Terms and Conditions

Welcome and thank you for being here!

It’s important that we’re both legally protected while you’re visiting my little slice of the internet, hence the unfluffy Terms & Conditions below, which covers our respect for one another, such as:

  • Valuing each other’s work, art, products and services – not copying it or using it illegally, inappropriately or without acknowledgement or permission.
  • How we communicate with each other, including Posting Guidelines – please have fun, be polite & professional.
  • Our rights and expectations of one another – look out for Intellectual Property, Limitation of Liability purple text, and the Refunds + Cancellation Policy.
  • How important your Privacy is to us.

Terms and Conditions Policy

Definitions

“User / Users / You / Your” means any person that accesses the website and is not employed or hired by Jeda Pearl Creative. 

“We / Us / Our” means Jeda Pearl Creative.

“Services” means the products and services available to you through this website, including but not limited to online facilities, tools, digital and physical products, digital and physical services, consultancy services, memberships, information, articles, content, materials.

“Content / Materials” means any text, media, graphics, logos, icons, images, audio clips, video clips, documents, coursework, data compilations, software and any other form of information capable of being stored in a computer that appears on or forms part of this Website.

“Website” means the website that you are currently using (jedapearl.com, jedapearl.co.uk, storytellingsirens.com, whatthedreamerdidinext.com and/or nurtureyouraudience.com) and any sub-domains.

1. Who we are

We are Jeda Pearl Creative, owned and operated by Jeda Pearl Lewis who’s pen name is Jeda Pearl. We are based in Scotland, UK. Our website address is: https://jedapearl.com. This website is suitable for adults and young people aged 16 years and older. Find out more about us.

2. Sharing our website content

First refer to ‘Intellectual Property’ below. When sharing public content on social media, please include an acknowledgement, for example:

  • On social media: Please tag me, include my name or account handle, eg @jedapearl.
  • In other digital media (your blog, video, email, etc): Please include my pen name, Jeda Pearl, and link back to the original post or webpage.
  • In printed mediacontact Jeda for her bio and include: Jeda Pearl, jedapearl.com, @jedapearl

3. Age Restrictions

The content on this site is typically intended for adults. If you are under the age of 16, you must get your parent/guardian’s permission before you use this site and particularly before you submit any personal information to us.

4. Lawful Purposes and Safer Spaces

4.1 You may use the website, products and/or service for lawful purposes only.

4.2 You are financially responsible for all purchases made by you or someone legally acting on your behalf through the website.

4.3 You shall not post, submit to us, or send through the website any material which:

  • violates or infringes the rights of others
  • is threatening, abusive, defamatory, libellous
  • 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
  • gives rise to civil liability, or otherwise violate any law.

4.4 We will not tolerate racism, anti-Blackness, colourism, xenophobia, misogyny, sexism, transphobia, homophobia, misgendering, ableism, Islamophobia, anti-Semitism, ageism or any abusive or threatening behaviour – see our Posting Guidelines for a full list.

4.5 We welcome people from all backgrounds, all ages, sexual orientations, genders, nationalities, religions and beliefs, including BIPOC, LGBTQIA+, disabled, chronically ill, working-class, women, and/or non-binary people – see our Posting Guidelines for terminology.

5. Intellectual Property

5.1 Our Intellectual Property, Copyright, Rights and Usage

5.1.1 Website and Business Copyright Notice: © Jeda Pearl Creative, All Rights Reserved. The content of this website is protected by the copyright laws of Scotland and by international laws and conventions.

5.1.2 Literary and Artistic Works Copyright Notice: © Jeda Pearl Lewis (pen name Jeda Pearl), All Rights Reserved. Jeda Pearl Lewis’ (pen name Jeda Pearl) literary and artistic works are protected by the copyright laws of Scotland and by international laws and conventions.

5.1.3 All material (content and art) on the website, including but not limited to, text, media, graphics, logos, icons, images, audio clips, video clips, documents, coursework, materials, data compilations, page layout, underlying code and software are the property of Jeda Pearl Creative, Jeda Pearl Lewis (pen name Jeda Pearl), our affiliates or other credited relevant third parties.

