04/01/2024

Terms & Conditions

These terms of use (together with the documents referred to in it) set out the terms on which you may make use of our website www.mmoncadadigitalstudios.com (“our site”), whether as a visitor or registered user.

Please read these terms of use carefully before you start to use our site as these will apply to your use of our site. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

Other Applicable Terms

These terms of use refer to the following additional terms which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate;
  • Our Acceptable Use Policy, which sets out the permitted and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy;

Information About Us

www.mmoncadadigitalstudios.com is a website operated by M. Moncada Digital Studios. We are registered in Aurora, Colorado under company license number S20105813-0001 and have our registered office at 3190 S. Vaughn Way STE 550, Aurora, CO, 80014-3538

Changes To These Terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we have made as they are binding on you.

Changes To Our Site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing Our Site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

By logging-in to our site you are also giving your explicit permission for us to correspond with you via email. You are free to Unsubscribe from any and all emails at any time.

Intellectual Property Rights

  • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of Our Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by United States of America law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site. We will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. We will not be liable for any loss or damage that may arise from your use of them.

Uploading Content to our Site

Whenever you make use of a feature that allows you to upload content to our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next section.

We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not necessarily represent our views or values.

Rights you License

When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free licence (with the right to sub-licence) to use, copy, reproduce, distribute, prepare derivative works of (including modifying and adapting), or display that user generated content in connection with our services and the promotion of our services and in any and all media and distribution methods. Such use may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through our site.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Applicable Law

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by United States of America law. We both agree to the exclusive jurisdiction of the courts of the United States of America.

This acceptable use policy sets out the terms between you and us under which you may access our website www.mmoncadadigitalstudios.com (“our site”). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept and agree to abide by all the policies in this acceptable use policy, which supplement our terms of website use.

www.mmoncadastudios.com is operated by M. Moncada Digital Studios LLC (“we”; “our”; “us”). We are registered in Aurora, Colorado under company license number S20105813-0001 and have our registered office at 3190 S. Vaughn Way STE 550, Aurora, CO, 80014-3538

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see section below).
  • To transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

Interactive Services

We provide interactive services on our site including, without limitation, blog functionality.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online.

Refund Requests

All products purchased through mmoncadadigitalstudios.com and mmoncadadigitalstudios.com/teachable websites, including but not limited to Teachable, sales are final and are not refundable.

Cancellation Requests

If you wish to cancel a purchase, please refer to the specific instructions below:

  • Please contact matthew@mmoncadadigitalstudios.com clearly stating your reason for cancelling. The cancellation will be processed within two business days. Please note that any monthly membership payments which are due during this cancellation period will be charged against your supplied payment information

Content Standards

These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it.

The standards apply to each part of any contribution as well as to its whole. Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the United States of America and in any country from which they are posted. Contributions must not:
  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexualorientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual dutyor a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance,inconvenience or needless anxiety.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case. Suspension and termination. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.We exclude liability for actions taken in response to breaches of this acceptable use policy.

Changes to the Acceptable Use Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

FOR EDUCATIONAL & INFORMATIONAL PURPOSES ONLY

The information contained on this Website and all the resources available through this website are for educational and informational purposes only.

User's Personal Responsibility

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.

No Endorsements

From time to time, the Company will refer to other products, services, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, services, and/or expert.

Earnings Disclaimer

As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and commitment. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual.

The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.

To your success in coding.
Sincerely,

Matthew M. Moncada – Founder of M. Moncada Digital Studios