Terms & Conditions
1. INTRODUCTION
Please read these Terms and Conditions (hereby referred to as “T&C”) carefully before doing business with us, the Carbon Black Academy.
This document sets out the terms and conditions between the Carbon Black Academy, hereby referred to as „CBA“, “we” or “us”; represented and run by Silvia Wipfler; and you (hereby referred to as “you”, “user” or “participant”) when you are doing business with us.
This includes accessing and using our website www.carbonblackacademy.com; using our services; purchasing tickets from us; registering for any activity or event organised by us; attending such an event or participating in any such activity; signing up to our newsletters, marketing communications and membership programs; creating a Carbon Black Academy account on our website; using the interactive services on our website; creating and sharing user contributions; communicating with us; joining our Discord or using any other present or future service provided by us, whether or not included in the CBA website. By doing business with us you are agreeing to comply with and be bound by these terms and conditions. We reserve the right to change these terms and conditions at any time and without prior notice. Any amended terms and conditions will be posted to our website www.carbonblackacademy.com
For purposes of this Agreement, “Site” or “Website” refers to our website, which can be accessed at www.carbonblackacademy.com
“Service” refers to all services we offer, including specifically, but not exclusively, events, activities, memberships, challenges, promotions, communications, interactive services and content like blog posts.
“Event Ticket Shop” refers to the section of our Website that allows you to purchase tickets for our events, as well as our event ticket store on www.tickettailor.com.
“You” refers to you, as a user of our Site, Event Ticket Shop and/or our Services.
“Member” refers to a person who creates an account on our website and/or signs up for one of our membership programs.
“Interactive Services” refer to the services on our website that allow you to create a public profile in the membership area, communicate with other members and share user contributions.
“User contributions” refer to data you provide that is publicly displayed on our website. Such data may include specifically, but not exclusively images, photos, text, files, comments, feedback, forum and group posts, portfolios, any type of content you create, communications using the chat box and any other interactions with other members, instructors or us using our interactive services.
“Account”. Unless specified otherwise, “account” refers to a Carbon Black Academy account/membership, which you can create on our website.
2. EDUCATIONAL EVENTS & ACTIVITIES
2.1. Educational events
Educational events, hereafter just called “events”, involve workshops, lectures, classes, courses, talks or demos. The main purpose of these events is art education. We offer free and ticketed events. Some events are held online, others take place in Graz, Austria. Our roster includes various types of events, ranging from shorter lectures to intensive workshops. Each event is described in detail on our website, so please refer to the specific event page to learn more about each event.
2.2. Activities
We also host activities like meetups, drawing challenges, study sessions, live streams etc. Some activities are held online, others take place in the real world, mostly in Graz, Austria. Please read the descriptions on our website in order to learn more about each activity and how you can participate. Some activities like drawing challenges are hosted only on our social media channels. In that case you find the details on the social media channel on which we host the activity.
Participating in any of our activities is free of charge unless stated otherwise. Some activities like trips to a zoo or museum visits require you to purchase a ticket from a third party, for example a museum. These tickets and fees are not associated with us and you are responsible for paying these fees. In some cases we might organise transportation services on your behalf. If that is the case it will be stated on our website and you will be required to register in advance in order to participate and use such transportation services. We will collect the transportation fee either in advance or on site when the activity takes place. By participating in any activity hosted by us you are responsible for complying with our regulations and the regulations of the places we visit during our meetups (e.g. museums, cafes, parks etc.), as well as the regulations of each social media platform (e.g. Discord, Instagram etc.) we host our activities on.
We reserve the right to update and change the events and activities we host and the services we offer as we see fit. Please read the section “changes and cancellations” to learn more about our policies concerning the cancellation of events and activities, as well as changes affecting those events and activities.
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3. AGE RESTRICTION
In order to register for any of our events you must be at least 18 years old. With our approval your parent or legal guardian may register you for an event as long as minors are allowed to participate. Some of our events can only be attended if you are at least 18 years old. If that is the case, it will be stated in the event description. If you turn 18 on the start date of the event you are allowed to participate as long as a parent or legal guardian registers you and purchases a ticket on your behalf in advance. In order for a parent or legal guardian to register a minor, they need to contact us first via email or phone.
