Terms and Conditions
Notice
When using our online platform and the in-person programming of the Orfe EcoArt Program, you are accepting all the Terms and Policies applicable to such services which may be changed at any time. These Terms will be applied fully and affect your use of this Website for both the in-person and online programs. By using this Website and any of our programs, you agree to accept all Terms and Conditions written here. You must not use this Website or enroll in any of the Orfe EcoArt Programs if you disagree with any of these Website Standard Terms and Conditions.
Description
We provide an online platform that enables educators in different disciplines, artists, and teachers, whom we refer to as “the instructor”, to provide classes as independent contractors to Parents, School Boards, and other Organizations, for the benefit of children from 3 to 18 years old. 1) As the limited agent of the Online Programs instructors, we are authorized to accept payment from parents on behalf of the teacher. This includes securely storing the payment information and processing the payments in a timely and accurate manner. 2) The In-Person Program teachers will receive payments under the matters described in a signed Agreement, in which mutual benefits and obligations are set forth.
The Orfe EcoArt Program may provide the Guidelines for Structuring Environmentally Focused Curriculums to be used to align the content of the instructors’ classes, but do no dot establish any agreements between parents and the instructors.
Account Terms
Users are required to create an account to use this online platform.
-To register, you must be over 18 years old.
-If the user is a minor, the parent must read the terms and agree to them.
-You must provide true information. Accounts registered by “bots” or other automated methods are not allowed.
-You are responsible for maintaining the confidentiality of your password and account, and fully responsible for all activities that occur under your password or account, including fees charged to the account. If you lose control of your password, you lose substantial control over personal and account information, and may be subject to legally binding actions. You agree to (a) immediately notify Orfe EcoArt Program of any unauthorized use of password or account or any other breach of security, and (b) ensure that you will log out from the account at the end of each session. Orfe EcoArt Program cannot and will not be liable for any loss or damage of any nature arising from your failure to comply with this Section.
Changes
Be aware that the Terms and Policies of Orfe EcoArt Program may be changed from time to time or temporarily suspend the Service without notice, as Orfe EcoArt Program is committed to a continuous improvement of its services. All the changes to our Terms and Policies will be reflected on this page, and you will receive an email notification. The user agrees that the Orfe EcoArt Program shall not be liable for any modification or suspension of the Service. Your continued use of this website and any of the Orfe programs means you have accepted the new changes. Any charges or fees in this platform can be changed at any time. Those changes will not apply to fees or charges paid for services used prior to the time of the change.
Use and Storage
To provide Orfe EcoArt Program’s services to our users and customers, we require some personal information. The nature and precise use of your personal information will be outlined at the time of information collection. In addition to these uses, your personal information may also be required for the efficient administration of the Orfe EcoArt Program, the creation and maintenance of user lists, the monitoring of services, and the production of marketing materials concerning services and developments related to Orfe EcoArt Program. At no time will your information be released to any outside agency or organization (unless such an organization has been contracted to perform Orfe EcoArt Program-related work and agrees to be bound by Orfe EcoArt Program’s Privacy Policy).
Class Recording
Users/customers of the Orfe EcoArt Program are expressly prohibited from recording our content. Only Orfe EcoArt Program is allowed to record any content related to its services. Recordings may not be reproduced, shared, or uploaded to other platforms. If Orfe EcoArt Program plans on using these recordings for purposes other than keeping a record of the classes.
User/customer’s Consent for Class Recording
I, (the User/Customer), understand that I am attending/providing class sessions that may be audio or video recorded. I was informed or made aware of this by reading this term before the start of the class. I hereby permit the Orfe EcoArt Program to record my voice or likeness as I participate in these classes. I am consenting to allow these materials to be used for educational, security, legal, or safety purposes. I understand that I will receive no money or remuneration of any record from the Orfe EcoArt Program. I understand that my consent here is independent of and separate from any other directive or consent I may have given to the Orfe EcoArt Program concerning the release of my voice or likeness (such as for the release of Directory Information). I understand my consent is a requirement for my participation in the Orfe EcoArt Program activities.
Parents’ Consent to take photos and videos of their children
I give my permission for Orfe to take photos/video of my child when participating in any of the Orfe Activities and use the photos/video of my child on www.orfeart.com, Orfe social media, and in all form’s media. Said photos and videos will be used appropriately and solely for the marketing of the Orfe Eco Art Program, online or in printed materials. I reserve the right as a parent to withdraw my permission at any time in writing.
Understanding Our Expectations for Conduct on the Orfe EcoArt Program Community Sites
Orfe EcoArt Program wishes to make your experience on our website and online media enjoyable and educational. Therefore, we encourage you to review the following guidelines before participating in our online community. These guidelines may be updated periodically as described in the Terms of Service.
When you access and participate in the online community sites, you are solely responsible for your conduct. The following are some, but not all, requirements for your participation in our communities:
-We welcome constructive criticism of the Orfe EcoArt Program, but we cannot allow misrepresentation of the Orfe EcoArt Program or our teachers to be posted on our website.
-We reserve the right to remove any content that others may find offensive or threatening.
