This isn't just a template; it's a sanctuary for the modern muse, the dreamers, and the visionaries who seek beauty in every corner of life.
Loving the handbags? Wait until you see my newest crossbody clutch. The lightweight material and soft strap make it convenient to throw on and super comfortable to wear. And the best part? It’s a cinch to make with my pattern!
This stunning design comes with a detailed video training so you can confidently dive into creating—with me right by your side.
This isn't just a template; it's a sanctuary for the modern muse, the dreamers, and the visionaries who seek beauty in every corner of life.
Loving the handbags? Wait until you see my newest crossbody clutch. The lightweight material and soft strap make it convenient to throw on and super comfortable to wear. And the best part? It’s a cinch to make with my pattern!
This stunning design comes with a detailed video training so you can confidently dive into creating—with me right by your side.
TERMS AND CONDITIONS OF USE
Last Updated on May 16, 2024.
These are the official Terms and Conditions of Use for Nickola Inc. located in Los Angeles California, herein known and referenced as “Company,” “Our,” “We,” and “Us.”
Our email is [email protected]. “You” and “Your” refers to users of this Company’s website, communications, offerings and related materials, herein known as “Offering.”
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.
GENERAL PROVISIONS
This website is owned and operated by Company.
You must be at least eighteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & PURCHASER AGREEMENT
All products are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at the contact details listed at the top of this agreement, and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).
YOUR PRODUCT OR COURSE USE AND CONSENT
When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of the age of majority in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Company, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.
PRODUCT REVIEWS
We may ask You to leave a rating and/or review of Your purchase. If You choose to write a review, You must comply with the following guidelines:
We reserve the right to accept or reject Your review at our sole discretion. Reviews are not Our opinions or beliefs. We do not assume any liability for any review or for any claim, issue, liability or loss resulting from any posted review. By posting a review, You hereby grant to Us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MODEL RELEASE
You must own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
INTELLECTUAL PROPERTY
LIMITED LICENSE
Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Company.
To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.
You may:
You may not:
REQUEST FOR PERMISSION TO USE CONTENT
If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us.
CIVIL AND CRIMINAL PENALTIES
Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Our location by opting into or purchasing any Offering or accessing its related communications and/or materials.
SECURITY AND ASSUMPTION OF RISK
SECURITY
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. To the best of Our abilities, We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by You at checkout. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by Our jurisdiction’s laws, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy.
We maintain a right to republish any 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 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.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us.
EARNINGS DISCLAIMER
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).
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 Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, 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, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.
THIRD-PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
WARRANTIES DISCLAIMER
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT 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 PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider. To be clear, you hold Us and Flodesk, Inc. harmless from any claims arising out of any technological failure except in the unforeseen case of gross negligence, as determined by industry standards.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
INDEMNIFICATION
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) .
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 Offering(s). 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 Offering(s) and related material(s).
TERMINATION
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
FINANCIAL CONSIDERATIONS
PURCHASES AND PAYMENT
You authorize Us to charge your chosen payment provider for the total amount stated on Your checkout cart screen. You agree to abide by the terms and conditions of Your card issuer agreement and any other applicable third party agreement that may affect Your purchase with Us. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, You agree to update your payment information in a timely manner so We can complete any outstanding orders and/or contact You as needed.
We reserve the right to change our prices for new purchases at any time.
You agree to pay any applicable shipping and/or handling fees as stated on your checkout cart screen.
ERRORS OR MISTAKES IN PRICING
We reserve the right to correct any errors or mistakes in pricing, even if We have already received payment. Any such changes will be conveyed in writing via email to notify You of Our correction and to allow You to take the most appropriate action in the event of such a correction or mistake.
REFUNDS AND RETURN POLICY
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.
PROMOTIONAL PRICING DEVICES AND PRICE ADJUSTMENTS
We are not able to accommodate a price adjustment after Your purchase.
CHARGEBACKS
You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
REVOCATION OF ACCESS
You have the unilateral right to terminate Your use and access to any of Our Offering(s). Please send an email to Us to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
CURRENCY
All payments will be processed in the local currency, or if not specified at checkout, in US Dollars.
TAXES
Sales taxes will be applied to your order as required by law in either Your or Our local area(s).