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4. REGISTRATION & PURCHASING TICKETS
4.1 Registration
You can register for an event or activity on our website. Not all events and activities require registration and it is not necessary to create an account to register for an event. Some activities and events have participation requirements, which you find in the description of each event and activity on the respective page on our website. In order to register for an event or activity you need to be at least 18 years old. With our approval a parent or legal guardian may register you on your behalf. In order for a parent or legal guardian to register a minor, they need to contact us first via email or phone.
4.2 Purchasing tickets
When you purchase a ticket for an event, you automatically register for that event. You are allowed to purchase tickets for yourself, your employees and on behalf of someone else as long as you do not buy tickets for financial gain.
Tickets can be purchased on our website. Ticket prices are in Euros. You do not need to create an account or become a member to purchase a ticket for one of our events. But you need to be at least 18 years old in order to purchase a ticket from us. With our approval your parent or legal guardian may purchase a ticket on your behalf as long as minors are allowed to participate or as long as you turn 18 on the start date of the event. In order for a parent or legal guardian to purchase a ticket on behalf of a minor, they need to contact us first via email or phone.
4.3 Third party service providers
In order to make ticket purchases and registration possible, we use the services of two third party providers: “Wix” and “TicketTailor”.
4.3.1 “Wix”
We use an event system plugin by our website builder “Wix” to allow you to purchase tickets and register for events and activities directly on our website. By using this plugin you do not have to leave our website. “Wix” only provides the technical means to buy tickets and to register for events and activities. By purchasing a ticket or registering for an event or activity you do business with us, not with “Wix”. This means that troubleshooting, changes, cancellations, refunds etc. will be handled by us, not by “Wix”.
Please refer to the “Wix” website to learn about their T&C and Privacy Policy: www.wix.com
4.3.2 “TicketTailor”
For some events we may use the services of “TicketTailor” to handle ticket purchases and registration on our website. “TicketTailor” only provides the technical means to buy tickets. By purchasing a ticket you still do business with us, not with “TicketTailor”. This means that troubleshooting, changes, cancellations, refunds etc. will be handled by us, not by “TicketTailor”.
Please refer to the “TicketTailor” website to learn about their T&C and Privacy Policy: www.tickettailor.com
4.4 Data Collection
Registering for an event or activity and purchasing tickets requires you to provide us with certain personal information such as your name and email address. We use that information to identify you as the ticket owner. In the case of free events and activities we use that information to reserve a spot for you. Please read our Privacy Policy to learn more about how we collect, store and process your data.
4.5 Payment Options
We accept payment via bank transfer, PayPal and Stripe.
4.6 Checkout process
During the purchase and checkout process, your ticket is not reserved. It will only be reserved after you make the purchase.
4.7 Payment confirmation
Once your payment has been transferred to our account, you will receive a payment confirmation by email.
4.8 Paying on time
You are obliged to pay your ticket within 10 days after purchase or at least 24 hours before the start date of an event. Once we have received the payment in full, your spot is secure. Some events only have a limited number of spots available. If you fail to pay on time, you lose your spot. If we receive the payment in full later and there are still seats left, you get a spot. If we receive payment later and the workshop is sold out, we refund the ticket price minus a service fee of 5 percent of the ticket price, including taxes. We refund your money using the same payment method you used for purchasing the ticket.
4.9 Reselling tickets for financial gain
Tickets are for your own personal use or that of your business (and hence your employees) and may not be resold or transferred for commercial gain under any circumstances. In case of a resale or attempted resale of tickets (or any other breach of these T&C), we reserve the right to ban responsible individuals from any current and/or future events. In case of T&C violation we do not grant any form of refund whatsoever.
4.10 Transferring tickets
You may transfer your ticket as long as your actions are not motivated by financial gain. If you plan to transfer your ticket, we strongly advise you to contact us in advance so that we can verify the transfer and adjust the ticket holder information. Please make sure that the person replacing you meets the event participation requirements. If you purchased a ticket for your employees and you would like to transfer a ticket to a different employee, please contact us so that we can verify the transfer and update the ticket holder information accordingly. Feel free to contact us if you would like to have our assistance with finding a replacement.
