When you purchase an online subscription to Daniel Throssell’s Adventures in Copyland! from Persuasive Page Pty Ltd. (the “Company”), you are acknowledging that you understand and agree to be legally bound by the terms and conditions of this Subscription Agreement (the “Agreement”).
ADVENTURES IN COPYLAND! IS A 100% DIGITAL SUBSCRIPTION ONLY ACCESSIBLE VIA THE COMPANY’S SMARTPHONE APP. THERE IS NO DESKTOP ACCESS OR DOWNLOADABLE PDF CONTENT. PLEASE ENSURE YOU HAVE AND CAN USE THE APP BEFORE YOU SUBSCRIBE.
1. License to Use Subscription Materials
You are purchasing a nonexclusive nontransferable nonsublicensable revocable license to use the Adventures in Copyland! digital newsletter plus any bonus written, audio, and visual art training materials (the “Materials”) located at or streamed from the Adventures in Copyland! subscription area(s) at PersuasivePage.com, our mobile applications (if any), and any other online locations (e.g., Learnistic.com) designated by the Company (individually and collectively, the “Subscription Area”) during the term of your subscription. This license expressly excludes all other Company subscriptions, training courses, and their materials for which you have not paid separate subscription or course fees.
You understand and agree the copyrights and trademarks for the Materials are owned solely by Persuasive Page Pty Ltd., a business with a mailing address of P.O. Box 30, Beechboro WA 6063 Australia, and by purchasing a subscription that includes this license, you do not acquire any intellectual property ownership of the Materials.
You agree to keep confidential the proprietary data and copyrighted information you receive in the Materials and agree not to publish, resell, distribute, or summarize them for others’ use in any way. You understand the Materials: (a) remain the sole and exclusive property of the Company, which retains all rights thereto; (b) cannot be resold by you or otherwise distributed with or without consideration; (c) will not be made available by you to any other person; (d) will not be reproduced or summarized in any manner; and (e) will be destroyed or returned to the Company immediately upon demand should you violate any of these terms or conditions.
If the Company requests destruction of the Materials upon termination of this Agreement for any reason, you agree to furnish the Company with an Affidavit of Destruction in a form satisfactory to the Company acknowledging your destruction of all Materials in your possession within seven (7) business days of the termination.
If you violate the terms and conditions of this Agreement, the Company may pursue civil and/or criminal prosecution against you.
The term of this license to use the Materials extends only as long as you remain a paid subscriber in good standing and shall cease immediately upon the earlier of the termination of the subscription program by the Company, the termination of your subscription for nonpayment of the subscription fees, or upon your violation of the terms or conditions of this Agreement.
You will not at any time during or after the effective term of this Agreement, dispute or contest, directly or indirectly, the Company’s exclusive right and title to the Materials and/or the copyrights or the validity thereof. The Company, however, makes no representation or warranty with respect to the validity of any trademark or copyright that may issue or be granted therefrom.
You acknowledge the Materials and the copyrights have acquired secondary meaning.
You agree your use of the Materials inures to the benefit of the Company and you shall not acquire any rights in the Materials and/or the trademarks and copyrights.
Upon the expiration or termination of this license, you acknowledge all of your rights under this Agreement shall forthwith terminate and immediately revert to the Company and you shall immediately discontinue all use of the Subscription Area, the Materials, and the like at no cost whatsoever to the Company.
You recognize the value of the goodwill associated with the Materials and acknowledge the Materials, and all rights therein including the goodwill pertaining thereto, belong exclusively to the Company.
The Company shall have the sole and exclusive right, in its discretion, to institute and prosecute lawsuits against third persons for infringement of the rights licensed in this Agreement. All sums recovered in any such lawsuits, whether by judgment, settlement or otherwise, in excess of the amount of reasonable attorneys’ fees and other out of pocket expenses of such suit, shall be retained solely by the Company.
You will fully cooperate with the Company in the prosecution of any such suit against a third party and shall execute all papers, testify on all matters, and otherwise cooperate in every way necessary and desirable for the prosecution of any such lawsuit.
2. Access to Subscription Content
Any subscription access to the Materials in the Subscription Area is solely for convenience. Other than the digital newsletter, the Company does not promise to make any such Materials available and reserves the right to delete any Materials within the Subscription Area at any time for any reason.
