Website Terms and Conditions of Use
Last Updated on: 06/11/2024
By using this website as a user (“You”), You agree to the following Terms
and Conditions of Use and Privacy Policy. Please read them carefully before
using this website.
General Provisions
This website is owned and operated by Shipwrecked Creative LLC(hereafter
“Our”, “We” or “Company”). Our principal place of business is located at
10317 US Hwy 250 N, Milan, OH 44846
Use of this website is at Your own risk. We host this site on a reputable
platform and take reasonable efforts to maintain and host the site. However,
We make no explicit representations or warranties as to the safety or Your
individual use of the website. The Terms and Conditions of Use contained on
this page is subject to change at any time.
Age Requirements
You must be of legal age of majority in Your place of residence to be able to
form legally binding contracts under applicable law to use Our website and to
hire us for our services. Anyone who does not meet these criteria is
unauthorized, unlicensed and in violation of these Terms and Conditions. By
using this site, You represent and warrant that You can form a legally binding
contract under applicable law and are of legal age of majority where you
reside, and that you agree to abide by all of the terms and conditions of these
Terms and Conditions.
Intellectual Property Notice
All text, photographs, graphics, designs, and other materials on this site are
subject to the copyrights and other intellectual property rights of
Shipwrecked Creative LLC and are protected by United States Copyright
Laws (USC Title 17). Website materials may not be copied for any reason,
including your personal use, commercial use, or distribution, nor may these
materials be modified or reposted to other sites, without the prior express
written permission of Company. We may prosecute You to the fullest extent
permissible should We choose to do so, including asking for financial
penalties (damages) and/or an injunction forcing You to stop using Our
intellectual property immediately.
Digital Products
By purchasing any product from Shipwrecked Creative LLC on this website,
you are granted one revocable, worldwide, non-exclusive license to the
product(s) you have purchased. If you violate this license by giving or selling
a copy of our product(s) to anyone, We reserve the right to invoice you for
the licenses you have gifted to others and revoke your access to our products
permanently.
Your Communications
Any communications made through Our blog, blog comments, newsletter
sign-up or other related pages, or directly to Our phones or mailing or email
addresses is not held privileged or confidential and is subject to viewing and
distribution by third-parties. We own any and all communications displayed
on Our website, servers, comments, emails or other media as allowed by
United States law and will not give credit or pay royalties for unsolicited
user-generated content such as blog comments or emails. For more
information on when and how We store and use Your communications or any
data provided by You in those communications, please refer to Our Privacy
Policy on this page.
We maintain a right to republish any submission in whole or in part as
reasonably necessary in the course of Our business. You agree not to submit
any content or communications that could be illegal or serve an unlawful
purpose, including, but not limited to communications that are potentially
libelous or maliciously false, obscene, abusive, negligent or otherwise
harmful or inappropriate.
Disclaimers
You agree to indemnify and hold harmless Our website and company for any
direct or indirect loss or conduct incurred as a result of Your use of Our
website and any related communications, including as a result of any
consequences incurred from technological failures such as a payment
processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this
website, You understand and acknowledge that We make no guarantee as to
the accuracy of third-party statements contained herein or the likelihood of
success for You as a result of these statements or any other statements
anywhere on this website. If You have medical, legal or financial questions,
You should consult a medical professional, lawyer or CPA and/or CFP
respectively. We expressly disclaim any and all responsibility for any actions
or omissions You choose to make as a result of using this website, related
materials, products, courses or the materials contained herein.
While Company may offer discounts or offers at various times, these
discounts or offers may be terminated or amended at any time without
explanation or warning. Sales, discounts, and offers will not be retroactively
applied to past purchases.
This website is updated on a regular basis and while We try to make accurate
statements in a timely and effective manner, We cannot guarantee that all
materials and related media contained herein are entirely accurate, complete
or up to date. You expressly acknowledge and understand that any
information or knowledge You gain as a result of using this website is used at
Your own risk. If You should see any errors or omissions and would like to
let us know, please email us at info@shipwreckedcreative.com
Advertisements
We do not necessarily endorse or recommend any of the goods or services
advertised on or through our websites. We do not necessarily endorse or
recommend any affiliates using our services.
