Terms and Conditions 

Dated 10/10/2020

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The terms "we", "us", "our", "the company", "the business", and "The Whimsy Days" refer to Piyali Flugstad (d.b.a. The Whimsy Days). The term "site" refers to thewhimsydays.com. The terms "user", "you", and "your" refer to site visitors, customers, and any other user of the site.

The Whimsy Days is a home education resource site providing home education related products sold in The Whimsy Days Shop, as well as insights/guidance in the form of blog and social media posts.

Use of this site, including all materials presented herein and all online services provided by Piyali Flugstad, 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. By using the site or service and/or ordering a product from the site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of Site and Service

To access or use the site, you must be 18 years or older and the the requisite power and authority to enter into these Terms and Conditions. Information provided on the site is subject to change. The Whimsy Days makes no representation or warranty that the information provided, regardless of its course, is accurate, complete, reliable, current or error-free. The Whimsy Days disclaims all liability for any inaccuracy, error or incompleteness in the content.

Account Creation/Product Purchases

In order to purchase shop products, you are required to provide information about yourself including your name, email address, physical address, and payment information. You agree that any information you give The Whimsy Days will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or 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 this site, 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 offence, give rise to civil liability or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your order. 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. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Cancellations, Refunds and Returns

All sales of digital products downloadable upon confirmation of purchase are final. The Whimsy Days does not accept cancellations once your order is placed.

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.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the material you supply to The Whiimsy Days. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to The Whimsy Days, remains yours to the extent that you have any legal claims therein. By submitting an order, you agree to hold The Whimsy Days 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.

Our Intellectual Property

The Site and Service contain intellectual property owned by Piyali Flugstad/The Whimsy Days, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. 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, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

No Professional Advice

The information contained in or made available through our Site (including but not limited to information contained on videos, message boards, comments, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site.

No Warranty

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS

THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

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.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, The Whimsy Days is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if The Whimsy Days has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall The Whimsy Days’ cumulative liability to you exceed the total purchase price of the Service you have purchased from The Whimsy Days, and if no purchase has been made by you The Whimsy Days’ cumulative liability to you shall not exceed $100.

Copyright Policy & Claims

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides online service providers who have content on their sites to be relieved from liability for copyright infringement if they promptly remove the offending content once notified of an alleged infringement by the Copyright owner or his designated Agent.

You may file a complaint with The Whimsy Days if you believe that a content hosted by The Whimsy Days is violating your rights under US Copyright Law by mail or email, which is as

By mail: contact The Whimsy Days’ dedicated agent: Copyright Manager, 7411 Greenwood Ave N, #4120, Seattle, WA 98103.

By email: hello@thewhimsydays.com

If the Copyright Owner believes that their copyright work has been copied without permission, you must provide the following information to The Whimsy Days.  Your DMCA takedown notice must contain the following information:

Copyright Owner or the designated Agent must:

  1. Provide an electronic or physical signature.

  2. Provide a description of the copyrighted work that is claimed as infringed.

  3. Identify where the infringing copyrighted work is located on The Whimsy Days website.

  4. Provide contact information such as name, address, phone number and email address.

  5. Provide a statement that they have good faith belief that the infringing use is not authorized by the Copyright Owner, his designated Agent or by law.

  6. Provide a statement under penalty of perjury that the information in the notice is accurate and that they are the Copyright Owner or an authorized Agent to act on behalf of the Copyright Owner.

Copyright Owner or its designated Agent who make misrepresentations with regards to the copyright infringement may be liable for damages incurred as a result of removing or blocking the alleged copyrighted work.

Counter-Notification to Claimed Copyright Infringement

You can file a counter-notification with The Whimsy Days’ agent at the address listed above or at hello@thewhimsydays.com if a notice of copyright infringement has been filed against you. In such counter-notification you must have the following information:

  1. Provide a physical or electronic signature.

  2. Identify the copyrighted material that was removed or disabled and the location from where it was removed or disabled.

  3. Provide a statement under penalty of perjury that you have a good faith belief that the copyrighted material was removed or disabled because of a mistake or misidentification.

  4. Provide your name, address, phone number and email address.

  5. Provide a statement that you consent to the jurisdiction of the Federal District Court in the district where you are located.

  6. Accept service of process from the complainant.

The DMCA provides that the copyrighted material that was removed or disabled will be restored or re-enabled upon receipt of valid counter-notification. US copyright law provides substantial penalty for a false counter-notice filed in response to a notice of copyright infringement.

NOTE: DMCA notices and counter-notices are only accepted to address copyright infringement claims and are not the proper method to report other legal claims (non-copyright issues such as trademark, defamation or privacy, terms of use, etc.).

Third Party Resources

The Site and the Service 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 The Whimsy Days. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

Notices

All notices, requests, demands, and other communications under this agreement shall be in writing and properly addressed as follows:

The Whimsy Days
7411 Greenwood Ave N, #4120, Seattle, WA 98103

hello@thewhimsydays.com