3. Access to The Company’s Founder
Unless otherwise expressly promised by the Company in writing as a benefit of subscription, your subscription does not include individual (1:1) access to Company founder Daniel Throssell. Issues concerning the subscription program should be addressed to the Company’s customer service by email to firstname.lastname@example.org or by mail to Persuasive Page Pty Ltd., Attention: Subscription Department, P.O. Box 30, Beechboro WA 6063 Australia.
4. Term, Renewal, and Cancellation
This Agreement commences upon the date you purchase your first subscription term, and shall continue until the end of that term unless cancelled by either you or the Company by advance notice per this Agreement.
Unless seven (7) calendar days advance written notice of intent not to renew is given by either party to the other party prior to the end of a current subscription term, or the subscription is cancelled by either party, this Agreement shall automatically renew for an additional subscription term of the same length.
Cancellation by You
If you want to cancel your subscription, please make your cancellation request by one of the following methods: (1) email your request to email@example.com; or (2) mail your request to Persuasive Page Pty Ltd., Attention: Subscription Department, P.O. Box 30, Beechboro WA 6063 Australia, with confirmation of delivery by signature. To ensure your subscription does not automatically renew for another subscription term, the Company must receive your cancellation request a minimum of seven (7) calendar days prior to the end of the current subscription term. When you timely cancel a subscription with the Company, you will continue to receive your subscription benefits until the end of the current subscription term. You will not receive a refund of any portion of the subscription fees you paid for the current or prior subscription terms.
Cancellation by the Company
ADVENTURES IN COPYLAND! IS AN OFFER ONLY AVAILABLE TO ACTIVE SUBSCRIBERS OF THE COMPANY’S EMAIL LIST. IF YOU UNSUBSCRIBE FROM THE COMPANY’S EMAILS WHILE SUBSCRIBED TO ADVENTURES IN COPYLAND!, YOUR APP ACCESS WILL BE REVOKED AND ACCORDINGLY YOUR ADVENTURES IN COPYLAND! SUBSCRIPTION WILL BE CANCELLED.
The Company also reserves the right to unilaterally cancel your subscription at any time for any reason by notifying you via email at the address you provided when initially signing up for your subscription. If your email address changes during any subscription term, you must promptly notify the Company of such so that your client records can be updated. The Company may elect to terminate your subscription immediately and issue you a refund of the amount you paid solely for the current term during which the subscription was cancelled. However, if the Company does not elect immediate termination, you will continue to receive your subscription benefits until the end of the current subscription term, and you will not receive a refund of any portion of the subscription fees you paid for the current subscription term. There are no refunds of subscription fees paid for prior terms.
5. Subscription Fees
During the initial subscription term and any subsequent terms, you agree to pay the subscription fee for that term in advance.
The Company reserves the right to raise the subscription fee at any time by providing notice to you by email at least fourteen (14) calendar days prior to the month the fee increase will take effect. You can either continue your subscription at the new subscription rate or cancel it by giving notice to the Company per this Agreement.
6. Method of Payment
You agree and represent that all information you provide for the purpose of becoming and staying a subscriber will be accurate, complete, and current. It is your responsibility to timely update payment information with the Company to prevent your subscription from being cancelled for nonpayment.
You expressly authorize the Company to charge your credit card or debit card for any and all applicable fees associated with your subscription hereunder. If you provide the Company with a credit card or debit card that expires during any term of your subscription, the Company reserves the right to charge any renewal card issued to you as a replacement without any additional consent by you.
You understand and agree there are important risk factors that should be considered by you when deciding whether to purchase a subscription from the Company.
Testimonials, Case Studies & Examples
Subscription testimonials, case studies, and examples are exceptional results, do not reflect the typical subscriber’s experience, don’t apply to the average person or business, and are not intended to represent or guarantee anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a peer-reviewed scientific study or other reputable third-party source, you should presume the typical results as stated are more reliable than the testimonials, case studies, and examples found on the Company’s websites, the Subscription Area, the Materials, and in the subscription program’s promotional content.
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations, or guarantees whatsoever to you about the results you will achieve. And we have not authorized any such projection, promise, or representation by others.
Any statements or examples only estimate what we think a Subscriber can do. There is no assurance you will do as well as stated in any examples. If you rely upon any statements or examples, you must accept the entire risk of not doing as well as the information provided.
