Dated: June 22, 2024

Introduction

Thank you for using the Healing the Artist Within platform and the products, services and features we make available to you as part of the community (collectively, the “Service”).  

Our Service

The Service allows you to view videos and other Content and provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original Content creators and advertisers large and small. We provide lots of information about our products and how to use them in our help section. 

Your Service Provider

The entity providing the Service is Moment to Moment Pictures Inc. Inc. a company operating under the laws of British Columbia, located at 6465 Vivian Street, Vancouver, BC V5S 2T2 , Canada (referred to as “Healing the Artist Within”, “we”, “us”, or “our”). References to Healing the Artist Within’s “Affiliates” in these terms means the other companies within the Moment to Moment Pictures Inc. Inc. corporate group (now or in the future).Applicable Terms

Your use of the Service is subject to these terms, the Privacy Policy which may be updated from time to time (together, this "Agreement"). Any other links or references provided in these terms are for informational use only and are not part of the Agreement.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

Who may use the Service?

Age Requirements

You must be at least 18 years old to use the Service.

Permission by Parent or Guardian

If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. 

Businesses

If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.Your

Use of the Service Content on the Service

Content is the responsibility of the person or entity that provides it to the Service. Healing the Artist Within is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Privacy Policy or the law, you can report it to us. You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.The following restrictions apply to your use of the Service.

You are not allowed to:

1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Healing the Artist Within and, if applicable, the respective rights holders;

2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;

3. access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Healing the Artist Within’s robots.txt file; or (b) with Healing the Artist Within’s prior written permission; 

4. collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;

5. use the Service to distribute unsolicited promotional or commercial Content or other unwanted or mass solicitations;

6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a toolbox subscribers, or otherwise manipulate metrics in any manner;

7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

8. run contests on or through the Service that do not comply with Healing the Artist Within’s contest policies and guidelines;

9. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or

10. use the Service to sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Healing the Artist Within policies (such as compliant product placements).

Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Healing the Artist Within.Develop, Improve and Update the ServiceHealing the Artist Within is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital Content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your Content, subject to applicable law and policies. 

Content and Conduct

Rights you Grant

Healing the Artist Within retains ownership rights in the Content.

Consent to Receive Newsletters

By subscribing as a member of Healing the Artist Within, you hereby consent to receive newsletters and other promotional communications from Healing the Artist Within. These communications may include updates, offers, and other information related to Healing the Artist Within and its services. You acknowledge that you have the right to opt-out of receiving such newsletters at any time by following the unsubscribe instructions provided in the communications or by contacting Healing the Artist Within directly.  

Community Guidelines Strikes

Healing the Artist Within operates a system of “strikes” in respect of Content that violates the Healing the Artist Within Community Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of your account from Healing the Artist Within.  A full description of how a strike affects your account is available by contacting support. If you believe that a strike has been issued in error, you may appeal

here

. If your account has been restricted due to a strike, you must not use another account to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and Healing the Artist Within reserves the right to terminate your account or your access to all or part of the Service.

Copyright Protection

We provide information to help copyright holders manage their intellectual property by visiting

here

. We respond to notices of alleged copyright infringement according to the process by contacting us here. Healing the Artist Within's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service. 

Account Suspension & Termination

Terminations by You 

You may stop using the Service at any time. Follow these instructions to delete the Service from your Account. 

Terminations and Suspensions by Healing the Artist Within

Healing the Artist Within reserves the right to suspend or terminate your Skool Healing the Artist Within account or your access to all or part of the Service if

(a) you materially or repeatedly breach this Agreement;

(b) we are required to do so to comply with a legal requirement or a court order; or

(c) we believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, Healing the Artist Within or our Affiliates.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by Healing the Artist Within unless we reasonably believe that to do so:

(a) would violate the law or the direction of a legal enforcement authority;

(b) would compromise an investigation;

(c) would compromise the integrity, operation or security of the Service; or

(d) would cause harm to any user, other third party, Healing the Artist Within or our Affiliates.

Effect of Account Suspension or Termination

If your Skool Healing the Artist Within account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe the termination or suspension has been made in error, you can appeal using this

form. 

About Software in the Service

Downloadable Software

When the Service requires or includes downloadable software unless that software is governed by additional terms which provide a license, Healing the Artist Within gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Healing the Artist Within as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Healing the Artist Within, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Healing the Artist Within’s written permission.

Open Source

Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.  

Other Legal Terms  Warranty Disclaimer

Other than as expressly stated in this agreement or as required by law, the service is provided “as is” and Healing the Artist Within does not make any specific commitments or warranties about the service. For example, we don’t make any warranties about:

(A) The Content provided through the service;

(B) The specific features of the service, or its accuracy, reliability, availability, or ability to meet your needs; or

(C) That any Content you submit will be accessible on the service.

Limitation of Liability

Except as required by applicable law, Healing the Artist Within, its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirectly or consequential loss; punitive damages caused by:

1. Errors, mistakes, or inaccuracies on the service;

2. Personal injury or property damage resulting from your use of the service;

3. Any unauthorized access to or use of the service;

4. Any interruption or cessation of the service;

5. Any viruses or malicious code transmitted to or through the service by any third party;

6. Any Content whether submitted by a user or Healing the Artist Within, including your use of Content; and/or

7. The removal or unavailability of any Content. This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory. 

Healing the Artist Within and its affiliates’ total liability for any claims arising from or relating to the service is limited to the greater of:

(A) The amount of revenue that Healing the Artist Within has paid to you from your use of the service in the 12 months before the date of your notice, in writing to Healing the Artist Within, of the claim and

(B) CDN $500. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Healing the Artist Within, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(i) your use of and access to the Service;

(ii) your violation of any term of this Agreement;

(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or

(iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by Healing the Artist Within. Healing the Artist Within has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement

Changing this Agreement

We may change this Agreement

(1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones,

(2) for legal, regulatory, or security reasons, or

(3) to prevent abuse or harm.If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except

(1) when we launch a new product or feature, or

(2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).InterpretationIn these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

All claims arising out of or relating to these terms or the Service will be governed by British Columbia law, except conflict of laws rules, and will be litigated exclusively in the Supreme Court of British Columbia, county of Vancouver, British Columbia, Canada. You and Healing the Artist Within consent to personal jurisdiction in those courts.

Effective as of June 22, 2024