Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ ​Studio Mommy, LLC dba Studio Mommy

Last Updated on June 15th, 2018

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 Studio Mommy, a Texas company.

You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.

Terms​ ​of​ ​this​ ​Product​ ​Purchaser​ ​Agreement

All programs, products and services​ ​are owned and provided by Studio Mommy (“Company” or “we” or “us” or “our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We 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 page. 

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 us on our contact page​ ​and we will make reasonable efforts to remove your name, email and access to our Offering and website(s).

Your Product ​Use​ ​and​ ​Consent 

When you purchased our Offering, you were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the Offering and further access of the Offering, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree you are at least 18 years old or of age in your applicable jurisdiction to access the Offering. Access of our Offering and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of Studio Mommy, or the properly attributed party. It is a violation of federal law to use any of our 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 we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may NOT use our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from our site to any third party website including social media. We have spent lots of time and money building the intellectual property located on this site and in order to maintain the integrity of it, we cannot allow any third party use.

Product/Service Intellectual Property

Limited​ ​License. ​ Any and all materials, paid or free, that You access on this or any related domains that contain our Offering are under the sole ownership or licensed use of Studio Mommy​. 

To be clear, we own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), program(s), product(s), service materials or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering you have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole. 

You may:

• Access the Offering for Your personal use
• Download and/or print any Offering materials for your personal use in your business
• Use our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing ©Studio Mommy as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™. 

You may not:

• Re-sell, trade, share, or giveaway your access to the Offering
• Re-sell, trade, share, or giveaway the Offering with anyone else who has not yet purchased it or opted in to receive it
• Reprint or republish any of the Offering, in part or in whole
• Distribute any of the materials contained in the Offering or related materials and/or communications as your own, otherwise known as stealing
• Reproduce and tweak any part or whole of the Offering for distribution as your own work
• Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as theme design, codes, worksheets, graphics, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials)
• Use our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)

Support Policy

Studio Mommy offers lifetime support for our themes, unless it has been retired (no longer for sale), for as long as we are in business. We will do our best to help remedy any problem but cannot guarantee it will be fixed. If you are experiencing an issue with our Offering(s), please send us a support ticket. Support is only provided to those who have purchased our Offering(s) directly from one of Studio Mommy’s shops listed here:

• https://studiomommy.com
• https://www.etsy.com/shop/StudioMommyDesign
• https://creativemarket.com/studiomommy

Support is provided for questions and concerns related to our Offering(s). Personal customizations are not covered under our Support Policy. If you (or a hired 3rd party) make changes to any of our Offering(s), we cannot be held liable for any damages resulting from the changes made.

NOT One-of-a-Kind

Our Offering(s) will be sold an unlimited number of times which means you may see others using the same design. Our Offering(s) are NOT one-of-a-kind.

WordPress Themes

Our themes will only work on self-hosted WordPress.org blogs/sites. If your blog/site is setup on WordPress.com (free or paid version) then our themes will not work on your site. Click here for further instructions on how to setup a self-hosted WordPress blog/site.

Genesis Framework

The Genesis Framework you receive is Studio Mommy’s copy. Studio Mommy does NOT provide support for the Genesis Framework. Studio Mommy ONLY provides support for Studio Mommy themes. If you experience problems with the Genesis Framework… you must first download a free copy of the Genesis Framework from WPEngine then contact them for support. WPEngine will not provide you with support if you do not have your own copy from them.

Request for Permission to Use Content

If you wish to use, publish or access any of our content, Offering(s) or related materials, You must do so by requesting permission prior to commencing use of the same by email Us on our contact page.

Civil and Criminal Penalties

Even though our Offering is not necessarily something you can physically hold in your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Texas by opting into or purchasing any Offering or accessing its related communications and/or materials.

Your Materials and Contributions

By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third party access sites, such as Our Facebook group(s) or online software platforms that we use to distribute Our Offering and related materials, you agree that we have a non-revocable, commercial license to re-publish your submission in whole or in part unless you explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose your participation in the same. 

