Legal & Disclaimers

All the necessary privacy, affiliate, and legal stuffs that you should know and have easy access to.

Definitions

The policies, disclaimers, terms, and conditions were last updated on August 08, 2024.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of the policies, terms and conditions, disclaimers, and other disclosures listed on this page...

  • “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Whimsy Valley Creations

  • “Country” refers to United States.

  • "State" refers to Georgia

  • “Website” refers to https://whimsyvalleycreations.com

  • Contact Page" refers to https://whimsyvalleycreations.com/contact

  • “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • “Account” means a unique account created for You to access our Service or parts of our Service.

  • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.

  • “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • “Service” refers to the Website.

  • “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement was generated by Terms Feed Terms and Conditions Generator.

  • “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Privacy Policy

At Company, we are committed to maintaining your trust and confidence when you visit our website.
In particular, we want you to know that we are not in the business of selling, renting, trading, or otherwise sharing our email list with any other businesses for marketing or any other purpose.

We just don’t do that sort of thing because it’s wrong and we appreciate the trust you placed in us when you shared your email with us.

But, just in case you don’t believe us, this Privacy Policy provides lots of detailed information on when and why we collect your personal information, how we use it, the very limited situations where we might share it with someone else, and how we keep it secure.

Analytics Services: We use Google Analytics and Facebook Pixels to understand user behavior and improve our website. They only collect anonymous usage data which is not linked to any personal information. We do not allow these services to identify individual users.

Mailing List: We collect your name and email address when you sign up for our mailing list, along with any additional information you provide voluntarily. We obtain your explicit consent to join the mailing list. This personal information is used solely to communicate with you and personalize the content. We do not share it with any third-party services.

Access to your personal information: You are entitled to view, change, or delete any or all of the personal information that we hold. Simply email your request to our team via our Contact Page and we’ll get right on it.

Changes to this Privacy Policy: We will periodically review this policy to improve it. When that happens, we will send an email to update you if we have your contact information on file.

Data Retention: We retain personal data for as long as necessary to provide our services, fulfill the purposes outlined in this policy, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, and comply with applicable laws. Non-personal data may be retained indefinitely.

Security Measures: We have appropriate physical and technological safeguards in place to protect your personal information from unauthorized access, disclosure, or destruction. This includes storing data in encrypted form, employing firewalls, access controls, and data minimization strategies.

GDPR Compliance: Our data collection, storage, and processing practices adhere to GDPR principles for users in the EU. We provide you the rights of access, rectification, erasure, restriction, objection, and portability. Please contact us if you wish to exercise these rights.

Children's Privacy: We do not knowingly collect personal data from children under 16 years of age. If we discover we have such data, we will delete it, unless we have a legal obligation to keep it. We request that children under 16 do not provide any personal data to us.

Data Breach Notification: In the event of a data breach involving personal information, we will notify affected users within 72 hours of discovery. Notifications are delivered via email and/or prominent website notice based on the contact details we have on file.

Data Transfer/Storage: Information collected through this website may be processed and stored in the United States or any other country in which we or our affiliates, subsidiaries, or service providers operate facilities. We protect personal information transferred internationally through appropriate safeguards like standard contractual clauses.

Financial Data: For any purchases, subscriptions or donations made through the website, we or our third-party payment processor securely collect necessary financial data like credit card details, billing address etc. This sensitive information is transmitted through secure HTTPS channels and stored in encrypted format under extremely strict access controls for the duration required by law.

California Privacy Rights: California residents may request details on what personal information we have collected and how it is used, shared, secured etc. as well as request deletion of their data by emailing us through our Contact Page. We will not discriminate against Californians who exercise any of their privacy rights provided under state law.

Changes to Policy: If we make any material changes to this privacy policy that affect user data collected in the past, we will notify users via email/website notice prior to implementing these changes.

Contact Us: If you have any questions or concerns about this privacy policy or how your data is handled, please contact us through our Contact Page. We will respond promptly.

Cookie Disclaimer

Understanding Cookies:

  • What Are Cookies? Cookies are small data files stored on your device by websites. They are widely used to make websites work more efficiently, as well as to provide information to the owners of the site.

  • Our Use of Cookies: We use cookies to enhance your experience on our website by remembering your preferences and repeat visits.

Types of Cookies and Collected Information:

  • Essential Cookies: Necessary for the website to function properly. These cookies ensure basic functionalities and security features.

