Terms and Conditions
Here is the plain English version of the juicy bits of what you will read below:
- When you visit this site, by any URL associated with it, you are saying “Yes! TOTALLY!” to the terms and conditions.
- When you pay for stuff here, or through the linked Acuity scheduler, you’re paying through PayPal or Stripe. I never see your financials.
- Your address is never sold. We use an SSL. We use your addy because I like to send goodies to people, on occasion. SNAIL MAIL ROCKS!
- Don’t be an asshat: My stuff is mine. Your stuff you post is yours. If you use my stuff to do illegal or even unethical shenanigans, I reserve the right to send you away forever and tell my lawyer about you. You can’t charge people for stuff FaithCultureKiss Studio Voice & Acting™, LLC has created.
- I am not a lawyer. I’m not a CPA. I’m not a therapist. Business coaching isn’t a substitute for any of these things. Neither is life coaching. Or wine.
- I am also not a fortune teller. I can’t guarantee you’ll make gazillions of dollars off of what we talk about. But you knew that. Talk is the easy part, yeah?
- Payments/Refunds: For lessons and drop in business coaching sessions, you pay at the time of booking, and your payment reserves your time. If you bail, or have to cancel, you’ll need to book again for a new fee. HARSH? Maybe? Motivation for you to show the heck up? ABSOLUTELY.
- Payments/Refunds: For GROUP CLASSES and LIVE EVENTS There are no refunds. Please invest wisely and clear your calendar. If you can’t show up, I will miss you dearly. Just remember I used your fee to make the thing happen… so your moola is already doled out amongst the team.
- Emergencies will be handled on a case by case basis. (I’m not THAT much of a jerk!)
- In The SpeakEasy Cooperative? You can cancel your subscription at any time, but you won’t get refunded if your payment already went through for the month. Even if you miss it by a day. Although why would you? If you choose to cancel, you’ve communicated that you no longer wish to receive emails, be in the Slack or FB forums, or have access to the site, and will be removed upon cancellation.
- Also, regarding The SpeakEasy Cooperative: You can’t roll over Seshes. Your month begins the day you started your subscription, and if you’re on the Charter Member Private Table or VIP Room level, you’ll need to get in your monthly Sesh accordingly.
- Example: If you subscribed on the 14th of December, you need to get your sesh booked between the 14th of December and 14th of January. Then another Sesh between Jan 14 and Feb 14, etc. You can’t skip December/January and have a double long Sesh in Jan/Feb. If you skip, you skip.
- Why do I do this? 1. I want to. 2. Part of getting through your plan is dedicating yourself to the process. 3. If everyone did that, I would not have the resources to give you the best service and experience I have in me. 4. I like to see you.
- Also, also regarding The SpeakEasy Cooperative: By subscribing you agree to the “Rules of Engagement”, which is another way to say “Terms & Conditions.” If you steal someone’s idea, you are booted out and shamed forever and ever. If two people have the same idea at the same time, talk it through, and be grown-ups. There is enough for everyone! YAY!
- One more SECO thing: You can’t take stuff created in The SpeakEasy Cooperative and post it outside of the group. No video, screenshots, recordings of any kind can leave the group, without prior complete and expressed permission from all parties involved, and faithculturekiss, LLC.
- LIVE EVENTS (like voice lessons, workshops, conferences, etc.): You come at your own risk. If you fall, or get lost, or eat your way through the local ice cream shop, that is on you. You agree to release all liability from FaithCultureKiss Studio Voice & Acting™, LLC and the peeps involved with it, and the location which it’s held. You agree not to sue us. You agree to take care of your own self.
- You should read through the boring but juicy bits below. It’s THEE way to make all the unicorns happy.
By visiting any page on faithculturekiss.com, thespeakeasycoop.com, or michellemarkwartdeveaux.com, or thespeakeasycooperative.slack.com, you are consenting to our terms & conditions.