Earnings Disclaimer
Company makes no income/financial claims, nor guarantees of any kind
regarding the potential income that can be generated through Our website,
communications, or Your participation in the purchase of any of Our
products. Past results presented on the website are not an indication or
promise of Your results. There is no guarantee You will earn any money
using any of Our materials, and Your revenue is dependent solely on you and
your actions or non-actions.
Affiliates
This site may use affiliate links/codes to sell certain products or services. We
disclaim any and all liability as a result of Your purchase through one of these
links/codes. We will use reasonable efforts to notify You when and where We
have placed affiliate links/codes in addition to this disclaimer located in these
Terms & Conditions. You accept express liability for any and all
consequences or benefits of clicking the affiliate links or using any affiliate
codes contained on this website or related communications.
Termination
If at any time Company feels You have violated these Terms and Conditions,
Company shall immediately terminate Your use of Our website and any
related communications as We deem appropriate. It is within Company’s sole
discretion to allow any user’s access of Our website, and We may revoke this
access at any time without notice, and if necessary, block Your IP address
from further visits to Our site(s).
Entire Agreement
The information contained herein constitutes the entire agreement between
site users and Our company relating to the use of this website.
Severability & No Waiver
If any part of these Terms and Conditions of Use is deemed unlawful and/or
unenforceable, all other provisions contained herein will remain in full force
and effect. Any failure by Company to enforce a provision of this Terms and
Conditions of Use shall not constitute a waiver of any other portion or
provision of this Terms and Conditions.
Headings
Headings and titles are provided in this Terms and Conditions of Use for
convenience only and will not be construed as part of the legal terms.
Venue & Jurisdiction
This Terms and Conditions of Use and Our Privacy Policy shall be governed
by and construed in accordance with the laws of the State of Ohio including
all matters of construction, validity, performance, and enforcement and
without giving effect to the principles of conflict of laws. You agree that any
dispute or lawsuit arising out of, or concerning, this Agreement that is not
first resolved by arbitration shall be resolved exclusively in a federal or state
court of competent jurisdiction located in Erie County Ohio. You and
Company assume responsibility for their own collection costs and legal fees
incurred should enforcement of these conditions should it become necessary.
Arbitration
Any and all disputes or disagreements rising between Company and You out
of this Terms and Conditions of Use upon which an amicable understanding
cannot be reached, shall be decided by arbitration in accordance with the
procedural rules of the American Arbitration Association. Company and You
agree to be bound by the decision of the arbitrator(s). The arbitration
proceeding shall take place in Erie County Ohio. The cost and expenses of
the arbitrators shall be shared equally by the parties. Each party shall be
responsible for its own costs and expenses in presenting the dispute for
arbitration.
Questions
If You require any more information or have any questions about these Terms
and Conditions of Use or Our Privacy Policy, please feel free to contact us by
email at info@shipwreckedcreative.com
Privacy Policy
Last Updated on: 06/11/2024
By using this website as a user (hereafter “You”), You agree to the following
Privacy Policy. Please read this policy carefully before using this website.
This website is owned and operated by a Ohio company (hereafter “Our”,
“We”, or “Company”). Our principal place of business is located in Milan,
Ohip Our mailing address is: 10317 US Hwy 250 N, Milan, OH 44846
For any privacy-related questions, you can reach us at
info@shipwreckedcreative.com
General
We at Shipwrecked Creative respect Your privacy. This Privacy Policy is
designed to explain how We collect, use, share, and protect the personal
information You provide to us when You access Our website, purchase Our
goods or services, or engage with us on social media, as well as Your own
rights to the information We collect.
Please read this Privacy Policy carefully. We will alert You to any changes to
this Policy by changing the “last updated” date at the top of this Policy. Any
changes become effective immediately upon publication on Our website, and
You waive specific notice of any changes to the Policy by continuing to use
and access Our site(s). We encourage You to review this Privacy Policy
periodically when You use Our website for any purpose or engage with us on
social media. You are deemed to have accepted any changes to any revised
Privacy Policy by Your continued use of Our website after the revised
Privacy Policy is posted.
