The GoWestShore Arts Channel is a community collaboration between GAP Publishing Group Inc., the Arts Channel’s web architect, select community sponsors and participating Art Instructors.
The Arts Channel’s online platform is purpose-built to support and sustain an engaging, online art community. It is an educational resource space where art students can continue to assemble and flourish during these difficult times—and beyond.
Our high calibre, national and international art instructors offer hands-on fine arts media workshops to professional artists, teachers and serious adult students from all around the world.
Our mission is to improve lives through community learning—whether you are a professional artist accustomed to or interested in delivering art instruction courses to other artists or an artist seeking professional-grade, online instruction from high-calibre art instructors. We consider our Arts Channel Marketplace model a viable, sustainable and safe alternative space to offer educational art instruction to our users. These AC Terms apply to all activities on the Arts Channel platform including portal, website, courses, modules, lessons, mobile applications, webinar applications, APIs and other Arts Channel Marketplace products & services (“Services”).
If you are an Arts Instructor interested in publishing a course on the Arts Channel platform, you must also agree to the Instructor Terms.
If you live in Canada, by agreeing to these AC Terms, you agree to resolve disputes with GAP through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
The following terminology and acronyms are used through the Arts Channel and AC Terms pages:
- AC – The Arts Channel portal. AC is made up of integrated parts including but not limited to its’ platform, website, courses, modules, lessons, mobile applications, webinar applications, APIs Marketplace products & services, components, processes, sponsors, Art Instructors, Students, partners and community members.
- GAP – GAP Publishing Group Inc. is the owner and architect of the Arts Channel and GoWestShore.com
- ACES – Arts Channel Exclusive Sponsors are valuable stakeholders in the arts community committed to supporting high-calibre arts education. Select Arts Channel sponsors may receive a portion of the Revenue share from the AC sales to support their non-profit organizations.
- ACST – Arts Channel Support Team. ACST is made up of a talented group of editorial, design, website development and marketing professionals dedicated to helping Arts Channel Instructors, Members, Students and other community stakeholders. All functions of the AC are managed by ACST. ACST also collaborates with ACES to identify Arts Channel initiatives.
- ACM – Arts Channel Member. Anyone with an active user account on the Arts Channel.
- ACI – Arts Channel Instructors. ACIs are reviewed and approved by GAP and have an active Instructor status with Art Courses, Art Materials, Supplies and Art Work available through the Arts Channel Marketplace.
- ACS – Arts Channel Students. Active ACS have access to items they have purchased through the Arts Channel Marketplace including Art Courses, Art Materials, Supplies and Art Work.
- ACEC – Arts Channel Evergreen Course. ACS may start and complete their ACEC at any date with a 180-day access period to the entire course, modules and all content.
- ACSM – Arts Channel Single Module. ACS may start and complete their ACSM at any date with a 30-day access period to a specified course module and its related content.
- ACHC – Arts Channel Hybrid Course with a set start and completion date for all registered ACS in an ACHC course. The ACHC course access duration will be specified. ACS will have access to the entire course, modules and all content plus any group calls, webinars or live events as stated by the ACI.
You need an account for most activities on our Arts Channel platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, please visit your members area to change it, or let us know by contacting our ACST. You must have reached the age of consent to use the Arts Channel.
You need an Arts Channel account for most activities on our platform, including to purchase and enroll in a course, purchase products or services in the Arts Marketplace or to submit a course for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete access to, and responsibility for, your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you should choose a strong password, and change it out as necessary. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and AC will not intervene in disputes between ACS or ACI who have shared account login credentials. If you suspect any breach of security with your account, change your password or contact our ACST directly to reset your account.
You must be at least 19 years of age to create an account on the AC and to use any of the Services. Accounts that violates these rules, are subject to termination by the ASCT.
Course Enrollment and Access
When you enroll in a course, you get a license from us to view it via the Arts Channel and no other use. You cannot transfer or resell courses. We grant you a limited access sub-license, except when we must disable the course because of legal or policy reasons.
