Terms and Conditions

Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Your access to and use of this website, as well as all related websites operated by Shelby Dillon Studio, LLC (which includes The Creative Circle, among others) is subject to the following Terms and Conditions and all applicable laws.

You have elected to join The Creative Circle Membership offered by Shelby Dillon Studio, LLC, a Florida limited liability company ("Shelby Dillon Studio", the “Company,” “we,” “us,” or “our”). By joining the Creative Circle, you (the Student) acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions including terms of membership and Privacy Policy, and agree that you are responsible for compliance with any applicable local laws. These terms and policies may change at any time without notice to you. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this membership are protected by applicable copyright and trademark law. The Creative Circle and Shelby Dillon Studio, LLC has the right to refuse service to anyone for any reason.

You agree that the website itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Creative Circle, by Shelby Dillon Studio, LLC, or by other third parties, as well as the look and feel of all of the aforementioned resources, are maintained for your personal use. All information provided in the Creative Circle is the property of the Company and/or our third-party providers. You agree that such content includes all proprietary videos, code, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Creative Circle, excluding only the materials you provide. Subject to your compliance with these Terms, Shelby Dillon Studio, LLC hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the course materials solely for your personal purposes.

No content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by Shelby Dillon Studio, LLC. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission from us.

Membership

We are so thrilled you have opted to join this supportive community of creatives and are ready to embrace education, mentorship, and fulfillment in your artistic practice. We want you to thrive, and to do so, we ask that you understand and follow the guidelines below.

Membership to the Creative Circle course grants the Student (“you”) temporary access while your dues are current. Monthly subscriptions grant access on a 30-day payment cycle and automatically renew. You may cancel at any time, and access to all course material will be terminated at the close of that payment cycle. Annual memberships are non-refundable.

You must be at least fifteen (15) years of age to enroll in the Creative Circle. Any minor (defined as an individual younger than 18 years) should review these Terms and Conditions with their parent or legal guardian prior to enrollment. Your membership is self-paced but should not interfere with academic or other scholastic or extracurricular commitments! 

Account Security

Your account is your own and may not be shared with another person, including your partner, family members, or friends. Sharing your account or course materials will lead to removal from the course and possible further legal action.  

Shelby Dillon Studio, LLC does not retain login information and might not be able to assist you in re-entering your account should you have trouble doing so. We are not privy to your sensitive login information for security reasons, though we are able to provide you a link to reset your Kajabi password should you forget it.

We will not intentionally disclose any personally identifying information about you to third parties, except where we, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By participating in the Creative Circle, you signify your acceptance of our Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not participate in the Creative Circle.

Intellectual Property 

You agree that the Creative Circle provides you access to proprietary information and material owned by the Company and/or its licensors and affiliates, subject to these Terms and Conditions.

Any use of the Creative Circle content not expressly permitted in these terms is strictly prohibited and infringes upon the intellectual property rights of the Company and/or its licensors.

All trade names, trademarks, and images and biographical information of people used in the Creative Circle, including without limitation the name and trademark “The Creative Circle” and “Shelby Dillon Studio, LLC”, are either the property of, or used with permission by Shelby Dillon Studio. Any unauthorized use of content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or on the website may be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without our express written consent or third-party owner. We respect the copyright, trademark and all other intellectual property rights of others. We reserve the right, but have no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced in the Creative Circle website or resources in any way, you may notify us in writing to 593 22nd Street South, St. Petersburg, FL 33712. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

If you send comments or suggestions about the Creative Circle website or content to us, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Shelby Dillon Studio and the Creative Circle. No submission shall be subject to any obligation of confidence on our part. We exclusively own all rights to (including intellectual property rights thereto), and are entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

Use

1. Permission is granted to temporarily download any downloadable materials on the Creative Circle’s website and social media groups for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose;
   3. use the materials for any public display (commercial or non-commercial);
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or 'mirror' the materials on any other server.
2. Permission is NOT granted to share: the content of this course; videos of you working on the projects from any of the lessons provided in the course; or teaching these methods online or in person.
3. Photos of your projects shared during your membership shall remain online even in the event that you terminate your membership.
4. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Shelby Dillon Studio, LLC at any time. 
5. A promotional offer or donation does not grant the participant any rights to continue access after the event or course is complete. There are no guarantees or rights granted to the user when participating in a promotion and the access can be removed or rejected at any time. Thank you for your generous donation.
6. We reserve the right to retire content without notification or compensation.
7. There is no guarantee of a time frame for the Creative Circle's existence, though longevity is our main objective!

Disclaimer of Warranties 

Neither Shelby Dillon Studio, LLC nor any other party involved in creating, producing, or maintaining the content of the Creative Circle will be liable under any circumstances for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of the website and related resources.

The Creative Circle content is provided on an “as is” and “as available” basis.

We make no warranty of any kind, whether express or implied, including but not limited to: warranties of title; availability; compatibility; implied warranties or conditions of merchantability and fitness for a particular purpose; and non-infringement of intellectual property or other violation of rights, to the fullest extent permitted by law. Specifically, but without limitation, we do not warrant that:

1. the Creative Circle content is correct, accurate, reliable or complete;
2. the functions contained through the Creative Circle will be uninterrupted or error-free;
3. defects will be corrected; or
4. the Creative Circle content, any sites linked to this site, or the server(s) that makes it available are free of viruses or other harmful components. Use of this website and the content available through the Creative Circle is at your sole risk and discretion. 