5. MEMBERSHIPS
We offer membership programs for which you can sign up on our website. Subscribing to a membership program is not necessary for purchasing tickets or registering for events and activities. Memberships grant you access to content, events and activities that are exclusive to members. You also receive discounts and special offers that are exclusive to members. The benefits that come with each membership are listed on our website. We reserve the right to change, pause or remove membership programs at any time. Members will be notified about changes via email communications, so please make sure to keep your contact details up to date.
In order to subscribe to our membership programs you need to create an account on our website. You may cancel your membership and delete your account at any time in the “My Subscriptions” section in the membership area on our website. You need to be logged in to view the status of your memberships, change or cancel them. By canceling your membership and/or deleting your account you automatically opt out of the membership program and you lose all benefits that come with the membership.
5.1 Free recurring memberships
Our free membership programs start immediately after signing up and renew automatically.
5.2 Paid recurring memberships
When you sign up for one of our paid memberships you are able to decide when the membership starts. You can either have it start immediately or select a start date of your choice. You will gain access to the benefits as soon as payment has been confirmed. Please note that PayPal is the only payment method we accept at the moment for our recurring membership plans. Once payment has been confirmed, your membership status will read “Active”. Should you choose to start your membership sometime in the future, your membership status will read “Pending”. If payment fails, your membership will be cancelled automatically. Currently it is not possible to update your payment information on your own. To edit the details, you have to cancel your membership and purchase it again. We apologise for this inconvenience and we try our best to find a solution to that problem.
Payment is collected monthly. Our paid memberships renew automatically every month. You can cancel your membership any time in the “My Subscriptions” section in the membership area on our website or directly through your payment provider. If you cancel your membership, the membership plan and payment does not continue for the next cycle. If you cancel your membership before the current cycle ends, you still have access to the benefits until the end of this payment cycle. In this case the status of your membership will show "Pending Cancellation".
5.3 Switching memberships
At the moment it is not possible to switch between membership plans directly. In order to switch from one plan to another you have to cancel your current membership and subscribe to the new one manually. We apologise for this inconvenience and we try our best to find a solution to that problem.
5.4 Insufficient funds/expired card
When your credit card is cancelled or expires, or when there are insufficient funds to cover the subscription, your membership gets cancelled automatically. If you want to continue your subscription with a new credit card or PayPal account, you need to purchase the membership again.
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6. COMMUNICATIONS
6.1 Purchasing tickets
6.1.1 Automated communications
If you purchase a ticket for an event, you will receive automated communications per email, including:
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Registration confirmation
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Purchase confirmation
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Payment request
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Payment confirmation
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Ticket
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Reminder that the event is happening in a few days
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Updates concerning the event and/or your payment status
These automated communications run through third party channels provided by Wix, TicketTailor, PayPal and Stripe. If a ticket was purchased directly on our website, we send you registration confirmations, purchase confirmations, tickets and reminders using the services provided by Wix. If a ticket was purchased on our TicketTailor presence, we send you order confirmations, purchase confirmations and tickets using the services provided by TicketTailor. If you choose to pay with PayPal or Stripe, you receive automatic communications from PayPal or Stripe regarding payment as well as your account.These automated communications are initiated by your payment provider and are not connected to or initiated by us in any way. Please refer to the websites of Wix, TicketTailor, PayPal and Stripe to learn how they collect and store information:
6.1.2 Manual communications
You may also receive email communications that are not automated. These can be updates, changes, payment confirmation, cancellation, documents, material lists, schedules, additional information concerning the event, invoices, travel information etc. We send you these communications directly by email. They contain important information about the event, so please make sure that your contact details are up to date.
6.2 Registration
6.2.1 Automated communications
If you register for an event, you will receive automatic communications per email, including:
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Registration confirmation
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Reminder that the event is happening in a few days
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Updates concerning the event
6.2.2 Manual communications
You may also receive email communications that are not automated, such as updates, changes, cancellation, material lists, schedules, additional information concerning the event, travel information etc. We send you these communications directly by email. They contain important information about the event, so please make sure that your contact details are up to date.
