Creating Brave with Heidi Darr-Hope

Terms of Service and Privacy Policy

Creating Brave Terms of Service


Terms and Conditions

These terms and conditions constitute an Agreement between you and Creating Brave for the online course, community, and related products and services (collectively the "Services") that we offer on the Creating Brave site.

By using the Services, you agree to be bound and to comply with, the terms of this Agreement. Violation of any of the terms of this agreement will result in the termination of your right to use the Services and any account that you may have created as part of the Services. You agree to use the Services at your own risk.

Creating Brave teaches you to use art for healing and stress reduction purposes. We are not performing art therapy or analyzing your work in any way. Rather, we are helping you find an outlet and your own voice.

Your Account

You represent and warrant that you are at least 18 years of age or the applicable age of majority in your geographic area, and that you possess the legal right and ability to enter into this Agreement and open an Account. 

The course is designed to be completed within a 12 month period. Once you set up your Account and register for a class, the materials of the class will be available to you for one year. PDFs and other printables are licensed to you for unlimited personal uses.

In connection with opening an Account, you must provide a valid email address and any other information required by us during the registration process.

Maintaining the security of your Account and password is your responsibility and you should change your password regularly. If your Services or Account are fraudulently used, you agree to immediately notify us of such unauthorized use. We have the right to interrupt, restrict, or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity.

Personally identifiable information submitted by you shall be subject to our Privacy Policy located at www.creatingbrave.com/terms-privacy

Your Responsibilities

You are responsible for all activity occurring under your Account and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties, and regulations relating to your use of the Services.

Prohibited Uses

Any use or attempted use of the Services is prohibited if it:

  1. Is for any unlawful, unauthorized, fraudulent or malicious purpose,
  2. Could damage, disable, overburden, or impair any server, or the network(s) connected to any server,
  3. Could interfere with any other party's use and enjoyment of  the Services,
  4. Is to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means,
  5. Is to access systems, data or information not intended by us to be made accessible to you,
  6. Is to obtain or attempt to obtain any materials or information through any means not intentionally made available by us, or
  7. Is for any use other than the business purpose for which it was intended.

In connection with your use of the Services, you agree you will not:

  1. Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
  2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any representative of Creating Brave, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. Upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships;
  4. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  5. Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation without opt-in, commercial or otherwise;
  6. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
  7. Delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it;
  8. Probe, scan, test the vulnerability of or breach the authentication measures of Creating Brave or any related networks or systems; or
  9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Creating Brave.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of the prohibited uses, including, without limitation, the suspension or termination of your access to the Services and/or Account. Subject to our Privacy Policy, we reserve the right at all times to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials at our sole discretion.

Payment & Refunds

We use Stripe to process payments. View Stripe’s Terms and Conditions at https://stripe.com/us/privacy

You may withdraw from the course at any time, however, all fees paid hereunder shall be fully earned when the scheduled course session begins and shall be non-refundable for any reason whatsoever.

Term

The term of this Agreement begins on the date we activate Services for your Account. This Agreement will continue from month to month until terminated by either party pursuant to these terms.

Violation of this Agreement

We reserve the right to investigate and prosecute violations of any of the terms of this Agreement to the fullest extent of the law. You acknowledge that we have no obligation to pre-screen or monitor your access to or use of the Services or any information, materials, or other content provided or made available, but have the right to do so. You hereby agree that we may, in the exercise of our sole discretion, remove or delete any entries, information, materials or other content that violates this Agreement or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your Account.

To cancel your account, click on “My Account” in the main navigation. From your account page, scroll to the bottom and click the link that says “Delete Account”. Follow the prompts to confirm that you want to delete your account. This will cancel and remove your account from the site.

Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from us once your account is cancelled. Please be aware that we may for a time retain residual information in our backup and/or archival copies of our database.

Termination

We reserve the right to terminate any free Accounts. We, in our sole discretion, have the right to suspend or terminate your Account and this Agreement if you breach this Agreement.  We may terminate your Account and this Agreement at any time for any reason by providing you 30 days’ notice. We reserve the right to refuse service to anyone for any reason at any time.

All sections which by their nature should survive the expiration, termination, or cancellation of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Modifications to the Agreement

We may change or modify this Agreement from time to time, but any such change (i) will be made in good faith, and (ii) if significant (as determined in our sole discretion), will only be made after first providing you with notice of the change. You can review the most current version of this Agreement at any time at our Site (https://www.creatingbrave.com/terms-privacy). If you do not agree to a significant change, you may terminate this Agreement by terminating use of the Services.