5.1.4 By continuing to use the website, you acknowledge that such material is protected by applicable Scottish, United Kingdom and international intellectual property and other laws.

5.1.5 You may not reproduce, copy, revise, re-use, distribute, gift, sell such material unless you have been given individual written permission by Jeda Pearl Lewis.

5.1.6 You may share public material on social media or by embedding with appropriate acknowledgement by tagging @jedapearl or including a link to the original page.

5.1.7 Some private or subscriber-only material, for example, documents in the Vault, may have a Permission of Personal Use Licence. Unless otherwise noted, this licence is typically an Attribution-NonCommercial-NoDerivatives 4.0 International.

Creative Commons Licence

5.1.8 Some projects and clients may be granted a Permission of Commercial Use Licence with permissions and exclusions explained in their contract.

5.1.9 Fair Use of Our Intellectual Property: Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply, for example, non-commercial archival or educational temporary copies; or public journalism, criticism or review accompanied by sufficient acknowledgement – please refer to the legislation.

5.2 Your Intellectual Property Rights to Your Materials

5.2.1 We claim no intellectual property rights over your material (content and artworks) supplied to us. You retain copyright and any other rights you may rightfully hold of your own intellectual property, design, literary and/or artistic works.

5.2.2 By posting material on the website, you grant us a worldwide, royalty-free, nonexclusive, license to use the material for informational, promotional, and development purposes. We always aim to give sufficient acknowledgement of any materials shared.

5.2.3 Material shared as part of a project or collaboration will include copyright, intellectual property rights and specific publishing rights and licences as part of your contract.

5.2.4 You agree to hold Jeda Pearl Creative harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

5.3 Materials you submit to us

5.3.1 All materials your submit to us, you agree you have the authority to use and distribute, and that the use or display of the materials does not violate any laws, rules, regulations, or rights of the owner. 

5.3.2 You shall not submit to us, upload, post, or otherwise make available on the website any materials (for example, artwork, photographs, writings, data) protected by copyright, without the written permission of the owner of the copyright owner.

5.3.3 This responsibility is yours. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. 

5.4 Third-Party Intellectual Property

5.4.1 Unless otherwise noted, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products or artworks.

5.4.2 You may not reproduce, copy, revise, re-use, distribute, gift, sell, or re-use such material unless you have been given individual written permission by the owner, manufacturer or supplier.

5.2.3 If you believe that material on or linked to by Jeda Pearl Creative violates your copyright, you are encouraged to notify us in accordance with the World Intellectual Property Organization (WIPO) Copyright Treaty. We will respond to all such notices, including removing the infringing material or disabling all links to the infringing material.

6. Privacy and Confidentiality

Privacy and confidentiality is important to us. Please refer to our Privacy Policy.

7. Comments and messages

Please refer to our Posting Guidelines before posting comments or contacting us.

8. Services, Orders, Pricing, Refunds

8.1 Provision of Services

8.1.1 We endeavour to provide our services with reasonable skill and care.

8.1.2 Whilst every effort has been made to ensure that all descriptions correspond to the actual services, we are not responsible for slight variations. 

8.1.3 If a product or service is incorrect or not to your liking, please contact us immediately or as soon as possible to let us know. We aim to correct mistakes or begin to resolve the issue within 7 working days.

8.2 Pricing

8.2.1 All pricing information on the website is correct at the time of publishing. 

8.2.2 Prices are typically charged in £ GBP. Please refer to a reliable currency converter.

8.2.3 We reserve the right to change prices, alter or remove any special offers from time to time, as we deem necessary.

8.3 Payment

8.3.1 We do not collect or store or process any of your financial details. We use secure payment processors, like PayPal or Gumroad, to do that for us.

8.3.2 If you have a month-to-month subscription or instalment plan with us, the subscription or instalment plan renews automatically and your credit/debit card will be charged the fees stated at the time of purchase.

8.3.3 If you have a retainer or project contract with us, payment/s will be requested on the date/s agreed in your contract.

