LegaL & Privacy Policy
Please also read our Terms and Conditions of Use.
Purpose
Moonturn Design, or Moonturndesign.com, (hereinafter “we,” “our,” “us”) is committed to protecting your privacy and maintaining a quality online experience for our website viewers. This Privacy Policy explains how we collect, handle, store, and protect personal information about you as a visitor and/or user of our website; your rights in relation to your personal information; and how you can contact us and supervisory authorities in the event you have questions about how we handle your personal information.
Privacy Policy Consent
Please read this Privacy Policy carefully and in its entirety before using Moonturndesign.com. You, as a visitor and/or user of our website, agree to the following Privacy Policy, and your access and/or use of our website, products, and/or services constitutes your voluntary acceptance to be bound by its terms, whether you have read it or have had the opportunity to read it and have chosen not to. Your use of our website, and any information that you contribute or provide to us, is subject to this Privacy Policy.
Children’s Online Privacy Protection Act (COPPA)
This website and any products and services offered herein are not intended for persons under the age of 18.
We prohibit children under the age of 18 from using any and all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. A child’s parent or guardian should contact us if we have inadvertently collected any information or content from that child without the parent or guardian’s authorization, so that we may delete that information from our records.
CAN-SPAM Act of 2003
We have taken the necessary steps to ensure that we are in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 and will not send misleading information.
Personal Information We Collect
The type of personal information we collect depends on how you are interacting with us.
The personal information we collect from you consists of the following: Name and contact data, such as, first and last name, email address, postal address, phone number, and other similar contact data; Payment information, such as, PayPal or payment card number (credit or debit card), and the security code associated with your payment instrument, if you make a payment; and Comments, feedback, testimonials, questions and other information you provide to us.
How We Use the Information You Provide
We will not sell or trade your personal information.
We will not transfer your personal information unless we give you advance written notice or need to comply with our legal obligations, resolve disputes, and/or enforce our agreements. Depending on how you interact with us, we use your personal information to: Process and fulfill an order, download, subscription, or other transaction; Respond to your requests, inquiries, comments and concerns; Send marketing emails; remarketing emails and future advertisements. Inform you of and administer promotions, contests, sweepstakes or surveys; Help us address problems with and improve our website, products and services; Protect the security and integrity of our website; and Contact you for other business reasons, if necessary.
Use of Cookies
“Cookies” are small text files that are placed on a computer or other device and used to identify the user or device and to collect information when you visit a website.
We use absolutely necessary cookies, which allow you to move around our website and use its features. We also use performance cookies for future advertising goals and data insights about our customer’s online behavior regarding our site and products. We use Google Analytics, Facebook Pixels, and have the rights to use Google AdSense in the future if we deem it beneficial for our Moonturndesign.com.
You can disable cookies through your web browser’s settings, but disabling this function may diminish your experience on our website as some features may not work as intended.
“Do Not Track” (DNT) Signals
Some browsers transmit Do Not Track (DNT) signals to websites.
Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers.
How the Information is Shared and Stored
Depending on how you interact with us, we share information with our third-party service providers, agents and representatives, including, but not limited to, Thirvecart, Showit, Wordpress, Google Analytics, and other software service providers. In order to process the information as necessary to complete a transaction, fulfill your request, or otherwise on our behalf based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
We also will disclose your personal information if we have a good faith belief that such disclosure is necessary to:
meet any applicable law, regulation, legal process or other legal obligation;
detect, investigate and help prevent security, fraud or technical issues; and/or
protect the rights, property, or safety Moonturndesign.com, our users, employees or others.
Our current third-party service providers include:
Showit - Design
Google Domains – Domain Hosting
Flodesk – Email Marketing
Instagram - Social Media and Community Engagement
Google Marketing Suite – Data Analyzation and Marketing Tools
Thrivecart - Listed products, checkout services, and fulfillment
Information Retention
We retain your personal information for as long as necessary to fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements, or until such time as you let us know you would like for us to delete it or unsubscribe from our marketing contacts.