Accuracy and Revisions

The materials appearing on the Creative Circle website may include technical, typographical, or photographic errors. While we make our best effort to publish clear, accurate, understandable content, we do not guarantee that the materials are correct, complete, or current. We may make changes to the materials contained on our website and supporting platforms at any time without notice. We do not, however, make any commitment to update the materials.

Access 

We will use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the website and Creative Circle resources. Use of the Site is completely at your own risk.

Technical Requirements 

Please note that it is your responsibility to check that the computer and internet connection you plan to use to access this membership can handle high-definition video. You acknowledge and accept that Shelby Dillon Studio, LLC cannot be held responsible for any technical, performance, or service problems you encounter following the start of your Creative Circle membership. This includes native content provided by the Creative Circle and any performance or service problems caused by any third-party website or service providers. Any such problems will be governed solely by the agreement between you and that provider.

Links

We make our best effort to review all of the sites and materials linked on the Creative Circle website, Shelby Dillon Studio website, social media pages, marketing materials, and any supporting web pages. We do not assume responsibility for the contents of any such linked site. The inclusion of any link or external materials does not imply endorsement by the Creative Circle. Use of any such linked website is at the user's own risk.

Cancellation

We want you to enjoy your membership and feel fulfilled by your involvement in the Creative Circle. In order to get the most benefit, please make your best effort to review and absorb the content. It is designed for your success!  

However, if you feel this course or membership isn't for you, here's how to proceed:

You may cancel your membership at any time. You may cancel by contacting us at [email protected] . Membership fees for the Creative Circle are NOT refundable when you cancel. There are no refunds on annual memberships. If you cancel your membership, you will continue to have full access to the Creative Circle resources for the remainder of the term for which you enrolled. If you cancel the Creative Circle but later decide to re-enroll, you may have to wait until we establish a new enrollment period and join again at the current rate. Founding members will retain the promotional membership rate so long as their membership is active. No refunds or carry-overs will be granted in the event of cancellation during a promotional period. 

If your method of payment fails, we will notify you immediately and request that you provide a new or updated payment method. If you do not respond to the request within 7 days, your membership will be terminated.

Refund Policy

There are no refunds for memberships to the Creative Circle, but you may cancel your next payment anytime. For monthly plans, a billing cycle occurs every 30 days from the day you sign up. Annual plans are paid in full up-front. You will forfeit access to course materials when you cancel at the termination of the billing cycle for which you have paid.

Under certain circumstances, you can make a request for a refund by contacting us at [email protected]. Refunds for special circumstances are not guaranteed.

Due to the nature of online education, refunds will not be granted in the event that the Student’s resources do not support the course materials. Please ensure you have adequate internet speeds, computer's compatibility, up-to-date software, and active login credentials to participate in the Creative Circle.

Limitations

In addition to all of the limitations contained herein and within these Terms and Conditions, joining the Creative Circle is subject to the following conditions: 

1. We reserve the right to accept or refuse membership in our sole discretion.
2. We may send you email and other communications which may or may not be related to the Creative Circle, regardless of any request to limit said communications.
3. Your membership in the Creative Circle is personal, and you are not permitted to transfer or assign your membership or benefits to any other person or entity.
4. From time to time, Shelby Dillon Studio may choose in its sole discretion to add or remove the Creative Circle benefits, without notice to you.

Governing Law

Any claim relating to the Creative Circle’s website or supporting web platforms are governed by the laws of the owner, Shelby Dillon’s home jurisdiction without regard to its conflict of law provisions.

You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Florida without regard to Florida’s conflict of law principles. You agree to submit to the jurisdiction of any state court located within Pinellas County, Florida, and irrevocably agree that all actions or proceedings related to these Terms will be litigated in such courts.

Binding Effect 

Enrollment in the Creative Circle will be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties. You have no right to assign the enrollment in the Creative Circle, by operation of law or otherwise. Membership is NOT transferable.

Changes

Shelby Dillon Studio reserves the right at any time to modify the enrollment in the Creative Circle and to impose new or additional terms or conditions. Such modifications and additional terms and conditions shall be effective immediately and incorporated into the Creative Circle. Your continued enrollment in the Creative Circle will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s website or you may be notified by either email or postal mail.

Entire Agreement

The Terms and Conditions are absolute and unconditional and constitute the full, complete and entire understanding and agreement between you and the Company with respect to the subject matter hereof. By joining the Creative Circle, you acknowledge and affirm that you are not doing so in reliance upon any promises, representations, statements, warranties, covenants or undertakings not contained within these Terms. Any ambiguities in the Terms shall not be construed against the Company.

Waiver 

No failure to exercise and no delay in exercising any right, remedy, or power under these Terms will operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under these Terms preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity.

Severability

If for any reason any provision of the Terms and Conditions is determined to be invalid or unenforceable, that provision shall be deemed modified to whatever extent necessary to render it enforceable, and if any Court declines to so modify the provision, then the remaining provisions of the Terms nevertheless will be construed, performed, and enforced as if the invalidated or unenforceable provision had not been included in the text of the Terms.

Last Updated: March 25, 2024