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Terms & Conditions 

y enrolling in and accessing this course (the "Course") offered by Whimsy School for Creators, owned by Kara Harms ("Provider"), you ("you" or "Enrollee") agree to be bound by the following terms and conditions. Please read these terms carefully.

1. Grant of License:

Upon payment of the applicable fee, you are granted a non-exclusive, non-transferable, and revocable license to access and use the Course content solely for your personal, educational purposes.

2. Intellectual Property Rights:

All content included in the Course, such as videos, audio recordings, text materials, worksheets, templates, and any other materials (collectively, the "Course Materials"), are owned by Kara Harms and Whimsy School for Creators and are protected by copyright, trademark, and other intellectual property laws.

3. Restrictions on Use:

You are strictly prohibited from the following:

  • Sharing: Sharing, distributing, lending, or providing access to the Course or any Course Materials to any third party, whether for free or for payment. This includes sharing login credentials, uploading Course Materials to shared drives or websites, or any other method of unauthorized dissemination.
  • Reselling or Commercial Use: Selling, reselling, licensing, sublicensing, or otherwise commercially exploiting the Course or any Course Materials in any manner whatsoever. This includes offering the Course or any substantial portion of it as part of another product or service.
  • Reproduction and Modification: Reproducing, duplicating, copying, modifying, adapting, creating derivative works from, or publicly displaying the Course or any Course Materials, except for your personal, non-commercial study.
  • Circumventing Security: Attempting to or circumventing any security measures or technological protections implemented by Whimsy School for Creators to prevent unauthorized access or use of the Course or Course Materials.

4. Consequences of Unauthorized Use:

Kara Harms and Whimsy School for Creators take their intellectual property rights very seriously. Any unauthorized sharing, distribution, reproduction, or commercial exploitation of the Course or Course Materials constitutes a material breach of these Terms and Conditions and a violation of applicable intellectual property laws.

In the event of any unauthorized sharing, distribution, reproduction, or commercial exploitation of the Course or Course Materials by you, Whimsy School for Creators and Kara Harms reserve the right to pursue all available legal remedies, including, but not limited to:

  • Immediate termination of your access to the Course without refund.
  • Seeking injunctive relief to prevent further unauthorized use.
  • Initiating legal action to recover monetary damages, including actual damages, lost profits, statutory damages, and attorneys' fees.

5. Your Responsibilities:

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree  to notify Whimsy School for Creators immediately of any unauthorized access to or use of your account.   

 6. Disclaimer of Warranties:

The Course is provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including but not limited to warranties of  merchantability, fitness for a particular purpose,  and non-infringement. Kara Harms and Whimsy School for Creators do not guarantee any specific outcomes or results from your participation in the Course.  

 

7. Limitation of Liability:

To the maximum extent permitted by law, Kara Harms and Whimsy School for Creators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to  your enrollment in or use of the Course.   

8. Governing Law and Dispute Resolution:

These Terms and Conditions shall be governed by and construed in accordance with the laws of the  State of California, without regard to its conflict of law provisions. Any dispute arising out of or  relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the state and federal courts located in  San Francisco, California.  

 

9. Entire Agreement:

These Terms and Conditions constitute the entire agreement between you and Kara Harms and Whimsy School for Creators with respect to the Course and supersede all prior or contemporaneous communications and proposals, whether oral or written.    

 

10. Modifications:

Kara Harms and Whimsy School for Creators reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the  Whimsy School for Creators website or otherwise communicating them to you. Your continued enrollment in or use of the Course after any such changes constitutes your acceptance of the revised Terms and Conditions.   

 

By proceeding with your purchase and accessing the Course, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.