Terms of Use

Agreement to Terms

These Terms of Use (the “Terms”) constitute a binding agreement between Confused Productions, LLC (“Company,” “we,” “us,” “our”) and each individual or entity that accesses or uses the Sites, our content, stores, memberships, podcasts, channels, and related services (collectively, the “Services”). By accessing or using any Service, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Services.

These Terms incorporate by reference our Privacy Statement, our Accessibility Statement, and our AI Usage Policy (collectively, the “Linked Policies”). In the event of conflict, these Terms control, except where Applicable Law requires otherwise.

Eligibility

Eligibility: You must be at least 13 years old to use the Services. If you are between 13 and the age of majority in your jurisdiction, you may use the Services only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The Services are not directed to children under 13.

Sanctions and Export Controls: You may not access or use the Services if you are located in, ordinarily resident in, or traveling from any country or region subject to comprehensive U.S. embargoes or if you appear on any U.S., U.K., E.U., or other applicable government sanctions list. You agree not to export, re-export, or transfer any aspect of the Services in violation of Applicable Law.

Entity Users: If you access or use the Services on behalf of a business, organization, or group, you represent that you are authorized to bind that entity and that a natural person’s first and last name will be provided as the account representative.

Membership

“The Confused Idealists”: We may offer paid memberships under the program name The Confused Idealists (each a “Membership”). Eligibility, features, and tier descriptions appear on the Sites and/or on Patreon at time of purchase and are incorporated by reference. Cross‑platform benefits (e.g., website + Patreon access) may be verified prior to activation.

Enrollment: Membership may be purchased (i) directly on the Sites via Squarespace; or (ii) via Patreon. A Site account is required to redeem Site‑based benefits.

Security: You are solely responsible for all activities under your account and for maintaining confidentiality of credentials. Notify us immediately of unauthorized use. We are not responsible for losses arising from your failure to safeguard credentials.

Benefits: Benefits (e.g., discount percentages, free‑shipping thresholds, access to exclusive or ad‑free content) are as posted at purchase and may differ by tier and acquisition channel. Benefits are subject to change at any time without notice and may require you to be logged in to the applicable platform to apply them. Unless expressly stated, entry‑level Patreon tiers do not include cross‑platform benefits.

Term: Memberships are billed on a monthly cycle starting on the date of sign‑up and renew automatically until canceled. You authorize recurring charges to your selected payment method until cancellation. We do not send advance renewal notices.

Cancellation: You may cancel at any time: (a) Site‑purchased Memberships via your account dashboard at ConfusedIdealist.com; (b) Patreon‑purchased memberships via Patreon’s process. Cancellation prevents future renewals; no refunds or credits are provided for partial billing periods, except where required by Applicable Law or expressly provided in Defects/Returns and EU/UK Disclosures.

Non‑Transferability: Accounts and memberships are personal to the registered user or entity and may not be transferred, assigned, or sublicensed without our prior written consent.

Conduct: We may suspend or terminate Memberships for misuse or violation of these Terms (including community rules), in our sole discretion. Benefits are for personal, non‑commercial use unless expressly authorized in writing.

Store Policies

Prices; Currency: Prices are listed in U.S. Dollars (USD). Unless otherwise stated at checkout, listed prices are tax‑inclusive; shipping and handling are shown separately where applicable.

Payment Methods: For store purchases we accept Squarespace Payments, Stripe, PayPal, Venmo, Square, Apple Pay, credit cards, and debit cards. For Memberships purchased on the Sites we accept Squarespace Payments and/or PayPal; for Patreon purchases, payment is processed by Patreon. Acceptance of a payment method may vary by region and product.

Billing Authorization: You authorize us and our processors to charge all amounts due (including renewals, taxes, shipping, and fees) to the payment method you provide. If a payment fails, our processor may attempt retries (e.g., automated retries approximately five days apart, up to three total attempts) before cancellation.

Disputes; Chargebacks: If you initiate a bank or card dispute, the disputed amount and applicable processor fees may be debited from our balance. We may contest disputes and submit evidence. Once a dispute is opened, refunds for that transaction are unavailable. Outcomes are determined by the issuing bank or network.

