Terms and Conditions
Last updated: February 13, 2023
The terms “we”, “us” and “our” refers to SaraNoSocks LLC (“Company”). These Terms & Conditions (the “Terms”) govern your use and access to our Company’s website (https://www.helpingcreatives.com) and any of our social media channels or emails (collectively the “Website”) or use or purchase of our products or services(“Products”).
Please read these Terms carefully before accessing or using our Websites. By accessing or using any part of our Website, you agree to be bound by these Terms. If you do not agree to all of these Terms, then you may not access or use the Websites or any of our Products therein.
2. THE SALE OF PRODUCTS OR SERVICES. The Company does not sell products or services to persons under the age of 21. By using this Website you are representing that you are over the age of 21. You also agree that any Product purchased from the Company is intended for personal use only and not for resale, licensure, or commercialization. You agree that any Product purchased from the Company which is subscription based and requires submission of User materials as described in Section 9 (User Submissions) is not used beyond commercial endeavors outside of those related to work performed by the Company on behalf of the User. Any unauthorized use, dissemination, reproduction, or copying of Products will be prosecuted to the fullest extent of the law.
4. INTELLECTUAL PROPERTY. Unless explicitly stated otherwise, Company owns all rights, titles, and interest in and to the Website and Products, including, without limitation, site content, video tutorials, organization, graphics, design, artwork, compilation and other matters related to or included on the Website and Products. Company name and all related names, logos, product and service names, designs, artwork and slogans are Company’s trademarks and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners and should not be used without those respective owners’ permission. Any unauthorized use, dissemination, reproduction, or copying of these terms or any content on the Website or Products will be prosecuted to the fullest extent of the law.
5. FOR LAWFUL PURPOSES. You agree to use the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, 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.
6. PROHIBITED ACTIVITIES. The User shall not access or use the Website for any purpose other than that for which the Website is made available to the User. User agrees to refrain from the following: make any unauthorized use of the Website; retrieve data or content for the purposes of creating or compiling a database or directory; circumvent, disable, or otherwise interfere with security-related features on the Website; engage in unauthorized framing or linking of the Website; trick, defraud or mislead Company or other users; interfere with, disrupt or create an undue decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; harass, annoy, intimidate or threaten any of Company's employees, independent contractors or agents providing services through the Website; delete the copyright or other rights notice from any Content; copy or adapt the Website’s software; upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any Party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
7. MODIFICATION. Company reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Company reserves the right to modify or discontinue all or part of the Website without notice and without liability to the User.
8. USER ACCOUNTS. You agree that any such information you give to the Company will always be accurate, correct and up-to-date. You agree that any usernames or passwords may only be used by you. 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. We reserve the right to terminate your user account at our sole discretion.
9. USER PROJECTS. Any work product (“Project”) generated by Company as part of User subscription shall be deemed a “work for hire” owned exclusively by User, and Company hereby assigns any right it may have in such work product to User, as applicable and User shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Company to become the owner of a Project, in whole or in part, rather than User, Company irrevocably and perpetually assigns its entire interest in the Project to User, without limitation. User warrants that any and all materials provided to Company as examples or as material to be incorporated into a Project during the subscription duration are owned by the User and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Company always reserves the right to share the User’s work publicly for marketing purposes, in but not limited to, social media, website, and email.
10. USER FEEDBACK. The User acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (“Submission”) shall be the sole property of Company and Company is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Company shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to the User under Section 9 (“User Projects”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the User. The User agrees that it has the right to articulate and put forth the Submission and the User hereby waives all claims and recourse against Company for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
11. NON-DISPARAGEMENT. To the extent permitted by law, both Company and User affirm and agree, that at any time following the use of of Website or Products, not to make any remarks or comments, whether orally or in writing, to anyone, via Media or otherwise, which remarks or comments reasonably could be construed to be derogatory or disparaging to the Company or User, or to any of the other Company or User’ss current or former directors, officers, employees, products or services, or which comments reasonably could be anticipated to be damaging or injurious to the reputation or goodwill of same. For the purposes of this Agreement, the term “Media” includes, without limitation, radio, television, film, internet, and social media platforms. Notwithstanding the foregoing or anything contrary to the foregoing, User agrees to maintain a cooperative attitude toward Company and not to disparage Company in any manner harmful to its business or professional reputation.