-We will not tolerate racism, sexism, homophobia, other forms of hate speech, or contributions that could be construed as such.
-We will remove any content that may put us in legal jeopardy. Also, any content that constitutes a violation of the terms of use.
-We will remove any posting that is commercial or otherwise spam. It is our goal that this site will actively discourage commercial entities that pose as individuals and persons or organizations that attempt to post advertising material or links without substantially increasing the quality of service of the Orfe EcoArt Program.
-You cannot invade or violate the privacy of any user, including sharing personal information about any individual in a public area of the site.
-You cannot transmit any material containing viruses or other malicious elements; or break any local, state, or federal law in conjunction with the use of the site.
-You can not share any material that you have paid for with anyone who has not purchased it.
Online instructors’ responsibility
– To apply as an Instructor in the Orfe EcoArt Program, you agree to send electronically your resume, legal background of the country where currently reside, two legal documents of the country of residence, a video of no more than 3 minutes giving a demonstration of the class in the classroom to use.
– You agree to align your course content with our environmental guidelines.
You are responsible for setting up all the information on your course, such as the class content, introductory video profile, price, and schedule for posting on the online platform.
– Following our general terms and policies, the Orfe EcoArt Program reserves the right to approve or disapprove classes or profiles from the platform.
– You are responsible to provide your Annual Background Check.
– Orfe EcoArt Program has the right to suspend or eliminate classes or profiles from the platform for any reason that merits it according to our security policies and general terms.
– All information shared with our community in the different social media must be done with respect, inclusion, and in terms that represent the ethics and values of the program.
– No user information such as photos, emails, screenshots, recorded conversations, personal data, and personal information should be shared for any reason whatsoever.
– You understand that Orfe EcoArt Program is not your employer. The Orfe EcoArt Program is a limited agent that receives payments from those who hire your classes and connects them to you according to our terms.
– You agree and accept all terms and conditions of this site.
– As an instructor in the Orfe EcoArt Program, you must report any suspected cases of child abuse that you see during your work in the Orfe EcoArt Program.
– You are also responsible for maintaining users’ privacy online. This means that you must not reveal or encourage users to reveal any personal information about an individual user or any user. Such personal information may include but is not limited to, the user’s full name, date of birth, personal email address, address, or phone number. Requesting users to share their country location, state, or city is acceptable if they are given the option not to share if they prefer not to.
– In addition to not sharing personal information about users, you must not share any private information about users outside this platform. This includes users’ voices (audio), user’s names, or user’s This includes sharing photos, short or long videos, and any kind of multimedia material on social networks, websites, and any other digital or physical communication or interaction channel.
– Since classes are recorded, it is also important to protect the privacy of the users on the screen. If users have revealed personal information or violated their privacy on camera, appropriate measures must be taken to prevent this information from being viewed by other users. Likewise, if this type of incident occurs, it is advisable to remind the user of the agreements on privacy and protection of personal information. Also, once the class is over, you must contact the Orfe EcoArt Program Security team. In cases where the user’s privacy is compromised, Orfe EcoArt Program may choose to delete a recording.
– You are unilaterally responsible for setting the fees for your courses and workshops. Therefore, the Orfe EcoArt Program is only an intermediary that allows for the unilateral fixing of fees by the instructors. However, our recommendation is to work with an average price per student of 15-35 CAD.
– While teaching a class online, you must keep your video enabled for the entire duration of the class,
– You are responsible for the confirmation of the student’s identity at the beginning of your classes by asking the students to turn on their cameras at least at the beginning of each class.
Student Responsibility
– Always listen carefully to the instructor and follow instructions.
– Be kind with your action and words.
– Use appropriate language.
– Raise your hand to ask questions.
– Practice practical time management to complete art projects on time.
– Be mindful of materials and avoid misuse and waste.
– Do not share any personal information that compromises your security.
– In your online classes, turn on the camera at the beginning of your classes to verify that is you.
_Ask questions in a respectful and positive manner.
Payment Terms
Customer
The user/customer pays the established fee for each course in the currency of the Orfe EcoArt Program’s country of origin. The payment is made once the purchase is confirmed. The customer is responsible for any tax applied.
Online Instructor
The instructor receives as pay the fee that the user pays for the class minus the fee for the Orfe EcoArt Program services, following the policies established in Teacher’s Policy. This payment is made through the instructor’s PayPal
In-Person Instructor
The In-Person Program teachers will receive payments under the matters described in a signed Agreement, in which mutual benefits and obligations are set forth.
Intellectual Property Rights
Other than the content you own, under these Terms, Orfe EcoArt Program and/or its licensors own all the intellectual property rights and materials contained in this Website.
All the content, design, logos, photos, audio, and images on www.orfeart.com, its online program platform, and/ or its licensors, are, unless otherwise noted, the property of Orfe EcoArt Program. You are granted a limited license only for the purposes of viewing the material contained on this Website.
We made our best efforts to credit content and images that are not the property of our program, however, whether there is an unintentional mistake, you should contact us at info@orfeart.com.