Information Collected
We collect a variety of information from You when You visit Our website,
make purchases, or interact with us on social media. By accepting this
Privacy Policy, You are specifically consenting to Our collection of the data
described below, to Our use of the data, to the processing of this data, and to
Our sharing of the data with third-party processors as needed for Our
legitimate business interests The information We collect may include:
Personal Data: Personal Data is information that can be used to identify You
specifically, including Your name, shipping address, email address, telephone
number or demographic information like Your age, gender, or hometown.
You consent to give us this information by providing it to us voluntarily on
Our website or any mobile application. You provide some of this information
when You register with or make purchases from Our website. You may also
provide this information by participating in various activities associated with
Our site, including responding to blogs, contacting us with questions, or
participating in group training. Your decision to disclose this data is entirely
voluntary. You are under no obligation to provide this information, but Your
refusal may prevent You from accessing certain benefits from Our website or
from making purchases.
Derivative Data: Derivative data is information that Our servers
automatically collect about You when You access Our website, such as Your
IP address, browser type, the dates and times that You access Our website,
and the specific pages You view. If You are using a mobile application, Our
servers may collect information about Your device name and type, Your
phone number, Your country of origin, and other interactions with Our
application.
Financial Data: Financial data is data that is related to Your payment
methods, such as credit card or bank transfer details. We collect financial data
in order to allow You to purchase, order, return or exchange products or
services from Our website and any related mobile apps. We store limited
financial data. Most financial data are transferred to Our payment processor
and You should review these processors’ Privacy Policy to determine how
they use, disclose and protect Your financial data.
Social Networking Data: We may access personal information from social
networking sites and apps, including Facebook, Instagram, TikTok, LinkedIn,
Twitter, Snapchat or other social networking sites or apps not named
specifically here, which may include Your name, Your social network
username, location, email address, age, gender, profile picture, and any other
public information. If You do not want us to access this information, please
go to the specific social networking site and change Your privacy settings.
Mobile Device Data: If You use Our website via a mobile device or app, We
may collect information about Your mobile device, including device ID,
model and manufacturer, and location information.
Other Data: On occasion, You may give us additional data in order to enter
into a contest or giveaway or to participate in a survey. You will be prompted
for this information and it will be clear that You are offering this kind of
information in exchange for an entry into such a contest or giveaway.
Use of Information
Your information allows us to offer You certain products and services,
including the use of Our website, to fulfill Our obligations to You, to
customize Your interaction with Our company and Our website, and to allow
us to suggest other products and services We think might interest You. We
generally store Your data and transmit it to a third-party for processing.
However, to the extent We process Your data, We do so to serve Our
legitimate business interests (such as providing You with the opportunity to
purchase Our goods or services and interact with Our website).
Specifically, We may use the information and data described above to:
1. Create and administer Your account;
2. Deliver any products or services purchased by You to You;
3. Correspond with You;
4. Process payments or refunds;
5. Contact You about new offerings that We think You will be interested
in;
6. Interact with You via social media;
7. Send You a newsletter or other updates about Our company or
website;
8. Deliver targeted advertising;
9. Request feedback from You;
10. Notify You of updates to Our product and service offerings;
11. Resolve disputes and troubleshoot any problems;
12. Administer contests or giveaways;
13. Generate a profile that is personalized to You, so that future
interactions with Our website will be more personal;
14. Compile anonymous statistical data for Our own use or for a
third-party’s use;
15. Assist law enforcement as necessary;
16. Prevent fraudulent activity on Our website or mobile app; and
17. Analyze trends to improve Our website and offerings.
Disclosure of Information
We may share Your information with third-parties in certain situations. In
particular, We may share Your data with third-party processors as needed to
serve Our legitimate business interests, which include administration of Our
website, administration of Your account, entering into contracts with You,
communicating with You, taking orders for goods or services, delivering Our
goods and services, identifying trends, protecting the security of Our
company and website, and marketing additional goods and services to You.
The legal basis for Our disclosure of Your data is both Your Consent to this
Privacy Policy and Our own right to protect and promote Our legitimate
business interests.
The following are specific reasons why We may share Your information.
Third-Party Processing: We may disclose Your information to third-parties
who assist us with various tasks, including payment processing, hosting
services, email delivery and customer service. For more information, see the
“Other Third-Parties” Section below.
