Table of Contents
Effective as of April 15, 2020
Your Acceptance
This is an agreement between SculptingStudio.com (“SculptingStudio”), a company based in Washington state, which is the owner and operator of https://SculptingStudio.com (the “SculptingStudio Site”), the SculptingStudio software, and the SculptingStudio mobile apps (collectively “SculptingStudio”, the “SculptingStudio Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TO SCULPTINGSTUDIO’S PRIVACY POLICY, WHICH CAN BE FOUND AT https://SculptingStudio.com/privacy-policy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
Allowable Content and Acceptable Use
At SculptingStudio our focus is creating a positive and helpful experience for our users. We want SculptingStudio to be convenient, safe, and fun for you and your communities. This means there are a few rules. You may NOT:
- Violate any law or regulation.
- Send unsolicited or unauthorized advertising or commercial communications, such as spam.
- Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services.
- Use automated methods to use the Site or Services.
- Stalk, harass, bully, intimidate, or harm another user.
- Post unlawful, harmful, obscene, or pornographic content.
- Impersonate someone.
- Post content that is hateful, threatening, harmful, incites violence; or contains graphic or gratuitous violence.
- Use SculptingStudio to do anything unlawful, misleading, malicious, or discriminatory.
- Post content you do not have the right to transmit.
- Post content that infringes on trademarks or copyrights.
- Post viruses or malicious scripts.
- Post spam or link bait.
- Attempt to circumvent any technological measure implemented by SculptingStudio or any of SculptingStudio providers or any other third party (including another user) to protect the Site or Services.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services.
- Advocate, encourage, or assist any third party in doing any of the foregoing.
Rights Reserved
At its discretion, SculptingStudio may permanently cancel accounts of users who violate the Terms of Service. SculptingStudio reserves the right to view. SculptingStudio reserves the right to remove objectionable content without notice. SculptingStudio can remove any content or information you post at SculptingStudio if we believe that it violates our Terms of Service.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms.
SculptingStudio reserves the right to ban users that do not comply with its Terms of Service as assessed in SculptingStudio’s sole discretion and interpretation of its Terms of Service. Users may not be notified when any of this occurs. Banned users may contact SculptingStudio Customer Support to request more information. We reserve the right to respond or not respond to such requests. Please comply with the rules in SculptingStudio’s Terms of Service.
While we have the right to monitor activity and content associated with SculptingStudio, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using SculptingStudio, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at SculptingStudio or endorse any opinions expressed at SculptingStudio. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
There are no fees for use of many of the features on SculptingStudio. However, premium features and subscriptions are available for purchase by SculptingStudio members for additional services the company may offer.
SculptingStudio may change the fees and/or benefits associated with premium features from time to time or may immediately suspend or terminate premium features for any or no reason and without advance notice or liability.
When you purchase a premium feature that is paid for by you through recurring payments, you agree that you are authorizing recurring payments, and that such payments and thereby subscription will be made by the method and at the recurring intervals you have agreed to, until the subscription is terminated by you or by SculptingStudio. You may cancel a subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period.
If you break any of SculptingStudio’s terms in the use of your SculptingStudio account and/or in the use of its premium features and subscriptions, in addition to other actions we may take, we may cancel any or all of your premium features and subscriptions immediately and no refund will be granted for any payments you have made.
SculptingStudio uses the services of established 3rd party vendors for all payments and payment information. SculptingStudio stores no payment information on its servers and is not liable for any breach of payment information or loss that occurs with the payment vendor.
Due to storage limitations and expenses, SculptingStudio reserves the right to close and delete any user account that has not been logged in for a period of 6 months or more. SculptingStudio will notify any such users whose accounts it intends to delete, by email or SMS, if they have been inactive for greater than 5 months and provide those users with a minimum of 30 days notice and options on how to keep their content and account at SculptingStudio or how to download their content onto their personal computers. SculptingStudio will give one final notice at least 48 hours prior to deleting an account.
Who Our Services Are For
The use of SculptingStudio is for all persons age 16 and over who agree to these Terms of Service. SculptingStudio Terms of Service and Privacy Policy are in force and applicable for all times when users are specifically within the walls of SculptingStudio and not engaged in any activity with 3rd party sites. Persons age 16 and over may also connect to 3rd party sites in which they have accounts, such as SculptingStudio, etc., through SculptingStudio convenient “Social Networks” services. When connected to and engaged in 3rd party sites through SculptingStudio, you agree and understand that while you are posting, commenting, sharing, etc., content with 3rd party sites, you and your content are in those moments under the legal authority of that 3rd party site and the privacy and terms policies of that 3rd party site. This also applies if you click on an advertisement or coupon. SculptingStudio is not responsible or liable for any damage or loss related to your use of any third-party website or online service. You should always read the terms and conditions and privacy policy of a third-party website or online service before using it, whether directly or in connection with your use of the Site or Services.
