Participant Agreement For Printable Shop Vault Program and Entities

This Participation Agreement (“Agreement”) as dated upon the date set forth below, governs the terms and conditions for participation by the Participant identified below (“Participant”) in a Printable Shop Vault program (“Program”) created by Being Creative, Inc. (“Owner”).

1. The Program

The Program is a lifetime program organized to guide and educate participants through aspects of operating and growing a printables shop business. Program Start Date will be the date upon which the Program is purchased (“Program Start Date”). The content of this Program will be provided to Participant upon the Program Start Date but is subject to modification at any time per the discretion of the Owner. Program access will be available to Participant at the Program Start Date and Program Lifespan (“Enrollment Period”) subject to Participant following the Articles as set forth in this Agreement.

2. Program Fee and Payment Schedule

a. Program Fee – The Fee for the Program is $582, to be paid in 6 monthly installments (unless the below Full Pay option is utilized). The Program Fee includes:

• Access to the program portal with trainings for duration of Enrollment Period;

• Access to provided assets to help build your printables business for the duration of Enrollment Period.

b. For Participants Selecting the Installment Plan:

i. Initial Payment – Participant will make their first installment payment (the “Initial Payment”) of $97.00 to Owner and must agree to payment terms in order to retain access to Program.

ii Remaining Payment Schedule – Participant will make the remaining 5 installments of $97.00 each consecutive month starting 30 days after Initial Payment until the Program Fee is paid in full.

Participant authorizes Owner to automatically charge the credit card on file for any and all Program Fee balances owed and agrees to keep this information current with the Owner. If payment is insufficient or declined for any reason, Owner has authority to remove Participant from the Program, pursue collection of the balance of the Program fee, and shall have no liability in those regards.

iii. Cancellation and Refund Policy – Requests for Program cancellations, pauses, and/or refunds received by Owner will not be honored and Owner reserves the right to pursue collection of any outstanding balance owed to the Owner for the Program. Changes or substitutions cannot be made to the Program participant. No refunds for payments shall be granted since Program is a digital information program and no physical product can be returned.

iv. Full Pay – Participant has the option to pay in full for Program at time of purchase making it a one time payment of $497.

3. Participant’s Conduct

Participant agrees to conduct him/herself within the Program in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety, and welfare of other Program participants. Participant acknowledges and agrees that the Owner reserves the right to remove Participant from the Program, without reimbursement, if Owner, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.

4. Confidentiality

Participant understands that if given access to a group format of this Program, the information provided or shared with the Owner or other participants, whether, in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are confidential.

5. Program Access

Participant understands that his/her Enrollment Period in the Program begins on the Program Start Date and is subject to Owner discretion. The participant will not have access to the Program and any part in relation thereto if conduct is unacceptable or payments have not been made by Participant.

The Program may only be accessed by the Participant – the individual who is the customer on record with the Owner. The Program, including any usernames or passwords, may only be used by Participant as permitted herein and may not be sold or distributed without the Owner’s express written consent.

6. Release

Participant agrees that the Owner may use any images, audio recordings or video recordings of Participant obtained while enrolled in the Program in connection with the Program, including but not limited to testimonials, web pages, market research. Participant waives any right to payment, royalties or any other consideration for the use of such images, audio recordings, or video recordings. Participant waives the right to inspect or approve the finished product, including written or electronic copy, wherein Participant’s likeness appears. The Owner is hereby held harmless, released, and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf of the Participant’s estates have or may have by reason of this authorization.

7. Intellectual Property

All intellectual property rights in and to the Program, the Program Content, and all materials distributed at or in connection with the Program are owned by the Owner or the Program partners presenting during the course of the Program. Participant will not use or reproduce or allow anyone to use or reproduce such content or materials displayed at, distributed at, or provided in connection with the Program for any reason without the prior written permission of the Owner.

If participant no longer has access to Program for failed payments or Owner removal, the Commercial License has been revoked on all printable and promotional content that was acquired within the Program. If such content is used once Commercial License has been revoked then legal action will need to take place.

8. Commercial Licensed Content

Printable Templates and Promotional Templates:
Source files and their assets, along with product mockups, may not be sold as packages/bundles to Participant customers. Once changes have been made to the template with your own branding, color palette, etc. you can sell that rendition of the flattened exported printable. If you violate and sell Program templates within your own store then we will be forced to take legal action.
Stock Photos and Promotional Material
Users May:
Use images for personal or business use, online and in print.
Resize, crop or change image orientation.
Overlay the image with text, website screenshots, product designs and pdf designs.
Add filters or color overlays to suit their branding aesthetic.
Use the images to create opt-ins such as checklists, workbooks, pdfs, ebooks, as long as the images are flatted and overlaid with text or graphics and cannot be extracted, and so long as the image is not a main component of the download.
Content attribution is not required but is encouraged if you are feeling kind.
Users may not:

Otherwise alter, edit or manipulate the image, or claim the image as their own.
Sell, loan, or give away the image or otherwise allow a third-party to use the image in any way.
Transfer the images to clients/customers, even if you have modified the design by adding text or graphics.
Use the images for ebook covers or physical book covers to be sold on Amazon or similar mass distribution sites.
Create derivative products from the images such as templates, screensavers, quote graphics, desktop calendars, printables, art prints, mugs, calendars, clipart, invitations, or any such products, either for sale or to give away for free.
Images may not be used for any offensive, discriminatory, illegal or pornographic use.
Use the images to promote or sell other stock photography products/services/resources/courses, whether for free or paid.
Use Graphics Packs or InstaQuotes to create commercial products for sale or to give away. This includes derivative products such as prints, patterns, invitations, and social media templates.
9. Disclaimer of Warranties

The Owner gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Owner offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future earnings, business profit, marketing performance, customer growth, or results of any kind. The Owner does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to Participant of such results.

10. Force Majeure

Owner shall not be liable for any failure or delay in the performance of this Agreement if such failure or delay is due to causes beyond Owner’s reasonable control, including but not limited to acts of God (such as earthquakes, tornadoes, floods, etc.), war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon the occurrence of any force majeure event, the Owner relying upon this provision shall give written notice to the Participants of its inability to perform or delay in completing their obligations in regards to Articles 1 and 2.

11. Governing Law; Venue; Dispute Resolution

This Agreement shall be governed by the laws of the State of Florida and any disputes arising from it must be handled exclusively in Osceola County, Florida. The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through electronic correspondence. The Parties further agree that their respective good faith participation in any electronic correspondence is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures with the exception of those items outlined in Article 2 relative to the amount owed for the program. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

12. Entire Agreement; Waiver

This Agreement constitutes the entire agreement between the Participant and the Owner and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties. No waiver of any of the provisions of the Agreement by Owner shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Owner.

13. Effect of Headings

The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

14. Severability

If any term, provision, covenant, or condition of the Agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

By purchasing this Program, I agree to the terms and conditions of this contract.