By Law: We may share Your data as required by law or to respond to legal
process, including a subpoena, or as necessary to protect the rights, property,
and safety of others. This includes sharing information with other parties to
prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use Your information to protect Our
company, including to investigate and remedy any violations of Our rights or
policies. We may also disclose Your information as reasonably necessary to
acquire and maintain insurance coverage, manage risks, obtain financial or
legal advice, or to exercise or defend against legal claims.
Affiliates: We may share Your personal information with Our business
affiliates who promote Our product(s) or service(s) for a commission fee. We
require Our affiliates to honor this Privacy Policy. They are not allowed to
spam You and must disclose they are an affiliate for us. If they do not do so,
they are in violation of their affiliate terms and this Privacy Policy, and any
violation of this nature should be reported to info@shipwreckedcreative.com
Advertisers: We may use third-party advertising companies to run and
manage Our ads to produce ads that appear when You visit Our Website or
mobile app. These companies may use information about Your visit to Our
website and other websites that are contained in web cookies (as described
below) to offer You personalized advertisements about goods and services
that might interest You. We cannot control the activities of, such other
advertisers or websites. You should consult the respective Privacy Policies of
these third-party advertisers for more detailed information on their practices
as well as for instructions about how to opt-out of certain practices.
Other Third-Parties: We may share information with advertisers, Our
investors, or other third-parties for the purpose of conducting general
business analysis. If We do so, We will make reasonable efforts to inform
You if required by law.
Sale or Bankruptcy: In the event that Our company is sold, goes out of
business or enters bankruptcy, Your information may be an asset that is
transferred to a third-party successor. Such a successor is not bound by Our
Privacy Policy and may have its own. You will be notified in the event Our
Company is sold, goes out of business or enters bankruptcy.
Interaction with Others: If You interact with others on Our website or mobile
app, such as participating in a group chat or a group online course, other
users may have access to some of Your data, including Your name, profile
picture, and Your history of interaction with Our website, such as prior
comments or posts.
Online Postings: When You post online or provide other postings on the
website such as a product review, photograph, video, or other comments,
Your submissions and comments may be viewed by others, and We may
distribute Your submissions and comments outside the website.
External Links: Our website may include hyperlinks to other websites not
controlled by us. We suggest You exercise caution when clicking on a
hyperlink. Although We use reasonable care in including a hyperlink on Our
own web page, We do not regularly monitor the websites of these
third-parties, and are not responsible for any damage or consequences You
suffer by using these hyperlinks. We are not bound by the Privacy Policies of
any third-party website that You access by a hyperlink, nor are they bound by
ours. We encourage You to read the Policies of those third-party websites
before interacting with them or making purchases. They may collect different
information and use different methods than We do.
With Your Consent: We may disclose Your personal information for any other
purpose with Your consent.
Other Purposes: We may disclose Your personal data as necessary to protect
Your interests, or the vital interests of others or Our company.
Tracking Technologies
Cookies, Log Files and Web Beacons: Like many other websites, We make
use of log files. These files merely log visitors to the site – usually a standard
procedure for hosting companies and a part of hosting services’ analytics.
The information inside the log files includes internet protocol (IP) addresses,
browser type, Internet Service Provider (ISP), date/time stamp, referring/exit
pages, and possibly the number of clicks. This information is used to analyze
trends, administer the site, track users’ movement around the site, and gather
demographic information. IP addresses and other such information are not
linked to any information that is personally identifiable.
We also use cookies—small text files sent to us by Your computer—and web
beacons to store certain information. We may use cookies to authenticate
Your identity, to determine if You are logged onto Our website, for
personalization, for security, for targeted advertising, or for analysis of the
performance of Our website and services. For example, cookies allow us to
recommend blog posts to You based on what You have read on Our site in the
past. We use cookies that are not specific to Your account but unique enough
to allow us to analyze general trends and use and to customize Your
interaction with Our website.
Most browsers are set to accept cookies by default. In addition, when You
first encounter Our website, You will be asked to “consent to cookies.” If You
wish to disable cookies, You may do so through Your individual browser
options. However, this may affect Your ability to use or make purchases from
Our website. By continuing to use Our website and not disabling cookies on
Your browser, You are consenting to Our use of cookies in accordance with
the terms of this policy.
