Terms and Conditions 

Definitions

“Agreement” means these Terms and Conditions and all materials referred or linked to in these Terms and Conditions.

“Personal Data” means the name and email address voluntarily submitted by Customer, as well as navigational data relating to each Customer.

“Customer”, “You” or “Your” means the person or entity using the Website or the Products and identified in the applicable statement or Order Form as the customer of Butterfly Media Group website.

“Butterfly Media Group website” means the website that is managed by an individual enterprise of Ekaterina Zhumaeva and any entity which is controlled by, or is under common control with Ekaterina Zhumaeva.

“Butterfly Media Group website’s Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags incorporated into the Butterfly Media Group website.

“Products Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags incorporated into the online courses by Butterfly Media Group.

“Order Form” means the Butterfly Media Group website approved form by which Customer agrees to subscribe to the Newsletters, or purchase one or more of the Products.

“The products” means payable content or online courses.

“Third-Party Sites” means third-party websites linked to or from the website, including without limitation Communications Services.

“User(s)” means Customer’s employees, representatives, consultants, contractors or agents who are authorized to use the Products for the benefit of Customer and who have been supplied user identifications and passwords by Customer (or by Butterfly Media Group at Customer’s request).

“Website” means https://butterflymediagroup.com/

Products

By accessing and using the website or the products in any way, you agree to be bound by this agreement, including the warranty disclaimers, limitations of liability, and termination provisions below. If you do not agree to the terms, please leave the website immediately and do not use the Products.

Customer authorizes Ekaterina Zhumaeva to use a third party to process payments, and consents to the disclosure of Customer’s payment information to such third party.

Intellectual Property Ownership

All the content of Butterfly Media Group’s website is an intellectual property of Ekaterina Zhumaeva. You may not copy, distribute and/or share Butterfly Media Group’s website content. You may not share your login and password with anyone.

Customer and Personal Data

Butterfly Media Group may monitor the use of the Website and the Products by all of its customers and use data related to such use in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Website and the Products. Customer agrees that Butterfly Media Group may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify Customer.

Butterfly Media Group may collect, use, process, store, and share certain customer data (like name and address) in connection with providing the Products and the newsletter service. Any such collection, use, processing, storing, or sharing is subject to the terms and conditions of Butterfly Media Group’s Privacy Policy (https://butterflymediagroup.com/privacy-policy-2/ ) which is hereby incorporated into this Agreement by reference. Customer agrees that customer data may be collected and used by Butterfly Media Group in connection with the Website and the Products, and the newsletter service, and Customer hereby consents to such use and collection.

Indemnification

Customer will indemnify, defend and hold Butterfly Media Group harmless, at its expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Butterfly Media Group (and its officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with Butterfly Media Group to the extent that such Action is based upon or arises out of (a) Customer’s use of the Website and the Products; (b) Customer’s noncompliance with or breach of this Agreement, (c) Customer’s use of Third-Party Products, (d) the unauthorized use of the Website and the Products by any other person using Customer’s User information, or (e) Customer’s unauthorized use, collection, storage, processing, or disclosure of Personal Data. Butterfly Media Group shall use commercially reasonable efforts to: notify Customer in writing within thirty (30) days of Butterfly Media Group becoming aware of any such claim; give Customer sole control of the defense or settlement of such a claim (provided that Customer may not settle any such claim unless the settlement unconditionally releases Butterfly Media Group of all liability); and provide Customer (at Customer’s expense) with any and all information and assistance reasonably requested by Customer to handle the defense or settlement of the claim. Customer shall not accept any settlement that (i) imposes an obligation on Butterfly Media Group; (ii) requires Butterfly Media Group to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Butterfly Media Group without Butterfly Media Group prior written consent.

Disclaimers and Limitations of Liability

By using the Website and the Products you agree that you are fully responsible for your actions, choices, business decisions and results from your participation and that Butterfly Media Group offers no representations or guarantees regarding your business profit and earnings and that you are solely responsible for your progress. Butterfly Media Group makes no guarantees about any success you’ll get from using the the Website and the Products, and the newsletter service.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, AND THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUTTERFLY MEDIA GROUP AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE, THE PRODUCTS AND THE NEWSLETTER SERVICE, AND THE BUTTERFLY MEDIA GROUP CONTENT INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BUTTERFLY MEDIA GROUP  IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.

No Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, EVEN IF SUCH PARTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Limitation of Liability

EXCEPT FOR CUSTOMER’S LIABILITY FOR PAYMENT OF FEES AND CUSTOMER’S LIABILITY ARISING FROM ITS INDEMNITY OBLIGATIONS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF ONE HUNDRED EUROS OR THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM FOR THE PRODUCTS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

Third Party Products

BUTTERFLY MEDIA GROUP DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS USED BY CUSTOMER. BUTTERFLY MEDIA GROUP LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT AND BUTTERFLY MEDIA GROUP’S LIABILITY WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR THIRD PARTY CONTENT PROVIDED WITH THE WEBSITE AND THE PRODUCTS SHALL BE SUBJECT TO THIS SECTION.

CUSTOMER UNDERSTANDS AND AGREES THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT ABSENT CUSTOMER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, BUTTERFLY MEDIA GROUP WOULD NOT PROVIDE THE ACCESS TO THE PRODUCTS AND THE NEWSLETTER SERVICE TO CUSTOMER.

General

No Waiver

Butterfly Media Group may update and change any part or all of this Agreement, including fees. If Butterfly Media Group updates or changes this Agreement, the updated Agreement will be posted at https://butterflymediagroup.com/terms-of-use/ . The updated Agreement will become effective and binding on the next business day after it is posted. Butterfly Media Group encourages Customer to review this Agreement periodically. No delay in exercising any right or remedy will operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be construed as a waiver of any right or remedy on any future occasion. Notwithstanding the foregoing, Butterfly Media Group will comply with all applicable laws and regulations to the extent that any change or update to this Agreement changes or updates the manner in which Butterfly Media Group will collect, use, process, share, or store Personal Data.

Applicable Law

To the maximum extent permitted by law, this Agreement and all Order Form(s) shall be governed by the laws of France, EU without reference to conflicts of law principles, and both parties hereby consent to the exclusive jurisdiction and venue of courts in Nice, France, EU in all disputes arising out of or relating to the use of the Website and the Products. Use of the the Website and the Products is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.

Notices

Notice shall be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and shall be deemed
delivered as of the date of actual receipt. To Butterfly Media Group: Ekaterina Zhumaeva, 2 Avenue de Verdun, Beausoleil, France. To Customer: Customer’s e-mail address as provided in Butterfly Media Group’s account information for Customer.

Entire Agreement

Unless otherwise expressly stated herein, this Agreement (including each Order Form), along with any Butterfly Media Group exhibit or addendum hereto, including any Order Form, constitutes the entire agreement between Customer and Butterfly Media Group with respect to the Website and the Products and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between Customer and Butterfly Media Group with respect to the subject of this Agreement.