This Creative Day

Effective Date: 02-July-2024

 

Please read these Terms and Conditions ("Terms") carefully before engaging This Creative Day (“Company”, "us", "we", or "our") for services and other offerings (collectively “Services”) and before using the https://www.thiscreativeday.com/ website (the "Website") operated by This Creative Day. 

 

These Terms apply to all clients, visitors, users and others (collectively “you” and “your”) who wish to use our Services or Website and your access to and use of our Services and Website is conditioned upon your acceptance of and compliance with these Terms. If you disagree with any part of the Terms then you do not have permission to use our Services or Website. The headings used in the documentation of our Terms are included for convenience only and will not limit or otherwise affect the Terms.

 

1. OVERVIEW

This Creative Day provides Services and operates this Website and we would love for you to engage with us. This Website and its content, including blog articles and descriptions of Services, are designed to educate and assist you in your journey. We encourage you to express yourself freely in this space. However, we ask that you please be responsible and respectful in what you write in our discussion areas. It is fine to be critical and voice your opinion, but rudeness and personal attacks are not acceptable. In particular, make sure that none of the prohibited items described below appear in your writing or your links (things like spam, viruses, or hate content).

 

By visiting our Website and/or purchasing something from us, you are engaging in our Services and agree to be bound by the Terms described here. These Terms apply to all clients and users of our Website, including without limitation users who are browsers, vendors, customers, merchants, and content contributors. Our store is hosted by Wix, who provides us with the e-commerce platform that allows us to sell some of our Services to you online.

 

At any time we may add new content, features, offers or tools to our Website that will by default become subject to these Terms. You can review the most current version of our Terms on this page at any time, and it is your responsibility to do so. Your continued use of or access to our Website following the posting of any changes constitutes acceptance of those changes.

 

2. INTELLECTUAL PROPERTY

The Website and its original content, features and functionality, and the intellectual property rights of all the materials, products, programs, courses, workshops, retreats, videos, audios, classes, and live events, provided to you or shared with you through or by this Website, in print, and by email and other digital mediums are and will remain the exclusive property of This Creative Day and its licensors. 

 

Our Website and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, trade dress and content may not be used in connection with any product or service without the prior written consent of the Company. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public any of the Website content in any form or media without the prior written permission of This Creative Day. This Creative Day will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to the Company.

 

We take the protection of our intellectual property very seriously. If we discover that you have breached these Terms, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using the materials. You could also be ordered to pay our legal costs.

 

If you believe that material located on or linked to by our Website violates your copyright, you are encouraged to notify the Company. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 

 

3. GENERAL SERVICE TERMS

We reserve the right to limit or refuse our Services to anyone for any reason at any time. In the event that we make a change to or cancel an order, we will endeavor to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. All descriptions and pricing is subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue or modify any Service (or any part or content thereof) at any time. We do not warrant that the quality of any Services, other offerings, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected. The Company shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.

 

You agree to provide current, complete and accurate purchase and account information for all your purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You understand that your content, with the exception of credit card information, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted during transfer over networks. Your submission of personal information through our Website and our store is governed by our Privacy Policy.

 

4. PHOTOGRAPHY SERVICE TERMS

Photography service prices are subject to change at any time without notice. All sales are final. 

 

All photography sessions require a 50% non-refundable deposit fee. Payment of this deposit fee (“Booking”) indicates agreement to these Terms, secures the agreed-upon date and time for a Client’s photography session, and locks in the currently published or agreed-upon pricing. Balance payments in full are due 24 hours before the photography session begins. 

 

There are no additional travel fees for photography sessions within 30 miles of the 43311 Zip Code area. Additional fees for travel will be calculated and added for photography sessions beyond 30 miles of the 43311 Zip Code area, and will be communicated at the time of Booking. Clients are responsible for all site location fees and permits, if applicable.

 

It is understood that some Clients may wish to schedule outdoor photography sessions during Golden Hours, which are approximately 1-2 hours before sunset or approximately 1 hour before sunrise, when there is sometimes a golden glow and warmth in photographs due to natural lighting conditions. Booking photography sessions outside or during Golden Hours is the

decision of the Client. Photography sessions outside Golden Hours are still be beautiful, but if the goal is to capture images with a dreamy quality, scheduling during Golden Hours is recommended.