  • Performance Cookies: Help us understand how visitors interact with the website, providing information on metrics such as number of visitors, bounce rate, traffic source, etc.

  • Functional Cookies: Enable certain functionalities like sharing website content on social media platforms, collecting feedback, and other third-party features.

  • Advertising Cookies: Used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.

Managing Your Cookie Preferences:

  • Consent and Control: You have the right to manage your cookie preferences and can change or withdraw your consent at any time via the Cookie Declaration on our website.

  • Browser Settings: Additionally, most browsers allow you to control cookies through their settings preferences.

Further Information and Privacy:

  • Privacy Policy Reference: For more details on how we use, store, and keep your personal data secure, please refer to our Privacy Policy on this page.

  • Contact Information: Learn more about us, how to contact us, and how we process personal data in our Privacy Policy.

  • Your consent applies to whimsyvalleycreations.com and all of our corresponding sites and services.

Third-Party Links and Affiliate Partnerships Disclaimer

External Links and Resources:

  • Third-Party Content: Our content may include links to third-party websites and resources for additional information. We are not responsible for the content or accuracy of these external sites.

  • No Endorsement Implied: Including these links does not imply our endorsement of the external content, products, or services.

Affiliate Relationships:

  • Earning Commissions: We participate in affiliate marketing and may earn a commission for referrals to other products or services. Our affiliate relationships do not influence the content we provide or the recommendations we make.

  • Transparency and Trust: We are committed to maintaining transparency with our users. Any content involving affiliate links will be clearly identified.

Terms of Participation in Programs and Services

Engagement with Our Services: Participation in The Company's programs, workshops, coaching sessions, and any other services is governed by the following terms:

Program Enrolment and Participation:

  • Eligibility: Participants must meet any specified criteria for each program and agree to engage in the program with professionalism and commitment.

  • Payment Terms: All program fees must be paid in accordance with the stated payment schedules. Late payments may result in suspension of services or program access.

  • Cancellation Policy: Details of cancellation policies for each program or service, including any potential refunds or penalties, will be clearly communicated at the time of enrolment.

Conduct & Well-Being:

  • Professional Behavior: Participants are expected to conduct themselves in a professional manner, respecting the diversity and dignity of fellow participants and instructors.

  • Confidentiality: Respect the confidentiality of information shared within the program, especially in group settings or community forums.

  • Health and Stress Management: We acknowledge the potential stress involved in learning and business management. Participants are encouraged to manage their health appropriately and seek professional advice as needed. Our programs are not a substitute for professional healthcare advice.

Intellectual Property: Use of Materials: All course materials and resources provided are for personal use only and are subject to our Intellectual Property Disclaimer.

Changes to Terms: Updates: The Company reserves the right to update these terms as necessary. Participants will be notified of any significant changes.

Community Code of Conduct

Our Commitment to a Positive Environment: At The Company, we believe in fostering a community that is respectful, inclusive, and supportive. This Code of Conduct outlines the expectations for all members and participants in our community spaces, including online forums, webinars, social media groups, and live events.

Respectful Communication:

  • Politeness and Professionalism: Always engage with others in a polite and professional manner. Avoid using offensive or derogatory language.

  • Constructive Feedback: When offering critique or feedback, ensure it is constructive and aimed at providing positive, actionable suggestions.

Inclusivity and Diversity:

  • Welcoming Environment: Embrace diversity and foster an environment where all members feel welcomed and valued, regardless of their background, experience level, or identity

  • No Discrimination: Discrimination of any kind, including based on race, gender, sexual orientation, age, disability, religion, or nationality, is strictly prohibited.

Harassment-Free Community:

  • Zero Tolerance for Harassment: Any form of harassment, including but not limited to bullying, intimidation, and persistent unwelcome attention, will not be tolerated.

  • Reporting Mechanisms: Members are encouraged to report any incidents of harassment or violations of this Code of Conduct. Reports will be treated with confidentiality and seriousness.

Integrity and Honesty:

  • Honest Interactions: Engage with the community in good faith and with honesty. Misleading or deceptive conduct is not acceptable.

  • Respect Intellectual Property: Honor the intellectual property rights of others. Do not share copyrighted or proprietary information without permission.

Privacy and Confidentiality:

  • Respect Privacy: Do not disclose private or confidential information of others without their explicit consent.

  • Sensitive Information: Be cautious when discussing sensitive topics. Ensure that such discussions are in line with the values of respect and support.

