Terms of Service

Terms of Service

ANDiDREW’s mission is to improve learning through comics and drawing. Andrew Galitzer, also known as ANDiDREW, is a modern Orthodox Jewish artist passionate about teaching Torah through art. In addition to creating comics and artwork, Andrew also teaches kids and adults how to draw and cartoon. He has a recording library of classes and offers author visits and workshops. These Terms apply to all your activities on the ANDiDREW website, Torah Comics website, our APIs, our website domains and other related services (“Services”).

By accessing and/or using any of the Services, you agree to these Terms and any other policies or terms referenced within or posted throughout the Services, including but not limited to promotion terms, guidelines, as well as any rules or terms applicable to particular features or promotions, which are hereby expressly incorporated into these Terms by reference. You also acknowledge that you have read and understand our privacy policy (the “Privacy Policy”).  Any defined term not defined in this agreement would apply the definition in our Privacy Policy

1. Definitions.
2. “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, Torah comics (including the comic books), written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
3. “Third Party” which may include ANDiDREW affiliates, our business partners, analytics and data enrichment providers, your social media providers, and Payment Processors (e.g., analytic tools like Google Analytics and the use of Amazon to purchase books).
4. “Paid Services” shall mean services provided by certain including but limited to workshop may be subject to payments.
5. “Payment Processor” shall mean Third Party Payment Processor used by ANDiDREW to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services.
6. Acceptance of Terms.

1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
2. Certain of the Services may be subject to change or additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of Content, information, and other materials or services, registered or otherwise.
4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANDiDREW WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
5. Eligibility.

The user must be at least 18 years of age to create an account on ANDiDREW and use the Services. If you are younger than 18 but are above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access Content that is appropriate for you. If you are below this age of consent to use online services, you may not create an ANDiDREW account. If we discover that you have created an account that violates these rules, we will terminate your account.You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any Third Party.

• Account.You need an account for most activities on our platform, including purchasing and accessing Content or submitting Content 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. To the extent permitted by the laws, You have complete 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 need to be careful with your password. 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 ANDiDREW will not intervene in disputes between users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission. We may request some information from you to confirm that you are indeed the owner of your account.

• Content.
  • Content Warrant: Using ANDiDREW at Your Own Risk. ANDiDREW is not a certified teacher and does not guarantee the accuracy of the Content. We do not guarantee the authenticity and accuracy of the Content. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the Content. If you access Content, you rely on any information provided at your own risk. By using the Services, you may be exposed to Content that you consider offensive, indecent, or objectionable. ANDiDREW has no responsibility to keep such Content from you and no liability for your access or enrollment in any course or other Content, to the extent permissible under applicable law. This also applies to any Content relating to health, wellness, religion, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of Content, and by accessing such Content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the Content. 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 also read their terms and conditions and privacy policies. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (1) which users gain access to the Services; (2) what Content you access via the Services; or (3) how you may interpret or use the Content.
  • Disclaimer- THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
  •  Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
  • Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any Third Party right.
  • Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from Third Parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service, or for no reason at all and (ii) to remove or block any Content from the Services.
•  Rules of Conduct.
  • As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity, and all activity connected to your Account in connection with the Services (including without limitation your communications and collection of data from other users of the Services).
  • You shall not (and shall not permit any Third Party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, including without limitation User Content, on or through the Services that:
    • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law, rule, or regulation (whether domestic, foreign, or international) or contractual duty;
    • violates these Terms of Service;
    • you know is false, misleading, untruthful or inaccurate;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
    • Third Party impersonates any person or entity, including any of our employees or representatives; or
    • includes anyone’s identification documents or sensitive financial information.
  • You shall not:
•  take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our Third Party providers’) infrastructure;
• (interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
•  bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
•  run any form of autoresponder or “spam” on the Services;
• use manual or automated software, devices, or other processes to download or indexes Content from any of the ANDiDREW property;
• harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
  • You shall not (directly or indirectly):
• modify, translate, or otherwise create derivative works of any part of the Services, or
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

• ANDiDREW Rights.

 At ANDiDREW’s sole discretion, ANDiDREW reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

(i) satisfy any applicable law, regulation, legal process or governmental request,

(ii) enforce these Terms of Service, including investigation of potential violations hereof,

(iii) detect, prevent, or otherwise address fraud, security or technical issues,

(iv) respond to user support requests, or

(v) protect the rights, property or safety of us, our users and the public.

• Third Party Services.
  The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access Third Party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the Content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

•  Payments and Billing.

1. Paid Services. Subject to the Paid Service being purchased, the user may be charged either a one-time fee or a monthly subscription fee in accordance with the terms of this agreement. Purchases and payment transactions you make through merchants like Amazon are transactions between users and the merchant only, not with ANDiDREW or any of our affiliates. For any Paid Service that requires a subscription, the user will be charged monthly unless opt out of the subscription. If you terminate the subscription, you may use your subscription until the end of your then current-term and shall not be entitled to prorated l be provided for any portion of the current-term subscription period.  

• Billing. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for an error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other providers of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.  Further, your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL THE INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.   

• Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
• Warranty and Other Disclaimers.
  • We do not guarantee that the Services will function without interruption or errors. In particular, the operation of the Services may be interrupted due to maintenance, updates, or system or network failures, and such failures may result in errors or data loss. We disclaim all liability for damage caused by any such interruption or errors in functioning, or by the loss of any data or information you provide to ANDiDREW. Furthermore, we disclaim all liability for any malfunctioning, impossibility of access, or poor use conditions of the services due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.

1. Indemnification.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 ANDiDREW, our group companies, and their officers, directors, suppliers, partners, and agents from and against any Third Party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the Content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a Third Party. Your indemnification will survive the termination of these Terms and your use of the Services.
2. Dispute Resolution
3. Small Claims. Either of us can bring a claim in small claims court in (a) Florida or (b) another places we both agree on, as long as it qualifies to be brought in that court if the claim meets the jurisdictional amount in controversy requirement.
4. Going to Arbitration. If the claim cannot be brought in the small claims court, then you and ANDiDREW agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt court proceedings while an arbitration proceeding is ongoing.
5. The Arbitration Process. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction.
6. No Class Actions. We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
7. Severability. If the prohibition against class actions and other claims brought on behalf of Third Party contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with ANDiDREW.
8. Limitation of Liability.
   
   IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.

1. Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the State and Federal Courts of Florida.
2. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or Content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
3. Miscellaneous.
4. Entire Agreement and Severability. These Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
5. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
6. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
7. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to art@andidrew.com.
8. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
9. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
10. Contact: You may contact us at the following address: art@andidrew.com