Last Modified: [January 3rd, 2023]
These Terms are subject to change by Bold x Boho LLC, without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Modified” date referenced above, on the Website.
BY PURCHASING ACCESS TO THE LIBRARY FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT PURCHASE ACCESS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BOLD X BOHO LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Legal and Financial Disclaimer
You understand and agree that our products and/or e-courses available in the Library are intended to provide general information and are for educational purposes ONLY. You agree that the information provided is not business, financial, or legal advice.
You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular personal, business, and financial situation so that you can take the right steps for yourself and your situation.
You acknowledge that any claims we make on our Website regarding results or earnings are simply examples of past client success and are NOT guarantees of what you will earn by using our products. You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.
Commercial Licensing for the Showit Site Canvas Library
Upon payment, Bold x Boho LLC grants you non-exclusive access to use the Showit Site Canvas Library in your business, with your clients, within your designs, and in the form of selling Showit Website Templates. You have the rights to use it in both client facing designs, as well as using the Site Canvases to build website templates to sell on your own shop, Etsy, Creative Market or any other third party marketplace.
Upon payment, We will grant you one non-transferable, revocable, commercial license to use these Showit Site Canvases throughout the existence of the Showit Site Canvas Library, and in accordance with the Content Redistribution Policies contained within these Terms. .
You understand and agree that you are prohibited, and forbidden to sell or use Showit Site Canvases in a manner that competes with Bold x Boho’s business in selling Showit Site Canvases through the Library,and are not able, under any circumstances, to sell the information, keycodes, or specific site canvas designs whether on your own native site, or a third party marketplace platform such as Etsy or Creative Market. You are not allowed in any circumstances to give these keycodes, designs, or templates to other designers, as a freebie, or to anyone else that has not indivudaily purchased this license.
We use IP tracking cookies and softwares to monitor the activity and of the individual site canvases and our Showit Site Canvas Library and will hold you to the highest extent of the law if found re-selling our products, or buying our product and then creating a competing library-style product disregarding these terms and conditions.
You may not share the contents or instructions within our products with any third party.
You may not share your login credentials for beccaluna.com/showit-site-canvas-library with any third party for any reason or otherwise abuse your username and password. You may not sell or transfer your access to beccaluna.com/showit-site-canvas-library or any of the content and/or materials contained therein to any third party.
You agree that you will not use the contents of and materials in any products and/or e-courses you purchase from Bold x Boho LLC to create a competing product.
Nothing contained on Beccaluna.com or Boldxboho.com should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Bold x Boho LLC or by any third party.
Any violations of the license granted to you in these Terms may result in immediate termination of your access and account without notice. If your account is terminated for violating this license or any abuse of a username or password, you will lose all rights to any Showit Site Canvases we have provided, and you must immediately delete all Showit Site Canvases, and designs from the Library, and forfeit all fees you collected from the sale of any materials or content from the Library to us. If a site, or clients site of yours is found afterwards, all sites of yours will need to be taken down if using our licensed canvases without payment within 14 days. You will be immediatly removed from all communities of ours, and will be unable to join again without payment.
Content Redistribution Policy
With the commercial license granted, you have the right to use the pre-designed Showit Site Canvases within out Showit Site Canvas Library created by Becca Luna for:
- Designing your own website
- Designing websites for your clients
- Designing websites to sell as Showit Website Templates on your own website, on Etsy, on Creativemarket, or any other third-party marketplace
- Designing single pages to sell as add-on templates on your own website, on Etsy, on Creativemarket, or any other third-party marketplace
Your login credentials cannot be redistributed or shared with anyone and will be tracked using IP tracking software. You acknowledge that your purchase for access to the Library is for your single individual use.
It is understood by both parties that by purchasing access to the Library, you are unable to resell, or create any competing product similar to but not limited to:
- A Showit Site Canvas library, vault or marketplace of templates designed for Web Designers to use
- Single site canvases using the canvases provided without any customization
- Any commercially licensed website templates, digital products, or inidiviudal site canvases using our site canvases or designs
Both parties agree to these terms, and acknowledge that if tried, Bold x Boho LLC has the right to pursue legal action to the fullest extent of the law.
All prices and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
You are responsible for all payments agreed upon and tracked via Kartra at the point of purchase. Payments are due every 30 calendar days if you have chosen to do the payment plan option. Bills will be deducted from the registered credit card or bank account on file every 30 days using Stripe. The payments are non-refundable and by choosing to make the first payment, you are legally obligated to continue the payment plan and fulfill any and all payments.
You understand and agree that you are financially responsible for all purchases made by you or a third party acting on your behalf.
If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account, thereby terminating these Terms and all obligations of the Company hereunder.
It is your responsibility to notify Bold x Boho LLC if your credit card has changed or has expired and to make appropriate changes or your access and account may either be suspended or terminated. Please reach out to firstname.lastname@example.org and we’re more than happy to help.
