Terms of Use

 

The following Terms of Use are entered into by and between You and Blue Elephant Storyshaping. (“Company”, “we”, or “us”), and concerning your access to and use of our Services.

 

Please read the Terms of Use carefully before you start to use the Cook up a Picture Book Course Website and Services.

 

By using the Course Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein. If you do not wish to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Services after the date such revised Terms of Use are posted. 

 

This Course Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

Your use of the Website is also subject to the Company’s Privacy Policy. Please review the Company’s Privacy Policy, which also governs the Website and informs users of the Company’s data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

 

Definitions:

 

Intellectual Property. A Definition. ‘Intellectual Property’, IP, means all intellectual property rights in whatever media whether or not registered including: copyright, database and compilation rights, patents, trademarks, service marks, trade names, trade secrets, logos, course methods, goodwill, designs, all other industrial commercial or proprietary rights and any applications for the protection or registration of those rights and all renewals, revivals and extensions existing in any jurisdiction.

 

The ‘Works’ means materials, including, without limitation, documents, drawings, workbooks, audio, video, graphics, slogans, drafts, notes, designs, computer media, electronic files, presentations, training materials and lists in any format, and any additions to, deletions from, alterations of, copies, and revisions of such materials.

 

1. Terms

 

By accessing the Cook Up a Picture Book Courses and Blue Elephant Storyshaping services, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Course or the Website. The Works offered by this course are protected by applicable copyright and trademark law.

 

2. Intellectual Property

 

We are the owner or the licensee of all intellectual property IP rights in our Services, including all presentations, content, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Works).

 

The Course and Company name, logo, slogan, and all related names, logos, product and service names, designs, and slogans are the exclusive IP of the Company or its affiliates or licensors. You must not use this IP without the prior written permission of the Company.  

 

By downloading, printing, or otherwise using the Course content for personal use Participants in no way assume any ownership rights of the Course IP and the Works. Any unauthorized use of any materials found in the Course shall constitute infringement of the Terms of Use.  Any breach of these Intellectual Property Rights will constitute a material breach of our Terms of Use and your right to use our Services will terminate immediately.

 

3. User License

 

You agree that you do not acquire any ownership rights in any IP protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

 

We grant you a limited, personal, non-exclusive, non-transferable license to use our courses, and associated material for personal use only.

 

1. Permission is granted to temporarily download one copy of any downloadable handout materials on the Cook Up a Picture Book course website solely for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
2. Modify, copy, publish, transmit, create derivative works, or in any way exploit any of the content or Works, in whole or in part, found on the Website or any of the resources available for download from the Website
3. use the Works for any commercial purpose, or for any public display (commercial or non-commercial);
4. attempt to decompile or reverse engineer any software contained on the Company’s website;
5. remove any copyright or other proprietary notations from the Works or other materials; or
6. transfer the Works or materials to another person or 'mirror' the materials on any other server.
7. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

 

 

4. Course webinars and recordings:

 

You may not download, copy, modify in any way, or transfer to another person or 'mirror' the Works on any other server the recordings of the course. You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any IP or the Works from the Course for commercial purposes or in any way that earns you or any third-party money.

 

When purchasing the Cook Up a Picture Book Course, you consent to video and/or audio recordings of course presentations that may contain your voice and/or your likeness. By purchasing our Service and the Cook Up a Picture Book courses, you consent to participating in the course and thereby grant us permission to record the course webinar, including the Q & A sessions for viewing by all course participants for the duration of the Course and indefinitely, until such time as the course is no longer available to participants.

 

5. Disclaimer

 

The materials on the Cook Up a Picture Book Course and Company website are provided 'as is' for your personal use only. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to the Website.

 

6. Limitations

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on the Cook Up a Picture Book and Company website and/or the resources you may download from this website.

 

In no event shall the Company be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of or in any way connected with the use or performance of the website or the use or inability to use the materials on the Cook Up a Picture Book Course website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, negligence, tort, strict liability or otherwise, even if the Company or an authorized of the Company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.