ORDER REVERSAL OR CANCELLATION
We reserve the right to refuse to fulfill any order placed on Our website, in part or in full, and will issue a refund accordingly. We reserve the right to limit or cancel quantities purchased by any given user or household at our sole discretion. We may restrict order quantities based on personal data provided by You, such as orders placed under the same customer account, orders placed on the same payment method, and/or orders that use the same billing and/or shipping address.
NO RESELLING OR DISTRIBUTION OF OUR PRODUCTS
We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our products. We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our site in any lawful way possible if we discover your prohibited use(s).
DISPUTE RESOLUTION
If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
NON-DISPARAGEMENT
If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
ENTIRE AGREEMENT
Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with Our country’s law. Any dispute arising out of or related to the information contained herein is subject to adjudication in Our company’s local courts.
CONSENT
By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.
If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
Last Modified: May 16th, 2024
Nickola Inc (“Company”, “we,” “us” or “our”) provides website design services and digital products for creatives, coaches, and entrepreneurs in the digital space. These Terms of Use govern and apply to all persons who access or use (“User,” “you” or “your”) our services, consisting of the website www.nickolastudio.com (the “Website”), including any software, features, content, functionality, or other services offered thereon, whether as a guest, client, or buyer (collectively the “Services”).
Please read our Terms of Use and Privacy Policy before using any of our Services.
By accessing, installing, or otherwise using any of the Services, you acknowledge that you have read the following terms and conditions, understand them, and agree to be bound and abide by them, together with any documents they expressly incorporate by reference (collectively, the “Terms”). If you do not agree to all of these Terms, you must not access or use the Services or Templates.
You must be at least 18 years of age or older, to use the Services. By purchasing any products offered by us or using the Services, you represent and warrant that you are 18 years of age or older and can enter into legally binding agreements under applicable law. If you do not meet these requirements, you must not access or use the Services. If you allow any minors under the age of 18 to access or use the Services, you shall be solely responsible for their uses of the Services, and you shall indemnify us against any losses, claims or damages that may result.
Changes to These Terms
We may revise and update these Terms from time to time in our sole discretion. We shall notify you when such changes are made, and all changes are effective immediately when we post them. Any changes to the Dispute Resolution provisions will not apply to any disputes for which the parties have actual notice prior to the date the change is posted. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Terms page from time to time so you are aware of any changes, as they are binding on you.
Changes to the Services and Offerings
We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion without notice. We may discontinue some or all of the Services, features or functionality for certain platforms at any time. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users. We may update content on the Services from time to time, but any of the content on the Services may be out of date at any given time, and we are under no obligation to update such content.
Legal and Financial Disclaimer
You understand and agree that this website and our products, templates, and services are intended to assist you in attaining your business website and branding goals. The information provided is not business, financial, or legal advice.
You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular business and financial situation so that you can take the right steps for you and your business.
Earnings Disclaimer
You understand and agree that this website and our products, templates, and services are intended to assist you in attaining your business website and branding goals.
You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. We make no guarantees of any kind as to your earnings and income from the use of our Services and templates.
No Warranty or Liability
The information provided on www.nickolastudio.com is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete.
You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or services purchased therefrom or via materials requested through email.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
YOU AGREE THAT NICKOLA INC, NICKOLASTUDIO.COM, AND NICKOLA STUDIO ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.
YOU AGREE THAT NICKOLA INC, NICKOLASTUDIO.COM, AND NICKOLA STUDIO ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
NICKOLA INC, NICKOLASTUDIO.COM, AND NICKOLA STUDIO CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $100.00 (USD).
We expressly exclude any liability to the fullest extent of the law.
By using our website and its content or purchasing a service and/or product from our website or requesting materials via email, you agree to this limitation of liability and release NICKOLA INC, NICKOLASTUDIO.COM, AND NICKOLA STUDIO from any and all claims.
