold us harmless for any and all claims against the unauthorized party.
We strive to prevent the introduction of malware, malicious code, and viruses to our website and our users (collectively referred to as “viruses”). However, due to the inherent nature of the internet, we are unable to guarantee or warrant that our websites, products, content or other Services are completely free from viruses. As such, we will not be liable for any damages or harm that is attributable to viruses that may arise after the use of our website or Services. It is your responsibility to take reasonable measures to prevent the intrusion of viruses onto your hardware and software, and take appropriate steps to ensure your computer and web browser are not exposed to the risk of interference or damage from viruses.
Your use of our website, products and services is completely voluntary. As such, you shall indemnify us and hold us and our agents and affiliates harmless for any damages or injury that may arise from your use of our website, products and services, which include, but are not limited to, issues regarding the confidentiality and security of your Personal Information.
Section 7. Governing Law & Venue
Section 8. Intellectual Property
Brazilian copyright laws protect all materials created by Suira.Art Inc on the Site as original works. All materials belong to the Company, including those with the absence of a registered copyright symbol.
B. Intellectual Property Ownership
This website, content and products contain intellectual property owned by us. and by third parties that license some intellectual property to us. This Agreement is intellectual property owned by us. Other examples of intellectual property found on our website and within our products and services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by us and the third-parties described within this Section in either whole or part without prior written consent.
If we have materials on the Site which you can download, a revocable, non-exclusive license is granted for you to download copies of the materials for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
share or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
If Company has reason to believe that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blocked from any future programs and Company will seek any and/or all extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.
Company retains the right to ‘Blocklist’ you from accessing all materials, courses, or other products or services she offers in the event that you do not pay your outstanding balance for any program purchases (subject to a separate agreement), dispute your payments, or if you steal any of our intellectual property. A student will be removed from the blocklist under the discretion of Suira.Art Inc. Under the conditions that: (1) the outstanding balance has been paid in full and (2) that the student will not be eligible for a refund for the remainder of their course access.
C. Limited License
You acknowledge that any and all products or services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or Services that you purchase or download from our website, without prior written consent or unless provided otherwise. We grant you a limited, personal, non-exclusive and non-transferable license to use the Products for your personal and internal business use.
D. Stock Photography
This website may use free stock photography as part of its design. All stock images used have an irrevocable, non-exclusive copyright license to download, copy, distribute, use and modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.
D. Fair User Disclaimer
This website may quote other authors, and share images, videos, and ideas of artists and educators. Although, this site, program and all services and products connected to the brand are for educational purposes only. Copyright Disclaimer under section 107 of the Copyright Act of 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. All rights and credit go directly to its rightful owners. No copyright infringement intended.
Section 9. Specific Program Terms & Conditions
This Agreement does not cover the purchase or use of our programs, such as Sell My Art Online. The specific Terms & Conditions that you must agree to before purchasing or accessing our programs can be found on the program’s website.
Please note, due to the digital nature of our course, we do not offer refunds for those who do not do their due diligence to ensure the course is the right fit for them. It is the customer’s responsibility to carefully review our sales page and terms and conditions before purchasing, using or accessing any of our products and programs. We do not offer partial refunds for our programs and our exclusive bonuses and course extensions are non-refundable under any circumstances. As such, please be sure to read the program(s) Terms & Conditions (separate agreement noted above) before purchasing.
Section 10. Miscellaneous
We reserve the right to amend this Agreement from time to time. You are bound by any changes made after the publication of the changes on our website. We will make reasonable efforts to notify you of any changes that are made.
B. Headings & Severability
Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favourable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement
These terms and conditions and any other legal notices, policies and guidelines of Company linked to these terms and conditions or contained on this Site constitutes the entire agreement between you and Company relating to your use of this Site and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Company.
D. All Rights Reserved
All rights not expressly granted in this Agreement are reserved by us.