Terms of Service
Effective date: August 1, 2023
The terms “we”, “us”, and “our” refer to Nina Rycroft Limited (“Company”).
The term “Site” refers to www.ninarycroft.com
The term “user,” “customer,” “you,” and “your” refers to visitors, users, and customers of the Sites and/or Services.
On this site, we provide information, products, and services related to the subject matter of children’s picture book illustration and we offer various products and services, including, but not limited to children's picture book illustration, the Picture Book Illustration e-Course, Animal Character Design Masterclass, and The Treehouse Membership (collectively, “Services”)
By using our Site and /or Services, whether made available for purchase or not, you are agreeing to the following Terms of Services. You should not use our Sites or Services if you do not agree with the terms and conditions contained in this Agreement.
- USE OF THE SITES AND SERVICES
To access or use the Sites and/or Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites and/or Services.
- LAWFUL PURPOSE
You may use the Site and/or Services for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Sites and/or Services and to purchase our Services for legitimate purposes only. You shall not post or transmit through the Site and/ or Services any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contain injurious formulas, recipes, or instructions which encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
- ACCOUNT CREATION
In order to use the Site and/or Services, you may be required to provide information about yourself including your name, email, address, username, password, and/or other personal information you provide on the Sites or to the Company will always be accurate, correct and up to date. You much not impersonate someone else or provide account information or an email address other than your own.
When you register with the Company (For example, by creating an account, registering to receive emails, or purchasing our Services), you expressly consent to receive any notices, announcements, agreements, disclosure, reports, documents, or communications concerning new products or services, or other records or correspondence from the Company and you consent to receive notices electronically by way of transmitting the notice to you by email.
- REFUSAL OF SERVICES
We reserve the right to refuse access to the Site and/or Services to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and /or Service, without refund (if applicable) or liability, if you violate these Terms of Services or other Agreements governing your use of the Site and/or Services.
- THE TREEHOUSE MEMBERSHIP
The following applied if you purchase or access the Treehouse Membership.
Access: The Treehouse Membership is an online subscription service. The membership is for your own personal use, not for agencies or companies. You agree not to share access to or the contents of the Membership with anyone who is not a customer of record with the Company. In order to use the Membership, you will be required to create an account by providing information about yourself including your name, email address, username, password, and other personal information. Your access to the Membership may be revoked, without refund, for failure to abide by their Terms of Services or for failure to make timely and full payments to the Company for your purchase of the Membership.
Payment Policy: You agree to make timely and full payments to the Company for the Membership (regardless of whether you select to pay for the Membership monthly or annually). You authorize the Company to automatically charge the credit card on file for any and all Membership balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may remove you from the Membership with liability or refund.
Refund Policy: Refunds for your purchase of the Membership are not available. Cancellations Policy: Your Membership can be canceled at any time by logging into your private membership portal. If you wish to cancel, you must do so before your next billing date which will be the same day each month (if the monthly plan was selected) or the same day each year (if the annual plan was selected). Please make note of the day of the month (or year) that your membership renews. Refunds are not available once the payment has been processed. Membership pricing is locked in at the time of enrollment. If you cancel your Membership and return in the future, the fees will be subject to the price of the Membership at the time of the purchase.
PICTURE BOOK ILLUSTRATION E-COURSE (PBIC): ACCESS, PAYMENT POLICY, AND REFUND POLICY.
In addition to the terms set forth herein, the following terms apply if you purchase or access the Picture Book Illustration e-Course (PBIC):
Access: The Picture Book Illustration e-Course (“Course”) is a digital product, which includes, but not limited, to course content, written content, recorded video, Live and pre-recorded calls, and discussions in Course related forums (collectively, “Materials”). The Course is for your own personal use, not for agencies or companies. You agree not to share access to or the contents of the Course with anyone who is not a customer of record with the Company. In order to use the Course, you will be required to create an account by providing information about yourself including your name, email address, username and password, and other personal information. Your access to the Course may be revoked, without refund, for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Course.
