Last updated on February 7th, 2021
This website, www.vanillaoakdesignstudio.com (“Site”) is owned and operated by Vanilla & Oak Design Studio, a Branding and Design Business operating under the laws of British Columbia, Canada. In these Terms, “we”, “us” and “our” refer to Vanilla & Oak Design Studio and the terms “you” or “your” refer to any individual user of our Site.
USE OF OUR SITE AND SERVICES
You must be at least 16 years old in order to use our Site or the necessary age in your country of residence otherwise this is a violation of use. We reserve the right to terminate your access if it is discovered you are a minor.
While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.
FEES AND REFUNDS
Fees are as listed on our Site and in US dollars. We reserve the right to change our Fees at any time and without notice.
We do not provide refunds. Any refunds issued will be in our sole discretion and determined on a case-by-case basis.
You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution or any third party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms any third party investigating the dispute.
If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Intellectual Property Rights
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) are owned by us, unless attributed otherwise. All content on the Site is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of federal law.
You may use our Intellectual Property for non-commercial purposes only and only if you provide obvious credit to us and also a back link to the webpage on our Site or to the social media platform where our Intellectual Property was originally posted. In no event do you obtain any rights or ownership in our Intellectual Property or may you claim that it is your own content or creation.
If you have any questions relating to how you may use our Intellectual Property please send your questions to firstname.lastname@example.org.
Any and all Services or other materials that you access or are provided with by us are under the sole ownership or licensed use of Vanilla & Oak Design Studio including all Intellectual Property.
When you purchase or opt-in and receive materials, you receive a limited, non-transferable, non-exclusive, royalty free license for your non-commercial purposes only to access the content or materials provided to you by us. You specifically acknowledge and agree that you do not obtain any ownership interest or other rights to the materials and all copyrights remain with us. As a condition of your use, you may not, under any circumstances reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party, including members of your business or team. If it is determined that you have breached this limited license, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to seek damages, an injunction, or any such other available legal remedy in our sole discretion.
As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the materials for your personal use only; (ii) download or print any of the materials provided to you for your personal use or personal use in your business only; and (iii) use any of our Intellectual Property with our prior written consent so long as all materials show “© Vanilla & Oak Design Studio” as the source of the materials and marking any of our federally registered trademarks with “®” or our common law trademarks with “™”. If you wish to use, publish any of our content, resources or materials you must first write to us email@example.com and request our consent.
Violations and Indemnity
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.
By using our Site, you grant us a commercial license to use any image(s), including any containing your likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any social media platforms, for our future business use.
Use of Third-Party Applications
Confidentiality You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Us By submitting a comment, photo, video or other materials to our Site or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site.
We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behaviour that we deem inappropriate.
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
ASSUMPTION OF RISK AND DISCLAIMERS
Assumption of Risk Use of this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.
Warranties Disclaimer We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services.
General Disclaimer To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.
Earnings Disclaimer You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Services with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success or financial gain merely upon access of our Site or your use of Services.
Third Party Disclaimer You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.
Technology Disclaimer We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services 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 our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Not Professional Advice
We are not medical, legal, financial, or other regulated professionals, or if we are, your use of our Site does not mean we are providing our professional services to you. You expressly acknowledge and agree that we are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of any Service. No part of our Site, the Service or any related content or materials are to be construed as medical, legal or financial advice. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this Site and/or Services.
We may provide content to you written by third-party contributors on our Site. While we make our best effort to ensure all of our writers are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy. All written content on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’ content or opinions. You must not rely on Site content or third-party contributors’ opinions and always seek the appropriate professional advice.
Online Store Disclaimer
Certain products may be available exclusively online through the Site and in limited quantities. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sale of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products and pricing of products are subject to change at any time without notice and we reserve the right to discontinue any product at any time. We do not warrant that the quality of any products will meet your expectations, or that any errors in the Service will be corrected.
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
Release, Indemnity and Waiver Our Site and related materials are provided for educational and informational use only. You agree to indemnify release and save harmless Vanilla & Oak Design Studio and its directors, officers agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) for any direct or indirect loss or conduct incurred as a result of your use of our Site, Services or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor errors or technological malfunctions. You further waive any right you may have against the Released Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a result of your use of the Site or Services. You acknowledge this release of liability is binding on your heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future.
Limitation of Liability We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to our Site or the Services. We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our Site and Services.
Affiliates We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services or products.
Termination of Your Use If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.
Severability If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
All Rights Reserved
Contact If you have any questions about these Terms and Conditions of Use, please send an email to: firstname.lastname@example.org.
Last Updated on February 7th, 2021
Vanilla & Oak Design Studio (“Company”, “we”, “our” or “us”) respects your privacy and is committed to protecting it.
On this Site;
In email, text and other electronic messages between you and this Site;
Us offline or through any other means, including on any other website operated by us, or any third party including our affiliates and subsidiaries; or
Any third party including through any content or advertising that may link to or be accessible from or on the Site.