No General Refunds: Except for defective goods and any mandatory rights, all sales are final; no refunds are issued for Memberships or goods/services, to the maximum extent permitted by law.

Fulfillment

Fulfillment Partner: Physical goods are fulfilled by Printful and shipped worldwide except to countries, regions, or individuals subject to sanctions or embargoes.

Processing Time: Typical order processing is 1–5 business days (no weekend/holiday processing).

Carriers; Methods: Carrier and method selection (e.g., USPS, UPS, FedEx, DHL, Printful standard) is at our or Printful’s discretion. Tracking information is generally provided via confirmation email.

Delivery Estimates: Estimated delivery windows: 5–10 business days for the United States and Europe; 5–15 business days elsewhere. These are estimates only; delays due to customs, weather, carrier conditions, labor actions, pandemics, or other events may occur.

Shipping Costs; Oversize; Thresholds: Shipping costs are flat‑rate based on Printful’s schedules and shown at checkout. Oversize/heavy items (e.g., certain canvases or blankets) may incur surcharges. Members may receive free shipping on qualifying orders that meet posted thresholds (e.g., $99+ before taxes/fees, excluding oversize items); thresholds and exclusions are subject to change without notice.

Risk of Loss; Title: Risk of loss passes to you upon delivery to the carrier. Title passes upon shipment, subject to payment in full and Applicable Law.

Addresses: We ship to street addresses only; no P.O. Boxes or APO/FPO/DPO addresses.

International Duties and Taxes

International customers are responsible for all import duties, VAT, customs, brokerage fees, and similar charges. We do not control such charges and cannot predict their amounts. Customs processing may cause delays. You are the importer of record and must comply with all laws and regulations of the destination.

Packages Marked Delivered or Lost

If a shipment is delayed, lost, or marked “delivered” but not received, responsibility lies with the carrier unless Applicable Law or Printful policy states otherwise. File claims directly with the carrier. We may assist at our discretion but do not assume liability for carrier errors.

Refunds and Returns

Defective Items Only: We accept returns only for defective or damaged items. You must email Support@ConfusedIdealist.com within 30 days of delivery with at least three photos from different angles showing the defect/damage, and your order number. Do not return items unless instructed.

Disposition; Costs: Printful generally does not require return of defective goods. If a replacement is approved, Printful covers the cost of shipping the replacement. If a refund is approved, we refund the original form of payment; original shipping is not refunded unless required by law.

Processing Time: After approval and any required processing, refunds generally reach your payment account within 3–10 business days (bank/network dependent).

Wrong Size/Item: If the wrong size or item is shipped due to our or Printful’s error, we treat it as a defect under this section. If the wrong size or item was selected by you at checkout, no refund or replacement is provided.

Late Delivery: Partial refunds for late but delivered items are not provided.

Intellectual Property

Our Content: All content on the Services—including but not limited to audio, video, podcasts, images, writings (fiction, poetry, essays), graphics, logos, trademarks, trade dress, code, compilations, and data (collectively, “Company Content”)—is owned by Company or its licensors and is protected by intellectual property laws. All rights not expressly granted are reserved.

Personal Use; Linking; Embeds: You may access and display Company Content for personal, non‑commercial use, and you may link to public pages of the Sites. You may embed our videos only via the official platform player (e.g., YouTube) with branding and overlays intact.

Prohibition on Full Re‑uploads; Feeds: Without prior written permission, you may not re‑upload full episodes/transcripts, mirror or scrape our RSS feeds, insert/replace/overlay ads, place our content behind your paywall, or use our content to train or fine‑tune AI systems.

Fan & Creator License (Excerpts): Subject to these Terms, we grant a revocable, non‑exclusive, non‑transferablelicense to incorporate short excerpts of our audio/video content into transformative works for commentary, criticism, parody, education, or review, with clear attribution and a link to the original source. Unless we expressly authorize otherwise in writing, this license is non‑commercial and limited to the lesser of 60 seconds or 10% of the original runtime per work. Commercial exploitation (ads, sponsorships, tips, paywalls, sales) requires prior written permission (Inquiries@ConfusedIdealist.com). We may revoke this license at any time.