Under our Instructor Terms, when ACI publish a course on the AC, they grant GAP a license to offer a sub-license access to the course for ACS. This means that we have the right to sub-license the course to the students who enroll in the course. As an ACS, when you enroll in a course, whether it’s a free or paid course, you are getting a sub-license from the AC to view the course via the AC platform and Services, and GAP is the licensor of record. Courses are licensed—not sold—to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it).
In legal, more complete terms, GAP grants you (as a student) a limited, non-exclusive, non-transferable sublicense to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Arts Channel, in accordance with these AC Terms and any conditions or restrictions associated with a particular course or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sub-license, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a GAP authorized representative. This also applies to content you can access via any of our apps, webinars, systems, and APIs.
ACS access to courses, duration, start and stop dates is dependent on how users purchase it.
- Our “Pay As You Go” model permits users to purchase and enroll in an ACEC which generally gives them a 180-day access sub-license to ACS including all course modules and content from the first day that they enroll in a course.
- Our “Solo” model permits users to cherry pick amongst course modules, (like choosing a chocolate from a box). Users purchase an ACSM which gives them a 30-day access sub-license to ACS including only the specific course module and its related content from the first day that they purchase it. Not all courses may have ACSM options. This model is most appropriate for courses without sequential content. ACSM purchases do not include course completion certificates.
- Our “Reservation” model permits users to reserve a seat in an upcoming course. Users purchase and enroll in an ACHC which has a scheduled start and completion date for all registered ACS in the reservation course. The course access duration will be specified by the ACI and will be included in the course description along with availability of seats. ACS will have access to the entire course, modules and all content plus any group calls, webinars or live events as stated by the ACI.
We reserve the right to revoke any sub-license to access and use courses at any point in time in the event where we decide—or are obligated to disable—access to a course due to legal or policy reasons, for example, if the course is the object of a complaint or if we determine its content violates our Policies and Guidelines.
The course access is not applicable to add-on features and services associated with a course. For example, ACI may disabled certain course components, may decide to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the ACS access is to the course content and not to the instructor, unless specifically stated, for example in an ACHC.
ACI may not grant licenses to their courses to students directly, but they may opt in to Promotional Programs that utilize Reward Points, Instructor coupons, special bonuses or incentives.
Pricing, Payments, Credits and Refunds
The prices of courses on the Arts Channel are based on the course type, duration, level of difficulty and the degree and quantity of value-added content included. Each ACI works with the ACST in reaching a base price for their course.
In some instances, an Instructor may offer a similar course on their own or another website. So we work with them to help them differentiate the AC course from those offered elsewhere by including additional or bonus items on the AC course in accordance with the Instructor Terms. Users should expect Arts Channel courses offered by ACI to be different than what may be available in other sites, including the prices.
We regularly run promotions and sales for our courses. As a result, certain ACI courses are available at discounted prices for a set period of time. The price applicable to a course will be the price at the time when you complete your course purchase at checkout. Any price offered for a particular course may also be different if you are logged into your account than the prices available to users who aren’t registered or logged in. Some of our promotions are available only to new users. In other cases, some of our promotions are available only to existing ACS based on their history and accumulation of Reward Points.
The price of ACI supplies, materials, products and art work in the Arts Channel Marketplace is based on prevailing rates at the time of purchase and may be subject to shipping and insurance rates.
All transactions are in Canadian dollars.
All users located in Canada will automatically have GST applied to their purchases.
Users located in a country where sales tax, goods and services tax, or value-added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes or tax may be added at checkout.
If your payment method fails and you still get access to the course enrollment, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
Refunds and Refund Credits
Course Refunds: If you aren’t certain about an arts course, we may offer you a Trial or Preview of a specified module. You may also contact us if you have specific questions prior to enrolling. All art courses—irrespective of the purchase model used—are non-refundable.
However, if the course you purchased is a scheduled ACHC that is subsequently cancelled prior to the start date, you will have the option of:
- forwarding your ACHC enrollment to the next scheduled date set by the ACI;
- applying your course enrollment fee as a credit on your account;
- or receiving a full refund for the ACHC course fee, based on the course being cancelled.
