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TERMS AND CONDITIONS OF USE
Terms and Conditions of Use for Cloud Milk Studio.
Last Updated on FEB 12, 2024
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.
GENERAL PROVISIONS
This website is owned and operated by Cloud Milk Studio.
Use of this website is at your own risk. I host my site on a reputable platform and take reasonable efforts to maintain and host the site. However, I make no explicit representations or warranties as to the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & PRODUCT PURCHASER AGREEMENT
All programs, products and services are owned and provided by Cloud Milk Studio (“Company” or “I” or “My” or “Me”). The term “You” or “Your” refers to any user or purchaser of said product(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s products. I reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this section.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email me at cloudmilk.pdf@gmail.com and I will make reasonable efforts to remove Your name, email, and access to my services and website(s).
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Cloud Milk Studio, or the properly attributed party. It is a violation of federal law to use any of my intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should I choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using my intellectual property immediately.
You may use my intellectual property with clear and obvious credit back to my site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, you may never claim any of my intellectual property as your own or your unique creation, even with attribution.
PRODUCT REVIEWS
I may ask you to leave a rating and/or review of your purchase. If you choose to write a review, you must comply with the following guidelines:
You have used and/or accessed the product(s) sufficiently to speak with reasonable knowledge as to its effectiveness, value, aesthetics, or utility; and
You do not use any offensive language, such as profanity, hateful or racist speech; and
Your submission does not discriminate on the basis of race, gender, religion, nationality, age, or disability; and
You have not used your purchase in an illegal way or made any implied or express claims to the same; and
You are not related to anyone who owns any part of my site; and
You are not claiming any false or misleading statements; and
You are not affiliated with or working for any site or company I deem a competitor, at my sole discretion; and
You do not organize a campaign encouraging others to leave reviews, whether good or bad, unless otherwise authorized to do so.
I reserve the right to accept or reject your review at my sole discretion. Reviews are not my opinions or beliefs. I do not assume any liability for any review or for any claim, issue, liability, or loss resulting from any posted review. By posting a review, you hereby grant to me a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MODEL RELEASE
You must own the copyright to any image(s) you use by default or voluntarily on my platforms or in my Offering or related materials. You grant me a commercial license to any image(s) you submit to me by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Offering, or voluntarily upon my request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
I am not obligated to notify You or anyone in photographs of my publication or other use of any image or images You submit by default or voluntarily.
SECURITY AND ASSUMPTION OF RISK
It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. I do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors by Stripe and PayPal. By utilizing these payment processors to gain access to the Offering, you indemnify me and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing my Offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.
YOUR COMMUNICATIONS
Any communications made through my ‘contact’, newsletter sign-up, or other related pages, or directly to my phones or mailing or email addresses are not held privileged or confidential and are subject to viewing and distribution by third parties. I own any and all communications displayed on my website, servers, comments, emails, or other media as allowed by Dutch law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how I store and use your communications or any data provided by you in those communications, please refer to my Privacy Policy on this page.
I maintain the right to republish any submission in whole or in part as reasonably necessary in the course of my business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
My website and related materials are provided for educational and informational use only. You agree to indemnify and hold me harmless for any direct or indirect loss or conduct incurred as a result of your use of my website and any related communications, including as a result of any consequences incurred from technological failures such as payment processor errors or system failures.
While I may reference certain results, outcomes, or situations on this website, you understand and acknowledge that I make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or CPA and/or CFP respectively. I expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis, and while I try to make accurate statements in a timely and effective manner, I cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let me know, please email me at cloudmilk.pdf@gmail.com.
EARNINGS DISCLAIMER
You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches my Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of my control. Therefore, I cannot guarantee your success merely upon access or purchase of my Offering(s) or related material(s).
GENERAL DISCLAIMER
To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with my Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. I am not a medical, legal, financial, or other professional, or if I am, during the course of this Offering and related material(s), I am not offering my professional services, and you expressly agree I am not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.
THIRD-PARTY DISCLAIMER
You acknowledge and agree that I am not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.
WARRANTIES DISCLAIMER
I MAKE NO WARRANTIES AS TO MY PRODUCTS OR SERVICES. YOU AGREE THAT PRODUCTS OR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE PRODUCTS OR SERVICES ARE UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MY PRODUCT OR SERVICES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TECHNOLOGY DISCLAIMER
I make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access my Offering(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge my lack of responsibility for said failure, and while I will make reasonable efforts to support you, some technological issues are far outside my control and will require you to access support from a third-party provider.
