Gipsy Malan t/a Frozen Cactuscreations (https://frozencactuscreations.com) (“Website”) Website Terms and Conditions of Use and Disclosure Policy (“Terms of Service”).
By checking the Terms of Service box, you agree that you have read, understood, and agree to the following Terms and Conditions of Use and Earnings and Testimonial Disclaimer by Gipsy Malan t/a Frozen Cactus Creations. All policies that apply to the Website also apply to the Service, as defined below.
PURCHASE POLICIES
On the Website, you may purchase courses, memberships and digital downloads that are hosted through Sendowl, (collectively (the “Service”)). Once you sign up for the Service, you will receive access to a User Account, as defined below.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Gipsy Malan t/a Frozen Cactus Creations’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Gipsy Malan t/a Frozen Cactus Creations that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Gipsy Malan t/a Frozen Cactus Creations the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Gipsy Malan t/a Frozen Cactus Creations to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your User Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Gipsy Malan t/a Frozen Cactus Creations know within sixty (60) days after the date that Gipsy Malan t/a Frozen Cactus Creations charges you. Gipsy Malan t/a Frozen Cactus Creations reserve the right to change the price of the Services. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Access will be revoked to the Services if you choose a payment plan or subscription and do not complete the payments on schedule.
REGISTRATION & RESTRICTED ACCESS
Access to certain areas of the Website may be restricted. Gipsy Malan t/a Frozen Cactus Creations reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Gipsy Malan t/a Frozen Cactus Creations immediately at gipsy@frozencactuscreations.com. Gipsy Malan t/a Frozen Cactus Creations will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Gipsy Malan t/a Frozen Cactus Creations or other third parties for any losses incurred due to such unauthorized use.
When you create a User Account with Gipsy Malan t/a Frozen Cactus Creations, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Gipsy Malan t/a Frozen Cactus Creations’s sole discretion.
Gipsy Malan t/a Frozen Cactus Creations may disable your username and password at its sole discretion, refuse to register a user for the Service, remove or edit any content contributed to the Website or cancel any User Account. Gipsy Malan t/a Frozen Cactus Creations may, without notice, refuse access to its Website, in whole or part, to any person that fails to comply with these Terms.
Gipsy Malan t/a Frozen Cactus Creations reserves the right to modify methods for registration and access levels of registered users from time to time.
WHAT DOES LIFETIME ACCESS MEAN?
If lifetime access was stated at the time of purchase, you will have lifetime access to the version of the Service you are purchasing for as long as the Service exists. This means you are not entitled to future Service updates, bonuses, or additional content added at a later date but you will maintain access to the version of the Service you purchased as long as it exists. If the Service you purchase is retired (discontinued), you will no longer have access to it. Gipsy Malan t/a Frozen Cactus Creations cannot guarantee that notice will be provided prior to discontinuing a Service. Gipsy Malan t/a Frozen Cactus Creations reserves the right to retire (discontinue) a Service at any time with or without prior notice.
REFUNDS
Due to the digital nature of Gipsy Malan t/a Frozen Cactus Creations’s products, all sales of eBooks, templates, PDFs, courses, subscriptions, workshops and memberships are final.
USE OF THE WEBSITE
Unless otherwise stated, Gipsy Malan t/a Frozen Cactus Creations owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
-Republication of content from the Website, unless content is specifically and expressly made available for republication;
-Sale, rental, or sub-license of any content from the Website;
-Reproduction or duplication of any content on the Website for commercial purposes;
-Modification of any content on this website, unless content is specifically and expressly made available for modification;
-Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content that is not behind a username and password on social media channels, as long as a link to the website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Gipsy Malan t/a Frozen Cactus Creations’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Gipsy Malan t/a Frozen Cactus Creations.
You must not use the Website in a way that causes, or may cause, damage to the website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Gipsy Malan t/a Frozen Cactus Creations’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Gipsy Malan t/a Frozen Cactus Creations’s express written permission.
You may not use this Website for any unlawful, illegal, fraudulent, or harmful purpose or activity.
You may not share private and proprietary information from online courses with anyone else
COPYRIGHT
The Website, courses and digital downloads on the Gipsy Malan t/a Frozen Cactus Creations site, include materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email and use materials on the Website for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from the Website for commercial purposes. Any reproduction or unauthorized use of any materials found on this Website shall constitute infringement. Your purchase grants you a single, non-transferable license to the specific materials you’ve purchased (including free and paid content). All content you obtain through the course is the property of Gipsy Malan t/a Frozen Cactus Creations, and your license allows for personal, non-commercial use only by you.