Non-course refunds: When you purchase ACI art-related products, supplies, materials or art work through the Arts Channel Marketplace, you are supporting the sustainability of our arts community initiative, its exclusive sponsors and other stakeholders. ACI are authorized to sell their goods and services through our platform for a commission fee, which is payable to us on completed sales. These fees help us to cover the costs of developing and maintaining the Arts Channel platform, hosting, course management, arts community engagement, communication and other important functions.
You understand and agree that any non-course items that you purchase will be fulfilled by the ACI or their third party, including preparing, packaging, insurance, shipping, and any related post-purchase issues.
Any and all non-course Refunds and Warranty are determined by the ACI on each item and any request for refund, exchange, substitution or alternate arrangements must be done directly through the ACI identified at the time of purchase.
At our discretion, if we believe you are being unreasonably denied a refund from an ACI, we reserve the right to discuss it with the ACI according to the sale of non-course items in our Instructor Terms policy.
Gifts, Discount Codes and Promotional Program Incentives
The Arts Channel, our ACIs, and community Sponsor or partners may offer gift and discount codes to users. These gift and discount codes may be may be directly redeemable for specific courses in the AC.
Other promotional program incentives including the Rewards Program permit users to earn Reward Points which can be redeemed as credits towards purchasing eligible courses on our platform. See our Rewards Program Policy for more details.
These codes, points, incentives, and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your Member account. Gift, discount, points and promotional codes offered have no cash value.
ACI’s may opt in or out of Promotional Programs at any time.
Content and Behavior Rules
When you become a user of the Arts Channel, you are also becoming a member of our online arts community. You can use our platform, tools, resources and interactive communication options, where available, to connect with other registered users. You are responsible for all the community content that you post on our platform. You must keep your comments, reviews, questions, posts, course communication, community forum exchanges and other content you may engage with in line with any of our Terms, Policies, Tolerance Guidelines, and the law, and respect the intellectual property rights of others. If you think someone is infringing on these terms, policies or guidelines, please report any abuse. We will ban users account for repeated or major offenses.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are an ACS, on certain courses, you may be able to ask questions to the ACI, submit content as a quiz, a survey, a homework assignment or test” and to post reviews of your completed courses.
If you are an ACI, you can take advantage of your AC course’s interactive elements to engage, monitor and communicate with ACS who have enrolled in your course(s). You must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the AC platform and their consequences. Make sure you understand and comply with the Instructor Terms before you submit any course for publication with our ACST.
If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others or is about an illegal activity), if we discover that your content or behavior violates our Terms, Policies, Tolerance Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable, we may remove your content from our platform.
GAP and the ACST has discretion in enforcing these Terms, Policies, Tolerance Guidelines. We may terminate or suspend any user’s permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms. Upon any such ban we may delete your account and content, and we may prevent you from further access to our platform and use of our Services. Your user community content, posts, comments, reviews, etc. may still be available on the platform even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
Our Rights to Content You Post
You retain ownership of content you post to our Arts Channel platform. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
The content you post as an ACS or ACI (including courses) remains yours. By posting courses and other content, you allow GAP to reuse and share it. You do not, however, lose any ownership rights you may have over your content. If you are an ACI, be sure you understand the course licensing terms that are detailed in your Arts Channel Instructor Licensing Agreement.
When you post content, comments, questions, reviews, and when you submit ideas and suggestions for new features or improvements to us, you authorize GAP to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with the Arts Channel for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
Using the Arts Channel at Your Own Risk
Anyone can use the Arts Channel. We enable ACI and ACS to interact for teaching and learning. Like other platforms where people can post content, engage and interact, it is possible that things can go wrong, and you use the Arts Channel at your own risk.
Our platform is based on a community arts collaboration model. We have set high standards, terms, rules, policies and we vet instructor applications. And while our ACST works directly with an ACI to review, edit and arrange course content for delivery through the AC, we are not in a position to determine the legality of course content. We do not exercise any educational authority or legal opinion over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If you enroll in a course, you rely on any information provided by an ACI at your own risk.