 

If the Client needs to reschedule or cancel, it is the Client’s responsibility to notify Photographer within 24 hours of a scheduled photography session. If Client fails to notify Photographer within 24 hours of a scheduled photography session, no options for rescheduling will be considered. A Client may reschedule a maximum of two times within one calendar year from initial Booking

date. Thereafter, no options for rescheduling will be considered. In the event of inclement weather conditions, rescheduling can occur at the discretion of the Photographer. Photographer rescheduling due to weather or other reasons can occur at any time, and rescheduling options will be will be thoroughly discussed with the Client. Client is responsible for arranging personal assistance for garments, if required.

 

The Photographer shall be held harmless for any and all injuries to Clients that may occur during the course of any photography session. Additionally, the Photographer cannot be held responsible for damage to garments due to environmental events. If the Photographer cannot provide Services due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer has the right to reschedule the photography session. This release of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without fault on the part of the Photographer.

 

Upon Booking, clients will receive a pre-session questionnaire. Completion of this questionnaire is requested to assist with planning and preparation of the photography session. 

 

Within fourteen (14) days after a photography session, Clients will receive a link to a custom Gallery containing a selection of watermarked images from the photography session. The Photographer is not responsible for delivering every image taken during the photography session. The determination of Gallery images delivered to the Client is left to the discretion of the Photographer. Gallery images may include editing and retouching such as color corrections, skin smoothing, removal of fly-aways, retouching blemishes, et cetera, but will not include body modifications of any kind. Special requests for edits may be subject to additional editing fees based on the nature of requests. 

 

After reviewing the Gallery images, Clients can select the final images that they wish to receive (“Image Selection”), which conveys deliverable images to the Photographer. If additional images beyond the minimum number described in the agreed package are selected by the Client, an additional fee (minimum $50.00) may be charged. Once Image Selection is confirmed, the images become available as high resolution, un-watermarked digital download image files within 24 hours.

 

All digital images created by the Photographer are copyrighted and remain the property of the Photographer. Clients may request a Copyright Release Form from the Photographer at any time. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without issuing proper credit to Photographer. The Client understands that posting of images on the internet must be acknowledged as images by the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. The Photographer retains the copyright to all Images produced by the Photographer. The Client hereby assigns the Photographer the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, educational, professional samples, displays, internet website pages, art exhibitions, contests, and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.

 

5. LINKS AND EXTERNAL REFERENCES

Our Website may contain links to third party (external) websites and services that are independent in all respects to us and not owned or controlled by This Creative Day. We strongly advise you to read the terms and privacy policies of any third party web sites or services that you visit. This Creative Day makes no representation or warranty as to the accuracy, completeness, or authenticity of the information or opinions contained in any such linked website. Any link to another website shall not in any manner be construed as an endorsement by us of that website or of the products or services described therein. You acknowledge and agree that Everyday Bodywork shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party web sites or services.

 

You may establish links to our Website provided that (i) the link in no way implies our sponsorship of your company, offerings, or website; (ii) you do not remove or obscure the copyright notice or other notices on our Website; (iii) you discontinue the link if instructed to do so by us; and (iv) you do not republish, redistribute or otherwise make copies of the materials or products on our Website as part of the link, including by framing or similar means or otherwise.

 

6. USER CONTENT SUBMISSIONS

If, at our request, you send certain specific content submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other content, whether online, by email, by postal mail, or otherwise (collectively “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to (i) maintain any Comments in confidence; (ii) pay compensation for any Comments; or (iii) to respond to any Comments.

 

We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable or content that violates any party’s intellectual property or these Terms. You are solely responsible for any Comments you make and their accuracy. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any Comments. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, spam, threats or incite violence, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing), or contain any computer virus or other malware that could in any way affect the operation of our Website or any related website. 

 

7. PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using our Website or its content for (i) any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of our Website, other websites or the Internet. We reserve the right to terminate your use of the Website and our Services for violating any of the prohibited uses.

 

8. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of our Website and Services, or (ii) a breach of these Terms.

 

9. LIMITATION OF LIABILITY

In no event shall the Company, nor its directors, employees, partners, agents, suppliers or affiliates, be liable for any indirect, incidental, punitive, special, consequential damages of any kind, including without limitation, loss of profits, lost revenue, lost savings, loss of data, replacement costs, loss of use, loss of goodwill, other intangible losses or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Service or other offerings resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party mentioned on the Website; (iii) any content obtained from the Website; (iv) any errors or omissions in any content; (v) any loss or damage of any kind incurred as a result of the use of our Services and other offerings and any content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility; or (vi) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

 

We are not responsible if information made available on the Website that is not accurate, complete or current. We take no responsibility and assume no liability for any Comments posted by you or any third-party. The material on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Website is at your own risk. The Website may contain certain historical information that, by definition, is not current and is provided for your reference only. We reserve the right to modify the contents of our Website at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our Website and our Terms.

