Before you may use onlychildesign.com (“the Websites”), you must agree to these terms and conditions.
These terms of service outline the rules and regulations for the use of Onlychild Design’s Website.
Onlychild Design can be contacted at:
11612 Chenault St, Suite 3
Los Angeles CA 90049
This document is a legally binding contract (“Agreement”) between you and Onlychild Design (“We” or “O.D.”). Please take a few minutes to read the entire document and understand its terms. By using the Websites, or by clicking to acknowledge your agreement to these terms, you are performing the same act as signing a printed copy of this document and you thereby communicate your unqualified agreement and consent to be bound by all the terms of this Agreement.
The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms of service. “O.D” “Onlychild Design” "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
This Agreement sets forth your and O.D .’s rights and obligations in connection with your use of the Websites and any products and services available through them, including streaming media, written material, downloads, courses, workshops, and purchases (collectively, “Products & Services”).
If you are younger than 18 but at least 13 years old, your parent or guardian must enter this agreement on your behalf and must accept full responsibility and agree to indemnify O.D. for any harm or liability caused by your use or misuse of the Websites.
No O.D. services are directed to children under 13. Federal law prohibits O.D. from collecting any personally identifiable information from persons under 13 years of age. If you are under 13 years of age, you may not register an account with O.D. or provide any of your personal information to O.D.
This Agreement is subject to change. If you register with O.D., we will make reasonable efforts to notify you by email of material changes or updates. We rely on you to keep us informed of an accurate, up-to-date email address. An up-to-date version of this Agreement is kept at www.onlychildesign.com/terms
Minimum Registration Age
Federal law prohibits O.D. from collecting any personally identifiable information from persons under 13 years of age. If you are under 13 years of age, you may not register an account with O.D. or provide any of your personal information to O.D..
If you are under 18 but at least 13 years of age, you may use the O.D. Websites only if your parent or guardian enters this agreement on your behalf and accepts full responsibility for your use or misuse of the Websites. The parent or guardian must agree to indemnify O.D. for any liability caused by any violation of this Agreement.
If you are a parent or guardian registering lawfully on behalf of a person at least 13 years old but younger than 18, or on behalf of some other person without contractual capacity, you must agree to all the terms of this Agreement. By entering this Agreement on behalf of that person, you agree to take full responsibility for his or her actions, including any charges made or incurred, and any consequences of that person’s failure to comply with this Agreement. You agree to take reasonable steps to ensure such compliance and will indemnify and hold O.D. harmless in the event that person breaches this Agreement or incurs any liability through use of O.D.’s Products & Services, including but not limited to contract, tort, and intellectual property infringement liability. You agree to indemnify and hold harmless O.D. for all damage or liability caused by the person on whose behalf you are registering.
Cookies
We employ the use of cookies. By using Onlychild Design's website you consent to the use of cookies in accordance with Onlychild Design's privacy policy.
Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
License
Unless otherwise stated, Onlychild Design and/or it's licensors own the intellectual property rights for all material on Onlychild Design. All intellectual property rights are reserved. You may view and/or print pages from transcend.online for your own personal use subject to restrictions set in these terms of service.
You must not:
- Republish material from onlychildesign.com
- Sell, rent or sub-license material from onlychildesign.com
- Reproduce, duplicate or copy material from onlychildesign.com
Redistribute content from Onlychild Design (unless content is specifically made for redistribution).
Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Intellectual Property
O.D. respects copyrights, trademarks, and other intellectual property rights.
If you are the owner of any copyright or copyrighted media that you believe is being infringed through O.D. services or on its Websites, you may notify O.D. of the alleged infringement by addressing a letter or email to:
Copyright Agent
O.D.
11612 Chenault St Suite 3 Los Angeles CA 90049
lina@onlychildesign.com
To be effective, a notice must be in writing and contain all of the following elements, as provided by 17 USC § 512(c)(3):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Copyright Agent will respond to effective notices according to the obligations set forth in the applicable section of the Digital Millennium Copyright Act, 17 U.S.C. § 512.
The Copyright Agent will only respond to effective notices; it will not be able answer questions or provide customer service.
Limitations on the Use of Media Available Through O.D.
All media available through O.D.-whether electronic or hard copy- is protected by federal and state intellectual property laws, including copyright, trademark, and related rights.
Subject to the right of fair use, you agree that you:
- Will not record, copy, or affix in a tangible medium any media provided to you on a streaming basis;
- Will not make any copies of any media downloaded through O.D. except for your personal use;
- Will not distribute without authorization any media accessed through O.D.;
- Will not alter or adapt to another form any media accessed through O.D. except for your personal use;
- Will not publicly perform any media accessed through O.D.;
- Will not use any media accessed through O.D. for commercial purposes;
- Will not use any media accessed through O.D. for any unlawful purpose or in violation of any term or condition in this Agreement;
- Will indemnify and hold harmless O.D. for any failure to comply with this part of the Agreement.