GRANT OF RIGHTS
You grant Gipsy Malan t/a Frozen Cactus Creations a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Gipsy Malan t/a Frozen Cactus Creations the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Gipsy Malan t/a Frozen Cactus Creations or a third party.
Gipsy Malan t/a Frozen Cactus Creations reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Gipsy Malan t/a Frozen Cactus Creations’s servers; or, (iii) hosted or published on the Website. Gipsy Malan t/a Frozen Cactus Creations takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Gipsy Malan t/a Frozen Cactus Creations’s rights under the Terms of Use, Gipsy Malan t/a Frozen Cactus Creations does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
If you submit, comment or post any materials (such as photos, videos or written content) to this Website, you represent and warrant that: (1) you are at least 16 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Gipsy Malan t/a Frozen Cactus Creations a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Gipsy Malan t/a Frozen Cactus Creations a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. Gipsy Malan t/a Frozen Cactus Creations does not claim any ownership rights in your materials.
Please choose carefully the materials that you upload to, submit to, or embed on this Website. Any material you post on this Website becomes public. You are responsible for your material and for any liability that may result from the material you post on this Website. You participate, comment, and post material on this Website at your own risk. Any communication by you on this Website, whether by leaving a comment or participating in a chat room, message board, public forum, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended to be considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to gipsy@frozencactuscreations.com and we will remove the image within 1 to 2 business days.
DISCLOSURES
Gipsy Malan t/a Frozen Cactus Creations has made every effort to ensure that all information on the Website has been tested for accuracy. Gipsy Malan t/a Frozen Cactus Creations makes no guarantees regarding the results that you will see from using the information provided on the Website.
Gipsy Malan t/a Frozen Cactus Creations disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Gipsy Malan t/a Frozen Cactus Creations assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
Gipsy Malan t/a Frozen Cactus Creations has made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. Gipsy Malan t/a Frozen Cactus Creations assumes no responsibility for your decisions or for policies or practices that you implement based on information on the Website. Everything provided on the Website is for informational purposes only.
Any statements related to income or earnings potential on the Website are examples of what may be possible in the future. Gipsy Malan t/a Frozen Cactus Creations makes no guarantees regarding results, present or future. Froese Media LLC is not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Website. The Website is provided for informational purposes only.
YOUR RESPONSIBILITY
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Gipsy Malan t/a Frozen Cactus Creations makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Gipsy Malan t/a Frozen Cactus Creations assumes no responsibility for errors or omissions that may appear on the Website.
NO WARRANTIES
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Gipsy Malan t/a Frozen Cactus Creations makes no representations or warranties in relation to the Website or the information and materials provided therein.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GIPSY MALAN T/A FROZEN CACTUS CREATIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Gipsy Malan t/a Frozen Cactus Creations makes no warranty the Website will meet your requirements; will be available uninterrupted, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Gipsy Malan t/a Frozen Cactus Creations is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
NO PROFESSIONAL RELATIONSHIP
Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between you and Gipsy Malan t/a Frozen Cactus Creations or any of its professionals.
LIMITATION OF LIABILITY
GIPSY MALAN T/A FROZEN CACTUS CREATIONS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify, and hold the Gipsy Malan t/a Frozen Cactus Creations, its owners, members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Service (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
THIRD PARTY AFFILIATE LINKS AND PRODUCTS
The Website may contain links to third-party websites that are not governed or controlled by Gipsy Malan t/a Frozen Cactus Creations. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Gipsy Malan t/a Frozen Cactus Creations assumes no control or liability over the content of any third-party sites. You expressly hold harmless Gipsy Malan t/a Frozen Cactus Creations from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Gipsy Malan t/a Frozen Cactus Creations harmless from any and all liability in any dispute.
Gipsy Malan t/a Frozen Cactus Creations may receive a commission, at no additional cost to you, when you purchase a product through a third-party link.
SHARING LOGIN CREDENTIALS IS STRICTLY PROHIBITED
This will result in your access being immediately revoked and your payment will be forfeited. You will be held liable for damages to Gipsy Malan t/a Frozen Cactus Creations.
