Terms and Conditions
IMPORTANT – please read everything below carefully before subscribing or registering.
Introduction
Welcome to toymakingmagic.com. Thank you for your interest in using our services and products. We provide our registered users with access to our site, and to a wide array of toy making and crafts related multi-media content, including video classes, graphics, photos, text, special features, digital downloads and messages, and a forum for blogs and postings. We provide access to the content by streaming it over the internet.
Please review the following Terms and Conditions of Use (the “Terms”) carefully before using the Site and before purchasing products or services or obtaining content from our Site. These Terms contain an arbitration clause, a class action waiver, and other important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
BY REGISTERING ON TOYMAKINGMAGIC.COM OR OTHERWISE BECOMING A SUBSCRIBER, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
To also review our full privacy policy please click here.
Overview
The terms “we,” “us,” and “our” refer to Toymaking Magic. The term the “Site” refers to toymakingmagic.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
Service
Toymaking Magic is a membership site for online learning, courses, resources and other content relating to toy making, sewing, crafting and parenting (the “Service”).
Use of toymakingmagic.com, including all materials presented herein and all online services provided by Toymaking Magic, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site.
Parties agree that the Service is in the nature of education. The scope of services provided by Toymaking Magic according to this Agreement are limited to those listed on toymakingmagic.com website. Toymaking Magic reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
By accessing and using this service, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree with these Terms or cannot comply with the Terms, then do not agree to use the Site or any Services and do not register or use any Offerings.
Use of the Site and Service
To access or use the Site, you must be 18 years of age 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. Information provided on the Site and in the Service related to toy making, crafting, and parenting and other information are subject to change. Toymaking Magic makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Toymaking Magic disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Account Creation
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Toymaking Magic will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Order Confirmation
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Duration of Agreement
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Toymaking Magic when there are reasonable delays in the access of the Service.
Toymaking Magic reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Cancellations and Refunds
All sales are final and no refunds are offered.
You may cancel your subscription at any time, but due to the nature of the Service no refunds will be made for any membership fees already paid.
To cancel your monthly subscription at any time, you may login to your account and follow the cancellation procedures there or send us a message to: jessica@toymakingmagic.com and we will do it for you.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
Billing and Payment Methods
By starting your subscription to the Site, you expressly authorize us to charge the applicable subscription fee at the then-current rate, plus any applicable taxes, plus any other charges you may incur in connection with your use of the Services or purchase of Products. These amounts will be charged to the payment method you provide. All prices are listed in U.S. dollars and are valid until changed by us. We reserve the right to validate all payment tenders made to us. Subscriptions (including gift subscriptions) will activate on the date of purchase. The subscription period begins on that date.
Billing is automatic and recurring. Your subscription will be automatically renewed for successive monthly or yearly periods and your payment method will automatically be charged for each successive monthly or yearly period at the then-current subscription rate until you cancel your monthly or yearly subscription renewal.
Discounts, rebates or other special offers are only valid for the initial subscription period; subscriptions renew at the then-current full subscription rate.
You must have a valid payment method to subscribe to our Services or purchase a gift subscription. We reserve the right to change the payment methods we accept at any time without notice.
If you want to use a different payment method, or if there is a change in payment method, such as your credit card validity or expiration date, you may edit your payment method information.
If we are unable to process a payment using your selected payment method, we may, but are under no obligation to, call or email you to ask whether you wish to use an alternate payment method. We may terminate your subscription, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your payment method and you do not provide an alternate payment method.
Subscription Fees and Discounts
Gift subscriptions have no exchange, cash or surrender value.
At any time, and for any reason, we may provide a refund, discount, bonus, or other consideration to some or all of our subscribers. The amount and form of such considerations, and the decision to provide them (or not), are at our sole and absolute discretion. The provision of considerations in one instance does not entitle you to considerations in the future for similar instances, nor does it obligate us to provide considerations in the future, under any circumstance.
Additional charges for Services may include gift subscription purchases you make, or changes in subscription plans. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you at least 30 days’ advance notice of these changes by email. Such notices to you shall be deemed to have been given upon transmission.
Subscription Plans
We offer monthly and yearly recurring subscriptions. We also may, but are not promising to, offer trial periods, special promotional plans, bundled plans, premium services with respect to one or more types or categories of Content, and subscriptions with different limitations.
We reserve the right to modify, terminate or otherwise amend our subscription plans at any time without prior notice.
Product Description
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit To the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Toymaking Magic may provide access to a community or social media platforms in conjunction with the Service. Toymaking Magic is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Toymaking Magic may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Toymaking Magic will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Toymaking Magic is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect Toymaking Magic’s brand and image integrity.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material you supply to Toymaking Magic. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Toymaking Magic remains yours to the extent that you have any legal claims therein. You agree to hold Toymaking Magic harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our Intellectual Property
The Site and Service contain intellectual property owned by Toymaking Magic, including trademarks, copyrights, proprietary information, and other intellectual property. Toymaking Magic’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Toymaking Magic’s copyrighted materials shall remain the sole property of Toymaking Magic. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Acceptable Use
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
Restricted Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
Third Party Resources
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Toymaking Magic. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Use of Testimonials
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials that appear on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way. The testimonials displayed in any form on this site (text, audio, video or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.
Toymaking Magic is not responsible for any of the opinions or comments posted on https://toymakingmagic.com. Toymaking Magic is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To protect against abuse, all testimonials appear after they have been reviewed by management of Toymaking Magic. Toymaking Magic does not share the opinions, views or commentary of any testimonials on https://toymakingmagic.com – the opinions are strictly the views of the testimonial source.
DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR SITE AND THE INFORMATION, CONTENT, OFFERINGS, MATERIALS AND PRODUCTS INCLUDED ON OUR SITE.
WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT.
OUR SITE IS OPERATED ON AN “AS IS,” and “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, OR THE OFFERINGS, CONTENT, INFORMATION, OR MATERIALS AVAILABLE ON OR THROUGH THE SITE, ITS SERVERS, OR EMAIL WILL: (a) BE UN-INTERRUPTED, (b) BE FREE OF DEFECTS, VIRUSES, INACCURACIES, ERRORS, OR OTHER HARMFUL COMPONENTS, (c) MEET YOUR REQUIREMENTS OR SATISFACTION, (d) BE SECURE FROM HACKERS OR OTHER UNAUTHORIZED PERSONS; OR (e) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE THAT YOU USE.
You expressly agree that your use of our Site, products and services is at your sole risk.
Termination
We have the right in our sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your subscription(s) or your access to the Site or Services. Such reasons may include: (a) your breach of any part of these Terms, (b) your violation of the rights of any third party or of law, (c) the invalidity or suspension of your Payment Method, (d) your exceeding your credit card limit or balance, or (e) “chargeback” of a fee or other payment. If you are a Subscriber, you may terminate your subscription(s) for any reason at any time by terminating it through the Account Profile feature on the Site, subject to these Terms.
Effect of Termination. If your Account is terminated, we may, in our sole discretion, delete any web sites, files, graphics or other content or materials (including any Submissions) relating to your use of the Site or Services on our servers or otherwise in our possession. Immediately upon termination, either by you or us, you are not permitted to access or use the Site or Services (including accessing the Site or viewing any Content through the Service).
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Contact Us
If you have any questions regarding this policy, or your dealings with our website, please contact us here: https://toymakingmagic.com/contact/
These Terms were last revised in March 2023.