Indemnification
You agree at all times to defend, hold harmless, and indemnify NICKOLA INC, NICKOLASTUDIO.COM, AND NICKOLA STUDIO and any affiliates, agents, or other party associated with NICKOLA INC, NICKOLASTUDIO.COM, AND NICKOLA STUDIO from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email, as well as any third-party claims of any kind arising from your actions in relation to our website.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
Intellectual Property Protection and Personal Use
The Services provided by Nickola Inc, NickolaStudio.com, and Nickola Studio, along with all their contents, materials, features, and functionality contained on our website, including, but not limited to, information, website copy, products (including website templates, e-courses, libraries, e-books, and PDF document downloads), programs, videos, photos, images, graphics, domains, designs, and other files, are the proprietary property of Nickola Inc and are protected by United States intellectual property rights (the “Intellectual Property”). You may not use any such Intellectual Property without our express authorization and in accordance with these Terms.
Nickola Inc grants you a single non-exclusive, non-transferable, non-sublicensable license to download, view, copy, and/or print any products you purchase from Nickola Inc, NickolaStudio.com, and Nickola Studio or materials requested via email solely for your personal, non-commercial use. This includes the use of website templates for your business needs. You may not share the contents of any product or the product itself with any third-party organizations or others.
You may not share your login credentials for NickolaStudio.com or any e-course from Nickola Inc or NickolaStudio.com with any third party for any reason. You may not sell, assign, or transfer your access to NickolaStudio.com or any of the content and/or materials contained therein to any third party. You may not give away any of the contents, share codes, resources, or information from inside of the courses, products, and free downloads.
Upon the termination of this license, you shall delete and/or destroy all downloaded and/or printed copies of the materials from NickolaStudio.com obtained therefrom.
You agree that you will not use the contents, materials, ideas, designs, or any form of intellectual property in any products and/or e-courses you purchase from Nickola Inc, NickolaStudio.com, and Nickola Studio to create a competing product. This includes but is not limited to any and all resources for website designers, skills, or resources to help web designers scale their business using what we teach, advise, or share. This also applies to our website templates.
You agree that all intellectual property, including but not limited to the strategy in which we teach, templates we provide, or teaching methods in which we teach are all owned by Nickola Inc and its subsidiaries. You are agreeing that you will not share access to our programs or create conflicting or competing products or service offerings to your audience, for five (5) years. All intellectual property will be protected by the Intellectual Property Act, and if this agreement is breached, Nickola Inc reserves the right to litigation in which Nickola Inc is not liable for financial costs incurred in United States, California.
For any questions referring to our Commercial Licensed products or for further questions or licensing requests, please refer to the Terms of Use for the The Shop on our website or reach out via email to [email protected].
Use of the materials from Nickola Inc, NickolaStudio.com, and Nickola Studio, including, but not limited to, any product you purchase and/or materials requested via email, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use our Website, products (including templates), pdfs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
Your License to Us
When you submit any post, comment, image, or other content that you upload, publish, or display on or through our website (“User Content”), you grant to us a perpetual, non-exclusive, irrevocable, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes. This applies for content on our website, our blog, as well as any content posted using the #nickolastudio hashtag on social media.
You retain the right to remove your User Content at any time, for questions or if you wish for us to remove content featuring you, please email [email protected]
If you remove your User Content, we shall retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.
User Limitations
You agree that you will not post, transmit, upload, or otherwise make available any User Content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable. You further agree not to infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
You agree to use this website and our products, templates, and services for lawful purposes only.
Testimonials
Our website may feature testimonials. They are examples from past clients. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our website, products, and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on our website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Affiliate Disclosure
Nickola Inc, NickolaStudio.com, and Nickola Studio is an affiliate of multiple third-party organizations and will provide a link from time to time to their products. You won’t pay a dime more, but Nickola inc and nickolastudio.com will receive a small commission that helps sustain our small business efforts.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third-Party Links
From time to time, we may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by the Company. If you use those links, you leave our website.
You agree that Nickola Inc, NickolaStudio.com, and Nickola Studio are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Nickola Inc, NickolaStudio.com, and Nickola Studio are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from our Website’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
Payments
You have the right to pay for any of our products or services in full, including all e-learning guides, website templates, or business resources. If you choose to pay using a payment plan provided by the Company using Honeybook, shopify, or Stripe as a third-party payment option, you agree to pay each payment on time and in the full amount.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Payment Plans:
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the installment plan details shown at checkout.
No matter what is stated in these terms, you understand that you are agreeing to the price and payment structure in which you agreed upon during the time of purchase.
