Art Club Monthly Terms and Conditions

Last Updated: April 28, 2025

Welcome to Art Club Monthly! These Terms and Conditions (“Terms”) govern your use of our website (artclubmonthly.com), subscription services, and related products (collectively, the “Services”) provided by Art Club Monthly (“we,” “us,” or “our”). By accessing our website, subscribing to our Services, or participating in our community, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Acceptance of Terms

Your use of the Services constitutes acceptance of these Terms and our Privacy Policy. These Terms apply to all users, including subscribers, visitors, and participants in our community activities (e.g., art submissions, contests). We may update these Terms at any time by posting changes on this page. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

2. Subscription Services

2.1 Subscription Plans

Art Club Monthly offers monthly art kit subscriptions for kids (ages 5–12), teens and adults (13+), including:

• Kids Box: $39/month, designed for ages 7–13.

• Teen/Adult Box: $49/month, designed for ages 14+.

• Annual & Quarterly Membership: Includes a monthly box at a discounted rate.

Subscriptions are billed monthly, quarterly, and annually, as selected at checkout. Prices exclude taxes, which may apply based on your location.

2.2 Subscription Management

• Activation: Subscriptions begin upon successful payment and confirmation of your order.

• Auto-Renewal: Subscriptions automatically renew until canceled. You will be charged at the start of each billing cycle.

• Cancellation: You may cancel anytime via your account dashboard or by contacting hello@artclubmonthly.com. Cancellations take effect at the end of the current billing cycle; no partial refunds are issued.

• Changes: We reserve the right to modify subscription plans, pricing, or kit contents, with notice provided via email or the website. Kit contents are subject to change based on supply availability or other circumstances.

2.3 Shipping

• Subscriptions include free U.S. shipping. International shipping may incur additional fees, disclosed at checkout.

• Delivery times vary by location. We are not liable for delays caused by carriers or external factors (e.g., customs, weather).

• Undeliverable packages due to incorrect addresses provided by you may incur reshipping fees.

3. Community and Art Submissions

3.1 Creative Assignments

Each monthly box includes a creative assignment inspired by iconic artworks (e.g., Mona Lisa, Starry Night). You may submit your artwork for review via our website or tagging using #ArtClubMonthly on social media for a chance to be featured in our community gallery and / or social media.

3.2 Submission Guidelines

• Submissions must be your original work and not infringe on third-party rights (e.g., copyrights, trademarks).

• By submitting artwork, you grant Art Club Monthly a non-exclusive, worldwide, royalty-free license to display, reproduce, and promote your work on our website, social media, and marketing materials, with attribution.

• We reserve the right to reject or remove submissions that violate these Terms, are inappropriate, or do not meet our guidelines.

3.3 Contests and Prizes

• Contest entries must comply with submission guidelines. We are not liable for lost, late, or misdirected entries.

4. User Responsibilities

• Account: You must provide accurate personal and payment information and keep it updated. You are responsible for securing your account credentials.

• Age: Users under 13 must have parental consent to subscribe or submit artwork. Parents/guardians are responsible for supervising children’s use of the Services.

• Acceptable Use: You may not:

  • Use the Services for illegal purposes or to violate third-party rights.

  • Reproduce, sell, or distribute kit contents or website content for commercial purposes without permission.

  • Engage in harassing, defamatory, or abusive behavior in our community.

  • Attempt to gain unauthorized access to our systems or disrupt the Services.

5. Intellectual Property

• Our Content: All website content, kit designs, pamphlets, and creative assignments (e.g., text, images, logos) are owned by Art Club Monthly or our licensors and protected by U.S. and international copyright laws. You may not reproduce, distribute, or create derivative works without express written permission, except for personal, non-commercial use.

• Your Content: You retain ownership of your submitted artwork but grant us the license described in Section 3.2. You warrant that your submissions do not infringe on third-party rights.

6. Payments and Refunds

• Payments: We accept major credit cards and other methods displayed at checkout. You authorize us to charge your payment method for recurring subscription fees and applicable taxes.

• Refunds: Refunds are issued at our discretion, typically for defective or incorrect kits. Contact hello@artclubmonthly.com within 14 days of delivery to request a refund or replacement. Used or opened kits are non-refundable unless defective.

• Failed Payments: If payment fails, we may retry charging your method or request an alternative. Unpaid subscriptions may be suspended or canceled.

7. Limitation of Liability

To the maximum extent permitted by law:

• The Services are provided “as is” without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement.

• We are not liable for indirect, incidental, or consequential damages (e.g., lost profits, emotional distress) arising from your use of the Services.

• Our liability for direct damages is limited to the amount paid for the subscription in the 12 months preceding the claim.

• We are not responsible for delays, losses, or damages due to external factors (e.g., shipping issues, force majeure).

8. Termination

• By You: You may terminate your subscription by canceling as described in Section 2.2.

• By Us: We may suspend or terminate your account or access to the Services for:

  • Violation of these Terms.

  • Non-payment or fraudulent activity.

  • Any reason at our discretion, with notice where feasible.

• Upon termination, you must cease using the Services, and any surviving provisions (e.g., intellectual property, liability) remain in effect.

9. Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by the laws of the State of Utah, USA, without regard to conflict of law principles.

• Arbitration: Any disputes arising from these Terms or the Services will be resolved by binding arbitration in Sandy, UT, administered by the American Arbitration Association under its Consumer Arbitration Rules. You waive the right to participate in class actions or class arbitrations. You may opt for small claims court for eligible claims.

• Jurisdiction: If arbitration is not applicable, disputes will be resolved in state or federal courts in Salt Lake County, UT.

10. Miscellaneous

• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.

• No Waiver: Our failure to enforce any right does not waive that right.

• Assignment: We may assign these Terms or delegate duties without notice. You may not assign without our consent.

• Entire Agreement: These Terms, along with the Privacy Policy and Official Rules for contests, constitute the entire agreement between you and Art Club Monthly.

• Force Majeure: We are not liable for failures due to events beyond our control (e.g., natural disasters, pandemics).

11. Contact Us

For questions, support, or complaints, contact:

• Email: hello@artclubmonthly.com

• Mail: Art Club Monthly, 9809 S 2465 E, Sandy, UT 84092

• Phone: 234-525-2251

Disclaimer: The contents of Art Club Monthly boxes are subject to change based on availability of supplies, artist selections, or other unforeseen circumstances. We strive to maintain the quality and theme of each kit as described.