You may link to the Websites from other websites or from social networking platforms such as Facebook, Instagram, Pinterest or Twitter.
All rights not expressly granted in this Agreement are reserved for O.D.
Technology Limitations and Modifications to Service
O.D. will make reasonable efforts to keep your account (if registered) and the Services operational. However, technical difficulties or maintenance may sometimes interrupt service. We will make reasonable efforts to notify you in advance of any significant interval of downtime.
In the event that unforeseen or uncontrollable events destroy, damage, or disrupt O.D.’s Websites or business, you agree to accept the full risk of any loss arising from such events, including, without limitation, a loss of your account information or a loss of your access to the Products & Services.
O.D. also reserves the right, at any time, to modify or discontinue aspects of the Services with or without notice.
O.D. shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to any of the Services.
Disclaimed of Warranty
O.D. products and services are provided “as is” and “as available” without any representation or warranty of any kind, express or implied. To the maximum extent permitted by applicable law, O.D. disclaims all warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
O.D. makes no warranty that the products and services will meet your requirements, or that they will be uninterrupted, timely, secure, or error free; nor does O.D. make any warranty as to the accuracy of reliability of any content accessed through the services. O.D. makes no warranty regarding anything accessed, acquired, or purchased through its services.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms of service and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms of service.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Terms of Purchase
O.D. cannot guarantee that any particular products or services will be available at any given time.
NO EQUIPMENT WARRANTIES
O.D. makes no warranty that any particular computer, media player, portable device, or other hardware will be compatible with O.D. products and services. It is your sole responsibility to acquire or use equipment and internet access compatible with the services.
REFUNDS AND EXCHANGES
For all O.D. study materials and specialty products, we will accept unopened/unused items for a credit or refund within 30 days of purchase. If an item is defective and returned within 30 days of purchase, we will replace it free of charge. However, we cannot be responsible for media damaged by your equipment.
For all courses (including private & group sessions included in course), workshops and other events, credit or refund can be requested within 15 days after start date, unless otherwise specified in marketing or agreed to in terms of the course/workshop or event.
METHODS OF PAYMENT
All payments must be made by the means indicated in the registration process.
If O.D. does not receive payment from an account you authorized O.D. to charge, you agree to pay all amounts due upon notice and request by O.D.
UNAUTHORIZED CHARGES
If it appears that any unauthorized charge was made by O.D. to your account, it is your duty to notify O.D. within sixty (60) days after the charge first appears on your account statement. If you do not so notify O.D., the charges will be deemed authorized. You hold harmless and release O.D. from all liabilities resulting from any such charge that is not reported to O.D. within sixty (60) days. Notices may be addressed to lina@onlychildesign.com
CREDIT CARD AUTHORIZATION
Prior to the first charge, O.D. may seek authorization of your credit card or other account to validate your ability to charge the subscription fees. This authorization is not a charge. However, this authorization may reduce your available credit by the authorization amount until your bank’s next processing cycle.
MODIFICATIONS TO FEES OR BILLING TERMS
O.D. reserves the right, at any time, to change the prices of its products and services, to add additional fees, or to change its billing methods.
Your continued use of the products and services, or the websites, following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.
Your acceptance of this agreement means that you give consent to O.D. to email you with notices of material changes to this agreement or the services.
Disclaimed of Warranty
O.D. products and services are provided “as is” and “as available” without any representation or warranty of any kind, express or implied. To the maximum extent permitted by applicable law, O.D. disclaims all warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
O.D. makes no warranty that the products and services will meet your requirements, or that they will be uninterrupted, timely, secure, or error free; nor does O.D. make any warranty as to the accuracy of reliability of any content accessed through the services. O.D. makes no warranty regarding anything accessed, acquired, or purchased through its services.
LIMITATION OF LIABILITY
The entire risk arising out of this agreement or your use of the services, and including your practice of any teachings disseminated by O.D., remains with you. Under no circumstances shall O.D. or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this agreement or the use of or inability to use any products and services, even if O.D. has been advised of the possibility of such damages. This limitation of liability shall apply to the maximum extent permitted by law.
Under no circumstances shall O.D. be liable to you for any damages in excess of the amount you paid for products or services or for the specific item of content giving rise to the applicable claim for damages.
Modification of Terms of Service
O.D. may modify this Agreement at any time in its sole discretion. If an important change is made to this Agreement, we will use reasonable efforts to notify you by email if you have provided an email address. If any modification is unacceptable to you, you agree that your only recourse is to cease using the Products & Services and Websites. Your continued use of any Products & Services or Websites after the change is effective and will constitute your acceptance of the change.