There is no assurance that any prior successes or past results by others will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies.
Your success in using the information, strategies, and tactics provided in the Materials and our communications depends upon a variety of factors beyond our control (e.g., your work ethic). Therefore, we do not guarantee or imply that you will achieve any specific results from the Subscription.
You should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by third parties.
As-Is and As-Available
SUBSCRIPTION, OUR COMMUNICATIONS, AND ACCESS TO THE MATERIALS ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER SUBSCRIPTION AND THE INFORMATION YOU RECEIVE BECAUSE OF YOUR SUBSCRIPTION IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. THE COMPANY DOES NOT WARRANT THAT USE OF SUBSCRIPTION MATERIALS, OR COMMUNICATIONS WITH US WILL BE ERROR-FREE OR UNINTERRUPTED. THE COMPANY IS NOT RESPONSIBLE FOR THIRD PARTY SOFTWARE INSTALLED OR USED BY YOU (INCLUDING, BUT NOT LIMITED TO, LEARNISTIC MOBILE APPLICATIONS), THE SUBSCRIPTION CLOUD PLATFORM’S OPERATION OR PERFORMANCE, THE PERFORMANCE OR OPERATION OF YOUR INTERNET SERVICE PROVIDER(S) USED TO ACCESS SUBSCRIPTION MATERIALS AND COMMUNICATIONS, OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET.
Facts and information are believed to be accurate at the time they were placed in the Materials or otherwise communicated to you during your subscription. All information provided by the Company is to be used for informational purposes only. Subscription is only offered in jurisdictions where it may be legally offered. Information provided is not all-inclusive, and is limited to available information, and such information should not be relied upon as all-inclusive or accurate.
You agree to hold the Company, its principals, employees, and agents harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the subscription, and/or activities discussed in the Materials or our communications with you, excepting only claims for gross negligence or intentional tort.
Third-Party Intellectual Property
All trademarks and service marks are the properties of their respective owners. All references to these properties are made solely for educational and editorial purposes. Except for marks owned by the Company, no commercial claims are made to their use, and neither the Author nor the Publisher is affiliated with such marks in any way.
Unless otherwise expressly noted, none of the individuals or business entities mentioned in the Materials have endorsed the contents thereof.
8. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS PRINCIPALS, EMPLOYEES, OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND TO YOU OR OTHERS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL LIABILITY OF THE COMPANY, ITS PRINCIPALS, EMPLOYEES, OR AGENTS FOR ANY REASON WHATSOEVER EXCEED THE TOTAL SUM PAID TO THE COMPANY BY YOU FOR THE CURRENT TERM OF YOUR SUBSCRIPTION.
The Company, its principals, employees, and agents do not discriminate in this subscription program, other programs, or activities on the basis of race, color, national origin, citizenship status, ethnic origin, ancestry, age, religion, religious creed, physical or mental disability, handicap, sex, gender, gender identity, gender expression, sexual orientation, marital status, military status, veteran status, or any other characteristic protected under applicable law. When dealing with the Company, its principals, employees, agents, and other subscribers, you also agree not to discriminate based on any of these characteristics.
10. Prohibited Conduct
You agree that you will only use your subscription, our communications, and the Materials for lawful purposes. This includes, but is not limited to, compliance with all applicable laws, rules, and regulations. The Company reserves the right to disclose your subscription account information to any government law enforcement agency that requests it without providing notice to you.
11. Photos, Video, Audio & Derivative Works
To satisfy an express condition precedent to participation in the subscription program, you authorize the Company, its principals, employees, agents, successors, and assigns to take photographs as well as record audio and video of all of your subscription activities, including comments made, during your participation in the program. This includes, but is not limited to your participation in any live events, subscription calls, webinars, and teleseminars. You fully understand and agree these photographs and recordings may be edited, published, reproduced, summarized, transcribed, sold or given away by the Company, its principals, employees, agents, successors, and assigns, both offline and via the Internet, without any compensation to you. Furthermore, you acknowledge the Company is the sole copyright owner for these images, recordings, and any derivative works.
12. Refunds & Subscription Cancellations
THERE ARE NO REFUNDS. ALL SALES ARE FINAL. NO EXCEPTIONS.
