Effective Date: 16 July 2025
1. Introduction and Acceptance of Terms
- These Terms & Conditions (“Terms”) govern your access to and use of the websites, content, products, and services provided by Fun Arts Academy, operated by Grollth Company (collectively, “Fun Arts Academy,” “we,” “us,” or “our”), including without limitation the website located at funartsacademy.com and any related subdomains, mobile versions, applications, or services (collectively, the “Services”).
- By accessing or using the Services, creating an account, or clicking to accept or agree to these Terms when this option is made available, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
- If you are accessing or using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” and “your” will refer to that organization.
2. Changes to the Terms
- We may modify these Terms at any time. If we make material changes, we will provide notice, such as by posting an updated version on the Services and updating the “Effective Date,” by sending an email, or by another reasonable method.
- Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree, you must stop using the Services.
3. Eligibility and Accounts
- You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Services. If you are under 18 (or the age of majority), you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
- You agree to provide accurate, current, and complete information when creating an account and to keep your information up to date.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use or suspected breach of security.
- We reserve the right to refuse registration, suspend, or terminate accounts at our discretion.
4. Permitted and Prohibited Conduct
4.1 Permitted Use
- You may access and use the Services for your personal, non-commercial, or authorized educational or organizational purposes, subject to these Terms and any applicable written agreement with us.
- You may download or print content from the Services solely for your permitted use and only in accordance with any usage guidelines we provide.
4.2 Prohibited Conduct
You agree not to:
- Copy, reproduce, distribute, publicly display, perform, or create derivative works from the Services or any content except as expressly permitted by these Terms or with our prior written consent.
- Use any automated means (including bots, crawlers, or scrapers) to access the Services, extract data, or circumvent access controls, except as permitted by a robots.txt file or with our prior written permission.
- Interfere with or disrupt the Services or servers, including by introducing malware, engaging in denial-of-service attacks, or attempting to gain unauthorized access to systems or data.
- Upload, post, transmit, or otherwise make available any content that is unlawful, defamatory, harassing, threatening, hateful, discriminatory, obscene, pornographic, exploitative, invasive of privacy, infringing, or otherwise objectionable.
- Impersonate any person or entity, misrepresent your identity or affiliation, or engage in fraud.
- Infringe, misappropriate, or violate the rights of others, including intellectual property, privacy, or publicity rights.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used to provide the Services except to the extent such restrictions are prohibited by applicable law.
- Use the Services for any illegal purpose or in violation of any applicable law or regulation.
- Bypass or disable any security or technological features of the Services.
- Collect, use, or disclose personal information about other users without their consent, or harvest user data for marketing or spamming.
- Use the Services in a way that could damage, disable, overburden, or impair the functionality or interfere with others’ use.
5. Educational Content; No Professional Advice
- The Services may include educational content, tutorials, classes, workshops, and guidance related to arts and creative practices. Such content is provided for informational and educational purposes only and does not constitute professional, legal, financial, medical, therapeutic, or career advice.
- You are solely responsible for your reliance on the content and for any outcomes related to your use of the Services.
6. Purchases, Subscriptions, and Payments
- We may offer paid products, classes, subscriptions, or other offerings. Prices, features, and availability are subject to change without notice.
- By purchasing, you authorize us and our payment processors to charge your designated payment method for all applicable fees, taxes, and charges. You represent that you are authorized to use the payment method provided.
- Subscriptions renew automatically at the then-current rates unless you cancel in accordance with the cancellation instructions in your account or applicable offering. To avoid renewal charges, cancel before your renewal date.
- Except as required by law or expressly stated by us, all fees are non-refundable. Certain offerings may have additional terms that apply; in the event of a conflict, those additional terms control.
7. Intellectual Property Rights
7.1 Our Content
- The Services, including all content, information, logos, trademarks, service marks, trade names, graphics, designs, interfaces, software, audio-visual works, educational materials, and other materials provided by or on behalf of Fun Arts Academy (collectively, “FAA Content”), are owned by or licensed to Grollth Company and are protected by copyright, trademark, and other intellectual property laws.
- Except as expressly permitted in these Terms, you may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, display, license, sell, or otherwise exploit FAA Content without our prior written consent.
- All rights not expressly granted are reserved.
7.2 Trademarks
- “Fun Arts Academy,” “Grollth Company,” and associated logos are trademarks or service marks of Grollth Company or its affiliates. Other trademarks appearing on the Services are the property of their respective owners. You may not use any trademarks without prior written permission.
8. User Content and License
8.1 User Content
- “User Content” means any content you submit, upload, post, create, transmit, or otherwise make available through the Services, including without limitation artwork, assignments, projects, comments, messages, photos, videos, audio, and feedback.
- You represent and warrant that you own or have the necessary rights to submit the User Content and grant the licenses set forth herein; that your User Content does not infringe or violate the rights of any third party; and that your User Content complies with these Terms and applicable law.
8.2 License to Fun Arts Academy
- By providing User Content, you grant Fun Arts Academy a worldwide, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license to host, store, reproduce, adapt, modify, create derivative works, publish, translate, publicly perform, publicly display, distribute, and otherwise use such User Content in connection with operating, improving, promoting, and providing the Services (including use in classes, galleries, showcases, marketing, social media, and promotional materials), subject to any privacy settings or specific opt-outs we make available.
- Where your User Content includes personal data, our use will be subject to our Privacy Policy and applicable data protection laws.