COMMUNITY ACCESS
Some of our Services also contain access to a private Facebook group (the “Private Groups”). Gipsy Malan t/a Frozen Cactus Creations is not liable for nor does Gipsy Malan t/a Frozen Cactus Creations endorse the information shared amongst community members in the Private Groups. Access to the Private Groups may be revoked at any time by Gipsy Malan t/a Frozen Cactus Creations. The Private Groups are provided solely for your convenience and may be shut down at any time by Gipsy Malan t/a Frozen Cactus Creations, with or without notice. The closing of a Private Group is not grounds for a refund of any kind. The Private Groups are provided strictly as free bonuses.
You are solely responsible for your interactions with other members of the Private Groups. You understand and agree that any contact, whether online or in-person, with any participant is done solely at your own risk. Gipsy Malan t/a Frozen Cactus Creations disclaims any and all liability for any interactions between participants and you expressly hold Gipsy Malan t/a Frozen Cactus Creations harmless for any such interaction.
CONFIDENTIALITY AND PRIVACY
Gipsy Malan t/a Frozen Cactus Creations respects your privacy and insists you agree to respect the privacy of Gipsy Malan t/a Frozen Cactus Creations and all other members of the Service (“Participants”). Any confidential information (“Confidential Information”) shared by the Participants or any Gipsy Malan t/a Frozen Cactus Creations’s representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Private Groups, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate Gipsy Malan t/a Frozen Cactus Creations ‘s publicity or privacy rights. Furthermore, you will not reveal any information to a third party obtained in connection with these Terms of Use. By purchasing the Service, you agree that if you violate or display any likelihood of violating this Agreement, Gipsy Malan t/a Frozen Cactus Creations and/or the Participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
UNAUTHORIZED USE AND REVOCATION OF ACCESS
Gipsy Malan t/a Frozen Cactus Creations reserves the right, in its sole discretion to revoke access to the Services at any time. Gipsy Malan t/a Frozen Cactus Creations also reserves the right, in its sole discretion, to revoke access to the Services without providing a refund if any content has been copied or used in an unauthorized manner. Unauthorized use includes copying the course or the course concept for any commercial product, including but not limited to (i) creating a book, an ebook, downloadable template, or course, class or workshop (either online or in-person) offering the same or related information, (ii) adding content to an existing book, ebook, downloadable template, or course, class or workshop (either online or in-person) that offers the same or related information, (iii) creating or contributing to a third party’s information product, or (iv) otherwise creating and/or selling any related products that compete with Gipsy Malan t/a Frozen Cactus Creations’s courses (“Works”).
You may not resell purchased templates or use any purchased templates with clients.
You explicitly agree not to, by yourself or through a business entity, create and/or offer Works that compete with Gipsy Malan t/a Frozen Cactus Creations. You also hereby warrant and represent that you, nor any of your associated business entities, have created and/or offered Works that compete with Gipsy Malan t/a Frozen Cactus Creations.
You agree any offering of Works that compete with Gipsy Malan t/a Frozen Cactus Creations constitutes a material breach of these Terms of Service for which Gipsy Malan t/a Frozen Cactus Creations can obtain injunctive relief, subject to the Equitable Relief section below, in addition to any other remedies available. Gipsy Malan t/a Frozen Cactus Creations reserves the right to pursue, and you agree to be liable for, damages for unauthorized use of courses or course materials, including any attorney fees accrued in connection with enforcing these rights.
MODIFICATIONS TO THE SERVICE
Gipsy Malan t/a Frozen Cactus Creations reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gipsy Malan t/a Frozen Cactus Creations will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Gipsy Malan t/a Frozen Cactus Creations has no obligation to retain any part of the User Account for any period of time beyond what may be required by applicable law.
EQUITABLE RELIEF
You acknowledge and agree that in the event of certain breaches of the Terms of Service, Gipsy Malan t/a Frozen Cactus Creations may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Gipsy Malan t/a Frozen Cactus Creations shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
EMAIL ADDRESS COLLECTION
By signing up for a course on this site, you are consenting to join Gipsy Malan t/a Frozen Cactus Creations’s email list through ConvertKit where you will receive regular communications such as weekly newsletters. You can unsubscribe at any time at the bottom of the email or by emailing gipsy@frozencactuscreations.com.
CHANGES TO TERMS OF SERVICE
Gipsy Malan t/a Frozen Cactus Creations may change, modify or update these Terms at any time without notice. Any access or use of this Website by you after Gipsy Malan t/a Frozen Cactus Creations posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact gipsy@frozencactuscreations.com.