Regarding recurring payments and outstanding invoices: If all payment methods we have on file for you are declined for payment of your fee, you must provide a new payment method promptly or your project access will be terminated. If you have a credit card change or expire, please reach out to hello@nickolastudio and we will help you update it.
You are required by law to complete the remaining payments of your payment plan and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding payments, using any eligible payment method we have on record for your account.
You understand that if you choose to pay for our products and or services using a payment plan, you understand that you are fully liable for all payments agreed upon. If a payment is missed, we will re-try the payment method four times before sending the debt to a collections agency of our choosing. We will always contact you via email before doing so. It is understood by both parties that if a third-party debt collections agency is needed to retrieve payments, an additional 30% will be added to the remaining balance owed if inside of the United States, and 35% will be added if outside of the United States to pay for the Debt Collection Services and all applicable legal fees associated with the debt retrieval. Upon your first missed payment, you will be immediately removed from all course portals, and communities. Continuing to use the resources we’ve provided after this, with failure to pay either us, or our third-party debt collector will be looked at as theft in the United States.
In the case of this happening, you authorize us to share the agreed-upon terms you agreed to at the point of purchase, your IP address, your phone number, your email address, and any and all applicable information for them to retrieve the debt. Once submitted to a third-party collections agency, you understand that it will not be us reaching out to you, and instead a third-party mediator.
Sale Pricing and Failed Payments:
If we choose to do a sale or “flash sale,” you agree that you are responsible for all payments in which you have agreed, even if they are a different and lesser amount than here listed.
Payments are made through Honeybook, Shopify or Stripe, and if a payment fails, it will be tried again four times with the payment method provided. If the payment has still not been processed after the five attempts and is more than 30 days late, all remaining payments will be sent to a collections agency of our choosing to gather all remaining payments with an additional 30% added (35% will be added if outside of the USA) to the balance to pay for their fees. Our payment processors will try your payment method four times before we reach out via email, and then send it to a collections agency. This is our last resort measure.
Nickola Inc, NickolaStudio.com, and Nickola Studio is not responsible for overdraft fees, late payment fees for your bank, or any other financial setback caused by your inability to pay your payment on time. If you're unable to commit to the entire payment plan, this product and investment is not for you.
If this happens, and you pay the payment and want to resume your enrollment, please contact our team at [email protected]
You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.
All of the personal information that you provide as part of the purchase process for any product or service on our website may be collected by both us and our third-party payment processing providers. This includes but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.
Refunds:
Due to the nature of the Services provided and the extensive time and effort that goes into the product(s) and/or template(s), we offer no refunds, and there is no refund policy whatsoever for any and all of the products or Services We offer. If you have questions about our refund policy, please email [email protected].
We do not tolerate or accept any type of chargeback from your credit card company.
Termination:
We reserve the right to terminate your access to our website, and refuse to service to anyone, in full or in part, at any time for any reason.
Dispute Resolution and Jurisdiction:
For any dispute between you and the Company, arising from the use of these Terms or the Services (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and your right to privacy or publicity), you agree to first contact the Company and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve the dispute informally, the Company may, at its sole discretion, require users located in the United States to submit any disputes to final and binding arbitration in the State of California, under the Rules of Arbitration of the American Arbitration Association, applying California law. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Services.
ALL SUCH USERS AGREE TO WAIVE THE RIGHT TO TRIAL, EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. YOU MAY REVIEW THE AAA RULES AT WWW.ADR.ORG.
No Class Actions:
You and the Company agree that all users located in the United States may only bring disputes against the Company on their own behalf, and not on behalf of any other person or entity, or any class of people. You and the Company agree not to participate in any class action, class arbitration, or consolidated disputes.
Limitation On Time To File Claims:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Severability:
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
Modification of Terms and Conditions
We may change, modify, or update these Terms and Conditions at any time and will notify you of any such changes by a prominent notice displayed on our website at least 10 days prior to implementing the change. We recommend that you check the Terms and Conditions when you visit our website to be sure that you are aware of our most current policies.
By continuing to use this website, you agree to be bound by the most updated version of these Terms and Conditions, whether you have read them or have had the opportunity to read them and have chosen not to.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: [email protected]
These Terms and Conditions are fully effective as of Thursday, May 16th, 2024.