6.3 Newsletters
You can register for our newsletters and marketing communications if you choose to. They inform you about new events, activities, discounts, blog posts, articles, special offers and discounts. You may unsubscribe at any time. Please note that we use services provided by Wix and MailChimp to send you these communications. Please refer to the websites of Wix and MailChimp to learn how they collect and store information:
6.4 Membership programs
6.4.1 Automated communications
If you subscribe to one of our membership programs and create an account you receive certain automated communications including subscription confirmation, renewal confirmation, communications regarding your account, payment requests, payment confirmation, cancellation confirmation and communications concerning updates and changes to our membership programs.
Please note that these automated communications run through third party channels provided by Wix as well as the payment providers Stripe and PayPal. Please refer to the websites of Wix, PayPal and Stripe to learn how they collect and store information:
6.4.2 Manual communications
You may also receive email communications concerning your subscription and account that are not automated. We send you these communications directly by email. They contain important information about your membership, so please make sure that your contact details are up to date.
6.5 Surveys and testimonials
We may ask you to fill in surveys if you subscribed to our newsletter, membership programs or if you registered for an event or activity. Surveys help us to improve our services and to better understand our target audience. Participating in surveys is optional and free of charge. You may choose or choose not to fill in and submit a survey. In some cases we might publish links that lead to such surveys. By clicking and following these links you are not bound to fill in and submit a survey. Please refer to our Privacy Policy to learn more about how we collect and store data you submit through a survey. Please also note that these surveys run through third party channels provided by SurveyMonkey. We advise you to refer to the website of SurveyMonkey to learn how they collect and store information:
When you participate in events, activities, challenges or when you are a member, we might ask you to write testimonials or rate our business. Testimonials help new customers decide if they want to do business with us, which is why they will be publicly visible. Writing them is completely optional and free of charge. We are interested in your honest feedback and we would never alter testimonials.
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7. RETURN POLICY
In order to receive a refund for a ticketed event or a membership, you need to send us a refund request. Please send your request to contact@carbon-black.design. You should receive a refund confirmation within 7 workdays. If you do not hear from us, please contact us again via email, phone, the chat box on our website or on Discord. Please check your spam folder before sending another request, sometimes non-spam emails end up there too. We cannot be held responsible for delayed refunds, damages or incurred costs that are the result of failed communication.
Once we have accepted your request, we refund your money (including taxes) within 21 days. We use the same payment method you used for your purchase to refund your money. We also refund your money to the same account/card you used for your purchase, so please check if your payment information is still valid when you request a refund. Contact us immediately if your payment information is outdated! We cannot be held responsible for damages that are the result of outdated/wrong/invalid payment information.
Please keep in mind that CET (Vienna time) applies to all time sensitive policies!
7.1 Cancellation initiated by us (including the 2020 edition of the Art Festival)
If we have to cancel an event for any reason, we refund the full ticket price, including taxes. If we cancel a recurring membership plan for any reason, you receive the full price, including taxes, of the payment installation that is affected by the cancellation. Please note that we only refund tickets and memberships. We cannot be made liable for any damages or incurred costs that are a result of cancelled events, activities and memberships.
7.2 Art Festival 2020 Edition
Since the Art Festival that was supposed to take place in April 2020 had to be postponed due to the SARS-CoV-2 pandemic, we decided that the refund conditions listed in section 7.1 apply, even though the event has not been cancelled per se. This means that you receive a full refund within 21 days after we have confirmed your refund request. Please note that you lose any claim for discounts and other benefits that are associated with keeping your Art Festival 2020 edition ticket once your money has been refunded. Please read section 7.2.1 for more information.
7.2.1 Benefits for keeping your Art Festival 2020 ticket
This section covers the benefits you receive when you purchased a ticket for the Art Festival in 2020 and keep it despite the continuous postponement of the event. The benefits for keeping your ticket are:
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Lifelong 10% discount
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Dinner with instructors
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Special surprise (to be announced)
You as the ticket holder are granted these benefits as long as you keep your ticket. Your ticket remains valid until the event can take place. Alternatively you may use your Art Festival 2020 ticket like a voucher for a different event. When you use your ticket as a voucher, you receive the benefits once the voucher has been fully redeemed. When you request a refund, you lose the right to redeem the benefits once the money has been refunded. By transferring the ticket to somebody else, the new ticket holder receives the benefits. If both parties agree in writing, we may grant the benefits to the initial buyer.