In addition, We may use third-party software to post advertisements on Our
website or mobile app to oversee marketing or email campaigns or manage
other company initiatives. This third-party software may use cookies or
similar tracking technology. We have no control over these third-parties or
their use of cookies. For more information on opting out of interest-based
ads, visit the Network Advertising Initiative Opt-Out Tool or Digital
Advertising Alliance Opt-Out Tool.
Website Analytics
We may partner with third-party analytic companies, including but not
limited to Google Analytics. The analytic companies may also use cookies or
other tracking technologies to analyze visitors’ use of Our website or mobile
app to determine the popularity of the content and better understand online
activity. We do not transfer personal information to these third-party vendors.
Processing Your Information
In most circumstances, We do not process Your information in-house but give
it to third-party processors for processing. For example, when PayPal takes
Your payment information, they are a third-party processor. They process
Your payment and remit the funds to Us.
We may, from time to time, process Your data internally. Our purposes in
processing this information is to administer, maintain, and improve Our
website and offerings, to enter into contracts with You, to fulfill the terms of
those contracts, to keep records of Our transactions and interactions, to be
able to provide You with goods and services, to comply with Our legal
obligations, to obtain professional advice, and to protect the rights and
interests of Our company, Our customers (including You), and any
third-parties. We may process the following data:
1. Data associated with Your account, such as Your name, address, email
address and payment information;
2. Data about Your usage of Our website, such as Your IP address,
geographical information, and how long You accessed Our website and
what You viewed;
3. Data related to Your personal profile, such as Your name, address,
profile picture, interests and hobbies, or employment details;
4. Data that You provide us in the course of using Our services;
5. Data that You post on Our website, such as comments or responses to
blogs;
6. Data that You submit to us when You make an inquiry regarding Our
website or offerings;
7. Data related to Your transactions with us, including Your purchase of
Our goods or services. This information may include contact details and
payment information;
8. Data that You provide to us when You subscribe to Our emails or
newsletters, including Your email address and contact information;
9. Data that You submit to us via correspondence, such as when You
email us with questions; and
10. Any other data identified in this policy, for the purpose of complying
with Our legal obligations, or to protect the vital interests of You or any
other natural person.
Data Retention
We retain personal data as long as it is needed to conduct Our legitimate
business purposes or to comply with Our legal obligations, or until You ask
Us to delete Your data. For example, We will retain certain personal
information indefinitely for the purposes of maintaining Your account, unless
and until You delete Your account. Data that We gather for a specific and
particular purpose, such as assisting law enforcement or analyzing trends,
will not be kept for longer than is necessary for that particular purpose. Data
that is no longer needed by us for any of the purposes listed above will be
permanently deleted.
You may request that We delete Your data at any time. However, note that We
cannot control the retention policies of third-parties. If You wish to have any
third-parties, including those to whom We’ve transmitted Your data, delete
that data, You will need to contact those third-parties directly. You may
request from us a list of all third parties to whom We have transmitted Your
data.
Minors
Our website is intended solely for users who can form legally binding
contracts under applicable law and are of legal age of majority in their place
of residence. By using the site, You represent and warrant that You can form
a legally binding contract under applicable law and are of legal age of
majority where You reside, and that You agree to abide by all of the terms
and conditions of this Privacy Policy. This website is not designed for use by
children under the age of 13, and We do not knowingly solicit personal data
from anyone under the age of 13. If You are under the age of 13, do not
access or use Our website or related products or services. If You become
aware that We have collected data of anyone under the age of 13, please
contact us so that We may delete that data.
Your Rights
You have certain rights with respect to Your personal data, as outlined within
this Privacy Policy. We may charge You a reasonable fee for actions that You
ask us to take with respect to Your data. We also reserve the right to request
that You provide us with evidence of Your identity before We take any action
with respect to the exercise of Your data rights. Further, Your rights may be
restricted or nullified to the extent they conflict with Our compelling business
interests, the public interest, or the law.
Update Account Information: You have the right to update or change any
information You have provided to us. To update or delete Your information,
please contact us at Info@shipwreckedcreative.com
Confirm Personal Data and Its Use: You have the right to request that We
confirm what data We hold about You, and for what purposes. You also have
the right to confirmation of whether We process Your data or deliver Your
data to third-party processors, and for what purposes. We will supply You
with copies of Your personal data unless doing so would affect the rights and
freedoms of others.