ERRORS AND OMISSIONS
I make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in my Offering(s). I am not liable for any inaccuracies, errors, or reliance on personal opinions contained in my Offering(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
You agree at all times to indemnify and hold harmless my Company, as well as any of my affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to my Offering(s).
LIMITATION OF LIABILITY
I will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to my Offering(s). I do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of my Offering(s) and related material(s).
AFFILIATES
This site may use affiliate links to sell certain products or services. I disclaim any and all liability as a result of your purchase through one of these links. I will use reasonable efforts to notify you when and where I have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time I feel you have violated these Terms and Conditions, then I shall immediately terminate your use of my website and any related communications as I deem appropriate. It is within my sole discretion to allow any user’s access to my website, and I may revoke this access at any time without notice, and if necessary, block your IP address from further visits to my site(s).
FINANCIAL CONSIDERATIONS
You authorize myself to charge your chosen payment provider for the total amount stated on your checkout cart screen. You agree to abide by the terms and conditions of your card issuer agreement and any other applicable third-party agreement that may affect your purchase with me. You agree to provide current, accurate, and complete details as requested to process your payment. If necessary, you agree to update your payment information in a timely manner so I can complete any outstanding orders and/or contact you as needed.
I reserve the right to change my prices at any time.
You agree to pay any applicable shipping and/or handling fees as stated on your checkout cart screen.
FINANCIAL CONSIDERATIONS
I reserve the right to correct any errors or mistakes in pricing, even if I have already received payment. Any such changes will be conveyed in writing via email to notify you of my correction and to allow you to take the most appropriate action in the event of such a correction or mistake.
CURRENCY
All payments will be processed in USD.
TAXES
Sales taxes will be applied to your order as required by law in either your or my local area(s).
ORDER REVERSAL OR CANCELLATION
I reserve the right to refuse to fulfill any order placed on my website, in part or in full, and will issue a refund accordingly. I reserve the right to limit or cancel quantities purchased by any given user or household at my sole discretion. I may restrict order quantities based on personal data provided by you, such as orders placed under the same customer account, orders placed on the same payment method, and/or orders that use the same billing and/or shipping address.
NO RESELLING OR DISTRIBUTION OF MY PRODUCTS
I expressly prohibit orders that, in my sole discretion, appear to be placed in an attempt to resell my products. I expressly prohibit orders placed by resellers, dealers, distributors, or wholesalers and will ban your access to my site in any lawful way possible if I discover your prohibited use(s).
BACKORDERS AND SOLD OUT PRODUCTS
Occasionally my inventory system fails to detect the actual quantity of my products available. If you make a purchase and I am unable to secure the quantity of items you requested, I will promptly contact you to let you know the new expected fulfillment date. If you do not wish to continue with your order, I will issue you a refund or store credit for the full purchase price of the sold-out product(s), as indicated on your receipt.
REFUNDS AND RETURN POLICY
I take your investment seriously, and I’d appreciate if you took my investment of time and resources into your success seriously, too. Due to the nature of the services, products, and courses provided, refunds will not be given unless otherwise specified in writing.
PROMOTIONAL PRICING DEVICES AND PRICE ADJUSTMENTS
I am not able to accommodate a price adjustment after your purchase.
Promotional pricing devices include discounts, coupon codes, or sale periods. Only one promotional pricing device is allowed per purchase unless otherwise provided.
CHARGEBACKS
You agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of my promotions, discounts, bonuses, affiliate bonuses, or other materials afforded to you in exchange for your original purchase of my Offering. I reserve the right to present proof of your access or acceptance of your purchased product(s), and these Terms and Conditions of Use to the financial institution investigating the dispute.
DISPUTE RESOLUTION
If you and my Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
NON-DISPARAGEMENT
If you are found to be slandering, libeling, or otherwise disparaging my Company, Offering(s), or related materials at my discretion, you will be immediately removed from the Offering(s) and any related communications. I reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm my Company.
CONSENT
By using my website, you hereby consent to my Terms and Conditions of Use and Privacy Policy.
If you require any more information or have any questions about my Terms and Conditions of Use, or my Privacy Policy, please feel free to contact me by email at cloudmilk.pdf@gmail.com
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here are reserved by Company.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
Email: cloudmilk.pdf@gmail.com
UPDATED - FEB 12, 2024