Enforcement of the Code: Violations of this Code of Conduct may result in removal from the community or program, at the discretion of The Company and her team. We reserve the right to take appropriate action to ensure our community remains a supportive and safe space for everyone.

Continuous Improvement: This Code of Conduct is a living document, subject to revisions and improvements over time. We welcome feedback from our community members to enhance our shared environment.

Intellectual Property Disclaimer

Protection of Content and Resources: At The Company, we take pride in the creation and provision of high-quality, original content and resources. Our materials, including but not limited to, courses, webinars, documents, and coaching materials, are protected under intellectual property laws.

Usage Guidelines:

  • Personal Use Only: All content provided by The Company is intended for personal and non-commercial use. This means you may not reproduce, distribute, modify, or display these materials without explicit permission.

  • No Redistribution: Redistribution of our materials, including sharing with non-members or posting on public platforms, is strictly prohibited unless authorized in writing by The Company.

  • Respect for Copyright: Please respect the copyright of third-party materials referenced or used in our content. Proper accreditation and adherence to copyright laws are required.

Infringement Consequences:

  • Legal Action: Any unauthorized use of our materials may be subject to legal action to protect our intellectual property rights.

  • Revocation of Access: Violation of these guidelines may result in the revocation of your access to our resources and membership platforms.

Limitation of Liability

Understanding the Scope of Our Responsibility: The Company aims to provide valuable and accurate information through our services. However, it is important to understand the limitations of our liability.

  • Liability Limitations:

  • General Disclaimer: While we strive to ensure the accuracy and usefulness of our content, The Company does not guarantee the applicability of our materials in every individual or business situation.

  • No Guarantees on Results: The effectiveness of our resources and advice can vary based on individual effort, business circumstances, and market factors. We do not guarantee specific financial or business outcomes.

  • Decision-Making Responsibility: You are solely responsible for your decisions, actions, and results based on the use of our materials and services. The Company is not liable for decisions taken or not taken based on our content.

  • Limitation on Damages: In no event will The Company be liable for any direct, indirect, incidental, or consequential damages arising out of the use or inability to use our services and materials.

Acknowledgment of Risks: Risk Acceptance: By using our services and resources, you acknowledge and accept the inherent risks in business decision-making and agree not to hold The Company liable for any losses or damages incurred.

Results & Earnings Disclaimer

Understanding the Nature of Our Services: At The Company, we are committed to providing high-quality coaching, resources, and guidance to help you grow and succeed in your journey. However, it's important to understand the nature of our services and the variability of results.

Individual Results May Vary:

  • No Guaranteed Outcomes: While we share knowledge, strategies, and tools that have been effective for many, we cannot guarantee that every individual or business will achieve the same results. Success is influenced by personal dedication, effort, and external factors.

  • Variability of Earnings: Earnings and financial outcomes can vary widely. The success stories or examples we present are not guarantees of future earnings or indicative of typical results.

  • Your Effort and Commitment: The level of success you achieve using our materials and guidance depends on the time you dedicate, your understanding and application of the strategies, and your unique business environment.

No Substitute for Professional Advice:

  • General Information: The information provided by The Company, whether in coaching sessions, workshops, or resources, is intended for general educational and informational purposes and should not be seen as specific financial or business advice.

  • Consult Professionals: We recommend consulting with financial advisors, accountants, or legal professionals for advice tailored to your specific business circumstances.

Testimonials and Examples:

  • Real Experiences: Testimonials and examples used are of actual clients and results they have personally achieved or are based on typical results as experienced by individuals who have used our services. However, these examples should not be interpreted as assurances of your own business success.

  • Authenticity: All testimonials are provided willingly, without any form of compensation, and are representative of the individual’s honest opinion.

Acknowledgment of Terms:

  • Acceptance of Risk: By using our services, you acknowledge and agree that there are inherent risks involved in starting or running a business and that you assume responsibility for any decisions made based on the information provided by The Company.

Refund Policy

  • Service Nature: Most of our services are provided on a monthly or one-time basis. We do not typically offer refunds as our services are delivered over these periods.

  • Cancellation Flexibility: You may cancel your subscription or participation in our services at any time. This cancellation will prevent future charges but does not retroactively apply to past payments.

  • Case-by-Case Consideration: If a refund request arises, we will address it on a case-by-case basis, considering the specifics of the request and the service provided.

