Terms and Conditions - Letters to my Dear Siblings

Last updated: 05/13/23

Introduction

Welcome to Letters to my Dear Siblings!

These terms and conditions outline the rules and regulations for the use of “Letters to my Dear Siblings” Website, located at https://dearsiblingsblog.com

The following Terms & Conditions are entered into by and between You ( “User” “You”,“Your”, “client” refers to anyone who views, visits, or uses the website) and Cherry by Ele (“Company”, “us”, “we”, or “our”) which owns and operates https://dearsiblingsblog.com (“Website or the “Site”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), are a binding agreement and govern your access to and use of the Site including any content, product, functionality, and services offered or purchased on or through the Site.

By visiting and using https://dearsiblingsblog.com or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you indicate that you accept and agree to be bound and abide by these Terms & Conditions and any documents incorporated herein by reference. If you do not agree with these Terms & Conditions, you must cease usage of the Site, or any related services, immediately.

Please read these Terms and Conditions carefully before you start using the Site.

This Site is intended for individuals who are 18 years of age or older. By visiting and using this Site, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.

Acceptable Use

You may use this Website as permitted by these Terms and Conditions and may not use this Website for any purpose other than for which Cherry by Ele makes the Website and its services available.

PRIVACY POLICY

While using the Site, you may provide certain personally identifiable information, such as your name, email address, or IP address. We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Cookies

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website.

Cherry by Ele employs the use of cookies. By accessing Our Website, You agree to use cookies in Agreement with our Cookie Policy. Our interactive Website’s optimal functionality uses cookies to retrieve the User’s information for each visit. Some of our affiliate partners may also use cookies.

GOVERNING LAW

These Terms of Use and any dispute or claim arising from or in connection with them shall be governed in accordance with the laws of the State of Texas and the USA.

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTSINCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE REVIEW THEM CAREFULLY.

In case of a dispute relating to or arising out of your use of our Site, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Grayson County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of Texas and the USA Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include but are not limited to contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. The Parties further waive any rights to pursue or participate in a class or collective action.

INTELLECTUAL PROPERTY AND LICENSE

Unless otherwise stated, Cherry by Ele and/or its licensors own the intellectual property rights for all content on Letters to My Dear Siblings. All intellectual property rights are reserved.

The contents, materials, documents, courses, products, or services included, offered, or purchased on or through the Site are protected by international copyright law and may not be copied, reproduced, given away, or used to create derivative works without our expressed written permission. You may access any Website content from Letters to My Dear Siblings for your personal use subject to restrictions set in these terms and conditions.

When using the Site, purchasing a digital product or course from the Site, or downloading a digital product free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of our contents, materials, documents, products, courses or services included, offered, or purchased on or through the Site for your personal or internal business use only.

You expressly acknowledge and agree that we retain full copyrights and under the aforementioned limited, personal, non-exclusive, non-transferable license you have no right to:

Republishing any Cherry by Ele content in any media.
Reproducing, duplicating, modifying, or copying any Cherry by Ele content.
Use the materials for any commercial purpose wich may include but is not limited to Selling, renting, sublicensing, and/or otherwise commercializing any Cherry by Ele content;
decompile or reverse engineer; remove any copyright or other proprietary notations from the materials;
transfer the materials to another person;
create derivative works based upon the materials;
offer any competing products based upon the materials.
Publicly performing and/or displaying any Cherry by Ele content; Using this Website in a manner that is, or maybe, damaging and/or impacts user access to this Website;
Using this Website contrary to the relevant rules, laws, and regulations of your country of residence, or in a manner that causes, or may cause, harm to the Website, or any person or business entity;
Conducting data mining or any other similar activity concerning this Website, or while using this Website; and
Use this Website to engage in any form of business advertising or marketing.

CONTENT

All information on this Site, including any and all copyrights, trademarks, design rights, and other intellectual property rights related to the content and work product on this Site, are owned by Cherry by Ele, with the exception of the content you submit to us set forth in the section below.

The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Site does not grant you any ownership rights to the Content of our Site.

The reproduction in any format (including on another website) of any part of our Site (including content, images, and designs) without our prior written consent is strictly prohibited.

