How to Use this Site
Last Updated July 27, 2020.
Welcome to Creatively, LLC’s (“Creatively”) website. Creatively provides the Site as a service to our customers. Please read the following terms of service (“Terms”) as they govern your use of our Site and our services and content accessible via our Site. To make these Terms easier to read, the Site and our services and content are collectively called the “Services.” By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
We may update the Terms at any time. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services, as they are binding on you. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
NOT BUSINESS, LIFE, OR FINANCIAL ADVICE
Creatively provides the www.stacyennis.com website to promote broad consumer understanding and knowledge of writing a book, and the professional and personal growth connected to writing. All the information on this website is published in good faith and for general information and educational purpose only. The information is not intended to be a substitute for professional business or life coaching. Always seek the advice of a professional before making major business or life changes, especially financial decisions. Never disregard professional advice or delay in seeking it because of something you have read on this site.
You agree and acknowledge that Creatively is not providing career advice, business advice, life advice, or financial advice. You should consult your business coach or financial planner regarding any questions or concerns you have about business or finances from the site.
Membership & Eligibility
Creatively offers customers a membership opportunity to join Nonfiction Book School, an author accelerator program. Creatively offers customers a membership opportunity to join the “Inspired Author, Motivated Author, or Accelerated Author” programs. Membership allows customers to purchase products from the Site, see previous orders, and save a payment method to their account. You can sign up for a membership by registering and creating an “Account.” You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with us. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
From our website, you can visit other websites by clicking on links from our website to theirs. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites, and the links to other websites do not imply recommendations or endorsements for the websites or the content found on them.
Please be also aware that when you leave our site, other sites may have different privacy policies and terms that are beyond our control.
Online Purchases and Payments
When you make a purchase through our Services, you authorize us or our third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in U.S. dollars. When you initiate a purchase transaction via the Services, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.
Customer Satisfaction & Return Policy
At Creatively we are committed to providing our customers with great quality products and resources. Our products are sold online for download. We have done our best to display our items as accurately as possible via our Services. If you are not satisfied with your purchase, please contact us via email within 15 days of the purchase date and we refund your order. Return requests after 15 days from the purchase date are ineligible for refund.
Creatively Intellectual Property
(a) Our Content
All of the content that appears on the Site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Creatively (“Content”). We either own or have a license to all such Content. Subject to your compliance with these Terms, Creatively grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Creatively gives you permission to download and temporarily store one or more of the pages on our website for viewing on a personal computer or mobile device for non-commercial use; however, your use of the Site does not grant you any intellectual property rights thereof. You may link to our Content or repost our Content only with attribution and link to the Creatively Site. The Content, including the Creatively brand features and service marks, are protected by copyright under international conventions and other worldwide intellectual property laws. Apart from the permission stated, the reproduction, permanent storage, or retransmission of the contents of this site is prohibited without the prior written consent of Creatively.
If you purchase any resources in our online store, you are purchasing a limited, non-exclusive, non-transferable, non-sublicensable license to view and make one copy of the purchased materials for your own non-commercial use. You understand and acknowledge that the Services have been developed by us and have involved a significant investment of time and expense and that the Services are original content that have value and that need to be protected from improper and unauthorized use.
“User Content” means any text, graphics, images, works of authorship of any kind or other materials that are posted, generated, provided, or otherwise made available by you through the Services or that you share with other users or recipients. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
By submitting, posting, or displaying any content on the Site you automatically grant Creatively a worldwide, non-exclusive, royalty-free, irrevocable license to use, copy, sublicense, modify, adapt, transmit, distribute, publicly perform or display such materials on the Site and in all other forms of media. All rights in this paragraph are granted without compensation of any sort to you.