Indemnification
You agree to indemnify and hold O.D. and any of its owners, members, subsidiaries, affiliates, directors, representatives and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
Governing Law and Forum
This Agreement shall be governed by the laws of the United States and the State of California, without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive original jurisdiction of the state and federal courts sitting in Los Angeles, CA. In the event of any litigation, you consent to venue in the Central District of California in Los Angeles, California.
Nothing in this Agreement will be governed by the United Nations Convention of Contracts for the International Sale of Goods.
General Provisions
No delay or failure to take action under this Agreement shall constitute any waiver by O.D. of any provision of this Agreement.
If any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable part shall be deemed omitted and the remainder of the agreement will continue in full force and effect.
This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall have no legal effect. O.D. shall have the right to freely assign and delegate its rights and responsibilities under this Agreement.
Unless and until this Agreement is modified by O.D., this Agreement constitutes the complete and exclusive agreement between O.D. and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Questions and Additional Information
If you have any questions or concerns about O.D., the Websites, or our Products & Services, please feel free to explore the Websites, or Contact Us
Privacy Policy
Onlychild Design, LLC (O.D.) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. It is Onlychild Design's policy to respect your privacy regarding any information we may collect while operating our website. This Privacy Policy applies to onlychildesign.com (hereinafter, “O.D.” "us", "we", or "transcend.online"). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms of service posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms of service.
No O.D. services are directed to children under 13. Federal law requires that O.D. may not collect any personally identifiable information from persons under 13 years of age. If you are under 13 years of age, you may not register an account with O.D. or provide any of your personal information to O.D.
We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as quickly as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
Website Visitors
Like most website operators, Onlychild Design collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Onlychild Design's purpose in collecting non-personally identifying information is to better understand how Onlychild Design's visitors use its website. From time to time, Onlychild Design may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Onlychild Design also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on onlychildesign.com blog posts. Onlychild Design only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors to Onlychild Design's websites choose to interact with Onlychild Design in ways that require Onlychild Design to gather personally-identifying information. The amount and type of information that Onlychild Design gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at onlychildesign.com to provide a username and email address.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Advertisements
Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Onlychild Design and does not cover the use of cookies by any advertisers.
Links To External Sites
Our Service may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy and terms of service of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
Protection of Certain Personally-Identifying Information
Onlychild Design discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Onlychild Design's behalf or to provide services available at Onlychild Design's website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Onlychild Design's website, you consent to the transfer of such information to them. Onlychild Design will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Onlychild Design discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Onlychild Design believes in good faith that disclosure is reasonably necessary to protect the property or rights of Onlychild Design, third parties or the public at large.
If you are a registered user onlychildesign.com and have supplied your email address, Onlychild Design may send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Onlychild Design and our products. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Onlychild Design takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Aggregated Statistics
Onlychild Design may collect statistics about the behavior of visitors to its website. Onlychild Design may display this information publicly or provide it to others. However, Onlychild Design does not disclose your personally-identifying information.
Cookies
To enrich and perfect your online experience, Onlychild Design uses "Cookies", similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Onlychild Design uses cookies to help Onlychild Design identify and track visitors, their usage of onlychildesign.com, and their website access preferences. Onlychild Design visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Onlychild Design's websites, with the drawback that certain features of Onlychild Design's websites may not function properly without the aid of cookies.
By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to Onlychild Design's use of cookies.
European Economic Area Residents
For European Economic Area resident, data protection legislation gives you the right to request access to personal information about you which is processed by O.D. and to have any inaccuracies corrected.
You also have the right to ask us to erase your personal information, ask us to restrict our processing of your personal information or to object to our processing of your personal information.
You also have a right to submit a complaint to a supervisory authority for data protection in the country where you live, where you work, or where you consider that a breach of data protection has occurred – although we hope that we can assist with any queries or concerns you may have about our use of your personal data.
California Residents
Upon letter or email request by any California resident with whom O.D. has an established business relationship, O.D. will disclose to you each instance, if any, in the immediately preceding calendar year in which O.D. disclosed your personal information to a third party that O.D. knows or has reason to know used your personal information for direct marketing purposes. See California Civil Code § 1798.83.
Privacy Policy Changes
Although most changes are likely to be minor, Onlychild Design may change its Privacy Policy from time to time, and in Onlychild Design's sole discretion. Onlychild Design encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Contact Information
If you have any questions about our Privacy Policy, please contact us:
Onlychild Design
11612 Chenault St Suite 3 Los Angeles CA 90049
lina@onlychildesign.com