12. PAYMENTS. In consideration for your purchase of Products, you agree to pay the price associated with that specific product or service on the Website. From time-to-time, Company may offer limited promotions through its email list or through other means. Those promotion rates are not guaranteed, and you understand that you are not entitled to any discounted prices.
a.) You understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our Products to you. Should your payment fail to process, we reserve the right to withhold the purchased Products from you unless and until payment is properly rendered. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. All payments shall be in U.S. dollars.
b.) If your Product is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable Product. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
c.) We reserve the right to refuse any Product placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include Products placed by or under the same customer account, the same payment method, and/or Products that use the same billing or shipping address. We reserve the right to limit or prohibit Products that, in our sole judgment, appear to be placed by competitors, resellers, or distributors.
13. REFUND POLICY. Company reserves the right to deny refunds based on its own self discretion and without notice or liability to the Client. Should the Client request a refund during the first month of subscription use, all materials produced by Company are solely owned by the Company and are prohibited from being used by the Client in any way. Company reserves the right to take appropriate legal actions against the Client for breach of this paragraph.
14. LIMITED LICENSE. Your ability to view content on our Website grants you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. Except as otherwise provided in Section 10 (User Projects), you acknowledge and agree that you have no right to publish, modify, edit, copy, reproduce, create derivative works of, reverse engineer, transfer, alter, sell, create derivative works of, enhance or in any way exploit any of the products in any manner, except for modifications in filling out the products for your authorized use. You shall not remove any copyright notice from any of the Website or Products . Doing so may infringe on our intellectual property rights, as outlined above.
15. NO RESALE OF PRODUCTS OR WEBSITE CONTENT. Except as otherwise provided in Section 10 (User Projects), you agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Website or content or other information or materials of any kind that you do not own without our express prior written consent. This includes digital products, photographs, illustrations, artwork and/or free downloads.
16. TESTIMONIALS DISCLAIMER. With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, calls, otherwise, for the purposes of marketing or promoting the Company’s services and/or products. The Website may contain testimonials by users of our Products. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials. These testimonials reflect the real-life experiences and opinions of such Users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our Products. We do not claim, and you should not assume, that all Users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
17. NO ENDORSEMENTS. We may provide links to other websites or resources, which are not maintained by or related to us. We have no control over these websites or resources and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and is not responsible or liable for any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
18. THIRD PARTIES CONNECTING TO OUR WEBSITE. Company is not responsible for the content or practices of third-party websites that may be linking to our Website and Company and makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.
19. ERRORS, INACCURACIES, AND OMISSIONS. Information provided about the Website and/or Products is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Website.
20. NO WARRANTIES The use of the Website and Products are at your sole risk. The Website and Products are provided on an "as is" and "as available" basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Website and Products. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (1) THE WEBSITE AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE AND PRODUCTS WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE WEBSITE AND PRODUCTS WILL BE ERROR-FREE AND/OR ANY ERRORS ON THE WEBSITE AND PRODUCTS WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from us through or from the Website shall create a warranty not expressly stated in these Terms. Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
21. LIMITATION OF LIABILITY. 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 Products and/or any information and resources contained in the Website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Website and/or Products . Our liability to you or any third parties under any circumstance is limited to the lesser of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
22. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website and Products and related services, any User postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
23. REFUSAL OF SERVICE. We reserve the right to refuse access to the Website to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Website, if you violate the Terms.
24. TERMINATION. The Company reserves the right, in its sole discretion, to terminate your access to the Website and/or Products or any portion thereof at any time, without notice or refund.
26. EFFECT OF HEADINGS. The subject headings of the paragraphs and subparagraphs of the Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
27. WAIVER. Company’s waiver of any of the provisions of these Terms shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
28. SEVERABILITY. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
29. ASSIGNMENT. You may not assign these Terms without the express written consent of Company.
30. GOVERNING LAW. The Terms shall be governed by the laws of the State of California.
31. CHANGES TO TERMS. The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
32. HOW TO CONTACT US. Please contact us at hello(at)saranosocks.com any question or comments regarding the Terms.