  • Contractual Agreements: For services governed by a separate contract, the terms of that contract regarding refunds and cancellations will supersede these general terms. Please refer to your specific contract for details.

Acknowledgment and Agreement:

  • Informed Consent: By engaging with our services, you acknowledge and agree to this refund policy.

  • Queries and Concerns: If you have any questions or concerns about this policy or your specific circumstances, we encourage you to contact us for assistance.

Jurisdiction and Governing Law

Legal Framework:

  • Applicable Laws: The Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of “State”, “Country” listed above.

  • Dispute Resolution: Any disputes or legal claims arising in connection with our services shall be resolved under the jurisdiction of the courts located in “State”, “Country” listed above.

User Agreement: Acknowledgment of Jurisdiction: By engaging with our services, you acknowledge and agree to the jurisdiction and governing law as stated, applicable to your use of our services.

Dispute Resolution:

We believe most disputes can be resolved amicably through open communication. In the event a dispute arises between you and Company, we encourage attempting to resolve it through the following measures before taking legal recourse:

  • Open dialogue: Clear communication between the parties

  • Direct negotiation: Mutual good faith negotiations

  • Mediation: Appointing an impartial mediator

  • If disputes cannot be resolved satisfactorily through these means, binding arbitration may be pursued to reach a final resolution, details for which are provided below.

Binding Arbitration: Any claim or controversy between parties that cannot be mutually resolved may be subject to binding arbitration. Arbitration precludes the parties from litigating the dispute in court or having a jury trial. An independent arbitrator will adjudicate the dispute based on applicable law. Users expressly waive rights to engage in class arbitration proceedings. By using the services, you consent to this binding arbitration provision.

Severability: Should any provision of these terms be deemed unlawful, invalid or unenforceable by court of competent jurisdiction, that term will be deemed severed from these terms. The remaining provisions will continue in effect as valid and enforceable.

Terms & Conditions

Please read these terms and conditions carefully before using Our Service.

Overview

  • By accessing or using our website or services, you agree to be bound by these terms, including our privacy policy which is incorporated by reference. If you do not agree, please do not use our website or services.

  • We reserve the right to modify these terms at any time. If changes impact your use, we will notify you through the services or by email. The revised terms will be effective once posted. By continuing to use or access our services after changes become effective, you agree to be bound by the revised terms.

User Accounts

  • You must provide accurate registration details when creating an account. You are responsible for safeguarding your password and account access. Inform us immediately if you discover or suspect any unauthorized access or breaches related to your account.

  • We reserve the right to suspend or terminate accounts if these terms are violated, including due to prolonged inactivity or account breaches we reasonably suspect.

User Content

  • You retain ownership of content you post through our services. By sharing content, you grant us a non-exclusive license to use it in connection with operating and improving our services.

  • You represent that you have necessary rights to share any content. It must not be illegal, harmful, infringing, defamatory or objectionable. We may remove inappropriate content at our discretion.

External Services: Our website may contain links or connections to third party websites or services. We are not responsible for the content, terms, privacy policies, or practices of any third party service. Use third party services at your own risk.

Warranty Disclaimers: We provide services strictly on an "as is" basis, and disclaim any express or implied warranties about the services to fullest extent permissible under law, including merchantability, fitness for purpose, and non-infringement. We make no warranties regarding availability, reliability, quality, accuracy or content.

Liability Limitation: Our liability for damages incurred by you or third-parties through your use of the services is strictly limited to the amount you paid us over the last year or $100 USD if no amount was paid. Certain damages like lost profits or consequential damages due to use of services are excluded. Applicable law may not allow limitations or exclusions of liability, in which case limitations will apply to fullest extent permitted.

Intellectual Property: All content and services including associated software, technology, text, media, information are our proprietary property or licensed to us. Site content may be viewed and accessed for personal use but cannot modified, reproduced, distributed or used for commercial purposes without consent.

Restricted Activities: You are prohibited from violating laws, platform terms, and good faith use policies. Specifically restricted activities include transmitting viruses/malware, spamming, scraping content, overloading or materially impacting site performance etc. We reserve rights to terminate accounts or access related to violations.

Inspiring Joy, Wonder, and a Sense of Enchantment in Every Home

We're dedicated to bringing the charm of whimsical fairy tales and warmth of rustic simplicity to everyday life to our home and yours.

© 2024, Whimsy Valley Creations

legal and disclaimers