Privacy
Your personal privacy and data privacy are very important to us. You are responsible for maintaining the confidentiality of your SculptingStudio account information, including your username and password. You are responsible for all activities that occur under your SculptingStudio account and you agree to notify SculptingStudio immediately of any unauthorized access or use of your SculptingStudio account. SculptingStudio is not responsible or liable for any damage or loss related to any unauthorized access or use of your SculptingStudio account. For more information on the importance and protection of your privacy at SculptingStudio, please see our Privacy Policy.
User Content Ownership
Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of SculptingStudio (“User Submissions”) are owned by the party contributing such content. As a user of SculptingStudio, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using SculptingStudio you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
SculptingStudio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through SculptingStudio is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using SculptingStudio.
Passwords
You are responsible for safeguarding the password that you use to access SculptingStudio and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. SculptingStudio cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Fake Accounts
You may not register or create fake and misleading accounts. While you may use SculptingStudio pseudonymously or as a parody, commentary, or fan account, you may not use misleading account information in order to engage in spamming, abusive, or disruptive behavior, including attempts to manipulate the conversations on SculptingStudio. Some of the factors that we may take into account when determining whether an account is fake include:
- Use of stock or stolen avatar photos
- Use of stolen or copied profile bios
- Use of intentionally misleading profile information
More on Spam
You may not use SculptingStudio services for the purpose of spamming anyone. Spam is generally defined on SculptingStudio as bulk or aggressive activity that attempts to manipulate or disrupt SculptingStudio or the experience of users on SculptingStudio to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we take into account when determining what conduct is considered to be spamming include:
- if your posts or comments consist mainly of links and/or are shared without commentary;
- if a large number of people have blocked you in response to high volumes of untargeted, unsolicited, or duplicative content or engagements from your account;
- if a large number of spam complaints have been filed against you;
- if you send large numbers of unsolicited posts, comments, replies or mentions;
- if you add users to lists in a bulk or aggressive manner;
- if you repeatedly post other people’s account information as your own (e.g., bio, posts, comments, profile, user URL, etc.);
- if you post misleading, deceptive, or malicious links (e.g., affiliate links, links to malware/clickjacking pages, etc.);
- Accounts created to replace or mimic suspended accounts may be permanently suspended.
- We may also remove accounts which SculptingStudio at its discretion attributes to entities known to violate the SculptingStudio Terms of Service.
Our Commitment To Data Security
SculptingStudio uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to SculptingStudio and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the SculptingStudio Service is never recommended. Once we receive your transmission of information, SculptingStudio makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If SculptingStudio learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. SculptingStudio may post a notice on the SculptingStudio Site or through the SculptingStudio Service if a security breach occurs.
SculptingStudio Content Data
SculptingStudio Log Data
When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (including device and application IDs). We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through SculptingStudio. SculptingStudio uses Log Data to provide, understand, and improve our Services. We either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after a maximum of 12 months.
Your Data Portability
At any time you can retrieve your entire Content Data package from SculptingStudio, using the “Download Your Content” feature in your account. When you select this feature, you will be able to download your Content Data to your personal device and decide how to migrate that data anywhere you choose.
Deleting Your Account – Right to Erasure
At all times you have an easy way to opt out of our service and delete your account as well as ALL of your Content Data, if you do not wish to continue using our services. You can find this in your “Settings” where it says “Delete My Account.” When you delete any of your Content Data, or delete your entire account, we delete your Content Data and remove your account from our production servers as soon as is technically possible based on our infrastructure design including a 30-day delay to insure the deletion request was made by you, etc. The more data you delete, the longer will the deletion process take due to load balancing protections on our servers. After we’ve deleted your Content Data from our production servers, that same data may remain in our backups for a limited period of time (maximum of 7 months) due to protection regulations and our protocols for backup content protection. We secure your data that temporarily remains on our backups with additional security protocols. If we ever need to restore our backups into the main servers of SculptingStudio (in a rare instance, for example recovering from a natural disaster), if any of your Content Data you have previously deleted from our main servers is still on our backups in that moment, it will be deleted prior to or right after the backups are moved to the main servers.
Notification of Requests for Account Information
SculptingStudio’s policy is to notify users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so (e.g., an order under 18 U.S.C. § 2705(b)). Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected users when prior notice is prohibited.
Policies for Orders, Shipping, Returns, Exchanges
These specific policies are included herein by reference from the Customer Help section.
Common purchase queries answered
Orders and Shipping
Domestic orders normally arrive within 1-3 days by USPS Priority mail UPS ground could take a few days more. 3-7 days of shipping, unless otherwise noted.
International orders normally arrive within 5-10 days of shipping. Please note international orders need to pass through customs in your country before it will be released for final delivery, which could cause a delay.
Please note that shipping delays will occur if you provide an incorrect address at checkout.
If your package is returned to us due to a shipping error, we’ll reach out to you via your email address provided from your order. If we don’t get a response within 5 business days, we reserve the right to refund your order minus shipping and restocking fee.
You can create an account by going to My Account and Register by entering your email address.
Login and go to My Account and click on Addresses located in the left side bar.
Prior to shipping, You may also acquire your order status and other live updates by logging in to My Account.