Copyright and Content Ownership

Creating Brave retains copyright to all material encompassed in the course together with videos, explanatory articles, web design, and images and including any derivative works created from or containing the Creating Brave course.

We claim no intellectual property rights over the Content you provide, however the items you photograph may be subject to copyright. Your profile and materials uploaded remain yours. However, you agree to allow others to view and share any Content you add and you give Creating Brave a license to use your Content for advertising purposes.

You hereby grant, and you represent and warrant that you have the right to grant, to Creating Brave an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your Content (including your name, voice, photograph, and likeness) and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site, Services, Company’s other products and services, and Company’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by filling out this form https://www.creatingbrave.com/contact/, emailing us at  [email protected], or sending a letter to:

Vista Studios
808 Lady Street
Columbia, SC 29205

Please provide us with the following information:

  1. Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the site;
  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.

We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act.

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED WITH CREATING BRAVE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. CREATING BRAVE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CREATING BRAVE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. CREATING BRAVE DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE CREATING BRAVE SITE WILL BE CORRECTED. CREATING BRAVE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES.

CREATING BRAVE MAKES NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICES.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CREATING BRAVE OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THE USE OR MISUSE OF OR RELIANCE ON THE SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CREATING BRAVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR CREATING BRAVE SITE, FROM INABILITY TO USE THE SERVICES OR SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Third Party Services

Creating Brave may engage certain affiliates, subcontractors, or other third parties to provide all or part of the Services to you, including payment processing services, and you hereby acknowledge and agree that such third party involvement is acceptable. These third party services may have their own associated terms of services and license agreements that you will agree to when you use their services as part of Creating Brave or sign up for accounts with those service providers. You agree that any interaction with these third parties will be governed by the agreements between you and each individual third party and that Creating Brave shall not be held liable for any issues that may arise in connection with your use of these third party services, regardless of any real or potential involvement of Creating Brave in the provisioning of those services.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CREATING BRAVE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE SITE, (B) ANY OTHER PERSON’S USE OF ANY ACCOUNT YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES.

NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE GROSSLY NEGLIGENT ACTS OF CREATING BRAVE OR ITS EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Links to Other Materials

Linked sites are not necessarily under our control and we are not responsible for the content of any linked site or any link contained in a non-affiliated linked site. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to the Creating Brave Site, you do so entirely at your own risk.

Assignment

We may assign all or part of our rights or duties under this Agreement without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without our prior written consent.

General

Opinions expressed in comments throughout this course at the opinions of contributors and do not represent the opinions of Creating Brave, its offers, staff, representatives, or affiliates. This Agreement will be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to its conflict of laws, provisions, or your actual state or country of residence.  If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of this Agreement). Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Creating Brave.  The failure of Creating Brave to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Copyright © 2016, Creating Brave. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Creating Brave Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering from or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, and other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Open a Support Ticket, or enter information on our site.

How do we use your information?

We may use the information we collect from in the following ways:

  • To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey, online course, or other site feature.
  • To quickly process your transactions.

 

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We also implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. All financial transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.


You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.


If users disable cookies in their browser:

If you turn cookies off, some features will be disabled. Some of the features that make your site experience more efficient and may not function properly.

Third-party disclosure:

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. However, non-personally identifiable visitor information may be provided in aggregate to other parties for marketing, advertising, or other uses.

Third-party links:

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google:

We have implemented the following:

      Demographics and Interests Reporting

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.


Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act:

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf


According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.


You will be notified of any Privacy Policy changes:

      • On our Privacy Policy Page

Can change your personal information:

      • By emailing us


How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.


Does our site allow third-party behavioral tracking?

It's also important to note that we allow third-party behavioral tracking.

COPPA (Children Online Privacy Protection Act):

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under the age of 13 years old.

Fair Information Practices:

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur we will notify you via email within 7 business days.


CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

      • Send information, respond to inquiries, and/or other requests or questions

      • Process orders and to send information and updates pertaining to orders.

      • Send you additional information related to your product and/or service

      • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.


To be in accordance with CANSPAM, we agree to the following:

      • Not use false or misleading subjects or email addresses.

      • Identify the message as an advertisement in some reasonable way.

      • Include the physical address of our business or site headquarters.

      • Monitor third-party email marketing services for compliance, if one is used.

      • Honor opt-out/unsubscribe requests quickly.

      • Allow users to unsubscribe by using the link at the bottom of each email.


If at any time you would like to unsubscribe from receiving future emails, you can email us and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Creating Brave

creatingbrave.com

Vista Studios
808 Lady Street
Columbia, SC 29205
Phone 803-429-4151

Last Edited on 1-Oct-16