Service and Refund Terms

Terms & Conditions for Events, Webinars, Sessions, Subscriptions and Coaching Membership

The following Terms and Conditions are entered into by and between You (“Participant” or “You”) and Total Toy Creative (“Company”, “we”, or “us”).

Event or Webinar

The Company agrees to provide you with access to the virtual event entitled, “Toyliday Challenge” (“Event”) or the virtual webinar entitled, "Sponsor Sparkle" ("Webinar"). By purchasing a ticket or registering and as a condition of participating in the Event or Webinar, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Story Session

The Company agrees to provide You with access to the coaching, consulting and strategy services offered by Company entitled “Story Session”, "Story Day", "Story Day Session". "S.T.O.R.Y. Day" and/or "S.T.O.R.Y. Day Session"(“Session”). By booking an introductory (intro) call or purchasing a Session, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Subscription

The Company agrees to provide You with access to a newsletter subscription offered by Company entitled “Toy Marketing Times” ("newsletter subscription"). By purchasing a newsletter subscription and as a condition of participating in the newsletter subscription, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Membership

The Company agrees to provide You with access to the consulting membership offered by Company entitled “Total Toy Coaching” (“coaching membership”, "consulting membership", "coaching" and/or "consulting"). By purchasing a consulting membership package and as a condition of participating in the consulting membership, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Company's Services as listed in the next paragraph. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Participant with access to the Event or Webinar, Session or Newsletter Subscription, or Consulting Membership ("Services"), which provides education and information. The information contained in the Services, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, licensed professional advice.

Refund Policies

Unless otherwise stated below, all sales are final for Events, Webinars, Sessions, Subscriptions and Consulting Memberships.

Newsletter subscriptions may get a full refund of the yearly fee if You cancel within 7 days of purchase.

Story Sessions are 100% refundable if You submit your refund request at least seven (7) business days prior to your scheduled Story Session, and provided that no services (consulting calls for the Story Session or use of the Story Session Prep Playbooks) have been been utilized by You at the time of the refund request. If You need to cancel your session less than seven (7) business days prior to your scheduled Story Session, you can apply your full payment to future date or receive a 50% refund.

Guarantees

Company offers no money-back guarantees or revenue goals. For products and services that offer a "Legacy Price Guarantee" if You purchase a product with legacy pricing, said product will be renewed at the same legacy price upon each annual renewal, regardless of the current list price, provided that Your Subscription or Membership remains active without interruption.

Payment Failure for Subscriptions or Memberships

If Your payment fails, You will have 14 business days from the renewal date to renew Your Subscription or Membership and maintain the currently charged price. However, if You chooses to cancel Your Subscription or Membership and subsequently wish to re-subscribe, You will be required to do so at the current list price, which may be higher than the Legacy Price or the price previously paid. Subscribers and Members will be notified in advance of any price changes, and upon cancellation, they will be reminded that re-subscribing will be at the current price.

Cancelation Policies

Subscribers and Members may cancel their recurring Subscription or Membership at any time by contacting Toy Sales customer support via the form found at the bottom of the Total Toy Creative website. To ensure cancellation before the next renewal date, the cancellation request must be received at least five business days prior to the renewal date. Cancellation requests received after this deadline will be processed for the following renewal period. No refunds will be issued for cancellations made after the renewal date. We reserve the right to modify or update this cancellation policy at any time, and any changes will be communicated to subscribers and/or members via email or through our website.

Events, Webinars and Sessions

Any Events, Webinars and Sessions will be conducted virtually. The Company shall provide the following to You as a ticket holder:

Access To Virtual Area – The Company shall maintain an area with presentations. You shall have access to this area for the days posted for the Event, Webinar or Session.

Publicity Waiver And Release

The Company may be recording all of the presentations that are part of the Services. This shall include the main stage sessions, breakout sessions, question and answer sessions, coaching sessions, and the chat that occurs during the Service. The Company reserves the right to use these recordings commercially for all legal purposes.

As a condition of participating in the Company's Services, You hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons“), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the recordings, including to the extent that your name, image, likeness, appearance, voice, or other identifiable information might appear on the recordings of the Services, as long as it is not proprietary or trademarked content.

The Company shall be the exclusive owner of all rights, including copyright, in the recordings. You hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the recordings and all copyrights and other intellectual property rights in the recordings arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. In other words, the Company has the right to use the recordings – including any audio or video recordings of You participating in any sessions as part of the Services – commercially, including as marketing material going forward.

Ownership Of All Intellectual Property

All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Services, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans in the Services are the trademarks of their respective owners.

Your participation in the Services does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Services. You agree to observe and abide by all copyright and other intellectual property protection. You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Services' content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Services.

The Company content is not for resale. Your participation in the Services does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

Personal Responsibility

By participating in the Services, You accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Services, or not. The Company provides educational and informational resources intended to help participants in the Services succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether Participants of the Company or otherwise – applying the principles included in the Services are no guarantee that You or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Services. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Services.

No Warranties

The Company makes no warranties regarding the performance or operation of the Services, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Services. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby 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 Services and/or any information and resources contained in the Services. 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 Services.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You.

Arbitration

You hereby expressly waive any and all claims You may have, now or in the future, arising out of or relating to the Services. To the extent that You attempt to assert any such claim, You hereby expressly agree to present such claim only through binding arbitration to occur in Dedham, Massachusetts. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims You and/or any entity related to You asserts against the Company. To the fullest extent permissible by law, You further agree that You shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, if You become disruptive to the Company or other Services' participants, if You fail to follow the Services guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees, if applicable and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Entire Agreement

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date

This Agreement shall commence and be enforceable with respect to You on the date you reserve or purchase the Services.

Contact Us.

The Company welcomes your questions or comments regarding these Event Terms at toybox{at}totaltoycreative[dot]com.

{Effective as of February 2024.}