Use of Site
You must be at least 16 years old to use our Site. No one under the age of 16 may provide any information to or on our Site. We do not knowingly collect, use or disclose personal information about visitors under 16 years of age. If you are under 16 years of age you must immediately stop using our Site and not provide any information to us through any function on our Site. If you become aware that we have collected information from anyone under the age of 16 please contact us at email@example.com so we may delete that information.
INFORMATION WE COLLECT
Here are some examples of the data we collect. However this may not be a complete list:
Personal Information: Personal identifying information such as your name, billing and/or shipping address, telephone numbers, email addresses, and other demographic information, such as your age and gender.
User Account Information: In order to purchase or access certain Services, we may require you to create a user account and provide your name and/or email address and create a unique password. For your security, we do not have access or knowledge of your password and it is your sole responsibility to keep the password confidential and not share your account details with any other people, including us.
Computer, Browser and Mobile Information: Computer and connection information such as statistics on your page views, traffic to and from the Site, your unique resource locator (“URL”), advertisement data, your internet protocol (“IP”) address, your browsing history, and your Site log information. If you access our Site via your mobile phone, we may collect information about your device, including but not limited to, the model, manufacturer, device identification and your location information.
Social Media Information: We may access personal information from social networking sites and apps, including Information but not limited to, Instagram, Facebook, LinkedIn, YouTube, Pinterest and Twitter which may include your name, username on any of these platforms, location, email, age, gender, profile picture and any other public information you have included on any of your social media profiles. If you want to limit this data, you should review their privacy and security settings of each social media site and change your privacy settings.
We will not request sensitive information from you at any time. Please do not submit any sensitive data to us, including your social security number, health data, genetic data, or information related to your ethnic origin, religious beliefs, or criminal history. If you do send us this information, then by doing so you are consenting to our use, storage, and processing of this information in accordance with this Policy.
HOW WE COLLECT YOUR INFORMATION
Information You Voluntarily Provide
We collect information you voluntarily and manually provide when you use our Site, such as when you purchase or access Services or certain content on our Site, sign up for our email list or newsletter, submit a form, send us questions, or interact with us through this Site such as when you provide comments or feedback. Some of the information you manually provide may be personal information, such as your name or email address.
Information from Your Website Browser or Mobile Device
We collect information that is sent to us automatically from your website browser or mobile device, such as your IP address, the name of your operating system, the name and version of your browser, date and time of your visit, page(s) you visit and length of time you spent on each page. The information we receive may depend on your browser or device settings. Information received from your website browser and mobile device typically is not, in and of itself, personally identifiable. However, we may combine it with other information in an attempt to identify you, or we may combine it with information that does identify you.
We collect information when you visit our Site and through our email communications, by using cookies, pixels, website beacons, tags, and other tracking technologies to collect information about your engagement, as well as your browsing and purchasing behaviour. These tracking technologies include:
Clickstream Data: Through Site access logs we collect your URL, clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying Site usage data, such as the number of hits and visits to the Site. This information is used for internal purposes for research and development, user analysis and business decision making, all of which provides better services to our users. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third-parties for data processing and analyzing.
Cookies: Cookies collect data sent to us by your computer about (i) the way you interact with our Site, such as when you use certain features or download attachments; (ii) collect data to assess and improve our marketing and advertising; (iii) allow partners and third-parties to use these tracking technologies to track your use of our Site, including on multiple devices; (iv) collect statistical data such as how long you stay on a certain webpage on our Site and the location from where you access our Site. All of this information helps us to improve the Services, provide content based on the interests of our users and improve the functionality of our Site. Most browsers are set to accept cookies by default. In addition, when you first encounter our Site, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our Site. More detailed information about cookie management with specific website browsers can be found at the browsers’ respective websites.
Website Beacons or Pixels. These are small graphics that help us understand browsing activity and provide a better user experience. Unlike cookies, website beacons and pixels are non-identifiable when you visit a website page.
Social Widgets. These buttons are provided by third-party social media providers that allow you to interact and access certain social media services when you view a page on our Site. These widgets may collect browsing data, which may be sent to the respective third-party social media provider.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Ability to OPT-OUT of Tracking We also may use the above-mentioned technologies to collect information about your online activities over time and across third-party websites or other online services (behavioural tracking). We respect your decision if you want to opt-out of tracking for this website. If you choose to opt-out some features of this Site, or future features of this Site may not work properly. For example, you may not be able to share content from our Site to social media sites etc. If you would like to Opt-Out of tracking or just want more information about how to do that please use these resources.
