Terms and Conditions of Use
Content Pixie, s.p., online services (hereinafter: Terms and Conditions)
By visiting contentpixie.com (hereinafter: Site) you are consenting to our Terms and Conditions.
Use of this Site, including all materials presented herein and all online services provided by Content Pixie, s.p., including online courses, group coaching, and individual consultations (hereinafter: Service) is subject to these Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site.
We reserve the right to update and change these Terms at any time.
NOTICE: These Terms and Conditions are legally binding. It is Your responsibility to read these Terms and Conditions prior to the use of this Site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
ABOUT CONTENT PIXIE, s.p.
Company’s name: Content pixie, marketing, Anamarija Rok s.p.
Address: Tbilisijska ulica 59, 1000 Ljubljana
E-mail: [email protected]
Telephone number: 040 553 330
Tax number: 15242285
Register number: 8564647000
Date of entry in the Court Register: 19.12.2019
Bank account: SI56043100242321791
Content Pixie s.p. provides a website where users can learn about growing their business online, and purchase digital products including, but not limited to, photo presets, design templates, online courses, programs, and services.
USE OF THIS SITE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
TERMS OF THIS DIGITAL PRODUCT AND DIGITAL PRODUCT PURCHASER AGREEMENT
All programs, products, courses or services are owned and provided by Content Pixie s.p. (“Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of said program(s), product(s), course(s), or service(s) (hereinafter: Digital product). These Terms and Conditions of Use govern and define how you are allowed to use and access Content Pixie Digital products.
Your Digital product Use and Consent
When you purchased a digital product from us, you were given reasonable notice that these Terms and Conditions existed. By moving forward with your purchase of the Digital product and further access to the Digital Product, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms. You agree you are at least 18 years old or of legal age in your applicable jurisdiction to access the Digital product. Access to our Digital product(s) and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
Limited License. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Digital product, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Digital product, including any digital products purchased by you. Your purchase of any Digital product only entitles you to view that Digital product in accordance with the foregoing License, and is not a purchase of the software or content constituting or included in the Digital product. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Digital product(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Digital product for your individual use, provided that you keep intact all copyright and other proprietary notices.
The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
We reserve the right to terminate your access to the Digital product at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to Violate the Terms, we will terminate your access to the Digital product with no refund of fees.
Fees and Refunds
Fees. Fees for Digital products are set forth on the Website. We reserve the right to change Digital product Fees at any time.
VAT: VAT is calculated based on the country of residence of the user.
EU: Refunds. According to the EU law (specifically Directive 2011/83/EU), the consumer does not have the right to withdraw from a contract for the supply of digital content which is not supplied on a tangible medium. If you aren’t satisfied with your purchase please don’t hesitate to contact us at [email protected], so we can find a suitable solution.
US, AUS, ASIA: Refunds. We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the Digital product. We offer a 14-day refund period for purchases of Digital products. However, in order to qualify for a refund, you must submit proof (as detailed below) that you did the work in the digital product and it did not work for you.
In the event that you decide your purchase was not the right decision for you or your business, within 14 days of enrollment, contact our support team at [email protected]
We will NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Recurring Payments. If you have signed up for a payment plan (i.e. monthly memberships or divided courses), you hereby authorize our continued access to your financial information stored by our third-party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout.
Chargebacks. You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses, or other materials afforded to you in exchange for your original purchase of our Digital product. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.
You have the unilateral right to terminate your use and access to any of our Digital product(s). Please send an email to [email protected] to initiate this process. Termination will not excuse you from further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable.
All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks, and service marks are owned by and the property of Content Pixie, s.p. or the properly attributed party. It is a violation of law to use any of our intellectual property in whole or in part, and modification of any materials contained or provided in the Digital product is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
Access the Digital product for your individual use (if additional members of your team need to access the Digital Product, you must purchase additional Digital products at one per each team member);
Download and/or print any Digital product materials for your individual use in your business (if additional members of your team need to download and/or print any materials from the Digital product, you must purchase additional Digital products at one per each team member);
Use our trademarks and copyrighted materials with our prior written consent and proper credit and marking, namely, citing ©Content Pixie as the source of the materials and marking any trademarks with ™.