Payment Policy: At the time of purchase, you will have the option of selecting between payment plans or a pay-in-full option. Regardless of whether you select a payment plan or a pay-in-full option, you agree to make timely and full payments to the Company for the Course. If you choose the payment plan, your first payment will be made the day you enroll, with the following payments automatically made on the same day of the month for the following months. The full amount of the Course is due to the Company even if you choose not to or are unable to complete the Course. You authorize the Company to automatically charge the credit card on file for any and all Course balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may remove you from the Course with liability or refund. Your removal from the Course due to your failure to pay the requisite Course fee does not excuse you from your obligation to pay the amounts owed in full.
Refund Policy: Within fourteen (14) calendar days of the Course Start Date, you may request a full refund by contacting us at [email protected]. The Course Start Date is the first day you are given access to Lesson 1 of the Course. Requests for refunds will not be honored before the Course Start Date or (14) calendar days of the Course Start Date. If a request for a refund is denied, any outstanding balance owed to the Company for the Course must be paid in full. If a refund is approved, the refund will be credited back to the original method of payment. Please note refunds may take 2-3 weeks to process and show on your account due to varying processing times between payment providers.
7. CUSTOMER FEEDBACK
You agree the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in forums, social media, coaching calls, or otherwise, for the purpose of marketing or promoting its Sites and Services.
You agree that the Company may use any images, audio, recordings, or video recordings of you obtained while enrolled in the Course or Membership or while engaged with us on our Site or on social media. You waive any right to payment, royalties, or any other considerations for the use of such images, audio recordings, or video recordings. You wave the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, and your estates have or may have by reason of this authorization.
9. NO CONFIDENTIALITY
You understand that given the group format of the Course and Membership, the information provided or shared with the Company or other participants, whether in the form of comments, discussions in forums, social media comments, coaching calls, webcasts, or otherwise are not confidential.
10. PARTICIPANTS CONDUCT
You agree to conduct yourself in a dignified and professional manner and will not engage in any activity that is detrimental to the health, safety, and welfare of other Membership and/or Course participants, customers, or community members. You acknowledge and agree that the Company reserves the right to remove you from the Membership and/or Course, the Site, or group forums, without reimbursement or liability, if the Company, in its sole discretion, determines that your behavior creates a disruption or hinders the enjoyment, safety or well-being of other participants.
11. NO GUARANTEES OF RESULTS
The company may share the successful results of its users or customers on the Sites and/or Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, profit, marketing performance, audience growth, publishing, contracts, or results of any kind. By accessing the Sites and/or using our Services, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing your future earnings, profit, marketing performance, audience growth, publishing, contracts or results of any kind. The company does not guarantee that you will get any results using any of our ideas, tools, strategies, or recommendations, and nothing in our Site and Services is a promise or guarantee to you of such results.
YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. ANY SERVICE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SITES AND SERVICES IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY COMPANY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULT OF USE, OF ANY SITE AND SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO SITES AND SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE AND SERVICES, OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN ANY CONTENT ON THE SITES AND SERVICES.
12. LIFETIME ACCESS
Any indication that you will have lifetime access to our Service is for the lifetime of that Service. If for any reason, the Company should dissolve, cease to exist, or otherwise retire Services, then your access to that Service will terminate, without refund or liability on Company’s behalf.
13. INTELLECTUAL PROPERTY
All trade names, trademarks, images, and biographical information of people used on the Sites and/or Services, including without limitation the Company’s name, are either the property of or used with permission by the Company. Their use by you is strictly prohibited unless specifically permitted by these Terms of Services or by prior written permission from the Company. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
The company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site and /or Services in any way, you may notify the Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or violation, and any other information you believe is relevant.
14. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDORS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL EXEMPLERY, OR OTHER DAMAGESM INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTHIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR COMPANY WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWIDE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE USE OF THE SITES OR SERVICES IT PROVIDES.
15. THIRD-PARTY WEBSITE AND RESOURCES
The Site and Services contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources that do not imply any endorsement by or affiliation with Sites and/or Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such website or resources.
16. EFFECT OF HEADING
The subject heading of the paragraphs of the Terms of Services are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and the Company with respect to the Sites and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Sites and/or Services
18. CHANGED TERMS
We reserve the right to update any portion of our Sites and/or Services, including these Terms of Services at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Sites
If you have any questions, concerns, or complaints about these Terms of Service, please contact us:
- By email: [email protected]