Activate DO NOT TRACK on Google Chrome
Activate DO NOT TRACK on Safari
Activate DO NOT TRACK on IOS Devices
HOW WE USE AND DISCLOSE YOUR INFORMATION
Use of Information
We generally store your data and transmit it to a third party for processing. However to the extent we process your data, we do so to serve our own legitimate business interest. Generally, the purpose of collecting your information through our Site is to:
Provide out Site and its contents to you;
To provide you with information, products or services that you request from us;
To carry out our obligations and enforce our rights arising from any contracts between you and us, including for billing and collection;
Collect statistical data and analyze trends for our use, and for use by third-parties to better understand your needs and interests;
Improve our Services, marketing and promotional efforts or troubleshoot issues on our Site;
Contact you with special offers, newsletters, information advertisements of third parties and content we believe will be of interest to you which in some instances may be in exchange for a commission to be paid to us by such third parties (if you opt to take part in such promotions, the third parties will receive your information);
To allow you to participate in interactive and social features on our Site;
Improve the content, functionality and usability of this Site and provide a tailored and personalized experience for you when you visit our Site;
Prevent fraudulent activities and security breaches;
Resolve disputes and assist law enforcement when necessary or respond to any legal claims or otherwise comply with our legal obligations; and
For any other purpose with your consent.
We may also use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclosure your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of your Information
Administering our Site and various tasks such as payment processing, hosting services, email delivery, communications and customer service;
Delivery of our Services;
Administering your account;
Entering into agreements and communication with you;
Analyzing data and trends, including partnering with third-party analytic companies;
Run and manage our ads to produce ads that appear when you visit our Site;
Protecting the security of our business and Site; including to investigate and remedy any breach of any of our rights or policies, or as needed to obtain and maintain insurance coverage, manage risks, obtain financial or legal advice;
Promoting and marketing the Site and Services;
In the event of sale or transfer of our business;
To comply with any requirements to disclose by law, such as to initiate or respond to any legal action or to protect the rights, property and safety of others. This includes sharing information with other parties to prevent security breaches, fraud or credit risks;
Any other reason necessary to comply with any legal obligation, to protect your interests, the interests of others or our business;
With your consent.
Retention of Information
We generally retain your information only as long as is reasonably necessary to provide you with the Services, comply with our legal obligations or until you request that we delete your information. Any information we no longer need will be permanently deleted.
Processing Your Information
Generally, we do not process or hold your Information but instead we use third-party processors to process your data. In order to carry out our business, it is necessary for us to transmit certain information to third-parties. For instance, when you purchase a Service from our Site, your payment information is transmitted to and collected by a third party payment processor. For a full list of third party applications we use, please contact us at firstname.lastname@example.org.
Protection of Your Information We employ commercially reasonable methods to ensure the security of the information you voluntarily provide to us, as well as that information that is collected automatically. We implement a variety of security measures to maintain the safety of your personal information including using standard security protocols and transmitting information securely via Secure Sockets Layer (SSL) and only use recognized online secure payment systems and reputable third party payment processors and applications. Since email is not considered secure, please do not send us private information via email. Doing so is completely at your own risk. In order to protect our Site, we use software programs to monitor network traffic to identify unauthorized attempts to upload or change information or hack or otherwise damage our Site. While we take these steps to protect your personal information as much as we can, no system or transmission of data over the internet or any other public network or any storage of data can be guaranteed to be 100% secure. If you are concerned about your personal information, please contact us at email@example.com.
Event of a Breach
In the unlikely event customer data has been lost, stolen, or potentially compromised, our policy is to alert our customers via email no later than 72 hours of our becoming aware of the event. We will also report such incident to any required data protection authority. We will work closely with any customers affected to determine next steps such as any end-user notifications, needed patches, and how to avoid any similar event in the future.
We respect your rights to your personal information and data. You have the right to access, correct, request restriction or deletion of your information, or request how we use your personal information and data collected, as required by applicable law. Note that we may charge a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to first request you provide us with evidence verifying your identity before we take any action.
After we verify your identity, you have the right to:
Update or change any information you have provided to us. To update or delete Your information, please contact us at firstname.lastname@example.org;
Request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others;
Change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our Site;
Request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden;
Request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website;
Opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at email@example.com;
Opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at firstname.lastname@example.org;
In certain situations, restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights, our rights, or those of others. In addition, you may opt out of any processing of your data altogether. However, doing so may result in the termination of your account and loss of access to our Site; and
If you wish to have any third-parties, including those to whom we’ve transmitted your information, delete your information, you will need to contact those third-parties directly to do so. Upon request, we will provide a list of all third parties to whom we have transmitted your information.
California Privacy Rights The State of California has established its own unique regulations that apply to California residents. If You reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose Your data. As a Californian resident you also have the right that we request not to sell your data. If You are a California resident and under the age of 18, you have the right to request that we remove any data that You publicly post on our website. To request removal of Your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our Site, we may not be able to completely remove that data from our systems.
If You are a California resident and would like to make any of the above requests, please contact us at email@example.com.If you make a request, we have 30 days to respond to you.