You can cancel your subscription at ANY time, without hassle or having to provide a reason, by emailing firstname.lastname@example.org or by mail to Persuasive Page Pty Ltd., Attention: Subscription Department, P.O. Box 30, Beechboro WA 6063 Australia. Cancelled subscribers will not be permitted to resubscribe in future, so please only join when you are ready to stay.
When you cancel your subscription, you will continue to receive your subscription benefits until the end of the current billing period. You will not receive a refund of any portion of the subscription fees you paid for the current or prior billing periods.
Example: If you became a monthly Subscriber on January 14th, and the Company processes cancellation of your subscription on March 21st, you would continue to receive the benefits of that subscription until April 13th and there will not be a refund of any part of the last month’s subscription fee or prior months’ fees either. You will neither be billed for nor receive the benefits of the cancelled subscription after April 13th.
If you choose a multi-payment option for a single subscription period, when you cancel a subscription during that period, you will continue to receive the benefits of the subscription until the end of the period and must continue to honor your agreement to make multiple payments for that subscription period.
Example: If the Company processes cancellation of an annual subscription in June that you agreed to pay for with quarterly payments (January 1st, April 1st, July 1st, and September 1st), you will continue to receive the benefits of that subscription until the end of the year, there will not be a refund of any part of the annual subscription fee already paid, and you must make the two remaining quarterly payments (July 1st and September 1st). You will neither be billed for nor receive the benefits of the cancelled subscription after the end of the annual subscription period.
Do not wait until the end of a billing or subscription period to make a subscription cancellation request because such requests are typically processed within 2 to 3 business days after the Company receives them. Because it takes longer for the Company to receive postal mail than electronic mail, the Company recommends that you email your request.
The Company will confirm your subscription has been cancelled by either email or postal mail.
If your subscription is cancelled by either party for any reason or no reason whatsoever, the Company reserves the unilateral right to ban you (for any reason or for no reason whatsoever) from subscribing again or purchasing goods or services from the Company in the future.
During and after the term of this Agreement, neither you nor anyone acting on your behalf shall make any derogatory or disparaging statements about the Company or any of its past or present officers, directors, employees, consultants, agents, representatives, successors or assigns, or directly or indirectly take any action which is intended to embarrass any of them. This provision for non-disparagement shall survive termination of this Agreement.
14. Force Majeure
The Company, its principals, employees, and agents shall not be liable for failure to perform any of the Company’s obligations under this Agreement during any period in which the Company cannot perform due to fire, earthquake, flood, or other natural disaster, epidemic or pandemic, explosion, casualty, war, terrorism, embargo, riot, civil disturbance, act of public enemy, act of God, or the intervention of any government authority, or similar cause beyond the Company’s control.
If any part of this Agreement is declared void, this Agreement, to the maximum practicable extent, shall be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing.
16. Relationship of the Parties
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement, use of the Subscription Area, Materials, and/or our communications.
17. Governing Law, Venue & Dispute Resolution
The Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement. Use of the Subscription Area is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section.
This Agreement shall be governed and construed in accordance with the laws of the State of Western Australia applicable to Agreements made and to be performed in the State of Western Australia.
To the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or United States federal court, and you consent to exclusive jurisdiction and venue in such courts.
You agree any dispute, controversy or claim arising out of, relating to or in connection with this Subscription Agreement, including any question regarding its existence, validity or termination shall be resolved by confidential binding arbitration in accordance with the Australian Centre for International Commercial Arbitration (“ACICA”) Arbitration Rules. The seat of arbitration shall be the City of Perth, WA, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
No waiver by the Company of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
19. Assignability & Sublicenses
You fully understand and agree the license granted hereunder is personal to you and shall not be assigned or sublicensed by any act by you or by operation of law unless with the prior written consent of the Company. You also understand and agree that this Agreement may be assigned by the Company to any successor in interest to the Company.
20. Headings and Construction
The section and other headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All references to this Agreement and the words “herein”, “hereof”, “hereto” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Section or other subdivision. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any Party hereto or the drafter(s) of this Agreement.
21. Entire Agreement & Modifications
This is the entire Agreement between the parties and may not be modified unless done so in a writing signed by duly authorized signatories of both parties.
Copyright © 2010-2022 Law Office of Michael E. Young PLLC, and licensed for use by Persuasive Page Pty Ltd. All Rights Reserved. No portion of this Newsletter Subscription Agreement may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.