Information Protection and Security
Our website uses commercially acceptable security measures to prevent your personal information from being lost, used or accessed in an unauthorized way. We use a Secure Sockets Layer (SSL) certificate and never transmit your credit card information via email. If you receive an email from us that appears to be a request for personal information, do not respond because it may be a phishing scam designed to steal your personal information.
We cannot guarantee that your personal information will always be secure. Should there be a data breach, we will immediately notify you when we are legally required to do so.
Use and Transfer of Your Information Out of the European Economic Area (EEA)
This website is operated in the United States and the third parties with whom we might share your personal information (as explained above) are also located in the United States or other countries located outside the European Economic Area.
If you are located outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.
Your Rights to Control Your Information
You can unsubscribe from our e-newsletters or updates at any time through the unsubscribe links found in the communications you receive from us.
If you are covered by the General Data Protection Regulation (GDPR), you may have rights under European and other laws to have access to your personal information and to ask us to rectify, erase and restrict use of your personal information. You may also have rights to object to your personal information being used, to ask for the transfer of personal information you have made available to us, and to withdraw consent to the use of your personal information. Further information on how to exercise your rights is set out below.
We will honor your rights under applicable data protection laws. You have the following rights under European laws, and may have similar rights under the laws of other countries:
Right of access: to make a written request for access to and a copy of your personal information
Right to rectification: to have your inaccurate personal information corrected or removed
Right to erasure ('right to be forgotten'): to have your personal information erased
Right to restriction of processing: to limit the purposes that your personal information may be used for
Right to object: to object to the processing of your personal information in cases where our processing is based on direct marketing, processing for scientific/historical research and statistics, legitimate interest processing, and processing in regards to the performance of a public interest or official authority task
Right to data portability: to have your personal information transferred to you or a third party in machine-readable format
Right to withdraw consent: to withdraw your consent that we handle your personal information at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on your consent before its withdrawal
These rights are not absolute and they do not always apply in all cases.
Filing a Complaint
If you are covered by the GDPR, and you are not content with how we manage your personal information, you may lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you are a resident, work, or where the alleged infringement of data protection laws took place.
Contact Us
If you would like to “opt out” or have any questions, comments, complaints, or suggestions in relation to data protection or this Privacy Policy, or any other concerns about the way in which we process information about you or you wish to change your personal information in our records, please contact us by email or postal mail:
hannah@moonturndesign.com
Hannah Musgrove
San Francisco CA 94121
Changes to this Privacy Notice
This policy is effective as of January 17, 2022. We may change, modify, or update this Privacy Policy at any time and will notify you of any such changes by email (if you have provided your email to us) and/or by a prominent notice displayed on our website at least 10 days prior to implementing the change. We recommend that you check the Privacy Policy when you visit our website to be sure that you are aware of our most current policy
Hannah Musgrove
owner & founder of Moonturn Design
Terms of Use and Consent
Please read these Terms and Conditions of Use (hereinafter “Terms and Conditions”) carefully and in their entirety before using Moonturndesign.com (hereinafter “we,” “our,” “us”). You, as a visitor and/or user of our website, agree to these Terms and Conditions, and your access and/or use of our website, products, and/or services or via materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to. This website and any products and/or services offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.
Legal and Financial Disclaimer
You understand and agree that this website and our products, programs, and services are intended to provide information and education. The information provided is not business, financial, or legal advice.
You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular business and financial situation so that you can take the right steps for you and your business.
Earnings Disclaimer
You understand and agree that this website and our products, programs, and services are intended to provide information and education to assist you in attaining your goals.
You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.
No Warranty or Liability
The information provided on Moonturndesign.com is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or services purchased therefrom or via materials requested through email.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
YOU AGREE THAT MOONTURNDESIGN AND MOONTURNDESIGN.COM ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.
YOU AGREE THAT MOONTURN DESIGN AND MOONTURNDESIGN.COM ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
MOONTURN DESIGN AND MOONTURNDESIGN.COM'S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $2,000 (USD).