This website is operated by FaithCultureKiss Studio Voice & Acting™, LLC. Throughout the site, the terms “I”, “we”, “us” and “our” refer to FaithCultureKiss Studio Voice & Acting™, LLC. FaithCultureKiss Studio Voice & Acting™, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our site is hosted on WordPress, using Restrict Content Pro, and Ultimate Member. They provide us with the online platform that allows us to tell you about our products and services to you. We use PayPal and Stripe as payment gateways.
SECTION 1 – ONLINE STORE and SUBSCRIPTION TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
For more detail, please review our Returns Policy, below.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product 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 in the Service or on any related website 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 Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FaithCultureKiss Studio Voice & Acting™, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products or attending of events procured using the service, or for any other claim related in any way to your use of the service or any product or attending of events, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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.
Clients agree to indemnify, defend and hold the author, instructor and/or professional teacher harmless from any and all liability, loss, damages, injury, claim and expense, including reasonable attorney’s fees, related to your violation of this the content expressed herein.
Client hereby releases, waives, discharge and covenant not to sue the instructor, author of this document, professional teacher, officers, agents, heirs, personal representatives and /or other entities of any relating to the contents herein. Client hereby assumes full responsibility for any risk of personal, bodily, injury, property, damage, and/or otherwise designated potential Cause of Action. I have read the contents set forth herein and fully understand and comply its terms and conditions. I am aware and knowledgeable that by signing this document I am executing a contract subject to being governed in accordance and pursuant to the Laws of State of California. This is includes all events to be held at a third party location, regardless of city, county, state or nation.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless FaithCultureKiss Studio Voice & Acting™, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also 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/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of CA, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS and MATERIALS YOU SUBMIT
FaithCultureKiss Studio Voice & Acting™, LLC does not and will not claim ownership of any materials you submit to the Site. The act of posting Material to the site conveys an irrevocable, worldwide license to Us to use and distribute the posted Material in connection with FaithCultureKiss Studio Voice & Acting™, LLC’s website and any related publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material, you agree to hold FaithCultureKiss Studio Voice & Acting™, LLC, harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
You will not upload, post or otherwise make available on the Site any artwork, videos, photos, audio files, or other materials or content (collectively “Materials”), that it protected by copywriter, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark or other proprietary rights. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify FaithCultureKiss Studio Voice & Acting™, LLC from any claim resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
FaithCultureKiss Studio Voice & Acting™, LLC reserves the right to remove from the site, or SECO SLACK, any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
SECTION 21 – INTELLECTUAL PROPERTY OF FAITHCULTUREKISS STUDIO FOR VOICE & ACTING, LLC.
All content provided on the Site and in the Service, including all products and all online class and live workshop materials, and information in SLACK, are the intellectual property of FaithCultureKiss Studio Voice & Acting™, LLC. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
SECTION 22 – Refund & Returns Policy
Thank you for shopping and/or subscribing at FaithCultureKiss Studio Voice & Acting™, LLC.
Please read this policy carefully. This is the Return and Refund Policy of FaithCultureKiss Studio Voice & Acting™, LLC. This Return and Refund Policy is licensed by TermsFeed Generator to FaithCultureKiss Studio Voice & Acting™, LLC.
Digital Products & Services
All Sales are Final. We do not issue refunds for digital products once the order is confirmed and the product is sent. We recommend contacting us for assistance if you experience any issues receiving or downloading our products. There are no refunds for the auto renew after the subscription for The SpeakEasy Cooperative has been paid for the current month. You may change your subscription level for the following month through PayPal, or the member only portal provided here in The Site.
All fees associated with booking private sessions and lessons are non-refundable.
There is a 30 day cancellation notice policy for all voice lesson packages, please see your individual vocal agreement.
Membership Cancellation: There is a 30 day notice for cancellation of your membership to The SpeakEasy Cooperative. Please contact email@example.com should you wish to cancel. You will immediately be removed from the Facebook Group and Slack Team. You may rejoin at any time, at the current rate offered.
All Sales are Final. We do not issue refunds for LIVE EVENTS or GROUP CLASSES once the order is confirmed. We recommend contacting us for assistance if you experience any issues receiving or downloading our products.
SECTION 23 – Contact us
If you have any questions about our Returns and Refunds Policy, please contact us:
By email: firstname.lastname@example.org