By using the Services, in spite of all our Terms, Policies and Guidelines, you may be exposed to content that you consider offensive, indecent, or objectionable. GAP, its employees, partners, and sponsors have no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. You assume full responsibility for the choices you make before, during, and after your enrollment in a course.
When you interact directly with another user, student or an instructor, you must always be careful about the types of personal information that you share. While we restrict the types of information an ACI may request from ACS, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should always read their terms and conditions and privacy policies.
GAP owns the Arts Channel platform and Services, including the portal, tools, resources, website, present or future apps and services, and things like our logos, API, code, and content created by our employees. Users are not permitted to tamper with these or use them without written authorization.
All right, title, and interest in and to the Arts Channel platform and Services, including our portal, tools, resources, processes, intellectual property, websites, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by ACI and ACS) are and will remain the exclusive property of GAP. Nothing gives you a right to use the Arts Channel name or any related trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding AC or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the AC platform and Services:
- Access, tamper with, or use non-public areas of the platform, storage or computer systems, or the technical delivery systems of GAP’s partners and service providers.
- Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the AC platform or Services.
- Access or search or attempt to access or search our platform by any means other than through our currently available search functionalities that are provided via our website, apps, or API. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- Use the Services to send altered, deceptive, or false source-identifying information in any way (such as sending email communications falsely appearing as the Arts Channel, GoWestShore or GAP); or interfere with, or disrupt, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
Miscellaneous Legal Terms
These AC Terms are like any other contract, with boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with GAP. If you do not agree to these AC Terms, do not register, access, or otherwise use any of our Arts Channel Platform or Services.
If you are an ACI accepting these AC Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of these AC Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These AC Terms (including any agreements and policies linked from these AC Terms) constitute the entire agreement between you and us (which include, if you are an ACI, the Instructor Terms and the Promotions Policy).
If any part of these AC Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these AC Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these AC Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
It may happen that our platform is down, either for planned maintenance or because something goes down with the portal. It may happen that one of our ACI is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right.
In legal, more thorough language, the Arts Channel Services and their content are provided on an “as is” and “as available” basis. We (and our ACI, sponsor, affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchant ability, fitness for a particular purpose, title, and non-infringement. We (and our ACI, sponsor, affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will GAP or its ACI, sponsor, affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
We acknowledge that the ideas, terms, terminology, phrases, intent and usage of some of our AC Terms content has been gathered from a variety of sources, derived from research, review, compilation and curation of best standards and practices of similar educational and instruction organizations that we have chosen to adopt as being the most appropriate to our mission and endeavour and around specific topics that we deemed were appropriate for our users wherever they may be.
Limitation of Liability
There are risks inherent to using our Arts Channel and Services. For example, if you enroll in a fired ceramics course, and you injure yourself by implementing one of the course instructional elements, you fully accept these risks and you agree that you have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services.
In legal, more complete language, to the extent permitted by law, we (and our employees, ACI, sponsor, affiliates, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our employee, ACI, sponsor, affiliates, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100 Canadian) or the amount you have paid us for course enrollment in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless GAP, our employees, ACI, sponsor, affiliates, suppliers, partners, and agents and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable lawyer fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these AC Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these AC Terms and your use of the Services.
Governing Law and Jurisdiction
These AC Terms are governed by the laws of the Province of British Columbia, Canada without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of provincial courts in Victoria, BC, Canada.
Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to firstname.lastname@example.org).
Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
You may not assign or transfer these AC Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these AC Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these AC Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these AC Terms terminate upon your death.
If there’s a dispute, our ACST is happy to help resolve the issue.
If we can’t resolve our dispute amicably, you and GAP agree to resolve any claims related to these AC Terms (or our other legal terms) exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the Canadian Arbitration Association.
Updating AC Terms
From time to time, we may update these AC Terms to clarify our practices or to reflect new or different practices (such as when we add new features). GAP reserves the right in its sole discretion to modify and/or make changes to these AC Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised AC Terms shall supersede all previous AC Terms.
How to Contact Us
The best way to get in touch with us is to contact our ACST. We’d love to hear your questions, concerns, and feedback about our Services.
Thanks for your commitment to the arts community, teaching and learning with us!