7.3 Cancellation initiated by you
7.3.1 Real world events
The following policies apply to ticketed events that take place in the real world:
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45 days prior to the start date of the event: 95% of the ticket price
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44 - 30 days prior to the start date of the event: 50% of the ticket price
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29 - 11 days prior to the start date of the event: 25% of the ticket price
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less than 10 days prior to the start date of the event: no refund.
7.3.2 Online events – unlimited spots
The following policies apply to ticketed online events that have an unlimited number of spots available:
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21 days prior to the start date of the event: 95% of the ticket price
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20 - 7 days prior to the start date of the event: 50% of the ticket price
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less than 7 days prior to the start date of the event: no refund.
7.3.3 Online events – limited spots
The following policies apply to ticketed online events that only have a limited number of spots available:
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45 days prior to the start date of the event: 95% of the ticket price
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44 - 30 days prior to the start date of the event: 50% of the ticket price
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29 - 11 days prior to the start date of the event: 25% of the ticket price
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less than 10 days prior to the start date of the event: no refund.
7.4 Transferring your ticket
You have the option to transfer your ticket. Please make sure that the person replacing you meets the event participation requirements. Contact us in advance so that we can verify the transfer and update the ticket holder information. We gladly assist you in finding a replacement.
7.4.1 Transferring your ticket for the 2020 edition of the Art Festival
Please note that only one person can claim the discounts and other benefits associated with keeping an Art Festival 2020 edition ticket (see section 7.2). If you give your ticket to somebody else, you automatically lose your claim for these benefits and discounts! Under certain circumstances we may grant these benefits to the person who has purchased the ticket in the first place. To do so we require a statement of agreement in written form from both parties.
7.5 Being excluded from participation
If you are excluded from an event or activity for any reason, you will not receive any refund whatsoever. Reasons for being excluded from any present or future event or activity can be, but not exclusively, violating our, the venue’s or the government’s safety regulations (see Section 12), damaging property (see Section 11 & 15), threatening, harming or harassing other participants, staff members or instructors (see Section 12, 15 & 16) or violating our, the instructor’s or other people’s copyrights (see Section 13).
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8. CANCELLATION
8.1 Events and activities
The following applies to both real world and online events and activities. If an event or activity has to be cancelled for any reason, registered participants will be informed as soon as possible via email. We cannot be held liable for any damages and costs that are the result of failed communication, so please make sure that your contact details are correct and up to date. Reasons why we might cancel events and activities include:
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Not enough participants
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The instructor has to cancel and no replacement can be found
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No CBA employees, volunteers and or affiliates are available for overseeing the event or activity
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Technical issues
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Danger to life and limb
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Force of nature
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other
8.1.1 Minimum number of participants
Some events and activities require a minimum number of participants to take place. If that is the case, the minimum number of participants (group size) is indicated in the description of each event and activity on our website. We reserve the right to cancel an event or activity 4 weeks before the start date if there are not enough participants.
8.2 Memberships
We reserve the right to cancel memberships at any time. If a membership has to be cancelled for any reason, members will be informed as soon as possible. We cannot be held liable for any damages and costs that are the result of failed communication, so please make sure that your contact details are correct and up to date. Reasons for cancellation include:
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Service is no longer available
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Technical issues
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Not enough subscribers
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Issues concerning payment
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other
9. CHANGES
9.1 Events and activities
We reserve the right to make changes to events and activities if necessary. Changes can affect both real world and online events and activities. If we make changes to an event or activity for any reason, registered participants will be informed as soon as possible via email. We cannot be held liable for any damages and costs that are the result of failed communication, so please make sure that your contact details are correct and up to date. Changes can affect especially, but not exclusively:
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Date and time
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Duration
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Schedule
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Venue and meeting places
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Extracurricular activities (e.g. dinners)
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Instructor
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Content and the way it is presented
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Places visited in the course of an event or activity (e.g. museums)
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Materials needed
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Technical requirements
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Participation requirements
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Minimum number of participants
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Group size
Changes do not affect and alter our refund policies unless stated explicitly in sections 9.1.1 and 9.1.2!