When your order ships, we will notify you via email. Included in your email will be a tracking number for your shipment. We encourage you to track your package online or on the phone with the carrier. Most carriers can provide an estimated delivery date. Be sure to contact us if anything seems unusual with the progress of the shipment.
No. Your credit or debit card information entered online is processed by our card processor and not stored in the cloud or computer database. If you call and place an order, your credit or debit card information is processed followed by destruction using a micro cut shredder.
Most likely yes! We ship almost everywhere in the world. To find out if we ship to your country, place an item in your cart, select View Cart, and then Checkout. In the first checkout step- Shipping Info- select the ‘Country’ pull-down menu. If your country is included in that list, then we ship to you! If your country is not included, you, unfortunately, won’t be able to place an order. In this case, we’d suggest having a friend from another country order for you and forward the shipment to you.
Most shipments come in one package. There are occasions where multiple packages are required because of the size or weight. We will send you multiple tracking numbers if we send multiple packages.
If you need to swap or return an item
Returns, Exchanges, Cancellations
Items can be returned up to 30 days from date of purchase date. To ensure your return or exchange is processed promptly and accurately, call us or use the contact form. We will provide you with a Return Merchandise Authorization (RMA) number and instructions for returning your item(s). Please make sure you write this number on the outside of the package you send back to us. Returns without an RMA # will not be processed but will be retained for no more than 180 days.
It is your responsibility to return the item to us.
Additional Information:
- Be sure to clearly label your items with the information provided to you by the customer service representative.
- There is a 25% restocking fee on merchandise returned/exchanged for any reason other than a product shipping damage.
- Once your package is shipped, the shipping and handling charge is not refundable unless there is a product shipping damage.
- Please inspect your package immediately upon receipt for shipping damage. You must notify the carrier and us within three (3) days of receipt of any shipping damages. We cannot take responsibility for shipping damage beyond this point.
- Returns/Exchanges will not be accepted after 30 days from the purchase date.
- Returned item must be in saleable condition to be sold again to another buyer: We offer refunds as long as the goods are in saleable condition.
- We cannot accept returns for items damaged in transit where that damage is not reported to the carrier and us within three (3) days of a customer accepting that shipment. Damages must be reported immediately. Do not ship damaged items back without an RMA.
Unbridled Fulfillment
203 Mission Ave, Ste 201
Cashmere, WA 98815
You should insure your return and get tracking.
No problem, call us or fill out the contact form.
Best way is to call or fill out the contact form us as quickly as possible. If you cancel your order prior to shipment and it is not a backordered item, there is a 5% processor’s fee if the purchase was made with a E-check, PayPal, AmazonPay, Affirm, Credit or Debit Card. If an order is shipped prior to cancellation, there is a 25% restocking fee.
If you placed an order for an item on backorder or special purchase, there is a 25% stocking fee and a 5% processor’s fee if the purchase was made with a E-check, PayPal, AmazonPay, Affirm, Credit or Debit Card.
Guidelines for Law Enforcement Seeking Customer Data (Worldwide)
Like all service providers, SculptingStudio is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. The following guidelines apply to all customer data hosted by SculptingStudio.
a. Service of Legal Process
Preservation requests, subpoenas, or search warrants from U.S. law enforcement or civil investigative agencies seeking data regarding SculptingStudio’s customers may be personally served at, or mailed to the address below. SculptingStudio will only respond to requests from non-U.S. law enforcement agencies that are issued by a U.S. court either by way of a mutual legal assistance treaty or a letter rogatory. Civil subpoenas require personal service and will not be accepted via fax.
b. Valid Legal Process is Required Before Disclosure
For all SculptingStudio customers disclosure is governed by U.S. law, including the Federal Stored Communications Act (the “SCA”), 18 U.S.C. Sections 2701-2712, as well as by our own Terms of Service and Privacy Policy. In general, we will turn over “basic subscriber” records (i.e., name, email address, phone number, and so on) in response to a valid subpoena that is issued in connection with an official criminal investigation. However, we require a search warrant issued upon a showing of probable cause under relevant state or federal law before we will turn over user content stored on our servers, such as posts, photos, videos, documents, etc. Requests by law enforcement agencies require a valid search warrant or equivalent from an agency with proper jurisdiction over SculptingStudio.
SculptingStudio Rights
Indemnity
By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless SculptingStudio, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of SculptingStudio; ii) unauthorized access to or alteration of your communications with or through SculptingStudio, or iii) any other matter relating to SculptingStudio. Any business transactions which may arise between users from their use of SculptingStudio are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will our total cumulative liability exceed US $10.00.
Ownership In and To The Site and Services
Other Provisions
SculptingStudio.com is provided by a company based in Washington Sate.
Under no circumstances will SculptingStudio be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of SculptingStudio to enforce any right or provision of these Terms will not prevent SculptingStudio from enforcing such right or provision in the future.
SculptingStudio reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
These Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Chelan County, Washington. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Contact Information
SculptingStudio.com
203 Mission Ave Ste 201
Cashmere, WA 98815 US
+1 206-274-9114
admin@SculptingStudio.com