Writings & Literary Works: You may quote up to 250 words per work of our writings for non‑commercial review, commentary, education, or scholarship with clear attribution and a source link. Anthologies, translations, dramatizations, AI adaptations, and derivative works require prior written permission.

Resale of Physical Goods: You may resell physical goods you lawfully purchased from our store. This does not grant any license to our copyrights, trademarks, or publicity rights beyond what is necessary to resell the specific item.

Podcasts and Video

Covered Properties: These Terms govern: (a) podcasts Helium Headspace and Ink & Oxygen (episodes, show notes, transcripts, and RSS feeds); (b) video programming including The Confused Idealist (and official mirrors/embeds); (c) our daily and archival social content; and (d) original writings published on any covered domain.

Short Clips for Commentary: You may use short clips consistent with the rules and guidelines laid out herein.

Transcripts: Any transcripts are provided “as‑is” and may include errors.

Mature Themes: Some material may include adult language or sensitive topics; viewer/listener discretion is advised.

Community Content

Assignment/License: To the maximum extent permitted by law, you assign to us all rights in your Submissions (“Submissions” include comments, emails, DMs, voicemails, audio notes, Discord posts, and any materials you provide for potential inclusion in our content). Where assignment is not permitted (e.g., certain EU/UK rights), you grant us a perpetual, irrevocable, worldwide, exclusive, royalty‑free, fully sublicensable license to host, reproduce, adapt, publish, create derivatives, publicly perform, and display your Submissions in any media. You waive (or agree not to assert) moral rights where allowed by law.

Likeness/Publicity: You grant us the right to use your name, image, voice, likeness, and statements as they appear in your Submissions in connection with our content and promotion, without additional consideration.

Representations: You represent and warrant that you own or have all necessary rights in your Submissions and that they do not infringe, misappropriate, or violate any right of others or Applicable Law.

Community Rules: No unlawful content, threats, harassment, hate speech, doxxing, spam, impersonation, scraping, hacking, or resale of access. Participation in Discord/live spaces may be recorded for moderation or inclusion in content; by speaking or appearing, you consent to recording and public use.

Moderation: We may—but are not obligated to—monitor Submissions and may remove content or limit features at our discretion. We do not operate real‑time content moderation systems and reserve the right to decide acceptability.

Prohibited Conduct

You shall not: (a) access or use the Services for unlawful purposes; (b) circumvent access limits, paywalls, rights‑management, or technical protections; (c) reverse engineer, decompile, or scrape; (d) interfere with security or functionality; (e) use bots or automated means not expressly permitted; (f) use the Services to advertise or market third‑party goods/services without consent; (g) misrepresent affiliation; (h) collect or harvest personal data from the Services; (i) upload malware; or (j) engage in conduct that, in our sole judgment, harms or threatens the Services or users.

Privacy and Cookies

Our collection and use of personal data is described in our Privacy Statement. We use analytics and tracking technologies (Google Analytics, Squarespace Analytics, Meta Analytics, Facebook Pixel).

Assumption of Risk

All podcasts, videos, writings, and related materials are provided for entertainment and general information only and do not constitute medical, mental‑health, legal, financial, or other professional advice. No clinician‑patient, counselor‑client, fiduciary, or advisory relationship is created. You alone are responsible for actions you take or do not take based on the content.

Disclaimers

To the maximum extent permitted by law, the Services and all Company Content are provided “as‑is” and “as‑available,” without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, title, and non‑infringement. We do not warrant uninterrupted or error‑free operation, accuracy of content, or that defects will be corrected. External links and third‑party services are provided for convenience and we are not responsible for their content, policies, or availability.