You may not:
Re-sell or trade your access to the Digital product;
Share the Digital product with anyone else who has not yet purchased it or opted to receive it;
Reprint any portion of the Digital Product, except as set forth above and for your own individual use;
Republish any of the Digital product, in part or in whole;
Distribute any of the materials contained in the Digital product or related materials and/or communications as your own;
Reproduce and alter any part or whole of the Digital product for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, tag-lines or other unique source identifiers; or trade dress including the look and feel of the Digital product (and its related communications and materials);
Use our Digital product or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
Request for Permission to Use Content. If you wish to use, publish or refer to any of our content, Digital product(s), or related materials, you must do so by requesting permission prior to commencing use of the same by emailing us at [email protected] Permission is not granted until you receive such permission in writing.
Civil and Criminal Penalties. Even though our Digital products are not physical property, you can be charged with theft or face other civil or criminal penalties if you copy, steal, infringe, or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Ljubljana by opting into or purchasing any Digital product or accessing its related communications and/or materials.
Your Materials and Contributions. By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Digital product and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part if you give us your permission to do so. You have no right to privacy by accessing our Digital product(s) or related materials, and we reserve the right to disclose your participation in the same.
It is prohibited to send, publish or distribute any materials and contributions that you are not the owner of. You are forbidden to post offensive, inaccurate, indecent, or harassing material. In case you do so, Content Pixie has the right to terminate your access to the Site and the Digital product (as described under License(s) section of these Terms).
Model Release. You must own the copyright to any image(s) you use on our site, online programs, or related materials. You grant us a commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile images you voluntarily provide in accessing the digital products and services, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
Notification of Use. If we decide to use in our own publications photographs or other images that you submit to us by default or voluntarily, we will notify you beforehand.
Security and Assumption of Risk
Security. It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, WooComerce, or Paypal. By utilizing these payment processors to gain access to the Digital Product, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
Assumption of Risk. By accessing our Digital product(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.
General Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Digital product(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however, and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if we are, during the terms of this Digital product and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Digital product. This Digital product is for educational and entertainment purposes only. None of the Digital product or its related material(s) should be construed as medical, legal, financial advice.
Earnings Disclaimer. While we may reference certain results, outcomes, or situations on this website or its related communications, 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. You agree that you understand that individual outcomes will vary. We cannot guarantee your success merely upon access, purchase, or completion of our Digital product(s) or services. Any results you see are not guaranteed or typical.
Third-Party Disclaimer. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Digital product(s), including you.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, COURSES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, SERVICES, COURSES, OR PROGRAM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
Technology Disclaimer. We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Digital product(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third-party provider, such as but not limited to Kajabi, where we host our digital products.
Errors and Omissions. 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. If you should see any errors or omissions and would like to let us know, please notify us at [email protected]
Indemnification, Limitation of Liability, and Release of Claims
Indemnification. You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to our Digital product(s).
Limitation of Liability. Content Pixie, s.p. and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Digital product(s). We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access to our Digital product(s) and related material(s).
Dispute Resolution. You agree to notify the Company of any concerns or issues regarding the Digital product, and to give the Company an opportunity to resolve those concerns or issues. If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. If a civil cause of actions is filed by or against the Company related to the Digital product(s), the laws of Slovenia shall apply.
Non-Disparagement. If you are found to be slandering, labeling, or otherwise disparaging our Company, Digital product(s), or related materials, you will be immediately removed from the Digital product(s) and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company.
All Rights Reserved. All rights not expressly granted in these Terms and Conditions of Use or express written here are reserved by Company.
Content Pixie, Anamarija Rok s.p.