We expressly exclude any liability to the fullest extent of the law.
By using our website and its content or purchasing a service and/or product from our website or requesting materials via email, you agree to this limitation of liability and release Moonturn Design and Moonturndesign.com from any and all claims.
Indemnification
You agree at all times to defend, hold harmless, and indemnify Moonturn Design and Moonturndesign.com and any affiliates, agents, or other party associated with Moonturn Design and Moonturndesign.com from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our website.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
Intellectual Property Protection and Personal Use
The materials contained on our website, including, but not limited to, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files, are the proprietary property of Moonturn Design and are protected by United States intellectual property rights.
You may electronically copy and print portions Moonturndesign.com solely for your personal, non-commercial use [with respect to your business].
Moonturn Design grants you a single non-transferable license to download, view, copy, and/or print any products you purchase from Moonturn Design and or Moonturndesign.com or materials requested via email solely for your personal, non-commercial use [with respect to your business]. You may not share the cost of any product or the product itself with any third party.
You may not share your login credentials for Moonturndesign.com or any E-course from Moonturndesign.com with any third party for any reason. You may not sell or transfer your access to Moonturndesign.com, or any of the content and/or materials contained therein to any third party.
Upon the termination of this license, you shall delete and/or destroy all downloaded and/or printed copies of the materials from Moonturndesign.com
You agree that you will not use the contents of and materials in any products and/or e-courses you purchase from Moonturn Design and Moonturndesign.com to create a competing product.
Any other use of the materials in Moonturn Design and Moonturndesign.com, any product you purchase, and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use our website, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
Your License to Us
When you submit any post, comment, image, or other content that you upload, publish, or display on or through our website (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.
You retain the right to remove your User Content at any time.
If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.
User Limitations
You agree that you will not post, transmit, upload, or otherwise make available any User Content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable.
You agree to use this website and our products, programs, and services for lawful purposes only.
Testimonials
Our website may feature testimonials. They are examples from past clients. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our website, products and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on our website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Affiliate Disclosure
We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services from time to time. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third Party Links
From time to time, we may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by Moonturn Design or Moonturndesign.com. If you use those links, you leave our website.
You agree that Moonturn Design and Moonturndesign.com are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Moonturn Design and Moonturndesign.com are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from Moonturndesign.com’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
Payments
You have the right to pay for any Moonturn Design or Moonturndesign.com product or service in full. If you choose to pay using a payment plan provided by Moonturndesign.com using a third-party payment option, you agree to pay each payment on time and in the full amount.
Payment Plans:
For a Website Template sold though Moonturndesign.com, we do not offer any payment plans or payment options other than payment in full.
For Moonturndesign's "Website in a Day" and "Custom Website Design and Beyond" services the price is as listed. Payment plans are offered and you understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.
All of the personal information that you provide as part of the purchase process for any product or service on our website may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.
Refund
Due to the extensive time and effort that goes into the product(s) and/or program(s), there is no refund policy whatsoever for any and all of the Moonturn Design and Moonturndesign.com products or services.
We do not tolerate or accept any type of chargeback from your credit card company.
Termination
We reserve the right to terminate your access to our website, in full or in part, at any time for any reason.
Dispute Resolution and Jurisdiction
These Terms and Conditions shall be governed and construed according to the laws of the State of California without regard to conflict of laws principles. The nearest state and federal court to San Francisco, California shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email.
By using our website or its content, or products and/or services purchased therefrom, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that Moonturn Design must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.
Severability
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
Modification of Terms and Conditions
We may change, modify, or update these Terms and Conditions at any time and will notify you of any such changes by a prominent notice displayed on our website at least 10 days prior to implementing the change. We recommend that you check the Terms and Conditions when you visit our website to be sure that you are aware of our most current policies.
By continuing to use this website, you agree to be bound by the most updated version of these Terms and Conditions, whether you have read them or have had the opportunity to read them and have chosen not to.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: SUPPORT@MOONTURNDESIGN.COM
These Terms and Conditions are fully effective as of January 17, 2021.
