membership terms & conditions
Effective date: July 2024
SCOPE OF MEMBERSHIP
As part of the Membership program, Company shall provide the following to the Member:
- Access to online content within Membership via the Membership Dashboard
- Access to the Company’s private Facebook group
MEMBERSHIP TERMS
2.1 Upon approval and enrollment in the Membership, the Member will receive immediate access to the Membership materials from the Company at the time of purchase. Continuous access to the Membership materials is granted as long as the Member signs the Membership Agreement within 24 hours and fulfills their agreed-upon Membership fee (including quarterly membership with monthly payments, biannual membership, or annual membership.)
2.2 Member is granted only one license to access the Membership and utilize its materials. It is understood and agreed that the Membership materials are strictly for personal use and may not be shared with any third party. The Member understands that the Membership material may only be used by the Member and that sharing any of the Membership’s original downloads and membership content with other authors or anyone else is forbidden. This includes membership materials that have been edited by the Member for any third party who is NOT a paid member. This is forbidden.
2.3 In the event that the Company suspects unauthorized sharing of the Membership materials or the Member has disclosed their login information to a third party, the Company reserves the right to promptly terminate the Member's access to the Membership at its sole discretion.
3. USER REGISTRATION AND INFORMATION
3.1 Upon enrollment in the Membership, Members will be required to register on the Membership hosting platform to gain access to Membership materials. During registration, Members will create a username and password and may need to furnish additional personal details. By engaging in this process, Members consent to provide the Company access to such personal information for lawful purposes.
3.2 Members are accountable for the precision of their identifying information, ensuring the safety and security of this information, and promptly notifying the Company of any changes to their identifying details. The billing information submitted to the Company by Members will be maintained securely and is subject to the same confidentiality and accuracy standards as their identifying information.
3.3 Engaging in fraudulent or unlawful activities, as well as providing false or inaccurate information, constitutes grounds for immediate termination from the Membership.
4. MEMBERSHIP FEES
4.1 Member shall remit the Membership fee upon purchase to gain access to the Membership content. Member acknowledges and consents that the online payment processor utilized by the Company will securely retain Member’s credit card information. By this, Member authorizes the Company to automatically charge its credit card according to the terms outlined in this Agreement.
4.2 In the event that any eligible payment methods the Company holds on file for Member encounter payment issues, Member is obligated to promptly provide new eligible payment details. Failure to do so will result in immediate removal from the Membership.
4.3 Should Member fail to adhere to the required cancellation policy specified in Section 6 and neglect to cancel their membership, they are legally obligated to fulfill the subsequent monthly membership fee.
4.4 Members understand that their membership is set to automatically renew, granting the Company the authority (unless compelled by applicable law) to collect any outstanding payments, utilizing any eligible payment method recorded for the Member's account.
4.5 In the case of a Member defaulting on payment and failing to meet the agreed-upon quarterly commitment, immediate revocation of access to the Membership resources ensues until payment is made.
5. REFUND POLICY
Due to the nature of digital products, Company will not provide a refund or exchange.
6. CANCELLATION POLICY
6.1 This Agreement will remain in effect until either the Member chooses to conclude their subscription or the Company decides to terminate the Agreement.
6.2 Member possesses the option to end this Agreement by accessing the Membership platform and canceling their subscription at any time.
6.3 For Members enrolled in the Quarterly Plan with Monthly Payments, cancellation is restricted until 90 days after their initial subscription date.
6.4 The Company reserves the right to terminate this Agreement in the event of a Member's violation of its terms or any Membership rules. In cases of termination by the Company, Member will be promptly removed from the Membership without incurring subsequent charges.
7. MEMBER CONTRIBUTIONS
By actively participating in the Membership, Members may post materials, comments, or replies to comments (referred to as "Member Contributions") on Membership pages and materials. Members, in doing so, hereby grant the Company a royalty-free, non-exclusive, global license to copy, display, use, broadcast, transmit, and create derivative works from all Member Contributions.
8. COPYRIGHT & INTELLECTUAL PROPERTY
All materials associated with the Membership, including documents, Facebook posts/comments/replies, emails, blogs, digital files, paper documents, and any other work produced by the Company under this Agreement, are the exclusive and sole property of the Company. These materials are protected by United States Copyright Laws (USC Title 17). Members explicitly acknowledge that the Company's Membership and its corresponding content belong to the Company and are not intended for use beyond Member implementation. Members are granted a single-use, non-exclusive, non-transferable, and revocable license to access and utilize the Membership content and resources.
