Novacelestia.com (the “Website”) is a website covering various topics on drawing and art, created and provided by Red Not Black Technologies Inc. (“we”, “us”, “our”, or “BnR”).
We are a company that has developed certain proprietary material for the purposes of providing information to users who want to improve their artistic abilities, including the Website, and certain practice materials and e-books available for purchase (“Products”). Users may subscribe for premium memberships to access certain additional content available through the Website on a monthly or yearly term (a “Subscription”).
If you breach any provision of this Agreement, your right to access the Website, and any applicable Product, shall cease immediately.
Children are welcome to use the Website or our Products with adult supervision, but we require that anyone creating an account, or purchasing a Product or a Subscription has reached the age of majority. By creating an account, purchasing a Product or a Subscription, signing up for our newsletter, or providing us with your Personal data, you warrant to us that you are at least 19 years of age.
Permitted Use of Website
We grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, non-commercial use. Access to and use of the Website other than for your personal, non-commercial purposes is strictly prohibited. You agree not to use the Website, inclusive of any of the Products:
- in any unlawful, fraudulent, or commercial manner, or any other manner prohibited under this Agreement;
- to upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- to use the Website to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
- to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
- to attempt to gain unauthorized access to the Website, whether through password mining or any other means;
- to use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website;
- to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Website;
- to license, sell, rent or lease any part of the Website; or
- to submit any information using the Website that amounts to a breach of any third party’s privacy.
User Information, Name, and Password
Concurrently with the creation of a Website account (the “Account”), you will be asked to provide a username and password. You will be entirely responsible for maintaining the confidentiality and security of your password, the email address associated with the Account, your username, and any other security information related to the Account. You will be responsible for all activities that occur under your Account. You further agree not to use the Account, username, or password of another individual, or permit the use by any third party of your Account, at any time. You agree to immediately notify us of any unauthorized use of the Account password, user name, e-mail, or any other breach of security.
We will not be liable for any loss incurred by the User as a result of any breach of Account security, and you agree to indemnify us for any loss incurred by us as a result of any breach of Account security.
We reserve the right, in appropriate circumstances and at our discretion, to terminate your Account or access, if you infringe our intellectual property rights.
Third Party Links
We may provide links on the Website to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. We have not reviewed all of the websites linked on the Website and accept no responsibility for the contents of third-party websites. The inclusion of any link does not imply endorsement by BnR of such a website. Use of any such linked website is at your own risk. Any links to third-party websites, excluding any paid advertisements, are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the use of any third-party websites or for any acts, omissions, errors, or defaults of any third party in connection with their website.
BnR derives some income through affiliate programs and display advertisements conducted through the Website. If you click an affiliate link or ad banner and buy the product, you help support this Website because we will receive a percentage of that sale.
What this means for you:
- we do not and will not recommend a product just because we are an affiliate for the purposes of generating income;
- we became an affiliate to earn some revenue towards the costs of running and maintaining the Website. Where we have direct control over which ads are served on the Website, we only offer products that are directly related to the topic of the Website and products that we believe you would have a genuine interest in or need of; and
- we respect our users too much to let the compensation we receive influence the content, topics, posts, or opinions expressed on the Website.
The Website is 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, amazon.ca, amazon.co.uk, audible.com, and any other website that may be affiliated with Amazon Services LLC Associates Program.
Disclaimer and Release
All content provided through the Website, or any Product, is for informational purposes only. We make no representation or warranty that:
- the information received through the Website or any Product will be accurate or complete;
- the Website and Products will meet your requirements;
- access to the Website will be uninterrupted, timely, secure, or error-free;
- the quality or reliability of the Website will meet your expectations; or
- the Website, or any Product, will in fact be beneficial to your overall artistic skill level.
The Website, inclusive of the Products, is provided on an “as is” and “as available” basis. BnR expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title, and non-infringement.
You agree that any use of the Website, or any Product, will be at your own and sole risk and that you will be solely responsible for any loss or damage to you in connection with such actions. You agree to release us from any and all liability arising from any injury, loss, costs, or damage resulting from your use of the Website, or any Product.
You further agree to release us from all liability if the connection with the Website becomes unavailable. You agree that we hold no responsibility with regard to your computer system, software data, or any other technical difficulty occurring in connection to the Website, and agree to release BnR from any liability with regard to any computer viruses or computer corruption to you or any other party’s computer or other device used to connect to the Website.
You agree that we will not be liable for any failure or delay in performing under this Agreement where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
You acknowledge and agree that the disclaimers of warranties and limitations of liability above are an agreed-upon allocation of risk between you and BnR, and further acknowledge and agree that if you did not agree to these limitations of liability, you would not be permitted to access the Website or any Product and that such provisions are reasonable and fair.
You agree to defend, indemnify and hold BnR, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Website or Products, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Website or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of this Agreement and/or any of the representations and warranties set forth above.
All content on this website (the “Content”) has been created by BnR, and we own and retain all proprietary rights in the Content.
None of the Content is to be copied, modified, transmitted, reproduced, or used to create any derivative works, without our express permission.
If you wish to link to articles posted here, you may do so, providing you include a full link back to the original article.
Terms and Termination
This Agreement will remain in full force and effect while you use the Website or any Product and/or continue to have an Account.
You acknowledge and agree that we may, at our sole discretion, terminate your access to the Website or any Product for any reason, including, without limitation, your breach of any terms of this Agreement. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for the termination of your access.
You acknowledge and agree that any termination of your access to the Website, or any Product, may be effected without prior notice, and further acknowledge and agree that we may deactivate your Account and bar any further access to the Website.
You acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Website, your Account, or any Product and that upon termination, your information may be deleted or kept as may be necessary.
You agree that any claim or dispute related to the use of the Website, including the use of any Product, whether related to this Agreement or otherwise, including the validity of this arbitration clause, shall be resolved by binding arbitration by the Canadian Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.
In the event that you provide us with any feedback or suggestions regarding the Website or any Product (“Feedback”), you hereby assign to BnR all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate.
Any and all Feedback will be treated as non-confidential and non-proprietary, and you agree not to submit as Feedback any information or ideas that you consider to be confidential or proprietary.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
You shall not assign your rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without our prior, written consent. Any purported assignment by you without the appropriate prior written approval will be null and void and of no force or effect.
This Agreement shall be interpreted only in accordance with the laws of the province of British Columbia, Canada and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in British Columbia.
This Agreement will be binding and will enure to the benefit of the legal representatives, successors, and assigns of the parties hereto.
This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between BnR and yourself with respect to the subject matter contained herein, and you have not relied upon any promises or representations by us with respect to the subject matter except as set forth herein.
No amendment to this Agreement will be effective unless made in writing.
The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
If you have any questions or concerns about this Agreement, we encourage you to contact us via this page.