Limitation of Liability

To the maximum extent permitted by law: (a) we are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenues, goodwill, data, or use, arising out of or related to the Services or these Terms; and (b) our aggregate liability for all claims shall not exceed the greater of (i) the amounts you paid to us for the Service giving rise to the claim during the three (3) months prior to the event or (ii) US$100. These limitations apply even if a remedy fails of its essential purpose.

Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your Submissions, your use of the Services, your breach of these Terms, or your violation of rights of any third party or Applicable Law.

Third‑Party Platforms

Your use of third‑party platforms and services (e.g., YouTube, Instagram, Facebook, X/Twitter, Discord, Patreon, Apple Podcasts, Spotify) is subject to their terms and privacy notices. Those terms govern your relationship with the platform; these Terms govern your relationship with us. In the event of conflict concerning the Services, these Terms control to the extent not prohibited by Applicable Law.

Termination

We may suspend or terminate your access to any Services—for any or no reason—at any time, including for violation of these Terms or Applicable Law. We reserve the right to refuse service to anyone, subject to Applicable Law. Upon termination, provisions that by their nature should survive shall survive.

Notices, DMCA, and Reporting

Notices: We may provide notices via the Sites, email, or to your account contact information. You consent to electronic communications.

DMCA: If you believe content infringes your copyright, send a compliant DMCA notice to Legal@ConfusedProductions.com (and optionally by mail to the address above) including: (i) identification of the work claimed to be infringed; (ii) identification of the material claimed to be infringing with sufficient detail to locate it; (iii) your contact information; (iv) a statement of good‑faith belief; (v) a statement under penalty of perjury that the information is accurate and you are authorized to act; and (vi) a physical or electronic signature. We may remove content and/or terminate repeat infringers. Counter‑notices may be submitted to Inquiries@ConfusedIdealist.com.

Reporting: Report legal, safety, or privacy issues to Legal@ConfusedProductions.com or Support@ConfusedIdealist.com with URLs, timestamps, and a description.

Dispute Resolution

Governing Law: These Terms and any disputes arising out of or relating to them or the Services are governed by the laws of the State of Colorado, and to the extent applicable, U.S. federal law, without regard to conflicts‑of‑law principles.

Arbitration for Small Claims (≤ US$1,000): For any claim by or against us not exceeding US$1,000 (exclusive of interest, costs, and fees), the party asserting the claim shall submit the dispute to binding individual arbitrationadministered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. Arbitration may be conducted by telephone/video or on written submissions, at the arbitrator’s discretion. The seat of arbitration is Denver, Colorado, unless the arbitrator allows remote proceedings. Judgment on the award may be entered in any court of competent jurisdiction.

Exclusions: Either party may (a) seek injunctive or other equitable relief in court for claims relating to intellectual property, confidentiality, security, or unauthorized use; (b) bring an action to collectundisputed amounts due; or (c) pursue an eligible claim in small claims court. These Terms do not prohibit class actions; however, arbitration is individual only.

Venue; Jurisdiction: For claims not subject to arbitration or small‑claims proceedings, the state and federal courts located in Denver County, Colorado have exclusive jurisdiction and venue. You consent to personal jurisdiction in those courts.

Resale and Commercial Use

Except as expressly permitted in Resale of Physical Goods and Fan & Creator License, commercial use of Company Content or Services requires our prior written permission.

Changes to these Terms

We may update these Terms from time to time. Material changes will be posted on the Sites with an updated effective date. Your continued use of the Sites after the effective date constitutes acknowledgment of the revised Terms.

Entity: Confused Productions, LLC (d/b/a “Confused Productions”)
Covered Properties: ConfusedIdealist.com, TheConfusedIdealist.com, ConfusedProductions.com, HeliumHeadspace.com, InkAndOxygen.com, and any subdomains, mirrors, redirects, feeds, embeddable players, and distribution channels under Company’s control (collectively, the “Sites”).
Contact (Legal): Legal@ConfusedProductions.com
Contact (Support/Returns): Support@ConfusedIdealist.com
Postal Address for Notices: 1500 N Grant St, Suite 5091, Denver, CO 80203, USA

Last updated: October 2, 2025