8.3.4 All other provision of products or services shall commence when full payment has been received.

8.4 Additional fees and international payments

8.4.1 We generally expect to absorb processing fees at our end, such as payment request fees, transaction fees and currency conversion fees.

8.4.2 However, we cannot be held liable for any bank charges due to insufficient funds, additional credit card, currency conversions or transaction fees charged to the Purchaser at their end.

8.4.3 For some projects, we may use international transfer companies like WorldRemit to process international payments at reduced international transaction fees.

8.4.4 Late fees: Unless otherwise specified in writing by us, invoices not paid within 30 days of the invoice date will accrue the statutory late fee of £40 and, thereafter, interest at the statutory interest rate of 8% + the Bank of England base rate, per month.

8.5 Order Confirmation

8.5.1 You will receive an automated email from us confirming your order. You may also receive an email from the payment processor.

8.5.2 If there is an error, please contact us as soon as possible.

8.6 Refunds, Returns, Cancellation and Termination

8.6.1 Excluding Force Majure, and unless specified within an individual product or service description or your project contract, refunds will be given as follows:

  • Digital instant access products and courses: refunds will generally not be given for instant downloadable products and instant full-access courses.
  • Monthly subscriptions: cancel at any time. Typically paid one month in advance, refunds will generally not be given. You will not be charged from the following month onwards.
  • One-off classes and workshops: at least 48hrs cancellation notice to claim a full refund. At our discretion for cancellations due to illness.
  • Courses: Refunds will be given within the first 10 days of course commencement.
  • Physical products: may be returned, in good condition, within 28 days of recieving your order. You are responsible for the cost of delivery. You may want to use a signed-for service. We are based in Edinburgh, Scotland. Please contact us for our street address.
  • Events: if you have hired us for a reading, performance, panel or event, we expect at least 14 days notice. If cancelled within 13 days or less of event date, we expect to be paid in full.
  • Consulting, services and project work: for consultations, retainers, services and contracted projects, unless otherwise indicated in your contract, 28 days cancellation notice is required. Consulting services cancelled within 27-15 days of start date will be charged a ‘kill fee’ of £150 and if cancelled within 14 days or less of start date the ‘kill fee’ will be £300.

8.6.2 If we cancel an order, product, service, booking, or project (before it starts) we will offer a full refund. If we cancel a project after it starts, we will offer a refund on the work yet to be carried out.

8.6.3 We reserve the right to refuse service to any order, person or entity. Typically a reason will be given, but we reserve the right to refuse service without giving a reason. No order is deemed accepted by us until payment has been processed. 

8.7 Accounts

8.7.1 In order to buy or use some of our products or services, you may be required to create an account.

8.7.2 Please read our Posting Guidelines before choosing a username.

8.7.3 Please do not share your account details (username and password). We accept no liability for any losses or damages incurred as a result of you sharing your account details

8.7.4 If you use a shared computer, it is recommended to not save your account details in your internet browser.

8.7.5 Unauthorised use: if you believe that your account details have been obtained by another person without your consent, please contact us immediately, so we can suspend your account and cancel any unauthorised orders or payments.

8.7.6 You may terminate your account at any time. Any non-completed orders or payments will be cancelled and any outstanding monies paid will be refunded. If we terminate your account, you will be notified by email. Typically a reason will be given, but we reserve the right to terminate an account without giving a reason.

9. Legal Information

9.1 Disclaimers

9.1.1 Availability and your use of the website

9.1.1 a The website is provided ‘as is’ and on an ‘as available’ basis. We give no warranty that the website will be free of defects, errors and/or faults. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, security, and satisfactory quality.

9.1.1 b We accept no liability for any disruption or non-availability of the website resulting from external causes including but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

9.1.1 c Whilst we use reasonable endeavours to ensure the website is secure and free of errors, viruses and other malware, all users are advised to take responsibility for their own security, that of their personal details and their computers.

9.1.2 Links to other websites

We may sometimes provide links to other websites. We have no control over the content on other websites and are not responsible for their content. Inclusion of a link to another website does not imply our endorsement. We are not liable for any and all forms of loss or damage arising out of the use of other websites.

