The Manager’s Palette™ Terms and Conditions
Artixan Consulting Group LLC (“Artixan”) is an inclusive organization. We encourage individuals from all backgrounds and cultures to participate.
Acceptance Of Terms Of Service
By participating in our live workshops (“MP Workshops”), you accept and agree to be bound by these Terms of Service, including, without limitation, the “Privacy” section of these Terms of Service, which should be reviewed by you carefully. If you do not agree to these Terms of Service, you should not use Artixan’s websites or participate in Artixan’s MP Workshops.
Changes To Terms Of Service
Artixan reserves the right, from time to time, with or without notice to you, to change these Terms of Service in our sole discretion. The most current version of these Terms of Service is posted on the site. The most current version of the Terms of Service will supersede all previous versions. Your use of Artixan’s websites after changes are made means that you agree to be bound by such changes.
Privacy
You understand and acknowledge that our live classes are recorded and placed in the member area of Artixan’s website. You further understand and acknowledge that this means that other participants will be able to see and hear you when you participate in our MP Workshops or when viewed by participants after MP Workshops have been concluded.
You authorize us to record and post in our member area the live MP Workshops in which you participate, including your image, visual likeness, and voice (“your Likeness”). You irrevocably authorize Artixan to edit, alter, copy, exhibit, display, publish, and distribute your Likeness as part of the recorded and posted classes. You acknowledge and agree that you are not being paid, and you hereby waive any right to be paid, any royalties, license fees, or other compensation, remuneration, or consideration for the authorizations that you are granting and the permissions that you are giving by agreeing to these terms.
Artixan agrees that it has no right to sublicense or otherwise transfer, without your prior written consent, any of the rights granted to Artixan in your Likeness. Artixan acknowledges that you retain and reserve all rights to your Likeness not licensed to Artixan hereunder. Except as expressly granted herein, Artixan does not have, and may not claim, any right, title, or interest in or to your Likeness.
You acknowledge and agree that Artixan is the sole and exclusive owner of all MP Workshop content posted to its website and you will have no title thereto, or ownership interest therein, or to or in any related advertising or marketing materials.
You release Artixan from all claims for invasion of privacy, right to publicity, copyright infringement, defamation or any other cause of action arising out of Artixan’s use of your Likeness as contemplated herein.
Artixan covenants and agrees that it will not use or disclose in, or in connection with, its use of your Likeness, your email address, postal mailing address, or home or mobile telephone number. Artixan will not use your Likeness for any criminal or illegal purposes or in a manner inconsistent with community standards of decency.
Use Of Materials
Registration and access is for a single user only. You are not permitted to record, reproduce, duplicate, copy, sell, trade, or resell any MP Workshops material. All source materials remain property of Artixan and may not be sold, licensed, or franchised by you, or assigned in any other form.
Refunds / Cancellation
Artixan reserves the right to cancel at any time, e.g., due to insufficient number of registrants, in which case registrants will receive a full refund. Artixan reserves the right to alter or cancel without prior notice any of the arrangements relating directly or indirectly to the conference. Artixan will not accept liability for any losses and/or damage attendees may suffer on account of alteration or cancellation.
Participants who cancel at least twenty (20) calendar days in advance of the first day of the MP Workshop Series will receive a full refund less a $250 cancellation fee.
Participants who cancel less than twenty (20) calendar days in advance of the first day of the MP Workshop Series or after the MP Workshop Series has begun will not receive any refund.
Participants who fail to attend all or part of the MP Workshop Series they have registered for will not receive any refund.
In the event that Artixan is required to cancel the MP Workshop Series due to extraordinary circumstances, your registration fee will be fully refunded.
Regarding organizations/sponsors that pay for an individual to participate: If you pay for another individual to participate, you are purchasing a non-transferable, non-refundable single seat license for that individual to use the program. At the same time, it is up to you to screen each participant to make sure that they will meet your expectations by completing it, and for you to communicate with them about how and when they should complete and apply the MP Workshops in a way that meets your goals and those of your organization. If the individual chooses to not participate or leaves the organization for whatever reason, no refunds are permitted. Any certification provided to the individual remains with the individual regardless of his or her employment status with their organization.
Complaint and Dispute Resolution Process
If you have any complaint or disputes with us during the MP Workshops that are not covered by the terms herein, please email us your complaint at mp@artixanconsulting.com and we will set up time to discuss it and attempt to reach resolution collaboratively.
Intellectual Property
Trademarks
The Manager’s Palette is a registered trademark of Artixan. All Manager’s Palette logos and service names are now or are pending status as trademarks of Artixan. The Manager’s Palette’s trademarks, pending trademarks, and service names may not be used in connection with any product or service that is not Artixan’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Artixan. All other trademarks not owned by Artixan that appear on Artixan’s websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Artixan. Any images of persons or personalities contained on Artixan’s websites shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
Use Of Information Submitted
Artixan is free to use any comments, concepts, reviews, information, ideas, or techniques contained in any communication you may send to Artixan, including, without limitation or payment to you, participation in the MP Workshops, responses to questionnaires or through postings to Artixan websites (collectively, “Submitted Materials”) without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, using your Likeness and voice/comments in our member area based on our classes and your participation/attendance; developing, manufacturing and marketing products; and creating, modifying or improving Artixan’s websites. In addition, by posting any information on our site, attending MP Workshops, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information. Under no circumstances shall Artixan have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submitted Materials upon the occurrence of a transfer of all or any portion of Artixan’s business through a merger, sale or transfer of its assets, nor shall the sale of advertising on any of the websites give rise to any obligation to pay a fee to subscribers.
Links
Some of the links on Artixan’s websites may lead to other websites that are not controlled by, or affiliated with, Artixan. In addition, other websites may link to Artixan’s websites. Artixan has not reviewed these websites and is not responsible for the content or privacy policies of these websites.
Contact
If you have questions concerning this privacy policy or the terms of use, please contact mp@artixanconsulting.com.
General Information
This Agreement and the relationship between you and Artixan shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Artixan irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Artixan to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herewith and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Artixan of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.