Change Consent: You have the right to change Your consent to Our use of
Your information. In such cases, We may require You to delete Your account
with us, as described above, and You may not have full access to Our
website.
Opt-Out of Communications: If you do not wish to receive marketing
communications from Us, you can unsubscribe via the link in an email You
have received.
Request a Copy of Data: You have the right to request a digital copy of the
data that We hold about You. Your first request for a copy of Your personal
data will be provided free of charge; subsequent requests will incur a
reasonable fee.
Transfer Your Data: You have the right to request that We gather and transfer
Your data to another controller, in a commonly used and machine-readable
format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that We delete all data that We
hold about You, and We must delete such data without undue delay. There are
exceptions to this right, such as when keeping Your data is required by law, is
necessary to exercise the right of freedom of expression and information, is
required for compliance with a legal obligation, or is necessary for the
exercise or defense of legal claims. Such a request may result in termination
of Your account with us and You may have limited or no use of Our website.
Marketing Communications: You may opt-out of receiving any third-party
marketing communications or having Your personal information used for
marketing purposes.
Processing: In some circumstances, You may restrict the processing of Your
data, such as when You contest the accuracy of Your data or when You have
objected to processing, pending the verification of that objection. When
processing has been restricted, We will continue to store Your data but will
not pass it on to third-party processors without Your consent, or as necessary
to comply with legal obligations or protect Your rights or those of others or
Our company. In addition, You may opt-out of any processing of Your data
altogether. Doing so may result in the termination of Your account and loss of
access to Our website.
Complaints: You have the right to complain to a supervising authority if You
believe We are misusing Your data or have violated any of Your rights under
this Privacy Policy or applicable law.
Newsletter and Marketing
You may volunteer certain information to Us that is used for email and
marketing purposes. This information includes, but is not limited to, Your
name and email. You can unsubscribe from any future communications via
email, but We reserve the right to maintain a database of past email
subscribers. We reserve the right to use this information as reasonably
necessary in Our business and as provided by law. Your information will be
shared with reasonably necessary parties for the ordinary course of
conducting Our business, such as through Facebook ads or other marketing
campaigns.
Data Breach Procedures
We take all reasonable steps to protect Your personal data and keep Your
information secure. We use recognized online secure payment systems and
implement generally accepted standards of security to protect against
personal data loss or misuse. However, no security measure is foolproof, and
no method of data transmission can be guaranteed against interception or
misuse. We cannot guarantee complete security of any information You
transmit to us.
By consenting to this Privacy Policy, You acknowledge that Your personal
data may be available, via the internet, around the world. We cannot prevent
the use or misuse of Your data by other parties.
In the unlikely event, customer data has been lost, stolen, or potentially
compromised, Our policy is to alert our customers via email no later than 72
hours of Our company becomes aware of the event. We will also report such
incidents to any required data protection authority. We will work closely with
any customers affected to determine the next steps such as any end-user
notifications, needed patches, and how to avoid any similar event in the
future.
Privacy Policy Changes
Although most changes are likely to be minor, We may change our Privacy
Policy from time to time, and at Our sole discretion.
Notice to California Residents
The California Privacy Protection Act and the California Business and
Professions Code require that We summarize Your privacy rights. Company
will provide You with the categories of personally identifiable information
that is collected through this website and the categories of third-party entities
with whom such personal information may be used at Your request.
California law allows You to control who We can and cannot share your
personal information with. To obtain any information You are entitled to
under California law, please send a request by email or through the contact
form on this website. There is no charge for requesting this information from
Company.
International Privacy and GDPR Disclaimer
This website’s servers are located within the United States. Thus, if you are
visiting this website from outside the United States, you agree that you are
sending information to the United States. If you are a member of the EU,
Your data is protected by appropriate safeguards, namely the EU-US Privacy
Shield and GDPR. By clicking submit to any opt-ins on this website, You
consent to the collection of your name and email and will receive
communications from Company. You have the right to object to the
processing of Your data at any time. Your information will not be shared with
any third-parties in the EU.