Model Release

You​ ​must​ ​own​ ​the​ ​copyright​ ​to​ ​any​ ​image(s)​ ​You​ ​use​ ​by​ ​default​ ​or voluntarily​ ​on​ ​our​ ​platforms​ ​or​ ​in​ ​our​ ​Offering​ ​or​ ​related​ ​materials.​ ​You​ ​grant​ ​Us​ ​a commercial​ ​license​ ​to​ ​any​ ​image(s)​ ​you​ ​submit​ ​to​ ​Us​ ​by​ ​default,​ ​such​ ​as​ ​a​ ​Facebook profile​ ​photo​ ​or​ ​other​ ​profile​ ​image​ ​you​ ​voluntarily​ ​provide​ ​in​ ​accessing​ ​the​ ​Offering,​ ​or voluntarily​ ​upon​ ​Our​ ​request.​ ​Such​ ​a​ ​default​ ​or​ ​voluntary​ ​release​ ​of​ ​Your​ ​image​ ​and likeness​ ​may​ ​be​ ​used​ ​for​ ​any​ ​reasonable​ ​future​ ​business​ ​use.

Notification of Use

We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images you submit by default or voluntarily.

Security​ ​and​ ​Assumption​ ​of​ ​Risk 

Security

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. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe or Paypal. By utilizing these payment processors to gain access to the Offering, You indemnify Us 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 our 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 our ‘contact,’ blog, blog comments, support ticket, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by the United States 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 we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our 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

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we 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. We 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 we try to make accurate statements in a timely and effective manner, we 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 us know, please email us on our contact page.

Earnings Disclaimer

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, we cannot guarantee Your success merely upon access or purchase of our Offering(s) or related material(s). 

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our 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. We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering our professional services and you expressly agree we are 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, financial advice. 

Third Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you. 

Warranties Disclaimer

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. 

Technology Disclaimer

We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Offering(s), contained in our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider.

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Offering(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Offering(s) or related material(s).

Indemnification,​ ​Limitation​ ​of​ ​Liability​ ​and​ ​Release​ ​of​ ​Claims

Indemnification

You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ our​​ Company, ​​as well​ ​as​ ​any​ ​of​ ​our​ ​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​ ​our Offering(s)​.

Limitation of Liability

We​ ​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​ ​our Offering(s).​ ​We​ ​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​ ​our​ ​Offering(s) and​ ​related​ ​material(s).

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & 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 we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

Financial​ ​Considerations 

Payments

All payments can be made via Stripe or PayPal. The State of Texas residence must pay a Sales Tax fee of 8.25%. Complete payment is due before you will receive any Offerings.

Split Payment

If choose the Split Payment Plan option, you are REQUIRED BY LAW to complete all remaining payments of your payment plan. If You elect for a partial payment plan, You hereby authorize Studio Mommy and any third party processor to charge your credit card or debit card automatically according to the terms of your payment plan. If the payment method provided upon purchase has been declined for payment of your monthly fee, you must provide a new eligible payment method promptly or the digital asset will be removed from your account.

YOU MAY NOT CANCEL OR VOID THESE PAYMENTS. You agree that you DO NOT OWN the single-use product license or RECEIVE the product until paid in full. In the event that any payment is not made, there will be a 3 day grace period between payment due date. If payments are delinquent beyond 30 days, Studio Mommy WILL BE REQUIRED to remove any digital assets that you do not legally own.

Refunds

We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously too. 

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.  

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 Our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute. 

Revocation of Access

You have the unilateral right to terminate your use and access to any of Our Offering(s). Please send us a support ticket to initiate this process.

Dispute Resolution

If You and our 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 our Company, Offering(s) or related materials at our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our Company.

Entire Agreement

Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy.  If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

Severability

If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Texas, United States.

Consent

By using our website, you hereby consent to our Terms and Conditions of Use.

If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to email us on our contact page.

All Rights Reserved

All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company.

Contact

If you have any questions about any term of these Terms of Use, please email us at on our contact page. Thank you.