Last Modified: May 16th, 2024
Along with our Privacy Policy, please feel free to review our Terms and Conditions.
We value and respect your privacy, and are committed to protecting it under this Privacy Policy. Here we describe the types of information that Nickola Inc (“We,” “us” or “our”) may collect from you (“User,” “you,” or “your”) or that you may provide through communications with us or other third parties, or when you use or access the website www.nickolastudio.com (the “Website” or “Services”). Please read this Privacy Policy carefully to understand our policies and practices for collecting, using, maintaining, protecting and disclosing your information.
Privacy Policy Consent:
Please read this Privacy Policy carefully and in its entirety before using the Services,. You, as a visitor and/or user of our website, agree to the following Privacy Policy, and your access and/or use of our website, products, and/or services constitutes your voluntary acceptance to be bound by its terms, whether you have read it or have had the opportunity to read it and have chosen not to. Your use of our website, and any information that you contribute or provide to us, is subject to this Privacy Policy.
Changes to this Privacy Policy:
We may revise this Privacy Policy from time to time. We shall notify you when such updates are made, and all changes are effective immediately when we post them. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this Privacy Policy to check for any changes. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children’s Online Privacy Protection Act (COPPA):
In accordance with the Children’s Online Privacy Protection Act (COPPA) and the General Data Protection Regulation of the EU (GDPR), our Services are not intended for children under 18 years of age. No one under age 18 may provide any personal information on the Services, and we do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Services, or on any of its features, do not make any purchases through the Services, register on the Services, or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at: [email protected].
CAN-SPAM Act of 2003:
We have taken the necessary steps to ensure that we are in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 and will not send misleading information.
Information you Provide:
Information you provide to us on or through the Services may include:
Information you provide while creating your account, including your name, phone number, email address, Facebook account information, country, age, profile name, or other information by which you may be identified (“personal information”).
Information you provide by filling in forms on the Services, posting materials, or typing search queries.
Information you provide when you contact customer support or report a problem with the Services, including your email address, and records and copies of such correspondence.
User Contributions: You also may provide information to be posted, submitted, published, displayed, or transmitted (“posted”) on public areas of the Services, or to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Payment Information: All payments are processed by third-party payment processors, and all payment information that you provide is provided directly to such third parties. However, we may receive information, such as payment confirmation or receipts, from other third parties processing your payment.
How We Use the Information You Provide:
We will not sell or trade your personal information.We will not transfer your personal information unless we give you advance written notice or need to comply with our legal obligations, resolve disputes, and/or enforce our agreements.
Depending on how you interact with us, we use your personal information to:
Process and fulfill an order, download, subscription, or other transaction;
Respond to your requests, inquiries, comments, and concerns;
Send marketing emails; remarketing emails and future advertisements.
Inform you of and administer promotions, contests, sweepstakes, or surveys;
Help us address problems with and improve our Website, products, and Services;
Estimate our audience size and usage patterns, and improve performance and speed of the Services;
Protect the security and integrity of our Website;
Contact you for other business reasons, if necessary.
Use of Cookies:
“Cookies” are small text files that are placed on a computer or other device and used to identify the user or device and to collect information when you visit a website.
We use absolutely necessary cookies, which allow you to move around our website and use its features. We also use performance cookies for future advertising goals and data insights about our customer’s online behavior regarding our site and products. We use Shopify, Honeybook, Google Analytics, Facebook Pixels, Flodesk, Tiktok Pixels, Pinterest Pixels, Facebook Tags, and have the rights to use The Google Marketing Suite in the future if we deem it beneficial for our nickolastudio.com or any of our products or services.
You can disable cookies through your web browser’s settings, but disabling this function may diminish your experience on our website as some features may not work as intended.
“Do Not Track” (DNT) Signals:
Some browsers transmit Do Not Track (DNT) signals to websites.
Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers.