We reserve the right to refer the collection of the outstanding balance to an attorney or collections agency. If your outstanding balance is referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees which amount to an additional 30% added to your balance if in the United States, and 35% if you’re an international student of ours. This additional fee is to cover our attorney and collections teams fees.
If a payment method is tried and uncompleted, it will be tried a total of four times and if no charges are successful, your access & lifetime commercial license will immediately be revoked. We monitor all customers and if we find out about any designs within the Showit Site Canvas Library being used after your license has been revoked, we will take legal action against you
Our payment processor, Stripe, will re-try the payment four times before it is sent to a collections agency of our choosing, your immediate access being revoked, and your commercial license being forfeited.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites. You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.
Due to the nature of the license and products you are purchasing and the extensive time and effort that goes into our products and e-courses, there is no refund policy for this, or any of the other beccaluna.com or Bold x Boho LLC products whatsoever.
Please do not message our support team with refund requests as we have explicitly made this clear.
We do not tolerate or accept any type of chargeback from your credit card company, Paypal or Stripe.
No Warranty or Liability
The information provided in our products and/or e-courses is believed accurate when made.
However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or e-courses purchased therefrom.
The use of our website or the downloading of any materials through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Bold x Boho LLC assumes no liability for any computer virus or other similar software code that is downloaded to your computer from our website or in connection with any materials offered through the website.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MIRACLE LUNA ELLIOTT, BOLD X BOHO LLC, BECCA LUNA AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR E-COURSES PURCHASED THEREFROM; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR WEBSITE; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
BOLD X BOHO LLC’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $100 (USD).
By purchasing a product and/or e-course from our website, you agree to this limitation of liability and release Bold x Boho LLC from any and all claims.
You agree at all times to defend, hold harmless, and indemnify Bold x Boho LLC, and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or e-courses purchased therefrom, as well as any third party claims of any kind arising from your actions in relation to our website (including any content you submit, post to, or transmit through our website).
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
Intellectual Property Protection & GDPR Compliance
The materials contained on our website, including, but not limited to, products, e-courses, videos, photos, graphics, designs, and other files, are the proprietary property of Bold x Boho LLC and are protected by the United States intellectual property rights.
You agree that you will not use our website, products, e-courses, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
User Content Generated in Our Products and e-Learning Courses
When you submit any post, comment, image, or other content that you upload, publish, or display on or through our e-course (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.
You retain the right to remove your User Content at any time.
If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.
You agree that you will not post, transmit, upload, perform, or otherwise make available any User Content that is:
· Harmful, threatening, defamatory, abusive, harassing, obscene, vulgar, hateful, pornographic, or otherwise objectionable;
· Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
· Advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to use our products and/or e-courses for lawful purposes only and agree not to violate or attempt to violate any security features of beccaluna.com including, but not limited to:
· Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
· Attempting to probe, scan, or test the vulnerability of beccaluna.com/showit-site-canvas-library or any associated system or network, or to breach security or authentication measures without proper authentication;
· Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to beccaluna.com/showit-site-canvas-library, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
· Using beccaluna.com/showit-site-canvas-library to send unsolicited email, including, without limitation, promotions or advertisements for products or services;
· Forging any TCP/IP packet header or any part of the header information in any email or in any posting to beccaluna.com/showit-site-canvas-library, or
· Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Bold x Boho LLC in providing beccaluna.com/showit-site-canvas-library.
You understand that any violation of system or network security may subject you to civil and/or criminal liability. Bold x Boho LLC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on our website or in our products, e-courses, or emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third Party Links
We may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by Bold x Boho LLC and beccaluna.com/showit-site-canvas-library. If you use those links, you leave our website.
You agree that Bold x Boho LLC and beccaluna.com/showit-site-canvas-library are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Bold x Boho LLC and beccaluna.com/showit-site-canvas-library are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from beccaluna.com/showit-site-canvas-library. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide at sign-up or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current with us so you can stay updated on our latest notifications.
To give us notice under these Terms, you must contact us as follows by email addressed to SUPPORT@BECCALUNA.COM. We may update the email address for notices to us by posting a notice on the Website. Notices sent by email will be effective when they are successfully received.
Dispute Resolution and Jurisdiction
By purchasing a product and/or e-course from Bold x Boho LLC, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
The Company may freely assign any of its rights and obligations under these Terms, to any of its affiliates, or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law, and the Company may transfer your information to any of our affiliates, successor entities, or new owner. You may not transfer any of your rights, access, or obligations under these Terms at any time.
The Terms, and all other policies incorporated herein by reference, constitute the sole and entire agreement between you and the Company and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sales governed by these Terms. If any future Terms are agreed to, such future Terms shall govern.