THE SOCIAL TEMPLATES AND NEWSLETTER TEMPLATES
a.The social templates are designated solely for the personal use of the Member for individual social media marketing purposes. Members may not share the original membership download links with any third party. Members also may not use the social templates as inspiration for any other third party. The social templates are for personal use only. The Member understands that sharing the original social template links OR edited social template links directly with any other individual is strictly prohibited and will result in immediate termination. Social templates can not be recreated, sold, or redistributed.
The Member retains the rights to use the Social Templates previously downloaded into their Canva account even after their membership has ended (as long as Member has fulfilled their Membership financial commitment).
THE MOCKUP LIBRARY
The Mockups in the mockup library can be used to create assets for display on social media or the Member’s website. Mockups can not be sold or redistributed.
The Member retains the rights to use the Mockups previously downloaded during their time in the membership even after their membership has ended (as long as Member has fulfilled their Membership financial commitment).
THE RESOURCES AND ANY OTHER MEMBERSHIP MATERIALS
The resources in the membership are designated solely for personal use of the Member. Member may not share any resource links with any third party. Resources can not be recreated, sold, or redistributed.
The Member retains the rights to use any resources the Member previously downloaded during their time in the membership even after their membership has ended (as long as Member has fulfilled their Membership financial commitment).
9. COMMUNICATION
Company is generally available to provide services during normal business hours: Monday – Friday 10am – 6pm EST, excluding holidays. If Company will be offline during typical business hours, Company will notify Member via the Facebook Group at least 2 business days prior to going offline. The Membership content will still be accessible outside of business hours.
10. SERVICE LOCATION
Both Parties agree and understand that the Membership platform, Facebook Group, and additional services to be provided under this Agreement shall be performed virtually.
11. ASSUMPTION OF RISK
Member agrees that their participation in the Membership is at their own risk. Company does not assume or accept responsibility for the security of Member’s account or content. Member agrees that their participation in the creation of an online account is at their own risk. In the event a breach of security has occurred, Company will notify Member pursuant to all laws and regulations.
12. CONFIDENTIALITY
Member shall not:
(i) disclose to any third-party any details regarding the business of the Company, including, without limitation its Membership materials, Membership downloads, Membership outlines, coaching methods, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.
13. INDEMNITY
The Member agrees to indemnify, defend, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against all claims, losses, expenses, damages, and costs, including, without limitation, reasonable attorneys' fees, as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of Company.
14. MAXIMUM DAMAGES
The sole remedy for any actions or claims by Member shall be limited to a refund, the maximum amount not to exceed the total monies paid by Member under this Agreement.
15. LIMITATION OF LIABILITY
In no event shall the Company be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with any breach of this Agreement, whether such damages were foreseeable, (b) whether or not Member was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
16. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of the Company or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters. All membership payments made by Member up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Member’s account and must be used within 12 months from the date of Notice of the Force Majeure Event.
17. DEFAMATION
Members agree not to engage in any defamatory activities, including but not limited to making false statements, spreading false information, or making disparaging remarks about the Company, other Members, or any third parties associated with the Membership. Defamatory activities include, but are not limited to, libel, slander, or any communication that may harm the reputation of the Company or its affiliates. In the event that a Member engages in defamatory activities, the Company reserves the right to take appropriate action, including immediate termination of the Member's access to the Membership. The Member acknowledges that engaging in defamation may result in legal consequences, and the Company may pursue legal remedies to the fullest extent permitted by law. Members further agree to indemnify and hold the Company harmless from any claims arising out of their defamatory activities within the Membership.
18.PROFESSIONAL DISCLAIMER
The Membership and additional services provided by the Company within the terms of this Agreement are solely for informational purposes. Members acknowledge and affirm that any information shared in the Membership, Membership materials, or Facebook group is not meant to constitute legal, medical, financial, therapeutic, or other professional advice. No fiduciary relationship is established between Company and Members.
19.NO GUARANTEES
The Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided. Member agrees to take responsibility for Member’s own results.
20. ARBITRATION
20.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
20.2 The place of arbitration shall be Iredell County, North Carolina. The arbitration shall be governed by the laws of the state of North Carolina unless another location is mutually agreed to by the Parties.
20.3 The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
21. HEADINGS
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
22. ENTIRE AGREEMENT
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
CONTACT:
18.1 If you have any questions about these Terms, please contact us at support@samscreativecure.com
