Subscription/Membership Agreement

This Subscription/Membership Agreement (the "Agreement") is entered into by and between Armas Design LLC, hereinafter referred to as the "Company," and the individual or entity accessing and using the subscription/membership service (the "Member").

1. Membership Access and Usage

1.1 Purpose: The Member agrees to access and use the Company's subscription/membership service for the purpose of learning and improving their painting skills.

1.2 Non-transferable: Membership access is personal and non-transferable. The Member shall not share, sell, or transfer their login credentials to any third party.

1.3 Service Changes: The Company reserves the right to modify, suspend, or discontinue any aspect of the subscription/membership service at any time without prior notice.

2. Intellectual Property Rights

2.1 Ownership: All content provided through the subscription/membership service, including but not limited to tutorials, videos, images, instructional materials, and any associated trademarks or logos (collectively, the "Content"), is the exclusive property of the Company or its licensors.

2.2 Copyright Protection: The Member acknowledges and agrees that the Content is protected by copyright, trademark, and other intellectual property laws. The Member does not acquire any ownership rights in the Content by accessing the subscription/membership service.

2.3 Limited License: The Company grants the Member a limited, non-exclusive, non-transferable license to use the Content for personal, non-commercial purposes only. This license is revocable at any time at the Company's sole discretion.

2.4 Legal Action: Any unauthorized use, reproduction, or distribution of the Content may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law.

3. Prohibited Uses

3.1 Content Restrictions: The Member agrees not to reproduce, distribute, display, perform, transmit, create derivative works from, or otherwise exploit the Content in any way other than expressly permitted under this Agreement.

3.2 Style Imitation: The Member shall not use the knowledge gained from the subscription/membership service to replicate or imitate the artistic style of the Company's artist/administrator for commercial purposes.

3.3 Prohibited Activities: The Member shall not: a) Use the subscription/membership service for any illegal or unauthorized purpose; b) Attempt to gain unauthorized access to any part of the service or its related systems; c) Interfere with or disrupt the integrity or performance of the service; d) Harass, abuse, or harm another person through the use of the service; e) Collect or store personal data about other Members without their express permission.

4. Confidentiality

4.1 Confidential Information: The Member shall keep confidential all information learned through the subscription/membership service, including but not limited to techniques, methods, and other proprietary information disclosed by the Company.

4.2 Duration: This confidentiality obligation shall survive the termination of this Agreement for a period of five (5) years.

5. Non-Compete and Non-Solicitation

5.1 Restrictions: During the term of this Agreement and for a period of two (2) years after its termination, the Member agrees not to: a) Engage in any business or activities that directly compete with the Company's subscription/membership service; b) Solicit any customers, members, or employees of the Company for any competing business; c) Encourage any customers, members, or employees to terminate their relationship with the Company.

5.2 Acknowledgment: The Member acknowledges that this non-compete provision is reasonable and necessary to protect the Company's legitimate business interests.

6. Payment and Refunds

6.1 Fees: The Member agrees to pay all fees associated with the subscription/membership service as outlined on the Company's website.

6.2 No Refunds: All fees are non-refundable unless otherwise stated in the Company's refund policy, which may be updated from time to time.

6.3 Fee Changes: The Company reserves the right to change its fees or billing methods at any time. The Company will provide notice of any such changes by posting the new fees on the website or by email.

7. Termination

7.1 Company Termination: The Company reserves the right to terminate the Member's access to the subscription/membership service at its sole discretion, without refund, in the event of a violation of this Agreement.

7.2 Member Cancellation: The Member may terminate their membership at any time by following the cancellation process outlined on the Company's website.

7.3 Post-Termination: Upon termination, the Member's right to access the Content shall immediately cease, and the Member shall destroy any downloaded materials in their possession.

8. Disclaimer of Warranties

8.1 As-Is Service: The subscription/membership service is provided "as is" and "as available" without any warranties of any kind, either express or implied.

8.2 No Guarantees: The Company does not warrant that the service will be uninterrupted, error-free, or free of viruses or other harmful components.

9. Limitation of Liability

9.1 Damages Limitation: To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

9.2 Liability Cap: The Company's total liability arising out of or related to this Agreement shall not exceed the total amount paid by the Member for the subscription/membership service in the twelve (12) months preceding the event giving rise to the liability.

10. Indemnification

10.1 Member Indemnity: The Member agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with the Member's access to or use of the subscription/membership service.

11. Governing Law and Jurisdiction

11.1 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of Georgia, USA, without regard to its conflict of law provisions.

11.2 Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association. The place of arbitration shall be Atlanta, Georgia.

12. Modifications to the Agreement

12.1 Updates: The Company reserves the right to modify this Agreement at any time. The Company will provide notice of any material changes by posting the new Agreement on the website or by email.

12.2 Acceptance: The Member's continued use of the subscription/membership service after such modifications constitutes acceptance of the updated Agreement.

13. Severability

13.1 Clause Validity: If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

By accessing and using the subscription/membership service, the Member acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.