 

10. DISCLAIMERS

Your use of the Website and Services is at your sole risk. All Services are provided on an "AS IS" and "AS AVAILABLE" basis and are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We reserve the right to remove or modify any of our Services for indefinite periods of time or to cancel them at any time, without notice to you.

 

The Company and its subsidiaries, affiliates and licensors do not warrant that (i) the Website and Services will be uninterrupted, timely, secure, error-free secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Website is free of viruses or other harmful components; (iv) the results of using the Website and Services will meet your requirements or be accurate or reliable.

 

10.1. PROFESSIONAL

The information contained in or made available through the Website, including but not limited to information contained on blog posts, in text and downloadable files, videos, programs, products, newsletters, or in teleclasses and webinars, cannot replace or substitute for the services of trained professionals in any field, including, but not limited to those with professional credentials in financial, medical, psychological, or legal matters. In particular, you should regularly consult a medical professional in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. 

 

The company and its licensors and suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Website. Neither the Company nor its partners or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of our Services and our Website you agree not to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

 

10.2. GUARANTEES

We appreciate your utilization of our Services such as in-person sessions, courses, coaching programs, retreats, videos, audios, teleclasses, webinars, newsletters and other offerings, and so we’ve taken every effort to ensure we accurately represent their potential to help you grow spirituality and personally. However, there is no guarantee that you will heal a terminal illness, change your mental status, reach enlightenment, or change anything in your life. Nothing in our Services or on our Website represents a promise or guarantee of such changes. Your level of success in attaining your desired results is dependent upon a number of factors including your commitment, self-honesty, self-responsibility, dedication, patience, openness, and will. Because these factors differ for every individual, we cannot guarantee your success or results. Any forward-looking statements or content on our Website are simply our opinion and thus are not guarantees or promises for actual outcomes. No guarantees are made that you will achieve any results from the ideas or models presented on our Website, and we offer no professional medical or psychological advice.

 

10.3. TESTIMONIALS

The personal experiences expressed in user Comments and testimonials on our website are not a guarantee of what you should expect to experience. Although This Creative Day and our affiliates, facilitators, companies and representatives accept all testimonials in good faith, the Company and its affiliates, facilitators, companies and representatives have not independently examined the specific personal results of any of our courses, coaching programs, workshops, retreats, teleclasses, audio and video participants, and therefore have not verified the any specific experiences, improvements, changes or quoted results. Results and experiences described in Comments may or may not be typical, your results or experiences may vary and there is the possibility that you will not experience any changes at all or achieve your personal goals. The changes that you make in your life as a result of our courses, coaching programs, workshops, retreats, teleclasses, audios and videos is totally up to you based on the factors stated in the Guarantees section above.

 

10.4. CONTENT

Occasionally there may be information on our Website or in our Services descriptions that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order. We undertake no obligation to update, amend or clarify information in the descriptions of our Services, including without limitation, pricing information, except as required by law. 

 

11. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Ohio, United States, without regard to its conflict of law provisions.

 

12. SEVERABILITY

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. For example, some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so some certain limitations described above may not be applicable.

 

If any provision or part-provision of these Terms are or becomes invalid, illegal, or unenforceable, the Terms shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or partial-provision shall be deemed deleted. Any modification to or deletion of a provision or partial-provision under this clause shall not affect the validity and enforceability of the remainder of the Terms.

 

13. CHANGES

We reserve the right to change, at our sole discretion, these Terms at any time without notice, and by using our Services or the Website you are agreeing to the Terms as they appear, whether or not you have read them. If you do not agree with these Terms, please do not use our Services or our Website.

 

It is your responsibility to check our Website periodically for changes and updates. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Services.

 

14. TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any Term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and accordingly we may deny you access to our Services (or any part thereof).

 

We may terminate or suspend your access to the Website immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. The obligations and liabilities of you and us incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

15. ENTIRE DOCUMENT

These Terms constitute the entire agreement between us regarding our Services and our Website, and supersede and replace any prior agreements we might have had between us regarding the same. These Terms shall not be modified, changed, altered or amended in any way except through a written amendment signed by authorized representatives of both parties. 

 

16. CONTACT

If you have any questions about these Terms, please contact us +1 (937) 844-9161 or complete and submit the form on our Contact page, including the specifics of your request.