The terms “we,” “us,” and “our” refer to Misty Paterson DBA “Pop-Up Studio”. The term the “Site” refers to www.popupstudioed.com and any related sites. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The services we provide include but are not limited to educational services, online courses, digital products, education templates, and blog and are referred to as the “Services”.
USE OF THE SITE AND SERVICES
By posting or submitting any material on or through our Services, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least nineteen (19) years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through the Site, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Services. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Services at any time for any reason whatsoever.
By participating in our Services, and using our program materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our current or future Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
You are not permitted to use or access the Site or Services:
(a) if you are younger than nineteen (19) years of age;
(b) in any way to appear as if they are yours or created by you;
(d) in an improper and/or unauthorized manner, including but not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any program materials or any other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money;
(e) in a manner that violates our intellectual property rights, including copyright and trademark rights;
(f) in any way that causes or is likely to cause Services, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Site and its content and to us;
(g) to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others;
(h) to cause annoyance, inconvenience or needless anxiety;
(i) to impersonate any third party or otherwise mislead as to the origin of your contributions;
(j) to establish a hypertext link to our Site or content that states or implies any sponsorship, endorsement by, or ownership by you in our Site or content or that states or implies that we have sponsored, endorsed or have ownership rights in your website; or
(k) to frame or inline link our content without our written permission.
In order to use the Services, you may be required to register for a user account (an “Account”) and to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
During the Account registration process, you will select login credentials. Login credentials may only be used by you or authorized users to whom the login credentials are assigned. Login credentials may not be shared with unauthorized individuals. It is your responsibility to keep all of your Account information confidential, including but not limited to your login credentials. You are solely responsible for all activities undertaken through your Account. You must notify us immediately of any unauthorized or suspected unauthorized use of your Account. We accept no responsibility for loss or damage resulting from failure to keep your information confidential or from failing to notify us of unauthorized use of your Account.
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
Our Site and Services are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
If you purchase or access any of our Services, you will be considered our licensee. For the avoidance of doubt, all Content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
Any trademarks, taglines, and logos displayed on any Content are trademarks belonging to us. All trademarks reproduced in this Site, which are not the property of, or licensed to us, are acknowledged on the Site. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
As a licensee, you understand and acknowledge that our Services have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
REQUEST FOR PERMISSION TO USE CONTENT
Any request for written permission to use our Services, in whole or in part, or any other Content belonging to us, should be made before you wish to use it by completing the “Contact Us” form on this Site, or by sending an e-mail to email@example.com.
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such from us, and you consent to immediately stop using such specific Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Services.
PURCHASES AND ONLINE COMMERCE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to provide a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Services, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Services without any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a fourteen (14) day grace period to make the payment otherwise the Services will not continue and we reserve the right to cease your access immediately and permanently.
All information obtained during your purchase or transaction for our Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Services or Site or its content.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
REFUND, CANCELLATIONS AND RETURNS
We want you to be happy with your product and service. Considerable time and cost has been spent in preparing our materials; therefore, products and services are not returnable, and we are not able to offer refunds. Cancellations are made on a case-by-case basis. Should you desire to cancel an order or request a refund, please send us an email at firstname.lastname@example.org, and we’ll evaluate your request on a case-by-case basis.
By using and/or purchasing any of our Services, you understand and agree to the refund policy, the cancellation policy, and return policy.
NO GUARANTEES AS TO RESULTS
You agree that we have not made any guarantees about the results of taking any action, whether recommended on the Site or not. We provide educational and informational resources that are intended to help users of this Site succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond our control and/or knowledge.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether our clients or otherwise - applying the principles set out in this Site are no guarantee that you or any other person or entity will be able to obtain similar results.
THIRD PARTY RESOURCES
The Site and the Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
ADVERTISING AND PROMOTION
A promotion advertised on the Site or Services is subject to availability and is not an indication of availability. We reserve the right to amend, modify, extend or cancel any promotion without advance notice to the public.
We further reserve the right to reject, approve, or remove any advertising from the Site or Services at our sole discretion, including advertisements that negatively affect its users or that promote content contrary to our philosophy.
If you provide us with any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate.
We will treat any Feedback as non-confidential and non-proprietary, and you agree not to submit as Feedback any information or ideas that you consider to be confidential or proprietary.
LIMITATION OF LIABILITY
We make no representation or warranty that the information provided on the Site, regardless of its source, is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the information of the Site or Services, regardless of its source.
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services. Additionally, we are not liable for damages in connection with
(i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure;
(ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and
(iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if we have been advised of the possibility of or could have foreseen the damages. In no event shall our cumulative liability to you exceed the total purchase price of the service you have purchased from us, and if no purchase has been made by you, our cumulative liability to you shall not exceed $100.
EFFECT OF HEADINGS
ENTIRE AGREEMENT; WAIVER
E-mail Address: email@example.com
Mailing Address: 308 E. 6th Street, North Vancouver, B.C., Canada. V7L 1P6
If the dispute is not resolved within a reasonable period then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.
Updated: May 2021