Terms and Conditions
Last updated: August 22, 2022
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This website is owned and operated by Trembling Leaf Media LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information, access, and engagement with a podcast and its listeners, subjects, and makers. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
These are the terms and conditions of our website. Our Privacy Policy is incorporated as part of these Terms and Conditions and describes Our policies and procedures on the collection, use and disclosure of Your information when You use our Service and tells You about Your privacy rights and how the law protects You.
Special Note Regarding the Wix Platform
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Please note that our website is hosted on the Wix.com platform. Wix provides us
with the online platform that allows us to deliver our products and services to you.
Your data may be stored through Wix's data storage, databases, and the general
Wix applications. They store your data on secure serves behind a firewall. For more
information on Wix's own privacy policy and terms and conditions, please visit Wix.com.
Who May Access and Join this Website
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In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Community Profiles
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All users who join a community have a profile that may be publicly visible to site visitors along with the user's public activity (such as posts or comments). A user can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).
Terms
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This website offers monthly digital access subscriptions ("Insiders"), the key terms of which are more fully described at https://www.simplyvanished.com/inside
To summarize: An insider is someone who purchases memberships from us to support our creations. Through a paid membership, Insiders directly interact with us as creators to provide support, and through our platform have the opportunity to engage with a greater community of Insiders and us as creators.
As an Insider, you’re joining our website to be part of an exciting movement to support us as a creator while you get special benefits, which may include access to our merchandise (when offered), exclusivity, and engaging experiences with us as the creator and the Insider community. In exchange, you pay us for membership programs, on a subscription basis, for the foregoing access and support.
The timing and amount of each membership subscription depends on the type of membership agreement you enter into. You can see the details as you join, as well as in the receipt sent to you after your successful payment. You can view all your active membership subscriptions and billing history on your membership page at https://www.simplyvanished.com/account/my-subscriptions
To become an Insider, simply create an account, add your preferred payment method, and join a membership program to start supporting us as a creator!
We offer monthly subscriptions where you pay per month. You may cancel your membership payments at any time. Terminating or lowering the tier support of membership will go into effect in the subsequent (not current) payment term.
You may lose access to the special benefits if you cancel your membership subscription, your payment method fails, we ban you from our website, or we choose to remove them.
If you are located in the jurisdiction in which our payment providers are required to charge and collect tax (e.g. VAT or, sales tax), then this tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial membership subscription. Our payment providers remit all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you are responsible for keeping your address complete and up to date.
Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. We do not control this charge, but it is typically around 3% . Please contact your bank for more information.
Refunds. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.
When buying a membership or item, you agree that: (i) you are responsible for reading the full description before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Intellectual Property
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The Service and all materials therein or transferred thereby, including, without limitation, software, audio, video, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, music and all Intellectual Property Rights related thereto, are the exclusive property of Trembling Leaf Media LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
Terminating Services
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We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
Indemnification & Limitation of Liability
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You agree to indemnify and hold Trembling Leaf Media LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
To the maximum extent permitted by applicable law, Trembling Leaf Media LLC shall in no event held liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Trembling Leaf Media LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to Modify
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We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional Contact
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You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Governing Law & Jurisdiction
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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the the State of Minnesota, Country of United States of America, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Minneapolis, Minnesota. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Contact
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For inquiries or concerns, you may contact us via the contact form or mailing address located in the footer of our website.