9.1.3 Your results

9.1.3 a We make no guarantee of any specific results from the use of our website, products or services. We neither warrant, represent nor imply that you will derive any benefit, financial or otherwise, from your use of this website, products or services.

9.1.3. b Results derived from the use of this website, products or services will vary from one user to another and will depend upon a user’s own input, efforts, circumstances, knowledge and experience.

9.1.4 Affiliate Disclaimer

9.1.4 a We may be compensated when you purchase from an affiliate provider through a link on our website or newsletter.

9.1.4 b Such goods and services are sold by providers we know and trust, that we believe will benefit you. However, our recommendation does not guarantee your experience with the recommended products and or services, and we assume no liability for the recommendation of affiliate products and/or services.

9.2 Force Majeure

‘Force Majeure’ means the occurrence of an event or circumstance that prevents an affected party from performing one or more of its contractual obligations, where:

  • the impediment is beyond their reasonable control
  • the impediment could not reasonably have been foreseen at the time of the conclusion of the contract
  • the effects of the impediment could not reasonably have been avoided or overcome

For example, Covid-19 was initially a Force Majeure Event due to being a fast-acting pandemic, but now we have been living with Covid-19 since 2020, it may no longer count as Force Majeure in some cases.

9.2.1 No party shall be liable or responsible to the other party, nor be deemed to have defaulted under 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 beyond the Impacted Party’s control, including, but not limited to, the following Force Majeure Events:

  • (a) a natural disaster or extreme weather event (for example fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), nuclear, chemical or biological contamination;
  • (b) epidemic, or pandemic;
  • (c) war (whether declared or not), invasion, hostilities, terrorist threats or acts, riot or other civil unrest;
  • (d) action by any governmental authority;
  • (e) sanctions, embargoes or blockades in effect on or after the date of this Agreement;
  • (f) national or regional emergency;
  • (g) strikes, labour stoppages or slowdowns or other industrial disturbances; and
  • (h) shortage of adequate power or transportation facilities.

9.2.2 The Impacted Party shall aim to give Notice within 14 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue, if known. The Impacted Party shall use diligent efforts to reduce the effects of the Force Majeure Event.

9.2.3 The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains for a period of 30 days after Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

9.3 Limitation of Liability

9.3.1 To the maximum extent permitted by law, Jeda Pearl Creative accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, punitive, exemplary or any other damages arising from the use of the Website or any information contained therein.

9.3.2 You use the website and its content at your own risk.

9.3.3 Additionally, Jeda Pearl Creative is not liable for damages in connection with:

  • Any failure of performance, error, omission, denial or service, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure
  • Loss of revenue, anticipated profits, business, savings, goodwill or data; and
  • Third-party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort or any other theory of legal liability.

9.3.4 Nothing in these Terms and Conditions excludes or restricts Jeda Pearl Creative’s liability for death or personal injury resulting from any negligence or fraud on the part of Jeda Pearl Creative.

9.3.5 The foregoing applies even if Jeda Pearl Creative has been advised or would have foreseen the damages. In those states or countries that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law, In no event shall Jeda Pearl Creative’s cumulative liability to you exceed the total purchase price of the service you have purchased from Jeda Pearl Creative and if no purchase has been made by you, Jeda Pearl Creative’s cumulative liability to you shall not exceed £100.

9.3.6 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

9.4 Indemnification

You shall indemnify and hold Jeda Pearl Creative harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the website or service(s). You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

9.5 No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

9.6 Governing Law, Jurisdiction and Recovery of Litigation Expenses

These Terms and Conditions and the relationship between You and Jeda Pearl Creative shall be governed by and construed in accordance with the Law of Scotland, United Kingdom and Jeda Pearl Creative and You agree to submit to the exclusive jurisdiction of the Courts of Scotland, United Kingdom.

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

10. Changes to this Policy

Jeda Pearl Creative reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law.  Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.

Updated: March 2022

Questions? Please contact us.

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