8.3 License to Other Users
- You may choose to share User Content with other users or publicly. If you do so, you grant those users a non-exclusive license to access and use your User Content as permitted by the functionality of the Services and these Terms. You may revoke this license by changing sharing settings or removing the content, except to the extent the content has been incorporated into others’ works, has been downloaded by others, or has been used in accordance with a separate license you granted.
8.4 Feedback
- If you provide suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback without restriction or compensation to you.
8.5 Moral Rights
- To the extent permitted by law, you waive and agree not to assert any moral rights or rights of attribution with respect to our permitted uses of your User Content. Where a waiver is not enforceable, you agree to not enforce such rights in a manner that would interfere with our rights under these Terms.
9. Third-Party Services and Links
- The Services may include links to or integrations with third-party websites, platforms, products, or services (“Third-Party Services”). We do not control and are not responsible for Third-Party Services, which are governed by their own terms and policies.
- Your interactions with Third-Party Services are solely between you and the third party. We are not liable for any damages arising from your use of Third-Party Services.
10. Privacy
- Our collection and use of personal data is described in our Privacy Policy. By using the Services, you consent to our collection and use of personal data as described therein.
11. Copyright Infringement and DMCA
- We respect intellectual property rights and expect users to do the same. If you believe that content on the Services infringes your copyright, please send a notice that complies with applicable law (e.g., 17 U.S.C. §512 for U.S. works) to our contact listed below. We may remove or disable access to allegedly infringing content and may terminate repeat infringers’ accounts.
12. Disclaimers
- THE SERVICES AND ALL FAA CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
- WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR MATERIALS, OR ANY OUTCOMES FROM USING THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
13. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FUN ARTS ACADEMY, GROLLTH COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) USD $100.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
14. Indemnification
- You agree to defend, indemnify, and hold harmless Fun Arts Academy, Grollth Company, and their affiliates, officers, directors, employees, agents, licensors, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to: (a) your use of, or activities in connection with, the Services; (b) your User Content; (c) your violation of these Terms or any applicable law; or (d) your violation of any rights of another person or entity.
15. Suspension and Termination
- We may suspend or terminate your access to the Services, in whole or in part, at any time and without notice, if we believe you have violated these Terms, pose a risk, or for any other reason at our discretion.
- Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnities, dispute resolution, and governing law) will survive.
- We may retain and use your information as permitted by law and our Privacy Policy. We may deny re-registration or future access to the Services.
16. Governing Law
- These Terms and any disputes arising out of or relating to them or the Services are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR), without regard to conflict of laws principles.
17. Dispute Resolution; Arbitration; Class Action Waiver
- Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected] and providing a brief written description of the dispute and your contact information. If the dispute is not resolved within 30 days of our receipt, either party may initiate formal proceedings.
- Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Services, including the formation, existence, breach, termination, or validity thereof, shall be referred to and finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
- Injunctive Relief. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information pending final resolution.
- Class Actions and Jury Trial Waiver. To the fullest extent permitted by law, you and we agree that any proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action, and you waive any right to a jury trial.
18. Children’s Privacy
- Our Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 without verifiable parental consent. If you believe we have collected such information, please contact us and we will take appropriate steps.
19. International Use and Export Controls
- You are responsible for complying with local laws applicable to your use of the Services. You agree not to export, re-export, or transfer any part of the Services or related technical data in violation of applicable export control or sanctions laws.
20. Communications; Electronic Signatures
- You consent to receive notices and communications electronically, including by email or by posting on the Services. Such communications satisfy any legal requirement that they be in writing.
- By creating an account or making a purchase, you agree that we may send you informational and transactional communications. You may opt out of non-essential marketing emails as described in our communications.
21. Modification, Availability, and Service Updates
- We reserve the right to modify, suspend, or discontinue all or part of the Services at any time without liability to you. We may release updates, changes, or new features, which may be subject to additional terms.
22. Severability and Waiver
- If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
- Our failure to enforce any right or provision will not constitute a waiver of such right or provision.
23. Assignment
- You may not assign, transfer, or delegate these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.
24. Entire Agreement
- These Terms, together with any additional terms expressly incorporated by reference and our Privacy Policy, constitute the entire agreement between you and Fun Arts Academy regarding the Services and supersede all prior or contemporaneous understandings.
25. Contact Information
- Email: [email protected]
- Address: Room A11, 7/F, Block A, Superluck Industrial Centre Phase 2, 57 Sha Tsui Road, Tsuen Wan, N.T., Hong Kong
26. Effective Date
- These Terms are effective as of the Effective Date stated above.
Addenda
A. Community Guidelines
- Be respectful, constructive, and inclusive. No harassment, hate speech, or doxxing.
- Provide only content you own or are authorized to share.
- Follow class- or program-specific rules.
B. Recording and Classroom Participation
- Live classes or workshops may be recorded for quality and educational purposes. By participating, you consent to being recorded and to our use of recordings as described in Section 8, subject to our Privacy Policy. If you do not consent, do not participate in recorded sessions or use available opt-out mechanisms where offered.
C. Physical Activity and Safety Notice
- Some activities may involve use of tools, materials, or physical actions. Participate at your own risk and use appropriate safety precautions. Follow all instructions and safety warnings.
D. Scholarships and Promotions
- Scholarships, discounts, and promotional offers are subject to eligibility criteria and additional terms. We may modify or discontinue such programs at any time.