9.1.1 Instructor is replaced (only applies to real life events that have one instructor)
We understand that you often book educational events because of the instructors. Therefore you can request a full refund up until 7 days prior to the start date of an event if the instructor is replaced. This policy only applies to real life events that have one instructor! If the instructor has to be replaced less than 7 days prior to the start date of the event, we grant you a full refund nonetheless.
9.1.2 Change of date for real life events
If we have to postpone an event (change the start date) that takes place in the real world, you can request a full refund up until 7 days prior to the initial start date of the event.
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10. SITE CONTENT
The content of our website and related products is either owned by us or is owned by third parties and used under license by us. You are not granted any license to use this content and you are not allowed to reproduce, transmit, distribute, display, modify, create derivative works of, or mark other products or services with this content.
We make no warranties or representations as to our website’s accuracy. We try our best to make sure everything is working correctly, as well as that the content you find on our website is correct, but we cannot guarantee that everything is error-free at any given time. We are not liable for any technical errors or errors or omissions in the content on our website. Neither we nor our affiliated companies, nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the site and our services. Furthermore, neither we nor any third-party content provider make any warranty with respect to any content, information, services, or products provided through or in conjunction with our website.
Our website and the related products and services are offered on an “as is” and “as available” basis, disclaiming all warranties, including specifically the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
You agree that the use of our website is entirely at your own risk.
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11. PERSONAL PROPERTY DAMAGE
Both we and our affiliates are not liable for any personal property that is brought to one of our events or activities. We and our affiliates are not liable for any loss, theft and/or damage to personal property of instructors and/or participants. By participating you confirm that you bring personal property at your own risk. Therefore we recommend not bringing unnecessary valuable items or excessive amounts of cash.
By participating in any activities that are hosted online that urge you to go outdoors or visit museums and other places, you agree to participate at your own risk. We cannot be held responsible for any damages that are the result of participating or that happen while you are participating in any of our events and activities.
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12. SAFETY REGULATIONS & INJURIES
By participating in any of our events and activities, both online and in the real world, you agree to attend at your own risk. We cannot be held liable for any injuries that are the result of participating or that happen while you are participating in any of our events and activities. In case of an emergency you are responsible for following safety instructions from our staff, authorities and the staff of the venue and or places we visit during an event or activity. By participating in any activities that are hosted online that urge you to go outdoors or visit museums and other places, you agree to participate at your own risk.
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12.1 Regulations regarding a pandemic, in particular SARS-CoV-2
By participating in any of our real world activities and events, you agree to follow our regulations and regulations initiated by the government of Austria. Any participation requirements concerning your health and safety will be announced on our website and/or can be found in the description of each event and activity. We may also send you such information via email. We reserve the right to share links to third party websites (for example the Austrian government, museums etc.) to provide you with extensive information concerning safety measures. We have no control over third party websites, which means that you follow any links at your own risk.
We reserve the right to update our regulations any time to ensure your safety and the safety of other participants, staff members and instructors. If you fail to follow our or the government’s regulations, we reserve the right to exclude you from any present and future events and activities immediately. If you hide symptoms deliberately, fake health certificates or test results, try to bypass any regulations deliberately or deliberately endanger other people in any way, you will be immediately excluded from any present and future events and activities. Being excluded because you violated our T&C or the Austrian government’s safety regulations means that you get no refund whatsoever (see Section 7)!
13. COPYRIGHT
All rights, particularly related to trademarks, copyrights, inventions and industrial property rights, with all rights to programs, documents and information, title and interest, especially in and to CBA‘s brand features and sites, as well as IP rights shall rest exclusively with us. Our trademarks, intellectual properties and creations may not be used in connection with any product or service that is not affiliated with us or offered by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits our brand and business. All other trademarks not owned by us or any of our affiliates that appear on this site are the sole property of their respective owners.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CBA without our express written consent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our site or any of our social media presences as long as the link does not portray us, our affiliates, products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use our logo or other proprietary graphic or trademark as part of the link without express written permission.