Requests for prior written consent should be addressed to the following email: contact@dearsiblingsblog.com.

Linking and Hyperlinking Rights

You may provide links to our Site as long as

you clearly give credit to us as the author,
include a hyperlink to our Site,
you do not remove or obscure any portion of our Site by framing or otherwise, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
your website does not engage in illegal or pornographic activities, and
provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not provide links in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.

You must not provide links from any website that is not owned by you.

You must cease providing links to our Site immediately upon our request.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve of immediately removing all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

LINKS TO THIRD-PARTY SITES AND SERVICES

This Website may contain links to websites, applications, or services operated by third parties. Please know that we do not control any such third-party websites, services, or applications or the third-party operator. We have no control over and assume no responsibility for the content or practices of any third-party Sites or for any loss or damage that may arise from your use of them.

Cherry by Ele is not responsible for and does not endorse any third-party websites or applications or their availability or content. Cherry by Ele accepts no responsibility for adverts contained within the Website. You agree that you do so at your own risk when you purchase any goods and/or services from any such third party. The advertiser, and not us, remains responsible for such goods and/or services, and if you have any questions or complaints about them, you should contact the advertiser.

We recommend that you review the privacy policy and terms and conditions of such third-party sites. Once you leave our Site, you are no longer governed by our Terms & Conditions.

EMBEDDED CONTENT FROM OTHER SITES

Content on this Site may include embedded content (e.g. videos, images, articles, etc.).

Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website.

These sites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that site.

RELIANCE ON CONTENT

The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.

Please refer to our Disclaimers for further information.

Every effort has been made to only provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on this Site and shall not be liable for any damages or harm.

CONTENT YOU SUBMIT TO US

You may be provided with the ability to upload, display, post, transmit, send, email or otherwise submit to us on the Site or on any of our social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to us”).

You expressly acknowledge and agree that once you submit the content to us, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.

You, and not us, are entirely, and solely, responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.

You represent and warrant that

The content you submit to us is your original creation or you own the content or otherwise have the right to grant the license set forth above
The contents you submit to us does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person,
The content you submit to us does not result in a breach of contract between you and a third party,
The content you submit to us does not contain any libelous, defamatory, or obscene material or content that violates our terms of use or those of our social media accounts.

You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.

NO WARRANTIES

We make no representations or warranties of any kind, express or implied, as to the performance or operation of the Site and the information, contents, materials, documents, products, or services included on or through the Site. 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

To the maximum extent permitted by applicable law, in no event will our company or its directors, employees, or agents be liable to you or any third person for any direct, indirect or consequential loss or damage incurred in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You expressly acknowledge and agree that our company its directors, employees, or agents shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

PROHIBITED USE

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.

You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.

You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms may subject you to civil and/or criminal liability.

COMMENTS

Certain areas of this website may offer an opportunity for users to post and exchange opinions and information. Comments do not reflect the views and opinions of Cherry by Ele, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Cherry by Ele shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Cherry by Ele reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Cherry by Ele a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

When you leave a comment on our Site, your comment will be publicly available to other visitors of this Site. Your comment may be checked through an automated spam detection service.

For spam detection purposes, we may collect the data shown in the comments form, and also your IP address and browser user agent string in accordance to our Privacy Policy

If you leave a comment on our Site, you may opt-in to saving your name, email address, and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

We reserve the right to remove any comment that we determine to be unlawful, inappropriate, offensive, or otherwise objectionable or in violation of intellectual property laws or these Terms & Conditions.

CONFIDENTIALITY

You acknowledge and agree that Confidential Information may be exchanged between parties in connection with the use of our Site and information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You must maintain the secrecy of Confidential Information and treat all Confidential Information as private and confidential. You shall use Confidential Information solely in the performance of the obligations under these Terms & Conditions. You shall not disclose the Confidential Information without prior written consent except where required by law or regulation. You shall indemnify us against all losses, costs, expenses and other liabilities which may be suffered or incurred in connection to or arising out of any breach of confidentiality.