 

The information contained on the Cook Up a Picture Book Website and the resources available for download are for educational and informational purposes only.  

 

By using the Cook Up a Picture Book Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you or anyone connected to you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

 

You agree to bring your positive energy, creativity, and curiosity to the online Cook Up a Picture Book Course sessions. You agree to abide by the zero-tolerance policy when it comes to harassment, including online events as per the Prohibited Activites clause. As such, you agree to treat us, the course leader and other course participants with respect, and focus comments on the creative work. Failure to abide by this, will be deemed a breach of the Terms of Use and result in the immediate removal of you from the course webinar and termination of your access of the course and its materials.

 

We will do our best to create a safe and welcoming space, fostering a friendly, supportive environment where creators feel confident to share their views. However, we will not be held liable in any way for any Participant’s comments, actions, posts, content or materials that result in another Participant’s trauma or discomfort.

 

7. No Guarantee of Results

 

You agree and understand that understand that Blue Elephant Storyshaping does not guarantee that its services, including the Cook Up the Picture Book Course, Detailed Editorial Reviews, Coaching and any other services will lead to your project being taken on by an agent or published. The Company is not liable for any such outcome.

 

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

 

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

 

8. Revisions and Errata

 

The materials appearing on the Cook Up a Picture Book and Company website may include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its web site are accurate, complete, or current. The Company may make changes to the materials contained on its web site at any time without notice. The Company does not, however, make any commitment to update the materials.

 

9. Electronic Communications and Communication Services

 

Visiting the Cook Up a Picture Book Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

 

You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

10. Your Submissions and Contributions

 

The Cook Up a Picture Book Course and Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with a group.

 

Please review carefully the obligations you have when you post or upload any content through our Services.

 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

 

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

 

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

 

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

 

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

 

·       confirm that you have read and agree with our “Prohibited Activities” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

 

·       to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;

 

·       warrant that any such Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and

 

·       warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

 

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

 

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Terms of Use. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

 

11. Prohibited Activities

 

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

As a user of the Services, you agree not to:

 

·       Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

 

 

 

 

12.  User Generated Contributions

 

·       The Services may invite you to chat, contribute to, or participate in Q & As, blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 

 

 

Any use of the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Services.     

 

13. Contribution License

 

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

14. User Registration

 

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

15. Site Terms of Use Modifications

 

The Company may revise these Terms of Use for its website at any time without notice. By using this site and joining the course you are agreeing to be bound by the then current version of these Terms of Use.

 

16. Indemnification

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms of Uses; (4) any breach of your representations and warranties set forth in these Terms of Uses; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

17. Termination and Removal of Access

 

The Company reserves the right, in its sole discretion, to terminate your access to the Cook Up a Picture Book Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

18. No Joint Venture Relationship

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Cook Up a Picture Book Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

19. Services Management

 

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

 

20. Privacy Policy

 

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.  

 

21. Term and Termination

 

These Terms of Use shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

 22. Modifications and Interruptions

 

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Uses will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

Force Majeure: In the event of a Force Majeure Event, we will promptly notify you of the nature and extent of the circumstances in question; use all reasonable endeavours to mitigate and/or eliminate the consequences of such Force Majeure Event and inform you of the steps we are taking and propose to take to do so.  

 

 

 

23. Governing Law

 

Any claim relating to the Course or Company’s website shall be governed by and construed in accordance with the laws of the Company’s home jurisdiction, England, the United Kingdom, without regard to its conflict of law principles.

 

All disputes or claims arising out of or relating these Terms of Use, or the breach thereof, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three.

 

The seat, or legal place, of arbitration shall be London, England, UK. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of the United Kingdom.

 

The costs of the arbitration and the reasonable attorney’s fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. reserve the right to immediately terminate their access to the Course, in their sole and exclusive discretion. Course participants’ participation in the Course does not result in a transfer of any intellectual property to them.

 

 

 

24. Miscellaneous

 

These Terms of Use and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

25. Contact Us

 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

 

Blue Elephant Storyshaping
hello@blueelephantstoryshaping.com

 

      Last Updated: 9 October 2024