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13.1 Damaging our business
Actions and attempts to use our events, activities, communities, platforms, websites or any other of our channels or presences to entice our instructors, employees, affiliates, sponsors or partners; to steal our content, IPs or to gain access to our business policies or strategies will have legal consequences. We do not tolerate any actions or attempts to use our events, activities, communities, platforms, websites or any other of our channels or presences for headhunting or financial gains. We take actions and attempts that damage our business very seriously and we do not hesitate to take legal measures against such individuals, parties and/or organisations.
Any such actions or attempts also result in an immediate cancellation of tickets you have purchased from us. We reserve the right to ban you from any present or future events, activities, memberships and communities. Excluded participants do not receive any form of refund or compensation whatsoever (see Section 7). We may extend, shorten or reverse a ban any time.
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13.2 Selling or sharing our stuff
Any unauthorized reproduction, recording, publication, duplication, distribution, public exhibition of our brand, IPs, trademarks, content and creations (both created by us, instructors, affiliates, partners or other third parties), in whole or in part, including this site, is strictly prohibited and will have legal consequences. Our content and creations are for your personal use only and may not be shared, recorded, reproduced, published, distributed or sold in any way under any circumstances without our express written consent. If you record, reproduce, publish, duplicate, distribute, sell or make our content and creations publicly available in any way, we will institute proceedings against you and you will be banned from all events and activities, both current and future, at your own expense. Any memberships and accounts will be canceled and you will be removed from any group, server or any other of our communities. If you register for an event or activity, sign up for a membership, create an account or join one of our communities using a different identity, you will automatically be banned again at your own expense.
13.3.1 Recordings by CBA
Recordings refer to videos, photos, audio and screen recordings. By participating in any event or activity you agree that we may make recordings of you and/or your work. Recordings may be created by us, affiliates, employees, volunteers or third parties (e.g. photographers) hired by us. These recordings are used for promotional or educational purposes. We reserve the right to share and/or display them on our website, social media presence, in newsletters and other digital communications, in videos, streams, as well as in any kind of printed media such as press releases, presentations and promotional materials.
You have the right to refuse being recorded, but you need to inform us in writing via email at least 2 weeks before the start date of an event or activity. We will then try our best to exclude you from any recordings or manipulate the recordings in post production so that you cannot be identified anymore. However, we cannot be made liable if recordings are published that include you (in whole or in part) in any way. Please contact us if that is the case, we will then try our best to remove you from the recording.
13.3.2 Recordings by participants and instructors
We have no control over recordings made by other people or parties. By participating in any events or activities you acknowledge that recordings of you or your work might be published. You therefore agree to attend at your own risk. By participating you also agree to not make us liable for any recordings that are being made, shared and/or published by any party.
You may create recordings during events or activities for personal use only, unless recording is prohibited. You may also display and/or share recordings for non-commercial purposes on your social media channels, blogs, websites, unless the displaying and/or sharing is prohibited. You are not allowed to falsely claim to be the creator and/or copyright owner of other people’s work and you are solely responsible for giving credit to the creator if you record other people’s work (this includes the work of instructors). You are further not allowed to falsely claim to be the creator and/or copyright owner of any logo, trademark or any other form of intellectual property that is captured by your recordings. Should you violate this policy, we reserve the right to exclude you from any present and future events and activities (see Section 7).
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14. LEARNING SUCCESS
We do not guarantee any learning success, improvement of skills, career advance or financial success by participating in our events and activities or if you consume any of our content.
15. CODE OF CONDUCT
15.1 Rules of behaviour
By participating in any of our events or activities you agree to behave decently and to follow our code of conduct and safety regulations (see Section 11 & 12). We do not tolerate discrimination, bullying, harrassment, threats or violence of any kind. If such behaviour is noticed by us or reported to us, depending on the severity of your actions, you will either be excluded immediately from the event or activity or after having repeatedly ignored this clause. If other participants, staff members or instructors behave inappropriately, please report it immediately!