Account Creation

Specific areas of this Website may be restricted from user access, and Cherry by Ele may further extend such restriction to the entire Website, at any time, and in its sole discretion. Any user identification, security key, or password you may have on this Website is confidential, and you are responsible for maintaining such information confidentiality.

In order to use these services and/or products offered on the website, you may be required to provide information about yourself that may include your name, email address, username and password, and other personal information.

You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an 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 the service or product, violate any laws in your jurisdiction.

Lawful Purposes

You may use the Site, Service, and/or products 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 or social media groups managed by site or Cherry by Ele any material which violates or infringes 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.

REFUND AND RETURN POLICY

DIGITAL PRODUCTS

Due to the nature of digital content, all purchases of digital products, courses and memberships from our Site are final unless a refund is required under relevant consumer protection laws.

Refusal of Services/Products

The Services and/or products are offered subject to our acceptance of your order or requests.

We reserve the right to refuse service to any order, person, or entity, without the obligation to assign a 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, Product, or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Duration of Agreement

Once confirmed, we will provide you access to the purchased Service or product. You agree and understand that access to the Service/product may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Cherry by Ele when there are reasonable delays in the access of the Service or product.

Cherry by Ele reserves the right to terminate the Service or product, and or access to certain features of the Service or product, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Lifetime Access is for the lifetime of the Service or product. If for any reason, Cherry by Ele should dissolve or cease to exist, then your access to the Service or product terminates.

INDEMNIFICATION

You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates free from and against any and all legal claims, demands, liability, loss, claim, and expense, including reasonable attorney fees, court costs and other legal expenses, which may arise from or relate to your violation of these Terms & Conditions, any act or omission in connection with your use of our Site, or your infringement, of any intellectual property or other rights of any person or entity.

Revisions and Errors

The materials appearing on Cherry by Ele’s website could include technical, typographical, or photographic errors. Cherry by Ele does not warrant that any of the materials on its website are accurate, complete, or current. Cherry by Ele may make changes to the materials contained on its website at any time without notice. Cherry by Ele does not, however, make any commitment to update the materials.

ENTIRE AGREEMENT; MODIFICATION

These Terms & Conditions constitute the entire understanding between the parties with respect to the subject matter hereof and specifically incorporate, supersede, and replace all prior or contemporaneous oral and written agreements relating to the subject matter hereof.

No portion or provision of these Terms & Conditions may be changed, modified, amended, waived, supplemented, discharged, canceled, or terminated orally or by any course of dealing, or in any manner other than upon written notice.

Site Terms of Use Modifications

Cherry by Ele may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

AMENDMENTS

We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. You are expected to check this page from time to time to take notice of any changes.

Changed Terms

Any use of the Site or Service by you after being notified means you accept these amendments.

If you do not agree with the changes to these Terms & Conditions, you can choose to discontinue the use of our Site.

COUNTERPARTS

These Terms & Conditions may be executed in any number of counterparts in separate counterparts, each of which when so executed shall be deemed to be an original, and all of which taken together shall constitute one and the same Terms & Conditions.

ASSIGNMENT

Neither these Terms & Conditions nor any of the rights, interests or obligations granted hereunder shall be assigned, sold, leased or otherwise transferred in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties. Subject to the foregoing, these Terms & Conditions will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.

SEVERABILITY

Any provisions of these Terms & Conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such condition, the remainder of these Terms & Conditions shall continue in full force and shall be enforced to the maximum extent possible.

NO WAIVER

The failure to exercise any right, power, or remedy provided under these Terms & Conditions or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other rights, power or remedy or to demand such compliance.

HEADINGS AND CAPTIONS

The headings and captions in these Terms & Conditions are included for convenience of reference only and in no other way define, limit or delineate any of the provisions hereof or otherwise affect their construction or effect.

FORCE MAJEURE

Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, but not limited to, acts of God, acts of war or terrorism, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

TERMINATION

We reserve the right to terminate your rights under these Terms & Conditions without notice if you fail to comply with any of these Terms & Conditions.

Contact us

To resolve any complaint or clarification regarding the use of this Website or its services or receive information concerning that, please contact us at contact@dearsiblingsblog.com