Being “Respectful” is one of our greatest values, we ask you to respect the intellectual property of others, as we do. If you notice that your intellectual property rights have been violated, please contact us to help you act in this matter.
Service Content, Software, and Trademarks
You must consider the copyright and trademark laws of any material you use when creating your class list and its contents. While we cannot advise you on specific legal issues, we have set forth below the Orfe EcoArt Program’s policy on the treatment of content that is protected. We offer some suggestions, such as using public domain content, finding open source or commercially licensed images, and providing attribution in your class list. Also, we review how to reference a trademark in your class catalog and make it clear that your class is not an official trademark product.
Orfe EcoArt Program Treatment of Copyright and Trademark Material
The Orfe EcoArt Program is respectful of the intellectual property rights of others. Accordingly, we will act as follows in situations involving the possible use of trademarked and/or copyrighted material on this platform:
When Orfe EcoArt Program is notified of trademark infringement involving a trademark, and copyrighted material we will immediately evaluate the claim and determine whether the identified material needs to be removed – if so, this may mean that your class will be removed in its entirety until you remove the identified trademark and/or copyrighted material from your list.
Copyright and Trademark Protection
Copyright protects creative works such as books, photographs, images, art, films, videos, and music. If someone holds the copyright to such creative work, it means that they have certain exclusive rights to the content, including the exclusive right to reproduce the content, usually for a certain time, after which it falls into the public domain and is no longer subject to copyright. Under the principle of “fair use“, copyrighted materials may be used without infringing on them for certain purposes, including criticism and non-profit education, provided that certain legal criteria are met.
Trademarks protect the use of names, words, logos, and symbols that have been used or registered to represent a specific company or product. If you refer to a registered trademark name, it is important to keep it from creating confusion and to make it clear that a class is not an official product or that it has a relationship to the trademark in question.
If you use any creative material such as an image or video clip as part of your class, you must have the right to use the content you upload. Many images and other creative works online are copyrighted and not available for reuse. You may not use any photograph, image, video, music, or reproduction (e.g., a photograph) of any copyrighted creative work of another person.
Many other online sites make images available for free use. Please, note that it may not be possible to know whether the person who made those images available had the right to do so. Do not trust all sites that offer free images and always check and comply with the terms of the image license before uploading it.
Copyright Complaints and Infringements
If you are a copyright owner or owner’s agent and believe that content on the Orfe EcoArt Program online platform may infringe one or more of your copyrights, please, send us an email with the following information: “DMCA Notice“.
Third-Party Websites
This site may contain links to websites controlled by third parties not affiliated with the Orfe EcoArt Program. Orfe EcoArt Program is providing such links for your convenience only. Orfe EcoArt Program does not sponsor, endorse, authorize, or have any affiliation with such third parties. Thus, Orfe EcoArt Program disclaims responsibility for any information, material, products, or services provided at any of these third-party sites linked to this website. Those third-party sites may have their own terms and conditions (as well as privacy policies) that are different from those set forth herein.
Assignment
The Orfe EcoArt Program is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Disclaimer of Warranties
Except as specified in this agreement, all express or implied conditions, representations, and warranties, including any implied warranty of merchantability, suitability for a particular purpose, or non-infringement, are disclaimed except to the extent that such disclaimers are held to be legally invalid.
Liability
In no event shall Orfe EcoArt Program, nor any of its officers, directors, and employees be held liable for anything connected with your use of this Website whether such liability is under contract.
Indemnification
You hereby fully indemnify Orfe EcoArt Program from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Orfe EcoArt Program is permitted to revise these Terms at any time as it sees fit, and by using this Website, you are expected to review these Terms regularly.
Termination
In the event of a breach, Orfe EcoArt Program shall, without limiting any other rights it may have in law or equity, have the right to terminate this agreement without cost, penalty, or process of law upon giving a minimum of twenty-four (24) hours prior written notice to the user. In the event of a conflict of interest, the company reserves the right to interpret and apply the usage policies as it deems necessary.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted following the laws of the State of Canada, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Canada for the resolution of any disputes.
Interpretation and Definitions
Interpretation
The following definitions shall have the same meaning regardless of whether they appear singular or plural.
Definitions
For this Policy and Website:
– Account: This means an individual account created for you to access our Service or parts of our Service.
-Company: (referred to as either “the Company”, “Platform”, “We”, “Us” or “Our” in this Agreement) refers to Orfe EcoArt Program.
-Cookies: These are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
-Country: This refers to Canada
-Device: This means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
-Instructor: This refers to the person who prepares a course or is assigned or develops the topics to be presented during the course.
-Personal Data: This is any information that relates to an identified or identifiable individual.
-Service: This refers to the activities provided online and in person.
-Service Provider: This means any natural or legal person who performs a task on behalf of the Company. It may refer to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.
-Usage Data: This refers to data collected automatically, either generated using the Service or from the Service infrastructure itself (for example, the duration of a page visit).
-User: This refers to an individual who regularly uses the services or products of the website.
-Customers: These are individuals or organizations that purchase goods or services from a company.
-Website: This refers to this site, accessible from www.orfeart.com
-You: This means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.