Last Updated: June 9th, 2024
Hey there fellow small biz owner! By purchasing Creative Briefs (hereinafter the “Subscription”), you, the purchaser (hereinafter “Creator”) enters an agreement with Delightfully Designing, LLC (“Designer”) and agree to the following terms:
1. Membership Deliverables
The Subscription is a monthly membership. Designer agrees to provide the content as promised on the Subscription checkout page, which includes:
- One custom created spreadsheet with a product focus, researched keywords, step by step checklist, and linked resources.
2. Disclaimer
Designer’s Privacy Policy is hereby incorporated by reference into this agreement. Creator understands that Designer will be providing educational content to Creator and that Designer’s obligations under this Agreement exist only while Creator is a paying member of the Subscription. Designer’s obligations will cease once Creator or Designer cancels Creator’s membership.
Creator understands that Designer is not providing one-on-one service on behalf of Creator. Add any other relevant disclaimers here.
3. Payment
In consideration of Creator’s access to the Subscription, Creator agrees to pay the current subscription price which is subject to change. Current subscription price is always available on the Subscription sales page.
Creator hereby authorizes Designer to charge Creator’s credit card or debit card automatically as part of Creator’s payment plan.
4. No Refunds
Because of the instant access and digital nature of this offer, Designer has a strict no refund policy on the Subscription. Creator understands and agrees to this.
5. Cancellation
Creator may cancel their payment plan for the Subscription at any time. Creator understands that they will immediately lose all access to the Subscription including all content and any other live support and/or community support.
Designer may cancel Creator’s Subscription at any time for any reason.
6. No Master Resell Rights. No Personal Label Rights.
Master Resell Rights and Personal Label Rights are not available for this membership. Creator understands that no rights of reproduction are transferred by this Agreement. Creator agrees not to create any derivative works of the content found in the Subscription.
7. Intellectual Property
Designer owns the rights to all content in the Subscription such as texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Creator’s participation in the Subscription does not transfer any intellectual property rights to Creator. Designer grants Creator a single-use, non-exclusive, non-transferable, revocable license to any and all Subscription content.
Designer grants Creator a commercial license for artwork, clipart, patterns, illustrations, etc. provided as part of this subscription so that Creator can design and create products for sale.
8. Force Majeure
Designer shall not be liable or responsible to Creator, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Designer including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Independent Contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Designer agrees only to provide Creator with access to the Subscription, which provides education and information. The information contained in the Subscription, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
10. Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
11. Liability
Creator absolves Designer of any and all liability or loss Creator may suffer or incur as a result of use of the Subscription and/or any information and resources contained in the Subscription. To the extent permitted by law, Creator agrees that Designer shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Subscription.
12. Warranty
Designer makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Subscription for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Designer and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
13. Assignment
Creator may not assign this Agreement without express written consent of Designer.
14. Modification
Designer may modify terms of this agreement at any time. All modifications shall be posted on the Designer’s website and purchasers shall be notified.
15. Indemnification
Creator agrees to indemnify, defend, and hold harmless the Designer, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Creator’s use of or inability to use the Subscription and related services, any user postings made by Creator, your violation of any terms of this Agreement or your violation of any rights of a third party, or Creator’s violation of any applicable laws, rules or regulations.
16. Dispute Resolution
Creator expressly waives any and all claims, now or in the future, arising out of or relating to the Subscription. To the extent Creator attempts to assert any such claim, Creator hereby expressly agrees to present such claim only in the small claims courts in Lake County, Florida.