Accepting these Terms
Please read these Terms of Service (“Terms”) carefully before using Site Canvas Studio (the “Site”) operated by Site Canvas Studio (“Company”).
By accessing or using any content on the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.
1.1 Checkout. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the buy now/checkout form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 7.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to NOT share your account information with anyone outside your business and will immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. ACCESS TO THE SITE SHARE KEYS
2.1 Showit Share Keys. Subject to these Terms, Company grants you a limited commercial license to use and access the product Share Key for commercial use for your own design business. You may use the canvases on unlimited clients’ sites and you may use them in unlimited templates you build.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the original Share Key, whether in whole or in part, or any content displayed within the design; (b) you may use the original Share Key in your own Showit account and modify to make your own design style. Then create a new Share Key and transfer the new key to the client’s site (c) you shall not access the Share Key in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Share Key’s may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Share Key’s (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3. TERM AND TERMINATION DUE TO NON PAYMENT AND FAILED PAYMENTS
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account & removal of Share Key’s from your Showit Account) at any time if your payment becomes past due. After 14 days. Past due a invoice for the full amount will be due. If the invoice is not paid at our sole discretion in full, termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6
4. Electronic Communications
Visiting the Site or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications providing electronically to you by Company, via email and on the Site, satisfy any legal requirement that such communications be in writing.
5. Links to Third Party Sites
The Site may link to other websites (“Linked Sites”). These Linked Sites are not under the control of Company. Company is not responsible for the contents of any Linked Sites. Company provides these links as a convenience to you. The links do not constitute endorsement by Company of the site or any association with its operators.
6. Intellectual Property
You are granted a non-exclusive, non-transferrable, revocable license to access and use the Site in strict accordance with these Terms. All content included on this Site is the property of Company and is protected by copyright and other laws that protect Company’s intellectual property and proprietary rights. You agree to not modify, publish, transmit, reverse engineer, or create derivative works found on the Site. You agree that you do have nor will have any ownership rights in any protected content, and that Company does not grant you any licenses, except what is authorized by these Terms in section 2. when you make a purchase that includes limited commercial use rights.
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses relating to or arising out of you use of the Site or services.
8. Dispute Resolution
Both You and Company agree that any dispute or claim arising from or relating to these Terms shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
9. Liability Disclaimer
The information and content on this Site may include inaccuracies or typographical errors. Company may make periodical changes at any time. Company makes no representations about the suitability, reliability, timeliness, or accuracy or the information on the Site. To the maximum extent permitted by applicable law, in no event shall Company be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages, without limitation.
10. International Users
Company is owned and operated in the United States. If you access the Site or services provided by Company outside of the United States of America, you are responsible for compliance with your local laws.
11. Governing Law
These terms are governed by the laws of Florida without regard to its conflict of law rules, and the laws of the United States of America.
12. Entire Agreement
This agreement constitutes the entire agreement between you and Company with respect to the Site and supersedes all prior or contemporaneous communications between you and Company.
If any part of this agreement is determined to be invalid or unenforceable, the rest of this agreement shall still be enforceable and the portion deemed invalid will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
14. Change to Terms
Company reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed on updates.
15. Contact Us
Company encourages you to contact us at firstname.lastname@example.org with any questions or comments regarding these Terms.
Last updated: April 10, 2023
Hey there fellow small biz owner! By purchasing Site Canvas Studio Membership (hereinafter the “Program”), you, the purchaser (hereinafter “Member”) enters an agreement with Site Canvas Studio operated under DBA Brand Me Gorgeous ("Company") and agree to the following terms:
1. Membership Deliverables
The Membership is a monthly membership. Company agrees to provide the content as promised on the Membership checkout page, which includes:
All site canvases collections available for sale on www.sitecanvasstudio.com website
Member also understands that Company is not providing one-on-one service on behalf of Member.
In consideration of Member’s access to the designs, Member agrees to pay the membership fee price.
Member hereby authorizes Company to charge Member’s credit card or debit card automatically as part of Member’s payment plan.
4. No Refunds
Company has a strict no refund policy on the Program. Member understands and agrees to this.
Member may cancel their payment plan for the Membership at any time. Client understands that they will immediately lose all access to the membership including all content and Share Keys and any other live support and/or community support. In addition Member understands and agrees that any and all collection sets and canvases must be retired from the members Showit account and may not be used including any Templates that are using the canvases for sale by the member. All canvas must be removed for anything being currently for sale. Any past sales before cancellation or past use with client sites are not affected.
Company may cancel Member’s Membership at any time for any reason.
6. Intellectual Property
Company owns the rights to all content in the Membership 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. Member’s participation in the Membership does not transfer any intellectual property rights to Member. Company grants Member a single-use, non-exclusive, non-transferable, revocable license to any and all Membership content. Member agrees not to creative any derivative works of the content found in the Program.
7. Force Majeure
Company shall not be liable or responsible to Member, 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 Company 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.
8. Independent Contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Company agrees only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
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.
Member agrees to absolve and do hereby absolves Company of any and all liability or loss Member may suffer or incur as a result of use of the Membership and/or any information and resources contained in the Program. Member agrees that Company 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 Program.
Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Membership 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. Company 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.
Member may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
Member agrees to indemnify, defend, and hold harmless the Company, 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 Member’s use of or inability to use the Membership and related services, any user postings made by Member, your violation of any terms of this Agreement or your violation of any rights of a third party, or Member’s violation of any applicable laws, rules or regulations.
15. Dispute Resolution
Member expressly waives any and all claims, now or in the future, arising out of or relating to the Program. To the extent Member attempts to assert any such claim, Member hereby expressly agrees to present such claim only in the small claims courts in Citrus County Florida.
Last Updated: April 21st 2023