How the Information is Shared and Stored:
Depending on how you interact with us, we share information with our third-party service providers, agents and representatives, including, but not limited to, Honeybook, Shopify, Showit, Wordpress, GoDaddy, PayPal, Mailchimp, Google Analytics, Facebook, Instagram, Pinterest, Facebook Ad Manager, Tiktok, Pinterest, Flodesk, and other software service providers. In order to process the information as necessary to complete a transaction, fulfill your request, or otherwise on our behalf based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
Our current third-party service providers include:
Showit - Website Design
Stripe - Payment Processing
Shopfy - Payment Processing
Honeybook - Contracts, Invoices, and Payment Processing
Godaddy – Domain Hosting
Flodesk – Email Marketing
Facebook – Social Media and Community Engagement
Instagram - Social Media and Community Engagement
Tiktok - Social Media and Community Engagement
Pinterest – Advertising and Marketing
Google Workspace Suite – Email
Information Retention:
We retain your personal information for as long as necessary to fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements, or until such time as you let us know you would like for us to delete it or unsubscribe from our marketing contacts.
Disclosure of Information:
User Disclosure: Certain information that you provide through the Services may be available to others who use the Services, including your name, profile, phone number, status or User Contributions. Other users that you communicate with may store or re-share your information with others.
Aggregated Data: We may disclose aggregated information (statistical data that does not identify any individual) about our users without restriction.
Company Disclosure: We may disclose personal information that we collect or you provide:
To buyers or other successors in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, in which personal information held by the Company about our Services users is among the assets transferred.
To subsidiaries, affiliates, contractors, service providers and other third parties we use to support our business, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
If we reasonably believe disclosure is necessary or appropriate to enforce our Terms of Use, protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, credit risk reduction, billing and collection purposes.
To comply with any court order, law or legal process, including to respond to any government or regulatory request.
To fulfill the purpose for which you provide it, or any other purpose disclosed by use with you provide the information. For any other purpose with your consent.
Information Protection and Security:
Our website uses commercially acceptable security measures to prevent your personal information from being lost, used or accessed in an unauthorized way. We use a Secure Sockets Layer (SSL) certificate and never transmit your credit card information via email. If you receive an email from us that appears to be a request for personal information, do not respond because it may be a phishing scam designed to steal your personal information.
Unfortunately, the transmission of information via the internet can never be completely secure. Although we do our best to protect your personal information, we cannot guarantee that your personal information will always be secure. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. Should there be a data breach, we will immediately notify you when we are legally required to do so.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about providing information in public areas of the Services like messaging threads. The information you share in public areas may be viewed by any user of the Services.
Use and Transfer of Your Information Out of the European Economic Area (EEA)
This website is operated in the United States and the third parties with whom we might share your personal information (as explained above) are also located in the United States or other countries located outside the European Economic Area.
If you are located outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.
Your Rights to Control Your Information:
You can unsubscribe from our e-newsletters or updates at any time through the unsubscribe links found in the communications you receive from us.
If you are covered by the General Data Protection Regulation (GDPR), you may have rights under European and other laws to have access to your personal information and to ask us to rectify, erase and restrict the use of your personal information. You may also have the rights to object to your personal information being used, to ask for the transfer of personal information you have made available to us, and to withdraw consent to the use of your personal information. Further information on how to exercise your rights is set out below.
We will honor your rights under applicable data protection laws. You have the following rights under European laws, and may have similar rights under the laws of other countries:
Right of access: to make a written request for access to and a copy of your personal information
Right to rectification: to have your inaccurate personal information corrected or removed
Right to erasure ('right to be forgotten'): to have your personal information erased
Right to restriction of processing: to limit the purposes that your personal information may be used for
Right to object: to object to the processing of your personal information in cases where our processing is based on direct marketing, processing for scientific/historical research and statistics, legitimate interest processing, and processing in regards to the performance of a public interest or official authority task
Right to data portability: to have your personal information transferred to you or a third party in a machine-readable format
Right to withdraw consent: to withdraw your consent that we handle your personal information at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on your consent before its withdrawal.
If you’d like to exercise any of these rights, please reach out to our dedicated support team via email.
These rights are not absolute and they do not always apply in all cases.
Filing a Complaint:
If you are covered by the GDPR, and you are not content with how we manage your personal information, you may lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you are a resident, work, or where the alleged infringement of data protection laws took place.
Contact Us:
If you would like to “opt out,” exercise your rights under the GDPR, or have any questions, comments, complaints, or suggestions in relation to data protection or this Privacy Policy, or any other concerns about the way in which we process information about you or you wish to change your personal information in our records, please contact us by email: [email protected].