You represent to Creatively that you own all materials you provide and/or have the unencumbered legal rights to grant the above-referenced license with respect to all materials you provide. You further represent and warrant that such materials do not infringe any third party copyrights or other third party intellectual property rights. You understand that Creatively is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Creatively may remove any content or suspend any user from its website in its sole discretion, including but not limited to a user’s interference with others’ use of the site, or obscene or inappropriate comments. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
The Site includes the Creatively, LLC, page located at www.stacyennis.com, which extracts content from our users and customers who share photos and videos on Instagram using Creatively’s brand hashtags or tagging the Creatively Instagram account @stacyennis or Facebook account @stacyenniscreative (all such hashtagged or @- labeled photos and videos, “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in Creatively’s social media, public presentations, email, on our Site or other websites that we operate or control, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your Account or your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.
Creatively respects copyright law and expects its users to do the same. It is Creatively’s policy to terminate in Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please contact us for a copy of our copyright policy.
Use of the Services
We really want everyone to have a great experience using the Services. That’s why you agree that you won’t do any of the following things, otherwise we might have to suspend or terminate your Account:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services, or any individual element within the Services, Creatively’s name, any Creatively’s trademark, logo or other proprietary information (including through the use of meta tags or the like), or the layout and design of any page or form contained on a page, without our express written consent, except as is clearly permitted by the functionality of the services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Creatively or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to interfere in any way with the Services or Creatively’s networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other third party or individual to do anything listed above.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DISCLAIMER AND LIMITATION OF LIABILITY
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Creatively does not warrant that the sites or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the sites or servers that make services available, are free of viruses or other harmful components. You assume the entire cost of all necessary maintenance, repair, or correction. NEITHER CREATIVELY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CREATIVELY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Creatively does not warrant or make any representations regarding the use or the results of the use of the Site or materials on the Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Creatively assumes no liability for the content of the sites, does not represent or warrant that use of the Content will not infringe rights of third parties and has no responsibility or liability of actions of third parties or for content provided by others.
IN NO EVENT SHALL CREATIVELY, ITS AFFILIATES EMPLOYEES, AGENTS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY AMOUNT OF DIRECT DAMAGES IN EXCESS OF $100. (SINCE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CREATIVELY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CREATIVELY AND YOU.
BY USING THE SERVICES YOU ACKNOWLEDGE AND UNDERSTAND THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE. YOU UNDERSTAND THAT YOU WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THESE TERMS UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS OR ANOTHER EXCEPTION AS PROVIDED FOR BELOW. INSTEAD, YOU AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.
Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us. If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that: (a) a Claim may be brought in small claims court if it qualifies for it, (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights and (c) constitutional or civil rights questions as provided for by law.
What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could award, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
- Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action. We agree to do the same.
- What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”) applying Idaho law as appropriate. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
- How will the arbitration be conducted? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to email@example.com. If we request arbitration against you, we will give you notice at the email address or street address you provided.
- INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION: If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at firstname.lastname@example.org. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com or by reviewing a particular product. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Correction of Site Errors
The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconvenience.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
You agree to indemnify, defend, and hold harmless Creatively and its partners, affiliates, suppliers, licensors, employees, representatives, contractors, agents, and content providers from any and all claims, including but not limited to attorneys fees, arising from or related to 1) content or information you provide; 2) Creatively use of information you provide; and 3) your breach of this Agreement.
Creatively may terminate or restrict your use of the website or any part of the site at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the website affected by such termination or restriction.
This Agreement constitutes the entire agreement between Creatively and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho without giving effect to any of its conflicts of law provisions. You agree that any cause of action relating to your use of the Site not otherwise required to be resolved by arbitration must be filed in the state or federal courts located in Ada County, Idaho. Creatively may transfer its rights and obligations under the Agreement at any time without notice. If any provision of this Agreement shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any failure of Creatively to enforce or exercise any provision of this Agreement shall not constitute a waiver of that right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provision of the Terms will continue in full force and effect. In the event of termination of this Agreement for any reason, the provisions entitled User Generated Content, Disclaimers And Limitation Of Liability, Dispute Resolution, Indemnification, and other provisions for which survival is equitable or appropriate, shall survive.