We reserve the right to exclude participants before, after or during activities and events. We also reserve the right to ban participants from future events, activities and from any of our communities. Excluded participants do not receive any form of refund or compensation whatsoever (see Section 7). We may extend, shorten or reverse a ban any time.
By accepting these T&C you agree to not use our creations or services to:
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create or make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
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harm participants in any way, both physically and emotionally
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“stalk” or otherwise harass another individual
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and/or impersonate any person or entity in any way possible.
15.2 House rules (smoking, alcohol, substances)
By participating in any of our events or activities you confirm to follow our house rules. Smoking indoors is strictly prohibited. Consuming alcohol, drugs or any other illegal substances during an event is strictly prohibited too. You may consume alcohol outside of the event parameters during breaks and extracurricular activities like dinners. If you do so, you do so at your own risk and you are solely responsible for your behaviour. If you violate our code of conduct and safety regulations (see Sections 11 & 12), we reserve the right to exclude you from any present and future events and activities. Being excluded means you will not get any refund whatsoever (see Section 7).
15.3 Third party house rules
By participating in any events or activities you agree to abide by rules, regulations and T&C of third parties such as museums, venues, exhibitions, restaurants or online platforms. You further confirm to observe the house rules of venues and places visited during our events and activities.
15.4 Critique & criticism
Please remain calm and friendly if you want to critique or criticise us, our events, activities, content, brand, policies or staff members. You can direct any suggestions or criticism directly to us, on site or online. If you have any suggestions or if you have any issue with the workshop, instructor, fellow participants or any activity related to an event or activity, please address them to a staff member or to: contact@carbon-black.design.
If you critique or criticise other participants (for example during an exercise), we kindly ask you to do that in a professional and friendly way. The same is true for talking to instructors. Criticising and critiquing is allowed, but we do not tolerate swear words, harassment, threats, shouting or any other inappropriate behaviour (also see Section 12).
16. LINKS TO OTHER SITES AND/OR MATERIALS
We may provide you with links to third party websites, social media platforms, accounts, applications, content, goods, promotions, materials, information, services or items belonging to or originating from third parties (hereby referred to as “third party content”). These links are provided as a courtesy to you. We have no control over third party websites, social media platforms, accounts, applications, software, content or third party promotions, materials, information, goods or services available on these platforms. Such third party content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party content accessed, posted on or installed from any of our websites or other online appearances, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in third party content. If you decide to leave our website or any other of our online appearances and access, use, install, purchase or view any third party content, you do so at your own risk and you should be aware that our terms and policies, including these T&C, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party to which you navigate from our website or any other of our online appearances.
17. VIOLATIONS
We do not tolerate any violations of these T&C. Therefore we reserve the right to exclude participants before, during or after events or activities. Participants can be excluded from events, activities, our communities and our membership programs. Excluded participants do not receive any form of refund or compensation (see Section 7). We may extend, shorten or reverse a ban any time.
18. INDEMNIFICATION
You agree to indemnify and hold us and our subsidiaries, affiliates, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of your registration for and/or participation in any of our events and activities, visiting our CB website or social media appearances, consuming our content, creating an account, signing up for one of our membership programs and/or using any other service provided by us.
If you have a dispute with one or more of our participants, instructors, third parties, partners or any other entity you encounter through us in any sort of way, you release us, our affiliates, partners, employees, staff members and volunteers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
19. LIMITATION OF DAMAGES; RELEASE
To the extent permitted by applicable law, in no event shall we, our affiliates, employees, volunteers, staff members, representants, partners, licensors, our website, our social media appearances, our events and activities be liable to you for any loss of profit, property, use, data or for any incidental, indirect, special, consequential or exemplary damages, however arising.
These T&C and your use of our website, our social media presences and any of our services are governed by the federal laws of Austria. You acknowledge that you have read and understood these T&C and that you are bound by these T&C. You further acknowledge that these T&C together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and you and that it supersedes any proposal or prior agreement oral or written, and any other communications between us and you relating to the subject matter of this agreement.
20. CONTACT
If you have any questions regarding this policy, feel free to contact us through the chat box or contact forms on our website, by email or phone:
+43 699 101 87 062
Last update: 15.04.2022